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TITLE II AND III OF THE "AMERICANS WITH DISABILITIES ACT":
Responsibilities of State and Local Government Agencies
Provision of Auxiliary Aids by Public Accommodations
Deaf and hard of hearing individuals are entitled to effective communication with state and local government agencies. Title II of the "Americans with Disabilities Act" (ADA), 42 U.S.C. §§ 12131-12134, forbids discrimination by any public entity. This federal law applies to all types of state and local government agencies and entities, including courts, schools, social service agencies, legislatures, commissions and councils, recreational facilities, libraries, and departments and agencies of all kinds.
Title III of the ADA, 42 U.S.C. §§12182, 12183, provides people with disabilities with the rights to equal access to public accommodations. For Deaf and hard of hearing people, Title III and its regulation will be of tremendous help in removing communication barriers. Title III covers a wide range of places, such as hotels, theaters, restaurants, doctors' and lawyers' offices, private health care providers, such as private mental health services, banks, insurance agencies, retail stores, museums, parks, libraries, day care centers and private schools. All of these public accommodations are required to provide auxiliary aids and services to ensure effective communication with Deaf and hard of hearing people. The ADA also requires the removal of structural communication barriers that are in existing facilities, by the installation of flashing alarm systems, permanent signage, and adequate sound buffers.
The U.S. Department of Justice regulation to Title III of the ADA, 28 C.F.R. Park 36, and the analysis thereto, 56 Fed. Reg. 35544-35691 (July 26, 1991), explain in detail the requirements of this title. Public accommodations are required to provide auxiliary aids when such are necessary to enable a person with disabilities to benefit from their services.
A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities.
8 C.F.R. §§36.303 (c). A comprehensive list of auxiliary aids and services required by ADA is set forth in this regulation, and includes, for Deaf and hard of hearing individuals:
Qualified interpreters, note takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listing devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunication devices for Deaf person (TDD'), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
28 C.F.R. 36.303 (b) (1). The term qualified interpreter is defined in the regulation to mean:
...an interpreter who is able to interpret effectively, accurately and impartially both receptively, and expressively, using any necessary specialized vocabulary.
28 C.F.R. 36.104. The Analysis to this regulation makes it clear that Congress, as well as the Department of Justice, "expects that public accommodations will consult with the individual with a disability before producing a particular auxiliary aid or service. " 56 Fed. Reg. at 35567. The Department of Justice further stated in its Analysis:
It is not difficult to imagine a wide range of communications involving areas such as health, legal matters, and finances that would be sufficiently lengthy or complex to require an interpreter for effective communication.
"AMERICANS WITH DISABILITIES ACT"
JULY 26, 1990 104 STAT. 327
One Hundred First Congress of the United States of America
At the Second Session
Begun and held at the City of Washington on Tuesday, the twenty- third day of January, one thousand nine hundred and ninety.
An Act: To establish a clear and comprehensive prohibition of discrimination on the basis of disability.
http://www.usdoj.gov/crt/ada/statute.html
