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| **Comments by: Access ADA, Coordinator**                              |
|                                                                       |
| **Washington State Courts**                                           |
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| +--------------------------------+--------------------------------+   |
| | Technology is changing and     | **Auxiliary aids and services  |   |
| | will continue to change. Often | includes**                     |   |
| | the newest technology is not   |                                |   |
| | only more effective, but it is | -   Qualified interpreters,    |   |
| | less costly. A paragraph       |     notetakers ,               |   |
| | should be added that           |     computer-aided             |   |
| | encourages new technologies as |     transcription services,    |   |
| | they become available.         |     written materials,         |   |
| |                                |     exchange of written notes, |   |
| | The term "qualified            |     telephone handset          |   |
| | interpreters" should include   |     amplifiers, assistive      |   |
| | "video interpreting services   |     listening devices,         |   |
| | (VIS)" as follows:             |     assistive listening        |   |
| |                                |     systems, telephones        |   |
| | "Qualified interpreters on     |     compatible with hearing    |   |
| | site or via video interpreting |     aids, closed caption       |   |
| | services (VIS) . ."            |     decoders, open and closed  |   |
| |                                |     captioning, text           |   |
| | The term "computer-aided       |     telephones (TTYs),         |   |
| | transcription services" should |     videotext displays, video  |   |
| | be changed to "computer aided  |     interpreting services      |   |
| | real-time transcription        |     (VIS), accessible          |   |
| | services" to ensure the        |     electronic and information |   |
| | provision of simultaneous, not |     technology, or other       |   |
| | after-the-fact transcription.  |     effective methods of       |   |
| |                                |     making orally delivered    |   |
| | "Exchange of written notes" as |     information available to   |   |
| | an example of auxiliary aids   |     individuals who are deaf   |   |
| | or services is a problem.      |     or hard of hearing.        |   |
| | Using notes for communication  |                                |   |
| | should be kept to a minimum.   | -   Qualified readers, taped   |   |
| |                                |     texts, audio recordings,   |   |
| | In a hospital I experienced a  |     brailled materials and     |   |
| | situation where an interpreter |     displays, screen reader    |   |
| | was not provided for the       |     software, magnification    |   |
| | pharmacist or Doctors          |     software, optical readers, |   |
| | instruction for home care,     |     secondary auditory         |   |
| | every one used notes, but an   |     programs (SAP), large      |   |
| | interpreter was provided to    |     print materials,           |   |
| | explain the bill.              |     accessible electronic and  |   |
| |                                |     information technology, or |   |
| | The term "text telephones      |     other effective methods of |   |
| | (TTYs)" should be changed to   |     making visually delivered  |   |
| | "voice, text, and video-based  |     materials available to     |   |
| | telecommunications products    |     individuals who are blind  |   |
| | and systems, including TTYs,   |     or have low vision;        |   |
| | videophones, and captioned     |                                |   |
| | telephonest or equally         |                                |   |
| | effective telecommunications   |                                |   |
| | systems." This language is     |                                |   |
| | consistent with § 35.161.      |                                |   |
| | Telecommunications systems     |                                |   |
| | that enable communication in   |                                |   |
| | multiple modes must be         |                                |   |
| | included as auxiliary aids.    |                                |   |
| |                                |                                |   |
| | It is especially important for |                                |   |
| | there to be specific           |                                |   |
| | regulatory language because    |                                |   |
| | many businesses are not        |                                |   |
| | accepting calls made through a |                                |   |
| | relay service.                 |                                |   |
| |                                |                                |   |
| | The term "orally" should be    |                                |   |
| | changed to "aurally" to be     |                                |   |
| | consistent with the definition |                                |   |
| | of "auxiliary aids and         |                                |   |
| | services" in Title III and as  |                                |   |
| | originally intended to include |                                |   |
| | more than just information     |                                |   |
| | conveyed by human speech.      |                                |   |
| +--------------------------------+--------------------------------+   |
| | While the addition of examples | ***Qualified interpreter***    |   |
| | and descriptions of the        | means an interpreter who is    |   |
| | variety of available           | able to interpret effectively, |   |
| | interpreters is helpful,       | accurately, and impartially    |   |
| | further comment, particularly  | using any necessary            |   |
| | from providers and             | specialized vocabulary.        |   |
| | professional associations, is  | Qualified interpreters         |   |
| | needed to ensure appropriate   | include, for example, sign     |   |
| | terminology is used in this    | language interpreters, oral    |   |
| | section. For example, oral and | interpreters, and cued speech  |   |
| | cued speech interpreters may   | interpreters. Oral interpreter |   |
| | be referred to as              | means an interpreter who has   |   |
| | transliterators, rather than   | special skill and training to  |   |
| | interpreters. In addition,     | mouth a speaker\'s words       |   |
| | cued speech uses " handshapes  | silently for individuals who   |   |
| | and placements in combination  | are deaf or hard of hearing.   |   |
| | with the mouth movements of    | Cued speech interpreter means  |   |
| | speech to make the phonemes of | an interpreter who functions   |   |
| | a spoken language look         | in the same manner as an oral  |   |
| | different from each other,"    | interpreter except that he or  |   |
| | rather than "a hand code."     | she uses a hand code or cue,   |   |
| |                                | to represent each speech       |   |
| | DOJ should also include other  | sound.                         |   |
| | examples and descriptions,     |                                |   |
| | such as tactile interpreters   |                                |   |
| | (to communicate with people    |                                |   |
| | who are deaf-blind), certified |                                |   |
| | deaf interpreters (CDIs) (to   |                                |   |
| | meet special communication     |                                |   |
| | challenges), and               |                                |   |
| | speech-to-speech interpreters  |                                |   |
| | (to communicate with people    |                                |   |
| | with speech disabilities).     |                                |   |
| |                                |                                |   |
| | The 1991 Standards included a  |                                |   |
| | requirement that a qualified   |                                |   |
| | interpreter be capable of      |                                |   |
| | interpreting effectively,      |                                |   |
| | accurately, and impartially    |                                |   |
| | \"both receptively and         |                                |   |
| | expressively\". The proposed   |                                |   |
| | definition removes the         |                                |   |
| | \"receptively and              |                                |   |
| | expressively\" language. This  |                                |   |
| | language should be restored to |                                |   |
| | make absolutely certain that   |                                |   |
| | interpreters can both          |                                |   |
