WATA Bulletin: Winter 2001
Contents:
- Public libraries required by law to make information technology accessible
- Legal Update: PGA Tour v. Casey Martin
- Calendar of Events
Public libraries required by law to make information technology accessible
Sherrie Brown, J.D., Ed.D., Policy Specialist, UW Center for Technology and Disability Studies
Public libraries are increasingly cataloging, organizing and tracking materials electronically, as well as offering access to the Internet. Public libraries are required by law to make their services-including information technology-accessible to users with disabilities.
General rule
prohibits discrimination
Public libraries cannot discriminate on the basis of disability. Any
resource made available to individuals without disabilities must also
be available to individuals with disabilities, including the library
catalogue, archived microfiche, daily newspapers, and books and magazines.
If these materials are available as electronic resources, they must
be available to users with disabilities.
If a library has a web site, it must be designed with accessibility in mind. Web browsers installed on library computers should be selected with a variety of accessibility needs in mind.
Reasonable
modifications
Public libraries must make reasonable modifications to allow people
with disabilities equal opportunity to access electronic information
systems. Modifications need not be the exact ones requested by a user;
libraries can choose less expensive or alternative options as long
as the modification allows access. They may not place special charges
on individuals with disabilities to cover the costs of making modifications.
For example, if the library needs to purchase adaptive software to
facilitate access to the Internet, the user cannot be charged for
the software.
Provide Auxiliary
Aids and Services
A public library must provide auxiliary aids and services if necessary
to ensure effective communication with people with disabilities. Auxiliary
aids include such services or devices as qualified interpreters, assistive
listening devices, television captioning and decoders, telecommunications
devices for deaf persons (TDDs), videotext displays, readers, taped
texts, materials in braille, and large-print materials.
In determining what type of aid or service to provide, a library must give "primary consideration" to the individual's request. However, the library is not required to fulfill the individual's request if an alternative aid or service will provide equally effective communication. For example, an individual may request an interpreter, but if handwritten notes would be equally effective in communicating, the law does not require that the library provide the interpreter.
Do public libraries
always have to make modifications or provide auxiliary aids?
No, not if doing so results in a fundamental alteration to the services
or in an undue financial or administrative burden. However, public
libraries must take another action, if available, that would not result
in a fundamental alteration or undue burdens but would provide access.
The library's financial resources are one factor in determining whether providing modifications would constitute an undue burden. A small library with minimal technology would have a stronger argument that purchasing adaptive equipment is financially prohibitive (undue burden) than would a large public library with a significant purchasing budget for technology.
How should
accessible software be chosen?
The more technology a library uses, the higher the expectation that
it will provide accessible technology. When a library alters its services,
it must ensure that the new services are accessible. Libraries are
expected to develop long-term technology plans that incorporate accessible
technology. But the law does not require that a library have available
every type of adaptive technology or anticipate every user's individual
need.
If the library installs software that is widely used and recognized as meeting accessibility standards, the individual might be required to learn the software selected by the library.
When a public library selects software or hardware that cannot be adapted, the subsequent substantial expense of providing access is not generally regarded as an undue burden, when that cost could have been significantly reduced by considering the issues of accessibility at the time of initial selection.
As a user of adaptive technology you have rights to access the electronic technology used by your public library. The library need not provide the exact software or hardware that you might find most useful for your individual accessibility needs. However, it must provide modifications and/or auxiliary aids to allow you access to the information they make available to individuals without disabilities, unless this would cause fundamental alterations or undue burdens.
In small libraries with limited resources, their duty to provide you access may mean reading the computer screen to you. On the other hand, large libraries may be required to purchase accessible software if the computers are not already equipped with readily available technology.
How you can
help public libraries
Most librarians are eager to learn how to provide accessible electronic
technology to all users of the library. You can help by making your
needs known, by providing information on what technology is available,
and by referring them to resources on adaptive technology. Resources
are available on the WATA web site at http://wata.org/.
