Celebrating 25 Years of ADA

Disability Rights are Civil Rights

Today marks the 25th anniversay of the signing of the ADA legislation. This milestone is a good time to look around your community and see just how much your governmental agency has accomplished in removing barriers for those who have disabilities. 

  • Do you have a transition plan for identifying and removing barriers?
  • When was the last time you inventoried barriers and updated your transition plan?
  • What percentage of barriers in your built environment have been brought into compliance?
  • Is your governmental agency website compliant?
  • Are your public meetings and publications compliant?
  • Have you incorporated accessibility and needs of those who have disabilities into your emergency response plan?

For many of us, even after 25 years, we still have a long way to go to achieve compliance. This is particularly true for those of us addressing facilities within the right of way. As most are aware, much of the reason for this is due to the lack of clear guidance and direction specifically addressing the right of way. Fortunately the Access Board is working on finalizing Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way or PROWAG, and when it is finally approved, much of the confusion over requirements will be settled.

In addition to reviewing your community's progress in achieving compliance, you can also check out the following resources created to provide additional ADA-related education and, in some cases, assistance in removing barriers:

Timeline of the ADA

ADA Legacy Project: Preserving the history of the disability rights movement

Smithsonian Online Exhibit: EveryBody: An Artifact History of Disability in America

Google Impact Challenge: Google has launched a call for ideas for leveraging technology to improve accessibility

 

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3D ADA Toolkit for Local Government in Unity 3D

Welcome area of the 3D ADA Toolkit for Local Government

A couple years ago I put together an unofficial 3D version of the ADA Toolkit for Local Government. It was based in an immersive environment anyone could visit and experience as an avatar or digital representation of themselves. Normally the ADA Toolkit is only available as an online, primarily text-based document. So I figured the ability to learn it through an engaging and interactive format might offer a much more interesting and possibly memorable experience. Eventually I moved this build over to Kitely – a service which hosts 3D immersive environments created using OpenSimulator software. People who want to visit and stroll through the 3D ADA Toolkit can still do so by visiting Kitely.com, signing up for an account or using an existing Twitter or Facebook account, and then accessing the 3D ADA Toolkit through the use of a viewer that Kitely will install on their computer. But while Kitely makes it very easy for someone to visit the places it hosts, some people are still hesitant to try out this type of experience – particularly those who are new to using an avatar to interact with digital content. So for some time, I have been wanting to create the same build in Unity 3D because it still offers the ability to visit and interact with the information in a 3D format, but does not rely on a login or the installation of a software program in order to view the content. Instead Unity 3D allows everything to work directly in someone's browser with only the installation of a plug-in to the browser. The end result can be closer to the browsing experience people already are familiar with.

It took some time for me to actually accomplish a build in Unity 3D for several reasons. One was the need to learn the software and interface. Fortunately there are plenty of tutorials out there for this so I was able to at least become comfortable with it over time by following these examples. But I still faced the need to create new content and doing so in the Unity 3D environment is not very easy. It definitely is not as easy as creating it in something like OpenSimulator. Then just within the last month or so, the folks who develop the Singularity viewer for OpenSimulator came up with a way to export 3D objects from the OpenSimulator environment. So I was able to export the objects from the 3D ADA Tooklit in OpenSimulator and import them into a Unity 3D build.

While that certainly helped move the project along, I quickly figured out there was still a lot more to learn to create an interactive environment. By again researching tutorials, I managed to script some popup messages to simulate what someone would see in the original OpenSimulator build. So at this point I have a very simple example of a portion of the 3D ADA Toolkit for Local Government in a Unity 3D environment. I caution anyone who decides to try it out that it is far from perfect. I need to learn how to do a better job with the messages, perhaps add some NPCs, create more interactive elements, and figure out how to launch a website so that it doesn't take the person out of the Toolkit forcing them to restart it to get back in. It would also be nice to figure out how to keep the flowers from floating just above the ground. Anyway, so far I've only made the welcome area and the historical background of the ADA laws related to right of way interactive – the rest of it has not yet been done. And, again, I don't have the entire toolkit in Unity 3D – only a small portion. If you want to check it out, just click the image below – if you've never run Unity 3D in your browser it will prompt you to install the Unity 3D plugin. And remember if you click anywhere in the Toolkit to access a website, you'll have to relaunch the Toolkit to get back in. Thanks for trying it out! I'd also love to get any type of feedback on it.

3D ADA Toolkit for Local Government in Unity 3D

Click the image above to enter the 3D ADA Toolkit for Local Government in Unity 3D in your browser!