| | understand what a person with  |                                |   |
| | a disability says and convey   |                                |   |
| | information back from          |                                |   |
| | individuals seeking to         |                                |   |
| | communicate with that person.  |                                |   |
| | These are two very different   |                                |   |
| | skill sets, both of which are  |                                |   |
| | equally important in achieving |                                |   |
| | effective communication.       |                                |   |
| | Otherwise stated, a qualified  |                                |   |
| | sign language interpreter must |                                |   |
| | be able to interpret from      |                                |   |
| | spoken English to sign         |                                |   |
| | language and from sign         |                                |   |
| | language to spoken English.    |                                |   |
| +--------------------------------+--------------------------------+   |
| | The Department should add to   | ***Qualified reader*** means a |   |
| | this definition that the       | person who is able to read     |   |
| | reader \"will follow the       | effectively, accurately, and   |   |
| | directions of the person for   | impartially using any          |   |
| | whom he or she is reading.\"   | necessary vocabulary.          |   |
| +--------------------------------+--------------------------------+   |
| | ***Video interpreting services | ***Video interpreting services |   |
| | (VIS)*** DOJ should note that  | (VIS)*** means an interpreting |   |
| | VIS is also commonly called    | service that uses video        |   |
| | "video remote interpreting     | conference technology over     |   |
| | (VRI) services."               | high speed internet lines. VIS |   |
| |                                | generally consists of a        |   |
| | DOJ needs to make clear that   | videophone, monitors, cameras, |   |
| | VIS typically involves         | a high speed Internet          |   |
| | communication between two or   | connection, and an interpreter |   |
| | more people at the same        |                                |   |
| | location not between two or    |                                |   |
| | more people by phone, this is  |                                |   |
| | done for a fee, which is paid  |                                |   |
| | by the covered entity. Video   |                                |   |
| | relay service (VRS), which is  |                                |   |
| | a means of achieving           |                                |   |
| | functionally equivalent        |                                |   |
| | telephone services. VRS is     |                                |   |
| | funded through the Interstate  |                                |   |
| | Telecommunications Relay       |                                |   |
| | Service Fund administered      |                                |   |
| | through the Federal            |                                |   |
| | Communications Commission. VRS |                                |   |
| | users, including covered       |                                |   |
| | entities, are not charged a    |                                |   |
| | fee for the use of VRS.        |                                |   |
| +--------------------------------+--------------------------------+   |
| | **Video Interpreting           | (ADA Title II)   **§           |   |
| | Services**                     | 35.150(d)*Video interpreting   |   |
| |                                | services (VIS).*** A public    |   |
| | The Department should make     | entity that chooses to provide |   |
| | clear that VIS is not a        | qualified interpreters via VIS |   |
| | complete alternative to        | shall ensure that it           |   |
| | on-site interpreting. Even if  | provides--- High quality,      |   |
| | a public entity has VIS        | clear, real-time, full-motion  |   |
| | capability, there are certain  | video and audio over a         |   |
| | situations (e.g. multi-person  | dedicated high speed Internet  |   |
| | conversations, dynamic         | connection; A clear,           |   |
| | situations, or physically      | sufficiently large, and        |   |
| | difficult situations (a person | sharply delineated picture of  |   |
| | is lying in a hospital bed or  | the interpreter\'s head and    |   |
| | a person who is deaf-blind)    | the participating              |   |
| | where VIS may not be           | individual\'s head, arms,      |   |
| | appropriate or effective. In   | hands, and fingers, regardless |   |
| | these situations an on-site    | of his body position; Clear    |   |
| | interpreter is necessary.      | transmission of voices; and    |   |
| |                                | Training to nontechnicians so  |   |
| | Currently, VIS may be          | that they may quickly and      |   |
| | effective when used as an      | efficiently set up and operate |   |
| | interim measure in emergency   | the VIS. (ADA Title III) **§   |   |
| | situations until an            | 36.303(f)*Video interpreting   |   |
| | interpreter arrives on site,   | services (VIS*).** A public    |   |
| | or for certain scheduled,      | accommodation that chooses to  |   |
| | non-complex, relatively brief  | provide qualified interpreters |   |
| | communication events. However, | via VIS shall ensure that it   |   |
| | even minor delays in getting a | provides\-- High quality,      |   |
| | VIS system turned on with a    | clear, real-time, full-motion  |   |
| | qualified interpreter ready to | video and audio over a         |   |
| | provide services can make VIS  | dedicated high-speed internet  |   |
| | unavailable and, therefore,    | connection; A clear,           |   |
| | ineffective for many           | sufficiently large, and        |   |
| | unscheduled communication      | sharply delineated picture of  |   |
| | events (i.e., doctor's rounds  | the interpreter\'s head and    |   |
| | in hospitals) and an on-site   | the participating              |   |
| | interpreter may be necessary.  | individual\'s head, arms,      |   |
| |                                | hands, and fingers, regardless |   |
| |                                | of his body position; Clear    |   |
| |                                | transmission of voices; and    |   |
| |                                |                                |   |
| |                                | Training to non-technicians so |   |
| |                                | that they may quickly and      |   |
| |                                | efficiently set up and operate |   |
| |                                | the VIS.                       |   |
| +--------------------------------+--------------------------------+   |
| | **Title                        | **ADA Title II                 |   |
| | II Telecommunications**        | Telecommunications             |   |
| |                                | Regulation**                   |   |
| +--------------------------------+--------------------------------+   |
| | Other available types of       | **§35.161 --                   |   |
| | equipment are now in far more  | Telecommunications (d)** Where |   |
| | use than TTYs such as:         | a public entity communicates   |   |
| | videophones, captioned         | by telephone with applicants   |   |
| | telephones, voice carryover    | and beneficiaries, text        |   |
| | and hearing carryover phones,  | telephones (TTYs) or equally   |   |
| | and pagers and other computer  | effective telecommunications   |   |
| | devices that send text or IM   | systems shall be used to       |   |
| | messages. Mentioning only TTYs | communicate with individuals   |   |
| | has had a detrimental effect.  | who are deaf or hard of        |   |
| | When facilities see only this  | hearing or have speech         |   |
| | listed, they fail to utilize   | impairments. **(e)** When a    |   |
| | other devices that are far     | public entity uses an          |   |
| | more useful, practical, and    | automated attendant system for |   |
| | actually in use by people who  | receiving and directing        |   |
| | are deaf, hard of hearing or   | incoming telephone calls, that |   |
| | have speech disabilities and   | automated attendant system     |   |
| | are less cumbersome.           | must provide effective         |   |
| |                                | communication with individuals |   |
| | Add to \"text telephones       | using auxiliary aids and       |   |
| | (TTYs) **or equally effective  | services, including TTYs or a  |   |
| | telecommunications systems\"** | telecommunications relay       |   |
| | add "such as: **voice, text,   | system.                        |   |
| | and video-based                |                                |   |
| | telecommunications products    | **(f)** A public entity shall  |   |
