Yes, public and private entities do not have to provide an auxiliary aid or service if doing so would create “a fundamental alteration” in the goods or services being offered or would result in an “undue burden” which means “significant difficulty or expense.” However, they still must do their best to provide a different auxiliary aid that would ensure effective communication if at all possible. And state and local government agencies have to do a bit more explaining why not than private businesses do.
Americans with Disabilities Act (ADA)
Auxiliary aids and services are items, equipment or services that assist in effective communication between a person who has a hearing, vision or speech disability and a person who does not. There is a list of examples in the ADA, but the ADA was written in 1990. There are so many new technologies and services that have been invented and discovered since then, that the items listed in the ADA are not the only options available.
Effective communication can include:
- Hospitals that provide televisions for use by patients and hotels, motels and places of lodging that provide televisions in five or more guest rooms must provide a closed caption decoder upon request.
- Tax bills and other print communication by a state or local government must be made available to individuals with vision impairments in a form that is usable by them.
- PowerPoint presentations at city council meetings must be described to someone who can not see.
People who have communication disabilities – disabilities that affect hearing, vision, or speech — are covered. A person with a communication disability has the right to enjoy equal opportunity to participate in and benefit from all programs, services, and activities, whether they are provided by a state or local government, or they are provided by a public accommodation.
The Americans with Disabilities Act requires inclusion for all people with disabilities. Members of the general public often think of the ADA as meaning physical site access – like parking spaces and ramped entrances – but rarely recognize that some disabilities have nothing to do with structural barriers.
No. A public entity or private business is not responsible for the care and supervision of a service animal.
Public entities and private businesses have responsibilities under the ADA to furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. Description of visually presented materials is considered an auxiliary aid or service.
Material in an accessible format, such as Braille, is an example of an auxiliary aid that can be provided on an as-needed basis. However, knowing your audience is key.
Promotional and registration materials for the seminar should include and explain how the public may request a particular auxiliary aid or service. This information should include contact information and a deadline for requesting individualized accommodations to ensure there is enough time to order or produce the Braille materials.
Both the hotel and the public entity or private business renting the hotel meeting space have responsibilities under the ADA to ensure that everyone regardless of disability has an equal opportunity to enjoy the services and facilities offered by your event.
If the hotel provides temporary stages or raised platforms, they must make these temporary elements accessible to people with disabilities unless doing so would result in an undue administrative or financial burden.
A public entity or private business conducting a workshop cannot require an individual with a disability to bring another individual to interpret for him or her.