I have gone to my local MP and asked him to table a PM question on this
subject, particularly with reference to the lack of clear and detailed
guidelines. I believe it highly likely that we are going to have to wait for
case law to be established as to what precisely constitutes a lack of access
for those covered by the DDA.
In our case, our son Daniel refuses to go into shops where music is playing,
even background muted music. Therefore it is quite arguable that
shops/supermarkets that play piped music are denying him "access". The
definition of access is not necessarily that clear!
I am also highly interested in who is responsible for providing access.
Where one has leased premises (i.e., shopping malls) is it the building
owner or the service provider? The way that the law appears to be worded is
that it is the service provider that is to make changes to the way that they
provide services. There doesn't seem to be any recognition that the service
provider may not own the premises. This may impact on the way that
alterations to the way services are provided is out of his control. Also
germane to fire escapes and what happens in the event of a fire.
Going to be a long and interesting subject this - and one that needs to be
tackled early.
Regards,
Patrick
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: Tuesday, January 04, 2000 2:34 PM
To: [log in to unmask]
Subject: ADA Access Laws
Dear all
Hope you all had a good break and enjoyed the new year celebrations.
Below i have pasted an article forwarded to me.
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Time For Redrawing Access Law
Paul Bedard: Washington Whispers; Outlook 12/27/99
America's architects operate in a world of certainties and exacting
standards, which is why the Americans with Disabilities Act and its
vague rules that new buildings be accessible to those with
disabilities are driving the blueprint set crazy. "It's maddening if
you are an architect," says Jim Dinegar, vice-president of the
American Institute of Architects.
The problem: There are no national ADA building codes, and state
standards certified by the Justice Department are being challenged in
court.
The result: Architects also end up in court or planning expensive
redesigns.
"We want to get it right the first time. We can draw anything, but we
need to know the rules up front," says Dinegar. Justice agrees but
hasn't offered any help yet.
So Dinegar tells Whispers that AIA next year will seek oversight
hearings to clear up the fog in the disabilities act and lay the
groundwork for universally accepted and legally binding building
codes. "Money spent on ADA should be spent on increasing access, not
lining the pockets of lawyers."
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Given that the DDA at present does not have a certification
or similar provision is any body prepared to offer anything better
than odds on, not that I am a gambler, on this country ending up in a
similar position.
What do you think?
SURFACE
Salford University, Research Focus on Accessible Environments
Tel: 01874 636826
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