| | and systems, videophones,      | respond to telephone calls     |   |
| | captioned telephones or any    | from a telecommunications      |   |
| | new technology that improves   | relay service established      |   |
| | communication to** individuals | under title IV of the          |   |
| | who are deaf or hard of        | Americans with Disabilities    |   |
| | hearing or have speech         | Act in the same manner that it |   |
| | impairments.                   | responds to other telephone    |   |
| |                                | calls.                         |   |
| | It would be great to have a    |                                |   |
| | very clear sentence that       |                                |   |
| | states "no covered entity may  |                                |   |
| | reject or block any telephone  |                                |   |
| | call made through              |                                |   |
| | telecommunications relay       |                                |   |
| | services, and that all covered |                                |   |
| | entities must treat calls made |                                |   |
| | over TRS in a manner that is   |                                |   |
| | identical to calls made        |                                |   |
| | directly.                      |                                |   |
| |                                |                                |   |
| | It should be clarified that    |                                |   |
| | covered entities may have to   |                                |   |
| | provide a videophone and       |                                |   |
| | broadband Internet access to   |                                |   |
| | enable their employees,        |                                |   |
| | participants, beneficiaries,   |                                |   |
| | etc. to utilize VRS and to     |                                |   |
| | make "point-to-point" video    |                                |   |
| | calls, which allow individuals |                                |   |
| | who are deaf and hard of       |                                |   |
| | hearing to communicate         |                                |   |
| | directly with each other over  |                                |   |
| | the Internet.                  |                                |   |
| +--------------------------------+--------------------------------+   |
| | **Addition of "Companions"**   | **Title II Regulations --      |   |
| |                                | Communications**               |   |
| +--------------------------------+--------------------------------+   |
| | The placement of the term      | **§35.160(a)(1)** A public     |   |
| | "companions" in section (a)(1) | entity shall take appropriate  |   |
| | should be changed as follows:  | steps to ensure that           |   |
| |                                | communications with            |   |
| | "(a)(1) A public entity shall  | applicants, participants,      |   |
| | take appropriate steps to      | member of the public with      |   |
| | ensure that communications     | disabilities, and companions   |   |
| | with applicants, participants, | thereof are as effective as    |   |
| | companions, and members of the | communications with others.    |   |
| | public with disabilities are   |                                |   |
| | as effective as communications | **(a)(2)** For purposes of     |   |
| | with others."                  | this section, companion means  |   |
| |                                | a family member, friend, or    |   |
| | Further, section (a)(2) should | associate of a program         |   |
| | be changed as follows to       | participant who, along with    |   |
| | provide clarity:               | the participant, is an         |   |
| |                                | appropriate person with whom   |   |
| | **(a)(2)** For purposes of     | the public entity should       |   |
| | this section, companion with a | communicate.                   |   |
| | disability means a family      |                                |   |
| | member, friend, or associate   |                                |   |
| | of a program applicant or      |                                |   |
| | participant with or without a  |                                |   |
| | disability, who, along with    |                                |   |
| | the applicant or participant,  |                                |   |
| | is an appropriate person with  |                                |   |
| | whom the public entity would   |                                |   |
| | otherwise communicate.         |                                |   |
| +--------------------------------+--------------------------------+   |
| | It should also be noted that   | **§35.160(b)** A public entity |   |
| | an auxiliary aid or service    | shall furnish appropriate      |   |
| | may need to be provided for a  | auxiliary aids and services    |   |
| | companion even when the        | where necessary to afford      |   |
| | participant is not physically  | individuals with disabilities  |   |
| | present with the companion     | and their companions, who are  |   |
| | such as in the case of a deaf  | individuals with disabilities, |   |
| | parent attending               | an equal opportunity to        |   |
| | parent-teacher conferences,    | participate in, and enjoy the  |   |
| | when the hearing child is not  | benefits of, a service,        |   |
| | present at the conference.     | program, or activity conducted |   |
| |                                | by a public entity.            |   |
| | We strongly **oppose the       |                                |   |
| | deletion of section            | **§35.160(b)(2) \[Deleted\]**  |   |
| | 35.160(b)(2).** Section (b)(2) |                                |   |
| | of the current regulation,     |                                |   |
| | quoted below, is critical to   |                                |   |
| | ensuring effective             |                                |   |
| | communication:                 |                                |   |
| |                                |                                |   |
| | *(b)(2) In determining what    |                                |   |
| | type of auxiliary aid and      |                                |   |
| | service is necessary, a public |                                |   |
| | entity shall give primary      |                                |   |
| | consideration to the requests  |                                |   |
| | of the individual with         |                                |   |
| | disabilities* .                |                                |   |
| |                                |                                |   |
| | There is considerable          |                                |   |
| | misunderstanding on the part   |                                |   |
| | of public entities regarding   |                                |   |
| | how to ensure that             |                                |   |
| | communication is effective.    |                                |   |
| | Reference to the person with a |                                |   |
| | disability's preference        |                                |   |
| | ensures that the appropriate   |                                |   |
| | auxiliary aid or service is    |                                |   |
| | used. This is because the      |                                |   |
| | person with a disability will  |                                |   |
| | be well versed in what works   |                                |   |
| | for him or her in a given      |                                |   |
| | situation. For example, in     |                                |   |
| | *Duvall v. County of Kitsap*,  |                                |   |
| | 260 F.3d 1124 (9th Cir. 2001), |                                |   |
| | while the court provided       |                                |   |
| | certain accommodations, these  |                                |   |
| | accommodations were not        |                                |   |
| | effective for the plaintiff.   |                                |   |
| | As a result, he was denied     |                                |   |
| | effective participation in his |                                |   |
| | trial. This case is a classic  |                                |   |
| | example of what can happen     |                                |   |
| | when appropriate               |                                |   |
| | accommodations -- which are    |                                |   |
| | typically those requested by   |                                |   |
| | the person with a disability   |                                |   |
| | -- are not provided.           |                                |   |
| |                                |                                |   |
| | There is often lack of         |                                |   |