Legal Update: PGA Tour v. Casey Martin
Sherrie Brown, J.D., Ed.D., Policy Specialist, UW Center for Technology and Disability Studies
An important case involving the Americans with Disabilities Act (ADA) was argued before the U.S. Supreme Court on Jan. 17. In PGA Tour, Inc. v. Martin, the Court was asked to decide a case under Title III of the ADA. Title III covers the activities and services of places open to the public ("public accommodations").
The facts in the Martin case are simple. Casey Martin is a very talented professional golfer with a circulatory disorder that limits his ability to walk. Although use of a golf cart is allowed in collegiate competition as well as in most professional golf competitions governed by the Professional Golfing Association (PGA), the PGA refused to allow him to use a cart on the PGA Tour. They argued that the fatigue factor involved in walking the course is an essential part of the Tour, which offers the highest level of competition in golf.
Mr. Martin sued,
arguing that the PGA is required to make a reasonable modification
to its rule-i.e., allow him to ride in a cart-so that, as a person
with a disability, he can compete.
The PGA made two arguments in response. First, it argued that the Tour is not covered under Title III because it is not "open to the public," and therefore the PGA cannot be sued under Title III by a golfer. While the public can watch the competition, only very select athletes are allowed to compete in the Tour.
Second, in case the Court were to hold that Martin can in fact sue the PGA, they argued that walking is essential to the competition and riding a golf cart instead would "fundamentally alter the nature of the game." The ADA does not require public accommodations to fundamentally alter their services or programs.
The Ninth Circuit Court of Appeals ruled in favor of Martin, holding that the PGA is covered by Title III and that riding a golf cart is a reasonable modification to the walking rule. The PGA appealed to the Supreme Court.
Martin is clearly an important case for athletes with disabilities who face rules that may limit their participation in tournaments. But it also has larger implications for the rights of individuals with disabilities because it challenges two key principles of the ADA:
First, the ADA gives courts the authority to review decisions of employers, places of public accommodation, and local and state governments to ensure that disability rights are protected. The PGA believes instead that courts should give deference to the rules of the PGA.
Second, the principle of "individualized determination" and case-by-case consideration of requests for accommodations or modifications is a hallmark of the ADA. The PGA does not believe that it should be required to consider each request for accommodation or modification individually.
The Supreme Court's decision in the Martin case is expected in early summer 2001.
(In the last WATA Bulletin we reported on an ADA Title II case, University of Alabama v. Garrett, argued before the Supreme Court in October 2000. A ruling in the case has not yet been issued.)
Calendar of Events
Technology
and Persons With Disabilities
March 19-24, Los Angeles
Center on Disabilities at California State University, Northridge
hosts its 16th annual international conference on assistive technologies.
Keynote speaker is John Hockenberry, award-winning international correspondent
with "Dateline NBC." Information: Center On Disabilities,
CSUN, 18111 Nordhoff St., Northridge, CA 91330-8340, 818-677-2578,
or www.csun.edu/cod/.
RESNA 2001
Annual Conference
June 22-26, Reno, Nevada
RESNA 2001, sponsored by the Rehabilitation and Assistive Technology
Society of North America, brings together people who use, develop,
manufacture and deliver assistive and rehabilitative technologies.
Topic of the Annual Research Symposium is Telecommunications. Information:
RESNA, 1700 N. Moore Street, Suite 1540, Arlington, VA 22209-1903,
703-524-6686, info@resna.org or
www.resna.org/.
AAC in the
Mountains 7th Annual Conference
July 19-20, Park City, Utah
Featured Workshops include: "Autism, AAC and Positive Behavior
Support" and "Literacy, Play, and Autism." Information:
Creative Communicating, P.O. Box 3358, Park City, UT 84060, 435- 645-7737,
aac@creative-comm.com,
or www.creative-comm.com/aac00.html.
For calendar updates,
visit the Web at
http://wata.org/calendar.htm
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The WATA Bulletin is supported by grant H224A3006 from the National Institute on Disability and Rehabilitation Research, U.S. Department of Education, to the Division of Vocational Rehabilitation, Olympia, WA.