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Getting to Know PROWAG

Non accessible construction in the ROWA clearer understanding of ADA design seems to be on the horizon. Today, the U.S. Access Board released a formal set of proposed guidelines for accessible rights-of-way, also known as PROWAG, at a public briefing and press conference. This document, once adopted, will finally provide the elusive guidance those of us in the design community have been looking for since the passage of the ADA in 1990. And with a better understanding of how to best design compliant infrastructure, we will be able to better construct improvements that increase accessibility and meet the terms of the law. Unlike the new construction shown in the photo to the left.

Those of you interested in reading through the document will find it embedded below or at the link to the guidelines in the paragraph above. Accessibility Online is also hosting a webinar on August 9, 2011, to provide information about the guidelines. According to their website, the webinar "will provide an overview of the NPRM, including major issues addressed in the notice such as alterations to existing facilities, existing facilities that are not altered, and allowances for typical roadway geometry. Time will be allotted for questions and answers."

After reviewing the guidelines, you can submit any comments or suggestions before November 23, 2011, by following the directions at the beginning of the document. So far the main comment I will submit is based on something I heard at a seminar I attended at the Illinois DOT earlier this year. The presenters shared with us a requirement of providing a minimum 5% running slope for the curb ramp. This means ramps must now fit within a tight range of 5% to 8.33%. No one in the room could figure out why this was a requirement and less than 5% would be a problem. Design and construction of a curb ramp meeting all requirements is probably the most challenging and misunderstood element in the entire guideline so adding design restrictions without good reason exacerbates the problem. If there is a reason, then it is worth doing, but so far no one has provided one. I'd be interested to hear viewpoints on this requirement from others. Or if you want to share any other observations or information about the new guidelines or about accessible design in the right of way, feel free to comment below.

Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, July 26, 2011

 

 

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Climbing the Uphill Battle for ADA on a Non-compliant Curb Ramp

Curb RampMy primary involvement in ADA has been as an engineer designing and building infrastructure in the right of way and in years past, as a building inspector approving private development. During my career, I have always made a dedicated effort to learn about and meet the requirements of this federal law. But it's been a challenge shared by many other building and design professionals due to the lack of guidance materials and solid instruction from federal and state agencies. Fortunately over the last year that has changed for us in Illinois with state and federal agencies providing more training. But as frustrating as it has been for us, I can't begin to imagine how it is for those who have a disability and need to use these facilities. And today, I came up against another completely unbelievable hurdle.

The law was passed in 1990, and it has taken 20 years for the design community to receive clear guidance on how to comply with the law. The effect this seems to have had is that many engineers look upon the law as a joke thinking why comply – next year federal and state agencies will change it again. Or they ignore it or only partially comply because it must not be important enough if it has taken this long to put achievable guidelines in place. And they do not normally interact with the community most affected to see the impact of their decisions.

So one hurdle is just convincing engineers they need to follow the law. Our state has come out with the opinion that if a professional engineer knowingly designs or builds or approves a non-compliant ramp, they will pursue taking away their license. This is serious for someone who relies on the license for their job. Yet, when I share this with other engineers they do not believe it or think it could happen.

Fortunately there are engineers out there who do care and try to comply. I wonder sometimes what makes the difference. For myself, my dedication has built up over time as I better understood the requirements and particularly as I began to interact with those who have disabilities. They have really been the ones who helped me understand the importance of each regulation. Not complying does truly cause them hardship and at times it is painful and severe. It makes me wonder if we should be requiring a certification for ADA design that includes training and interaction with disability communities and groups.

Anyway, as difficult as all that has been to work through, today I got a call from a couple in our city complaining about a curb ramp we installed. They didn't like the design because they felt it would make it difficult to mow. I had tried to explain in two emails and out on the site that we were obligated to construct the ramp in that manner due to federal law. That the city risked liability and loss of use of road funds for highway improvements should we choose to ignore the law. And I added the part about losing my license. But they would have none of that. They questioned why other ramps are non-compliant, but it's difficult to convey how and why we got to this point over 20 years in just a few minutes. So they could not understand.

But in the end, I could tell by their attitudes, the bottom line for these people was that they were going to force the city to put in a ramp they liked no matter what. They obviously had total disregard for the law and our need to comply. They even threatened calling the newspaper and the state of Illinois to "tell on us." Which didn't make sense to me – were they going to tell them we put in a compliant ramp they don't like? Of course both they and their child had no visible disabilities.

All I could think was if I feel this frustrated and helpless just trying to build compliant infrastructure, how must someone feel who has to try to use non-compliant infrastructure? I can't even imagine telling someone with a disability, we chose not to comply with the law because these people thought it would cause them some difficulty in mowing around the ramp. We might be able to some day have designers on board, but how will we ever get healthy people with no disabilities to accept the need for compliance when all they care about is not having a minor inconvenience in mowing? And how can people have such total disregard for others?

 

 

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