| | understanding of what an       |                                |   |
| | individual needs, especially   |                                |   |
| | in the case of people who are  |                                |   |
| | deaf or hard of hearing        |                                |   |
| | because of the diversity of    |                                |   |
| | challenges presented by a wide |                                |   |
| | range of communication         |                                |   |
| | abilities, circumstances and   |                                |   |
| | environments. Further, the     |                                |   |
| | array of accessibility         |                                |   |
| | options, including many        |                                |   |
| | options involving new          |                                |   |
| | technologies, has proliferated |                                |   |
| | since the passage of the ADA,  |                                |   |
| | making deference to the user's |                                |   |
| | preference all the more        |                                |   |
| | important.                     |                                |   |
| |                                |                                |   |
| | The proposed regulation should |                                |   |
| | include language that the aid  |                                |   |
| | provided should be the one     |                                |   |
| | requested, absent undue burden |                                |   |
| | or fundamental alteration.     |                                |   |
| |                                |                                |   |
| | In addition, we recommend      |                                |   |
| | including a mandate to ensure  |                                |   |
| | that information provided in   |                                |   |
| | alternate format materials is  |                                |   |
| | provided in a timely manner,   |                                |   |
| | and that the information       |                                |   |
| | provided is accurate.          |                                |   |
| |                                |                                |   |
| | Recently, Telecommunications   |                                |   |
| | and Electronic and Information |                                |   |
| | Technology Advisory Committee  |                                |   |
| | (TEITAC) of the Access Board   |                                |   |
| | proposed that information      |                                |   |
| | provided in alternate formats, |                                |   |
| | or otherwise via accessible    |                                |   |
| | means be "as timely, accurate, |                                |   |
| | complete and efficient" as     |                                |   |
| | information made available to  |                                |   |
| | individuals who do not have    |                                |   |
| | disabilities. The same         |                                |   |
| | standard should apply here.    |                                |   |
| +--------------------------------+--------------------------------+   |
| | **Section 35.160(c)(1)** is a  | **§35.160(c)(1)** A public     |   |
| | good clarification of existing | entity shall not require an    |   |
| | law.                           | individual with a disability   |   |
| |                                | to bring another individual to |   |
| |                                | interpret for him or her.      |   |
| +--------------------------------+--------------------------------+   |
| | **Section 35.160(c)(2)**       | **§35.160 (c)(2)** A public    |   |
| | implicates some of the most    | entity shall not rely on an    |   |
| | difficult situations related   | individual accompanying an     |   |
| | to these requirements. It also | individual with a disability   |   |
| | appears to merge three         | to interpret or facilitate     |   |
| | distinct issues that might be  | communication, except in an    |   |
| | better dealt with in separate  | emergency involving a threat   |   |
| | regulations. These are (1)     | to public safety or welfare,   |   |
| | discrete emergency situations  | or unless the individual with  |   |
| | (e.g. arrests, car accidents), | a disability specifically      |   |
| | (2) large scale emergency or   | requests it, the accompanying  |   |
| | public safety threats (e.g.    | individual agrees to provide   |   |
| | earthquakes, wild fires,       | the assistance, and reliance   |   |
| | terrorist threats), and (3)    | on that individual for this    |   |
| | situations when a person might | assistance is appropriate      |   |
| | prefer to use a companion to   | under the circumstances.       |   |
| | interpret.                     |                                |   |
| |                                |                                |   |
| | It should be clarified that in |                                |   |
| | all situations (including      |                                |   |
| | emergency situations) the      |                                |   |
| | obligation to provide          |                                |   |
| | auxiliary aids and services    |                                |   |
| | continues, such that after the |                                |   |
| | emergency subsides a public    |                                |   |
| | entity may have to obtain      |                                |   |
| | auxiliary aids or services.    |                                |   |
| | For example, after an arrest   |                                |   |
| | scene is stabilized and        |                                |   |
| | secured, a law enforcement     |                                |   |
| | agency must then attempt to    |                                |   |
| | obtain interpreters or other   |                                |   |
| | such aids even if that was     |                                |   |
| | impossible to do when the      |                                |   |
| | situation was not yet          |                                |   |
| | controlled.                    |                                |   |
| |                                |                                |   |
| | Many hospitals have            |                                |   |
| | contractual arrangements with  |                                |   |
| | interpreter agencies that      |                                |   |
| | ensure the provision of        |                                |   |
| | interpreters on very short     |                                |   |
| | notice. For example, in        |                                |   |
| | pending childbirth situations, |                                |   |
| | an interpreter is assigned to  |                                |   |
| | a mom-to-be and remains "on    |                                |   |
| | call" with a pager, allowing   |                                |   |
| | the interpreter to arrive at a |                                |   |
| | hospital in minutes. Indeed,   |                                |   |
| | in a sense, every birth can be |                                |   |
| | an emergency situation. It is  |                                |   |
| | important that hospitals, and  |                                |   |
| | similar entities, do not give  |                                |   |
| | up such contractual            |                                |   |
| | arrangements by arguing that   |                                |   |
| | they are no longer required to |                                |   |
| | make efforts to provide        |                                |   |
| | interpreters in these          |                                |   |
| | situations.                    |                                |   |
| |                                |                                |   |
| | When communication is          |                                |   |
| | essential a separate           |                                |   |
| | regulation dealing with a      |                                |   |
| | public entity's obligation to  |                                |   |
| | provide timely and effective   |                                |   |
| | communication in public        |                                |   |
| | emergencies. Again,            |                                |   |
| | pre-arrangements, for example  |                                |   |
| | with CART -- computer-aided    |                                |   |
| | real-time transcription        |                                |   |
| | services -- may help in this   |                                |   |
| | regard (if computers are       |                                |   |
| | available, this may be an      |                                |   |
