. Technical Housekeeping Handouts and archive at Infopeople.org Content comments and questions chat at bottom of screen Technical questions “HELP” at bottom of screen [email protected]event ID: infopeople (212) 651-8060 Evaluation sent to you http://www.infopeople.org/training/webcasts/
62
Embed
. Technical Housekeeping Handouts and archive at Infopeople.org Content comments and questions chat at bottom of screen Technical questions “HELP” at bottom.
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
.
Technical HousekeepingHandouts and archiveat Infopeople.org
Content comments and questionschat at bottom of screen
• Letters to Department of Justice (DOJ) from libraries, Senators
• Not legal precedent, but may be persuasive
.
Public Libraries: Books on Upper Floors
…if a public library's open stacks are located on upper floors having no elevator, as an alternative to making the upper floors accessible, library staff may retrieve books for patrons who use wheelchairs as long as the aides are available during the operating hours of the library.
John L. Wodatch, Dept. of Justice 1995 http://www.usdoj.gov/crt/foia/tal660.txt
.
Bookmobiles Wheelchair Lifts?
Library may install wheelchair lift or give program access by using aides to locate and retrieve books.
John L. Wodatch, Dept. of Justice 1993http://www.usdoj.gov/crt/foia/tal434.txt
State Library of Ohio
.
Public TTY Phone?
Response: Standards require provision of a public TTY only when the facility provides four or more public pay telephones.
Deval Patrick, Dept. of Justice 1995http://www.usdoj.gov/crt/foia/tal663.txt
Richardson Public Library (TX) patron requestedTTY pay phone
.
Public TTY Phone? ASCLA Guidelines
3.2.2 A text telephone (TTY) should be available at each main service point, for example each reference desk, in each library. TTYs must be provided for use by deaf staff members and at least one TTY should be available in each library for public use.
American Library Association. Association of Specialized and Cooperative Library Agencies. Guidelines for Library and Information Services for the American Deaf Community (2002)http://www.ala.org/ascla/lssps/guidelinesweb.html
.
Unlicensed Service Dog?
No licenses required for service animals - ADA II and III
Local licensing laws do not apply
Stanford Free Library (NY)patron needed service dog
Bill Lann Lee, Dept. of Justice 1998http://www.usdoj.gov/crt/foia/tal748.txt
.
Service Dog FAQ
Service animal?Trained to help person with disability
Where can it go? Anywhere patron can go
Is library responsible? No responsibility to take care of dog
What if dog is dangerous? May exclude animal if direct threat to health or safety based on that particular animal
DOJ Service Animals FAQ at:http://www.usdoj.gov/crt/ada/qasrvc.htm
.
Overview of Federal Laws
Architectural Barriers Act (1968) Buildings using federal funds must comply with federal accessibility standards 42 U.S.C. Sects. 4151 et seq.
Rehabilitation Act Sect. 504 (1973)Prohibits discrimination in programs receiving federal funds; Regulations are specific than Title II, and include requirements for colleges and universities 29 U.S.C. Sect. 794
Americans with Disabilities Act (1990)42 U.S.C. Sects. 12101 et seq.
Telecommunications Act of 1996Requires public and private to provide communications in accessible formats 47 U.S.C. Sect. 255, 251(a)(2)
.
ADA Applies to State Library Agencies… For Now
TREND TOWARDS STATE IMMUNITY FROM FEDERAL CIVIL RIGHTS LAWS
Age Discrimination Employment Act (ADEA) -state government immune
Kimel v. Florida Bd. of Regents (2000)
ADA Employment–state government immune from $ damages
Univ. of Alabama v. Garrett (2001)
ADA Title II – case scheduled before Supreme Court March 2003 –disability advocates persuaded California to withdraw its appeal at last minute
Medical Board of California v. Hason
.
ADA applies to California State Library Agencies
AB 677 (2001)
Amended California Govt Code Requires the state to comply with the same nondiscriminatory obligations that apply to its political subdivisions, contractors and other recipients of state financial assistance.
Cal. Gov. Code §11135; response to University of Alabama v. Garrett, 531 U.S. 356 (2001).
.
California LawUnruh Civil Rights Act
Cal. Civ. Code, Sect. 51Blind and Other Physically Disabled Persons
Act Cal. Civ. Code Sect. 54
Unfair Competition LawCal. Bus. Prof. Code Sect. 17203
FacilitiesPublic funds
Cal. Gov. Code, Sect. 4450 et seq.
Private funds (facilities open to the public)Cal. Health & Safety Code, Sect. 19955 et seq.
http://www.dsa.dgs.ca.gov/UniversalDesign/
mm
.
Sect. 508: Electronic Access
Rehabilitation Act Sect. 508
require that electronic and information technology purchased or used by federal agencies must be accessible for use by persons with disabilities (1998)
applicable to the states though
Assistive Technology Act of 1998
29 U.S.C. § 3002
.
Americans with Disabilities ActPublic vs. Private Libraries
Title IIState and Local Govt
(public ownership)
Title III Public accommodations (Private ownership)
public libraries, public schools, public universities
Most private libraries, private schools, private universities
.
ADA StandardsPublic vs. Private Libraries
Title IIState and Local Govt
Title III Public accommodations
Dual standard based on date of facility: Facility access orProgram access
Remove barriers when “readily achievable”easily accomplishable and able to be carried out without much difficulty or expense.
ADAAG or UFAS standard ADAAG standard (see handout)
.
Must Branches be Accessible?
Three branches inaccessible – all built before 1992
and no adult programs are being but children's crafts programs and storytimes
Attleboro Public Library (MA), 4 NDLR (LRP) 106 (1993)
.
