A project of the Institute for Human Centered Design
April 2021 Newsletter
ADA Question of the Month
Question: I was spending the day with my grandson and I decided to take him to the only playground in town. The little guy has Cerebral Palsy and has limited motor function in his legs. Once we arrived at the playground we found there really wasn’t anything he could play on – is that right?

The answer is at the end of the newsletter.
COVID-19 Updates
U.S. Department of Justice (DOJ) Leading a Coordinated Civil Rights Response to COVID-19
Principal Deputy Assistant Attorney General for Civil Rights
Pamela S. Karlan issued a statement and a resource guide to assist Federal agencies, state and local governments, and recipients of Federal financial assistance in addressing ongoing civil rights challenges related to the COVID-19 pandemic. The DOj will vigorously enforce Federal civil rights as they continue the process of national recovery and healing. Civil rights protections and responsibilities still apply, even during emergencies. The statement details several principles to meet nondiscrimination obligations.

FEMA Provides Vaccine Resources and Information for People with Disabilities
Person getting a shot by another with gloved hands
The Biden Administration has tasked the Federal Emergency Management Agency (FEMA) with managing set-up and operations for Community Vaccination Centers across the country. “It is essential that people with disabilities have equitable vaccine access,” U.S. Access Board Executive Director Sachin Dev Pavithran remarked. “This means ensuring that strategies are developed and implemented with the integration of the needs of people with disabilities into the design of accessibility to the vaccine.”

Image source: file photo.
New COVID-19 ASL Video Resources
COVID-19 ASL Video Series Introduction video. DeAnna Swope, Deaf Advocate. Black woman with a pink top signing "It is important to take steps to protect yourself."
The Centers for Disease Control and Prevention (CDC) and the Center for Inclusive Design and Innovation (CIDI) at Georgia Tech collaborated to deliver accessible messages of critical health importance about COVID-19 to people with disabilities, their families, and caregivers. Numerous guidance materials are now provided with ASL interpretation. Some topics include: Caring for Someone Sick at Home, Close Contact with COVID-19, and Extra Precautions for Older Adults.

Image source: image courtesy of Center for Inclusive Design and Innovation.
New England ADA Center's ADA and COVID-19 Webpage
New England ADA Center IHCD Combined Graphic
People with disabilities have a right of participation in society even during a pandemic. We have collected resources to help people understand their ADA rights during the pandemic. Read more about how the ADA relates to the COVID-19 pandemic.

Regional News
Recreation, the ADA, Inclusive Programs Let’s Have Fun!
Image of children playing at a sand table one girl uses a wheelchair
Summer is approaching. Let's get outside and have fun. On Tuesday, May 11th from 10:00 a.m. to 11:30 a.m. EDT. We will discuss ADA requirements and accessibility recommendations as they apply to recreation programs, summer camps, state and municipal parks, recreation trails, COVID and mask policies, safety policies, reasonable accommodations in programs, ensuring effective communication (such as providing sign language interpreters), service animals, and more. Special guest Laila Soleimani, the Outreach Coordinator for the Universal Access Program at the Massachusetts Department of Conservation and Recreation, will discuss integrated and adaptive recreation programs and opportunities. The Zoom link will be sent one week and then one hour before the event. For questions and to request accommodations such as closed captioning, contact Kathy Gips at [email protected] or 617-695-0085. Please request accommodations by May 6.

Image source: file photo.
New Hampshire Governor's Commission Disability (GCD) Collaborates with Other New England States
New Hampshire Governor's Commission on Disability
GCD’s Lorrie Ripley (Title 1 Employment Specialist and Client Assistant Program (CAP) Ombudsman) convened a New England regional virtual meeting with leaders from Vermont, Maine, Massachusetts and Connecticut to collaborate on issues regarding employment, vocational rehabilitation, and independent living for people with disabilities. Participants discussed ideas to build greater knowledge between states to enhance their assistance programs.

Vermont Shows the Way on Labor Fairness for People with Disabilities
Stick people in multiple colors to represent inclusion and diversity
Vermont has earned international recognition for its inclusion of people with intellectual and developmental disabilities in the workforce. The state’s system — and the broad array of career and educational options it offers — is featured prominently in a report from the U.S. Commission on Civil Rights. The report further encourages a similar model be adopted at the national level. 

Image source: image courtesy of Pixabay.
A Big Change for Me: Massachusetts Pilot Program Trains People with Disabilities to Work as Cybersecurity Analysts
Aidan Burke, 2020 Cisco Cybersecurity Graduate.
The Massachusetts Rehabilitation Commission (MRC) partnered with CISCO, Holyoke Community College, and Roxbury Community College to launch the MRC Technology Academy Program. It provides individuals who are eligible to receive services through MRC, like Aidan Burke. with the opportunity to be trained in cybersecurity and earn a certificate from CISCO. The program will serve as a model for programs in states across the country.

Image source: image courtesy of MRC.
New England ADA Center is Open and Provides Webinars on the Americans with Disabilities Act
New England ADA Center IHCD Combined Graphic
During this pandemic, compliance with the ADA is even more critical whether you are a municipality, non-profit organization, state agency or business. We are open for business and here to take your ADA questions. Let us help you ensure that everyone can participate in your services. The New England ADA Center provides webinars on the Americans with Disabilities Act. Contact us at 800-949-4232 or [email protected] with your questions or to request a training.

