Issue link: http://psai.uberflip.com/i/827901
W EEKLY EDITION MAY 24, 2017 Question of the Week: Are ADA Portables Required if Indoor Restrooms are Available? ...continued By Karleen Kos, PSAI Executive Director Like so many things related to interpreting complex laws like the Americans with Disabilities Act (ADA), the short answer is, "it depends." First, the city, county, or state may have rules that are more stringent than the federal - level ADA. So PROs need to educate themselves about these local requirements. Assuming there is nothing on the books that is more demanding than the ADA, there are the things to consider when this question arises – even though the ADA does not specifically define a distance from a facility that mandates portable restrooms be offered. • Public accommodations like a school baseball field fall under Title III of the Americans with Disabilities Act . This requires the responsible parties to provide goods and services (including restroom access) in an "integrated setting" unless separate or different measures are required to provide equal opportunity. • Under Title III, responsible parties are obligated to eliminate barriers that deny individuals with disabilities an equal opportunity to e njoy the goods, services, and experiences (like watching a baseball game) in a place of public accommodation. • The responsible parties are also required to make "reasonable modifications" to ensure equal access to individuals with disabilities. What all th is means in practical terms is that it cannot be harder for a handicapped person to access a toilet than it is for an able - bodied person to do so. In addition, accessing the toilet cannot detract from a handicapped person's ability to enjoy the baseball ga mes in a way that is substantially different than it would be for an able - bodied person accessing a restroom. Since each scenario is different, here are the things decision - makers and PROs should think about in determining whether to offer an ADA - complia nt portable restroom at a ball field where ADA - compliant indoor facilities are also available some distance away: • Is there an ADA compliant "path of travel" from the field to the indoor restrooms? In this case, an ADA - compliant path of travel would be a h ard path free of obstructions that is wide enough for a wheel chair and a building entrance that is ADA - accessible. 28 CFR 35.151 goes into detail on the requirements of accessible paths of travel, so check it out for more information. • If there is an ADA c ompliant path of travel, how long would it take an able - bodied person to walk to the building versus how long would it take a person in a wheelchair to get there? P AGE 2 CONTINUED ON PAGE 3