Orangeburg Library Failed in These ADA Requirements:
disseminate information to patrons about ADA protections
28 C.F.R. Section 35.106
designate ADA Coordinator 28 C.F.R. Section 35.107(a)
adopt grievance procedures for ADA complaints
28 C.F.R. Section 35.107(b)
Orangeburg County Library (South Carolina), 6 NDLR (LRP) 233 (1994)
.
Access to Information Cases
Both Title II and Title III libraries
must ensure effective communication to patrons, providing auxiliary aids and services.
Both must provide reasonable modifications for patrons unless it would create an undue burden or a fundamental alteration.
.
Case: Student Wanted to Use Library’s Special Collections In Another Location
Student with bronchial asthma requested materials in room with open window without carpeting
OCR-student was not “handicapped person” under Sect. 504; stable
University not obligated to alter special collection rules
Kent State University, 1 NDLR (LRP) 33 (1990)
.
Case: Student Wanted to Use Library’s Special Collections In Another Location
Student with bronchial asthma requested materials in room with open window without carpeting
OCR-student was not “handicapped person” under Sect. 504; stable
University not obligated to alter special collection rules
Kent State University, 1 NDLR (LRP) 33 (1990)
Qualified Individual
with Disability?
NO
Case by case –next person with asthma MIGHT meet this hurdle
.
Patron with Mental Impairment Limited to One ILL per Week
Sec 504 claimPatron made 1-20 requests
per dayLibrary board limited him
to one per week Office for Civil Rights:
burdensome effect on other services
Library won
Caldwell Public Library (OH), 4 NDLR (LRP) 162 (1991)
.
Patron with Mental Impairment Limited to One ILL per Week
Sec 504 claimPatron made 1-20 requests
per dayLibrary board limited him
to one per week Office for Civil Rights:
burdensome effect on other services
Library won
Caldwell Public Library (OH), 4 NDLR (LRP) 162 (1991)
Undue Burden
.
“Digital Accessibility”
• User doesn’t rely on sole sense to receive information
• Prime directive: Separate CONTENT from FORM
• If presented visually, present it in audible or tactile format
.
Does the ADA apply to digital resources online databases
and web sites?
Yes. The ADA applies to the information and services in libraries, just as it applies to the physical buildings.
Section 508 sets electronic information technology guidelines, both in creating and purchasing electronic information.
.
Sect. 508: Electronic Access
Rehabilitation Act Sect. 508
require that electronic and information technology purchased or used by federal agencies must be accessible for use by persons with disabilities (1998)
applicable to the states though
Assistive Technology Act of 1998
29 U.S.C. § 3002
.
Web Content Advisory Guidelines
Examples• Priority One - use ALT tag for images(otherwise its "[IMAGE]" to screenreader)
• Priority Two – identify target for links
• Priority Three – keyboard shortcuts
http://www.w3.org/TR/WAI-WEBCONTENT
.
OCR Letter: Cal State LA(April 1997)
– Blind students claimed library services provided to others during semester break inaccessible
– Analogy: existing construction vs. new construction and renovations
– Ad hoc to approach IT access resulted in denial of access – the University’s method of administration resulted in discrimination
California State University – Los Angeles. Complaint No. 09-97-2002199 NDLR (LRP) LEXIS 525 (April 7, 1997)
.
Are Public Universities and Colleges Held to the Same Standards
as Public Libraries?
OCR – university library purpose is to enhance curricula
May not condition access to microfiche based on academic need if nondisabled students have access
California State University – Los Angeles. Complaint No. 09-97-2002199 NDLR (LRP) LEXIS 525 (April 7, 1997)
.
Purchasing Choices
At a minimum, a public entity has a duty to solve barriers to information access that the public entity's purchasing choices create
California State University – Los Angeles. Complaint No. 09-97-2002199 NDLR (LRP) LEXIS 525 (April 7, 1997)
.
Library Hi Tech February 1, 2002
• 28 articles on electronic resources and accessibility – from websites to databases to screen readers
»Available through Ebscohost
.
California Community Colleges Chancellor’s Office
Suggests vendor contract language:
"Vendor hereby warrants that the products or services to be provided under this agreement comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention. Vendor further agrees to indemnify and hold harmless the __________ Community College District, the Chancellor's Office of the California Community Colleges, and any California community college using the vendor's products or services from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this agreement."
CA Community Colleges Chancellor's Office, Legal Opinion M 01-17http://www.icdri.org/legal/Ccommunity.htm
.
Public Libraries and Patron Preferences
“In determining what type of auxiliary aid and services is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.”
– 28 CFR 35.160(b)(2)
.
Public Libraries and Patron Preferences: Analysis
Preferences need not be honored if the library can demonstrate that:
another effective means of communication exists;
the preference would result in a fundamental alteration of the program;
or
the preference would result in undue financial and administrative burdens
-- Analysis, 28 CFR 35.160(b)(2)
.
Title III (Private) and Websites
Despite overwhelming arguments to the contrary, first court case on issue says website is not a concrete place of accommodation
So ADA doesn’t apply
Access Now v. Southwest Airlines, 227 F. Supp. 2d 1312 (SD Fla. 2002)
.
ACCESS CHECKERS
Bobbyhttp://www.cast.org/bobby/
TIdyhttp://www.w3.org/People/Raggett/tidy
Tomhttp://lunch.ncsa.uiuc.edu/tom/
.
Summary
Both Title II and Title III libraries
must ensure effective communication to patrons, providing auxiliary aids and services.
Both must provide reasonable modifications for patrons unless it would create an undue burden or a fundamental alteration.