| | effective means of providing   |                                |   |
| | communication in an emergency  |                                |   |
| | for people who are hard of     |                                |   |
| | hearing and *temporarily* for  |                                |   |
| | people who are deaf and use    |                                |   |
| | sign language).                |                                |   |
| |                                |                                |   |
| | The existence of an emergency  |                                |   |
| | should not be an excuse not to |                                |   |
| | provide auxiliary aids or      |                                |   |
| | services. For example, a       |                                |   |
| | number of public entities have |                                |   |
| | begun using text alerts to     |                                |   |
| | reach a larger proportion of   |                                |   |
| | the population in times of     |                                |   |
| | emergency. Text alerts is      |                                |   |
| | merely an example of how       |                                |   |
| | public entities can plan in    |                                |   |
| | advance for emergencies.       |                                |   |
| |                                |                                |   |
| | As to the third category, we   |                                |   |
| | recommend that this section be |                                |   |
| | clarified to include that in   |                                |   |
| | non-emergency situations, an   |                                |   |
| | accompanying individual may    |                                |   |
| | not interpret for the person   |                                |   |
| | with a disability until the    |                                |   |
| | person with a disability has   |                                |   |
| | been informed that he or she   |                                |   |
| | has a right to request and     |                                |   |
| | receive auxiliary aids and     |                                |   |
| | services. It also must be      |                                |   |
| | absolutely clear that children |                                |   |
| | are not to be used for         |                                |   |
| | interpreting purposes. It is   |                                |   |
| | not uncommon for public        |                                |   |
| | entities to use children as    |                                |   |
| | interpreters, including in     |                                |   |
| | entirely inappropriate         |                                |   |
| | settings, such as domestic     |                                |   |
| | violence investigations. This  |                                |   |
| | should be included in the      |                                |   |
| | regulation itself. This can be |                                |   |
| | incredibly damaging for the    |                                |   |
| | child, who may not feel able   |                                |   |
| | to refuse a request from a     |                                |   |
| | parent, family member, or      |                                |   |
| | others in these situations,    |                                |   |
| | and who may be asked to convey |                                |   |
| | personal and sensitive         |                                |   |
| | information about family       |                                |   |
| | members.                       |                                |   |
| +--------------------------------+--------------------------------+   |
| | **Sports Stadiums Captioning** | **Captioning Regulations**     |   |
| +--------------------------------+--------------------------------+   |
| | Captioning at sports stadiums  | (ADA Title II)   **§35.160     |   |
| | should be provided for all     | (e)*Sports stadiums.*** One    |   |
| | auditory information provided  | year after the effective date  |   |
| | on scoreboards and video       | of this regulation, sports     |   |
| | monitors.                      | stadiums that have a seating   |   |
| |                                | capacity of 25,000 or more     |   |
| |                                | shall provide captioning on    |   |
| |                                | the scoreboards and video      |   |
| |                                | monitors for safety and        |   |
| |                                | emergency information. (ADA    |   |
| |                                | Title III) **§36.303(g)*Sports |   |
| |                                | stadiums.*** One year after    |   |
| |                                | the effective date of this     |   |
| |                                | regulation, sports stadiums    |   |
| |                                | that have a seating capacity   |   |
| |                                | of 25,000 or more shall        |   |
| |                                | provide captioning on the      |   |
| |                                | scoreboards and video monitors |   |
| |                                | for safety and emergency       |   |
| |                                | information.                   |   |
| +--------------------------------+--------------------------------+   |
|                                                                       |
| ***DOJ ADA Title III Question 24** Should the Department require      |
| that, one year after the effective date of this regulation, public    |
| accommodations exhibit all new movies in captioned format at every    |
| showing? Is it more appropriate to require captioning less            |
| frequently? Should the requirement for captioning be tied to the      |
| conversion of movies from film to the use of a digital format? Please |
| include specifics regarding how frequently captioning should be       |
| provided.* The Department should require that public accommodations   |
| that provide entertainment services of displaying movies (movie       |
| theaters) enable the display of captions and display the captions     |
| provided for any movie at **all showings**. Availability of captions  |
| has become commonplace, with the majority of first-run movies being   |
| produced and distributed for display with captions. Yet, at the same  |
| time, less than one percent (1%) of movie showings in America today   |
| are shown with captions and there is absolutely no reason to exempt a |
| multi-billion dollar business from the requirements of the ADA.       |
| Imagine a young girl who is deaf going on her first date and she has  |
| to find the one time the movie is captioned, Would her date that is   |
| not deaf feel that this was a burden, would he ask her out again?     |
|                                                                       |
| ***DOJ ADA Title III Question 25** Should the Department require      |
| that, one year after the effective date of this revised regulation, a |
| public accommodation will exhibit all new movies with narrative       |
| description? Would it be more appropriate to require narrative        |
| description less frequently? Should the requirement for narrative     |
| description of movies be tied to the use of a digital format? If so,  |
| why? Please include specifics regarding how frequently narrative      |
| description should be provided.*                                      |
|                                                                       |
| Comments to question 24 apply equally to question 25.                 |
|                                                                       |
| ***DOJ ADA Title III Question 26 & ADA Title II Question 49** . The   |
| Department believes that requiring captioning of safety and emergency |
| information made* rd of hearing. In our experience, emergency         |
| preparedness for people with disabilities is often neglected,         |
| although it should be central in emergency planning. The technology   |
| options for providing captioning are increasingly varied, including   |
| services that provide remote captioning. There are many situations in |
| other contexts in which large facilities are required to provide      |
| critical information in visual formats, such as airports (See ADAAG,  |
| Section 10.4.1(6) (requiring airports to provide orally provided      |
| information in a visual format)).                                     |
|                                                                       |
| Most importantly, the new language of §35.160(e)and the related       |
| questions eviscerates the undue burden standard. Rather than scope    |
| the number of people that can be seated in a theater, stadium, or     |
| other venue to fall under this mandate, auxiliary aids and services   |
| must be provided unless doing so would impose an undue burden on the  |
