1. Revised ADA Regulations Implementing Title II and Title III

On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including its ADA Standards for Accessible Design. The Department has prepared fact sheets identifying the major changes in the rules at http://www.ada.gov/regs2010/ADAregs2010.htm.

Among the changes that will affect both rules are:

Adoption of the Revised Design Standards – New accessible design standards are established for a variety of recreational facilities, including swimming pools, playgrounds, golf courses, amusement rides, recreational boating facilities, exercise machines and equipment, miniature golf courses and fishing piers; as well as for such public facilities as courthouses, jails and prisons.

Element by Element Safe Harbor – The department is mitigating the cost of design changes by adopting a “safe harbor” under which existing building elements that already comply with the 1991 ADA Standards for Accessible Design would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration.

Ticketing – The department has added provisions that provide guidance on the sale of tickets for accessible seating, the sale of season tickets, the secondary ticket market, the hold and release of accessible seating to persons other than those who need accessible seating, ticket pricing, prevention of the fraudulent purchase of accessible seating and the ability to purchase multiple tickets when buying accessible seating.

Service Animals – The regulations define “service animal” as a dog that has been individually trained to do work or perform tasks for benefit of an individual with a disability.

Wheelchairs and Other Power-Driven Mobility Devices – The amended rules provide a two-tiered approach under which wheelchairs and scooters must be permitted in all areas open to pedestrian use.

Timeshares – The Title III regulation also makes clear that timeshare and condominium properties that operate like hotels are subject to title III, providing guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging.

Reservations at places of lodging – The Title III regulation includes provisions for reservations made by places of lodging, including requirements for procedures that will allow individuals with disabilities to make reservations for accessible guest rooms during the same hours and in the same manner as other guests.

2. The Justice Department (DOJ) has published four new Americans with Disabilities Act (ADA) proposals.

These advance notices of proposed rulemakings, published in the Federal Register on July 26, 2010, address the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. The Department invites written comments from members of the public. Written comments must be postmarked and electronic comments must be submitted on or before January 24, 2011. In a speech at the Department of Justice's ADA 20^th Anniversary Commemoration, Attorney General Eric Holder also announced that as part of DOJ's new Diversity Management Plan, there will soon be a new position filled called Special Assistant for Disability Resources.

• The staff knew we were coming, and knew we needed assistance.
  
• They also didn't balk at the medical equipment free-baggage allowance for his toilet seat.
  
• The flight crew knew we wanted Craig's wheelchair on board, and made every effort (when possible) to make this happen (both DEN-IAD flights) and knew it was in his FAA rights to do so.
  
• Everyone greeted us with a smile.
  
• No one ignored us. (Really, that's a highlight!)
• The pilot even introduced himself. When does that EVER happen?
• None of Craig's mobility equipment was damaged.
  

Since mid-April Steamboat Springs' downtown section of CO Hwy 40 has been under construction in a $4.5million project to repave the 10-block stretch with a more durable surface - concrete. Due to a wetter spring than average, the project started slow and made for a tough spring, but now that summer has hit the vacation resort town with thousands of tourists, the construction traffic, which at times can be backed up for over an hour to go three miles, has made most locals frustrated at best.

But where most see a nuisance to their daily routine, Steamboat visitors and locals who use mobility devices will (eventually) appreciate the new downtown in ways most won't even notice.

Scott Construction is not just repaving the five lanes with concrete, on many blocks they have ripped up 100 feet of connecting side streets as well to improve the crosswalks with a red concrete cross walk and wider, smoother curb-cut transitions.

In mountain towns like Steamboat, the curbs take the brunt of the winter plows and have needed an overhaul for many years. Many curbs were crumbled and on some blocks they were nearly too small for a wheelchair or non existent at all. Several streets didn't have striped cross walks, although tourists and locals alike disregarded this and crossed against fast, oncoming traffic; nor did these streets have stop lights.

The improvements have also included several new traffic lights (such as at 11th), some with turn-lane signals to help keep traffic from backing up behind cars turning left across traffic. But many new crosswalks and crossing signals have been added to help smooth the downtown foot traffic as well.

All these new additions mean better accessibility for wheelchairs, strollers, and slow walkers through downtown, and will prove to freshen up the look of the downtown as well.

Although Scott Construction was under contract to finish the job by June 30th, the uncooperative spring weather has made sure that Steamboat will be seeing more of this crew's equipment in the fall months as well, much to Steamboat's chagrin.