National News
Register Now for the 2021 National ADA Symposium 
Due to the pandemic, organizers are offering a hybrid event. Registrants have the option to attend an on-site conference in Phoenix, AZ or a virtual conference or both. The Phoenix ADA Symposium is a 3-day event with multiple concurrent sessions to select from each day. It will feature Haben Girma, as the Keynote speaker. The registration deadline is June 25th. The Virtual Symposium has a flexible registration schedule. You may select either Single Day, Multi-Day or Full Conference options. The registration deadline is July 19th.

U.S. Childhood Disability Rate Up in 2019 From 2008
White woman holding a book with service animal by her side reads aloud to a group of children of different races, ethnicities, and disabilities.
"Childhood Disability in the United States: 2019" examines rates of disability among U.S. children under age 18 using the 2019 American Community Survey (ACS) and the 2008 ACS. Over three million children (4.3%) in the United States had a disability in 2019, up 0.4 percentage points since 2008. The most common disability type among children both years was cognitive difficulty, which saw one of the largest jumps in prevalence between 2008 and 2019.

Image source: image courtesy of U.S. Census Bureau.
New Fact Sheet: Addiction, Recovery and State and Local Governments
Boston City Hall
The ADA National Network has released the third factsheet in our ‘ADA, Addiction, and Recovery’ series! Learn more about how the ADA applies to state and local governments for people with addiction to alcohol and people in recovery from opioids and other drugs by visiting our newest factsheet: Addiction, Recovery and State and Local Governments.

Image source: file photo.
Appeal Court Rules that “Certification” of a Service Dog Is Not Required by Law
Service animals, yellow Labrador in foreground next to person in wheelchair. In background a small black and white Japanese Chin
On March 30, 2021, a federal appeals court ruled that persons with disabilities can train their own service dogs and do not require formal certification to attest to their service dog’s status. Allowing people to self-certify their pets after training the dogs themselves (subject to reasonable limits) promotes what the court agreed are the goals of the 1990 federal law banning discrimination against the disabled.

Image source: image courtesy of The Bark by Claudia Kawczynska.
11th Circuit’s Winn-Dixie Ruling Deepens Confusion on ADA and Digital Access
Wood and brass gavel on left and two law books on right.
Recently the 11th U.S. Circuit Court of Appeals vacated a 2017 trial-court ruling that the grocery chain violated the ADA because Juan Carlos Gil, a visually impaired customer, could not use its website and was thus denied equal access to all of Winn-Dixie’s services. The 11th Circuit concluded both that websites are not a “public accommodation” as the ADA defines the term and that Winn-Dixie’s website did not create an “intangible” barrier to its services.

Letter of Recommendation: Norman Doors
A person in a maze of 6-sided rooms with connecting doors on every side
Of all the poorly designed objects in the world, doors are perhaps the least excusable. In his iconic book, “The Design of Everyday Things,” Don Norman argues that if anything in life should be easy, it should be doors. The letter's author describes the emotional and environmental connections with doors.

Image source: illustration courtesy of NY Times by Max Guther
Participate: 2021 National Survey on Health and Disability
The Collaborative on Health Reform and Independent Living wants to know your experiences in the last year. Many people with disabilities have been impacted during the pandemic. CHRIL wants to know if the supports you receive have been affected by the safety protocols for COVID-19 virus. The data collected will serve to change policies and attempt to reduce the high-level of unmet health care needs. CHRIL asks that former participants take this year's survey to reflect any changes in the last year. Survey closes April 30th and takes 20-minutes to complete.

ADA National Network Celebrates 30 Years of Service
ADA National Network Celebrating 30 Years!
Did you know the ADA National Network is entering its 30th year of service? In 2021, we will share videos, memories, and events to celebrate 30 years of providing information, guidance, and training on the Americans with Disabilities Act (ADA). Thank you for being part of our family and community over the years!

Follow #ADANetwork30 to learn more about our anniversary events!
As always, our ADA specialists are here to help. Contact us at 1-800-949-4232 (toll-free voice or TTY) or email us at [email protected].
Answer to the ADA Question of the Month
Answer: A municipality has an obligation under the ADA to provide “program accessibility.” Programs when viewed in their entirety must be accessible to people with disabilities. Since the playground (called play areas in the 2010 ADA Standards) is the only one in town, it needs to be accessible. There needs to be an accessible route from the site arrival points (parking, drop off, and sidewalk) to the playground that connects the accessible elements and one of each type of ground level play components. The route needs to be stable, firm, and slip resistant. Loose fill materials, such as sand and grass are not accessible materials. Playgrounds often include ground level play components and elevated play components such as a climbing wall. Elevated play components can be connected and made accessible by a ramp or transfer system depending on the number of elevated play components. For more information on accessible play areas, check out our Checklist for Existing Facilities for Accessible Play Areas. Please join New England ADA Center's Director of Training, Kathy Gips for a virtual training on play areas - Recreation, the ADA, Inclusive Programs; Let's Have Fun!
Stay Connected:
We strive to ensure the Newsletter and the content we share is accessible. Unfortunately we have limited control of external websites. Please email us at [email protected] if you encounter any issues accessing the newsletter or related content.

Access New England features topics related to the Americans with Disabilities Act (ADA), originating from the ADA Center, our state affiliates, the ADA National Network, and national sources.

The New England ADA Center is a member of the ADA National Network funded by the Administration for Community Living through National Institute on Disability, Independent Living, and Rehabilitation Research Grant  90DP0087.