| covered entity.                                                       |
|                                                                       |
| Moreover, this proposal should not be limited to emergency and public |
| safety information -- captioning should be required for all aurally   |
| delivered information, especially information conveyed over a public  |
| address system. Captioning should be displayed on video monitors      |
| (such as a stadium's Jumbotron) when audio information accompanies a  |
| visual display. Video monitors, when available, can also display      |
| captioning for announcements made over the public address system.     |
| When video monitors are not present or available, captioning for      |
| announcements made over the public address system should be provided  |
| on text displays, in line of sight with any related visual activity,  |
| such as a performance, game in play, or other activity. Also, given   |
| the poor acoustics in stadiums and other public venues, virtually all |
| of these individuals have difficulty distinguishing or understanding  |
| public address announcements or audio that accompanies video          |
| displayed on monitors. Indeed, even individuals with hearing in what  |
| is considered the "normal" range often cannot discern speech conveyed |
| over public address systems. Captioning would be a welcome addition   |
| for everyone, and in this particular situation will be greeted by the |
| mainstream public much like curb cuts have been welcomed throughout   |
| cities and towns, or even how closed captioning which is routinely    |
| displayed on televisions in public places such as gyms and            |
| restaurants has been welcomed. As with captioning of safety and       |
| emergency information, the provision of captioning for all aurally    |
| delivered information has been and should remain subject to the undue |
| burden standard.                                                      |
|                                                                       |
| ***DOJ ADA ADA Title III Question 27 & ADATitle II Question 50** .    |
| The Department is considering requiring captioning of safety and      |
| emergency information in sports stadiums with a capacity of 25,000 or |
| more within a year of the effective date of the regulation. Would a   |
| larger threshold, such as sports stadiums with a capacity of 50,000   |
| or more, be more appropriate or would a lower threshold, such as      |
| stadiums with a capacity of 15,000 or more, be more appropriate?* See |
| answer to 49 & 26. ***DOJ ADA ADA Title III Question 28 & ADA Title   |
| II Question 51.** If the Department adopted a requirement for         |
| captioning at sports stadiums, should there be a specific means       |
| required? That is, should it be provided through any effective means  |
| (scoreboards, line boards, handheld devices, or other means), or are  |
| there problems with some means, such as handheld devices, that should |
| eliminate them as options?*                                           |
|                                                                       |
| There are many factors which must be considered in the determination  |
| of how to display captions effectively. Further, technology changes   |
| will provide alternatives in the future which may be unknowable       |
| today. We recommend that stadiums make the determination of how to    |
| provide captioning, in consultation with caption display experts and  |
| patrons who are deaf or hard of hearing. Generally, captions should   |
| be displayed in a manner that is easily readable from virtually every |
| vantage point in a theater, stadium, or other venue. Captioning       |
| should be displayed on video monitors (such as a stadium's Jumbotron) |
| when audio information accompanies a visual display. Video monitors,  |
| when available, can also display captioning for announcements made    |
| over the public address system. When video monitors are not present   |
| or available, captioning for announcements made over the public       |
| address system should be provided on text displays, in line of sight  |
| with any related visual activity, such as a performance, game in      |
| play, or other activity.                                              |
|                                                                       |
| Currently, handheld or other individual caption display devices       |
| present significant limitations, particularly with respect to         |
| line-of-sight and lighting issues, and in venues that are outside     |
| where patrons and devices are exposed to the elements. More           |
| importantly, captioning must be presented virtually simultaneous to   |
| the audio component, particularly where such is related to a visual   |
| display or visual activity, such as a performance, game in play, or   |
| other activity. Delays in the production, transmission, and display   |
| of real-time captions can result in the loss of context and meaning   |
| of the captions, rendering them ineffective.                          |
|                                                                       |
| Regardless of how captions are provided, however, stadiums should be  |
| aware that patrons may still have other accommodation needs, and may  |
| also request assistive listening devices.                             |
|                                                                       |
| ***DOJ ADA Title III Question 29 & ADA Title II Question 52.** The    |
| Department is aware that several major stadiums that host sporting    |
| events, including National Football League football games at Fed Ex   |
| Field in Prince Georges County, Maryland, currently provide open      |
| captioning of all public address announcements, and do not limit      |
| captioning to safety and emergency information. What would be the     |
| effect of a requirement to provide captioning for patrons who are     |
| deaf or hard of hearing for game-related information (e.g.,           |
| penalties), safety and emergency information, and any other relevant  |
| announcements?*                                                       |
|                                                                       |
| Public stadiums should provide all aurally delivered information in   |
| captioned format. This is the only way for people who are deaf or     |
| hard of hearing to have access to the information and an opportunity  |
| to participate in and benefit from the program or activity that is    |
| equal to individuals without disabilities. *over the public address   |
| system in stadiums seating fewer than 25,000 has the potential of     |
| creating an undue burden for smaller entities. However, the           |
| Department requests public comment about the effect of requiring      |
| captioning of emergency announcements in all stadiums, regardless of  |
| size. Would such a request be feasible for small stadiums?*           |
|                                                                       |
| There are more than 31 million people with hearing loss in America.   |
| Given the increasing number of people who are hard of hearing, visual |
| information is critical.                                              |
|                                                                       |
| Thus, Public safety and emergency information should be provided at   |
| all venues regardless of size. This type of information is critical,  |
| but is particularly so given the increasing numbers of people who are |
| deaf or ha                                                            |
|                                                                       |
| +--------------------------------+--------------------------------+   |
| | **Comments To Specific ADAAG   | **Proposed Revision**          |   |
| | Requirements**                 |                                |   |
| +--------------------------------+--------------------------------+   |
| | The new ADAAGs need to contain | **217** **Telephones**         |   |
| | requirements that respond to   |                                |   |
| | the wide variety of            | 217.1 General. Where           |   |
| | communication methods (text,   | coin-operated public pay       |   |
| | voice or video) used by        | telephones, coinless public    |   |
| | individuals with hearing and   | pay telephones, public         |   |
| | speech disabilities to achieve | closed-circuit telephones,     |   |
| | effective communication, by    | public courtesy phones, or     |   |
| | requiring the provision of     | other types of public          |   |
| | devices using newer            | telephones are provided,       |   |
| | technologies that are now      | public telephones shall be     |   |
| | available. This might include  | provided in accordance with    |   |
| | videophones, captioned         | 217 for each type of public    |   |
| | telephones, voice carryover    | telephone provided. For        |   |
| | and hearing carryover phones,  | purposes of this section, a    |   |
| | and other successor technology | bank of telephones shall be    |   |
| | and equipment. Either          | considered to be two or more   |   |
| | individual devices that        | adjacent telephones.           |   |
| | provide multiple capabilities  |                                |   |
| | or individual devices that     |   ---------------------------  |   |
| | provide communication for each |   **Advisory 217.1 General.**  |   |
| | of these populations should be |   These requirements apply to  |   |
| | mandated. Moreover, the        |   all types of public          |   |
| | guidelines should acknowledge  |   telephones including         |   |
| | that current technologies may  |   courtesy phones at airports  |   |
| | change, and that devices that  |   and rail stations that       |   |
| | use successor technologies may |   provide a free direct        |   |
| | be needed in the future to     |   connection to hotels,        |   |
| | provide effective              |   transportation services,     |   |
| | communication.                 |   and tourist attractions.     |   |
| |                                |                                |   |
| | Section 217.4.5 regarding Rest |   ---------------------------  |   |
| | Stops, Emergency Roadside      |                                |   |
| | Stops should include call      | **217.2 Wheelchair Accessible  |   |
| | boxes in addition to public    | Telephones.** Where public     |   |
| | pay phones. Call boxes are, by | telephones are provided,       |   |
| | definition, for emergencies.   | wheelchair accessible          |   |
| | Thus, when people use them it  | telephones complying with      |   |
| | is especially important that   | 704.2 shall be provided in     |   |
| | they be able to communicate    | accordance with Table 217.2.   |   |
| | effectively with the person at |                                |   |
| | the call center. Many people   | **EXCEPTION:** Drive-up only   |   |
| | who are deaf or hard of        | public telephones shall not be |   |
| | hearing who have stopped at    | required to comply with        |   |
| | call boxes without TTYs report | 217.2.\                        |   |
| | waiting for hours, unsure if   |                                |   |
| | anyone on the other end heard  |                                |   |
| | or understood their need.      |                                |   |
| | Especially with the            | -------------- --------------- |   |
| | installation of new call       |   **217.2                      |   |
| | boxes, there is no reason not  |   Wheelchair                   |   |
| | to include TTYs or some other  |   Accessible                   |   |
| | method of ensuring effective   |   Telephones**                 |   |
| | communication.                 |                                |   |
| |                                |   **Number of    **Minimum     |   |
| | **Detention and Correctional   |   Telephones     Number of     |   |
| | Facilities:** In Washington    |   Provided**     Required**    |   |
| | State shelves and outlets are  |   **on a Floor,  **Wheelchair  |   |
| | available in most high         |   Level, or      Accessible    |   |
| | security areas.                |   Exterior       Telephones**  |   |
| |                                |   Site**                       |   |
| |                                |                                |   |
| |                                |   1 or more      1 per floor,  |   |
| |                                |   single units   level, and    |   |
| |                                |                  exterior site |   |
| |                                |                                |   |
| |                                |   1 bank         1 per floor,  |   |
| |                                |                  level, and    |   |
| |                                |                  exterior site |   |
| |                                |                                |   |
| |                                |   2 or more      1 per bank    |   |
| |                                |   banks                        |   |
| |                                |                                |   |
| |                                | -------------- --------------- |   |
| |                                |                                |   |
| |                                | **217.3 Volume Controls** .    |   |
| |                                | All public telephones shall    |   |
| |                                | have volume controls complying |   |
| |                                | with 704.3.                    |   |
| |                                |                                |   |
| |                                | **217.4** **TTYs.** TTYs       |   |
| |                                | complying with 704.4 shall be  |   |
| |                                | provided in accordance with    |   |
| |                                | 217.4.                         |   |
| |                                |                                |   |
| |                                |   ---------------------------  |   |
| |                                |   Advisory 217.4 TTYs.         |   |
| |                                |   Separate requirements are    |   |
| |                                |   provided based on the        |   |
| |                                |   number of public pay         |   |
| |                                |   telephones provided at a     |   |
| |                                |   bank of telephones, within   |   |
| |                                |   a floor, a building, or on   |   |
| |                                |   a site. In some instances    |   |
| |                                |   one TTY can be used to       |   |
| |                                |   satisfy more than one of     |   |
| |                                |   these requirements. For      |   |
| |                                |   example, a TTY required for  |   |
| |                                |   a bank can satisfy the       |   |
| |                                |   requirements for a           |   |
| |                                |   building. However, the       |   |
| |                                |   requirement for at least     |   |
| |                                |   one TTY on an exterior site  |   |
| |                                |   cannot be met by installing  |   |
| |                                |   a TTY in a bank inside a     |   |
| |                                |   building. Consideration      |   |
| |                                |   should be given to phone     |   |
| |                                |   systems that can             |   |
| |                                |   accommodate both digital     |   |
| |                                |   and analog transmissions     |   |
| |                                |   for compatibility with       |   |
| |                                |   digital and analog TTYs.     |   |
| |                                |                                |   |
| |                                |   ---------------------------  |   |
| |                                |                                |   |
| |                                | **217.4.1 Bank Requirement.**  |   |
| |                                | Where four or more public pay  |   |
| |                                | telephones are provided at a   |   |
| |                                | bank of telephones, at least   |   |
| |                                | one public TTY complying with  |   |
| |                                | 704.4 shall be provided at     |   |
| |                                | that bank.                     |   |
| |                                |                                |   |
| |                                | **EXCEPTION:** TTYs shall not  |   |
| |                                | be required at banks of        |   |
| |                                | telephones located within 200  |   |
| |                                | feet (61 m) of, and on the     |   |
| |                                | same floor as, a bank          |   |
| |                                | containing a public TTY.       |   |
| |                                |                                |   |
| |                                | **217.4.2 Floor Requirement.** |   |
| |                                | TTYs in public buildings shall |   |
| |                                | be provided in accordance with |   |
| |                                | 217.4.2.1. TTYs in private     |   |
| |                                | buildings shall be provided in |   |
| |                                | accordance with 217.4.2.2.     |   |
| |                                |                                |   |
| |                                | **217.4.2.1 Public             |   |
| |                                | Buildings.** Where at least    |   |
| |                                | one public pay telephone is    |   |
| |                                | provided on a floor of a       |   |
| |                                | public building, at least one  |   |
| |                                | public TTY shall be provided   |   |
| |                                | on that floor.                 |   |
| |                                |                                |   |
| |                                | **217.4.2.2 Private            |   |
| |                                | Buildings.** Where four or     |   |
| |                                | more public pay telephones are |   |
| |                                | provided on a floor of a       |   |
| |                                | private building, at least one |   |
| |                                | public TTY shall be provided   |   |
| |                                | on that floor.                 |   |
| |                                |                                |   |
| |                                | **217.4.3 Building             |   |
| |                                | Requirement** . TTYs in public |   |
| |                                | buildings shall be provided in |   |
| |                                | accordance with 217.4.3.1.     |   |
| |                                | TTYs in private buildings      |   |
| |                                | shall be provided in           |   |
| |                                | accordance with 217.4.3.2.     |   |
| |                                |                                |   |
| |                                | **217.4.3.1 Public Buildings** |   |
| |                                | . Where at least one public    |   |
| |                                | pay telephone is provided in a |   |
| |                                | public building, at least one  |   |
| |                                | public TTY shall be provided   |   |
| |                                | in the building. Where at      |   |
| |                                | least one public pay telephone |   |
| |                                | is provided in a public use    |   |
| |                                | area of a public building, at  |   |
| |                                | least one public TTY shall be  |   |
| |                                | provided in the public         |   |
| |                                | building in a public use area. |   |
| |                                |                                |   |
| |                                | **217.4.3.2 Private            |   |
| |                                | Buildings.** Where four or     |   |
| |                                | more public pay telephones are |   |
| |                                | provided in a private          |   |
| |                                | building, at least one public  |   |
| |                                | TTY shall be provided in the   |   |
| |                                | building.                      |   |
| |                                |                                |   |
| |                                | **217.4.4 Exterior Site        |   |
| |                                | Requirement** . Where four or  |   |
| |                                | more public pay telephones are |   |
| |                                | provided on an exterior site,  |   |
| |                                | at least one public TTY shall  |   |
| |                                | be provided on the site.       |   |
| |                                |                                |   |
| |                                | **217.4.5 Rest Stops,          |   |
| |                                | Emergency Roadside Stops, and  |   |
| |                                | Service Plazas.** Where at     |   |
| |                                | least one public pay telephone |   |
| |                                | is provided at a public rest   |   |
| |                                | stop, emergency roadside stop, |   |
| |                                | or service plaza, at least one |   |
| |                                | public TTY shall be provided.  |   |
| |                                |                                |   |
| |                                | **217.4.6 Hospitals.** Where   |   |
| |                                | at least one public pay        |   |
| |                                | telephone is provided serving  |   |
| |                                | a hospital emergency room,     |   |
| |                                | hospital recovery room, or     |   |
| |                                | hospital waiting room, at      |   |
| |                                | least one public TTY shall be  |   |
| |                                | provided at each location.     |   |
| |                                |                                |   |
| |                                | **217.4.7** **Transportation   |   |
| |                                | Facilities** . In              |   |
| |                                | transportation facilities, in  |   |
| |                                | addition to the requirements   |   |
| |                                | of 217.4.1 through 217.4.4,    |   |
| |                                | where at least one public pay  |   |
| |                                | telephone serves a particular  |   |
| |                                | entrance to a bus or rail      |   |
| |                                | facility, at least one public  |   |
| |                                | TTY shall be provided to serve |   |
| |                                | that entrance. In airports, in |   |
| |                                | addition to the requirements   |   |
| |                                | of 217.4.1 through 217.4.4,    |   |
| |                                | where four or more public pay  |   |
| |                                | telephones are located in a    |   |
| |                                | terminal outside the security  |   |
| |                                | areas, a concourse within the  |   |
| |                                | security areas, or a baggage   |   |
| |                                | claim area in a terminal, at   |   |
| |                                | least one public TTY shall be  |   |
| |                                | provided in each location.     |   |
| |                                |                                |   |
| |                                | **217.4.8** **Detention and    |   |
| |                                | Correctional Facilities** . In |   |
| |                                | detention and correctional     |   |
| |                                | facilities, where at least one |   |
| |                                | pay telephone is provided in a |   |
| |                                | secured area used only by      |   |
| |                                | detainees or inmates and       |   |
| |                                | security personnel, at least   |   |
| |                                | one TTY shall be provided in   |   |
| |                                | at least one secured area.     |   |
| |                                |                                |   |
| |                                | **217.5** **Shelves for        |   |
| |                                | Portable TTYs** . Where a bank |   |
| |                                | of telephones in the interior  |   |
| |                                | of a building consists of      |   |
| |                                | three or more public pay       |   |
| |                                | telephones, at least one       |   |
| |                                | public pay telephone at the    |   |
| |                                | bank shall be provided with a  |   |
| |                                | shelf and an electrical outlet |   |
| |                                | in accordance with 704.5.      |   |
| |                                |                                |   |
| |                                | **EXCEPTIONS:** 1. Secured     |   |
| |                                | areas of detention and         |   |
| |                                | correctional facilities where  |   |
| |                                | shelves and outlets are        |   |
| |                                | prohibited for purposes of     |   |
| |                                | security or safety shall not   |   |
| |                                | be required to comply with     |   |
| |                                | 217.5.                         |   |
| |                                |                                |   |
| |                                | 2\. The shelf and electrical   |   |
| |                                | outlet shall not be required   |   |
| |                                | at a bank of telephones with a |   |
| |                                | TTY.                           |   |
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