ISEN-ASTC-L is a service of the Association of Science-Technology Centers
Incorporated, a worldwide network of science museums and related institutions.
*****************************************************************************
Matt,
Nicely put.
As a general rule regarding ADA issues, I've always been told you should have a plan in place to always think of ADA implications when designing new experiences. This often means a committee, or possibly people with such disabilities who might come in and spot-check for you. Anything that indicates you take accessibility into account when designing new experiences is going to go a long way to protecting you from lawsuits. However, as has been stated before - if you can make a concept more accessible to one set of disabilities you will probably making it more accessible to people with no disabilities at the same time. When I designed exhibitions we always tried to ensure that every concept or experience was universally accessible - however that doesn't mean every single exhibit was universally accessible.
-William
On Jan 27, 2011, at 12:25 PM, Matthew Strumpf wrote:
> ISEN-ASTC-L is a service of the Association of Science-Technology Centers
> Incorporated, a worldwide network of science museums and related institutions.
> *****************************************************************************
>
> I wanted to add a few thoughts on this subject. I am not a lawyer but I have dealt with the ADA for a few years now.
>
> The ADA is a great law but is widely misunderstood. First the comment that the ADA mostly deals with physical access is somewhat correct. It also deals with vision or hearing loss, but it for the most part does not include mental or learning disabilities, the types of conditions and adaptations that the original poster was asking about. This is because of how the ADA defines who has a disability. A person with a disability is someone who can not perform one of life’s daily functions. That is someone who can not do things like dress, wash, eat, etc. So, someone using a wheelchair would qualify but someone with diabetes would not be covered by the ADA. Some people have even made the case that amputees who can use a prosthetic are not covered by the ADA, the same way someone who wears glasses is not covered.
>
> With that definition, a low reading level would not be a disability and so not covered by the ADA. I said that was mostly true, because there are people with severe mental disabilities that are incapable of handling those daily functions, but often those cases include a physical or other issues that makes everything more complicated.
>
> Another issue of the ADA is compliance. Compliance is not voluntary, however that is not the same as saying that everyone must met a standard. The ADA requires that businesses make reasonable modifications. Reasonable has been interpreted as affordable, and so no business has ever been put out of business because of the ADA. Maybe because of threats from lawyers, but not from the ADA itself. If you can not afford to make something accessible you are not required to do anything and be ADA compliant. This leads to many businesses claiming to be ADA compliant, which they are, while still providing no access to their business. Of course if you can spend any money on updating or even maintaining a facility you can afford to make some improvements. For example, if you can afford to paint parking lines in your lot, you can afford to paint correct handicap spaces, and yet so few do, which leads to my third point.
>
> The only organization that can sue over ADA issues is the Department of Justice, not individuals. For the most part, if it is not a clear violation, they won’t. So, many, many small violation are just never dealt with. Most businesses simply don’t even know they are doing anything wrong, and you get the sense that the ADA is voluntary.
>
> Let me answer your questions:
>> Does anyone know where I can get detailed information about obligations museums have under the ADA for people with developmental challenges?
>
> Under the ADA you have no requirements as a developmental disability is not covered under the ADA unless there are additional disabilities.
>
>
>
>> Is there any expectation that museum labels should be written simply so that people with intellectual disabilities can better understand them (or that simplified language should be available in print form)?
>
> There is no requirement, however as I’m sure you have already heard numerous times, simply written labels are more likely to be read and used by everyone, not just people with disabilities.
>
>
>> Is there any expectation that museum venues should be set up to make it possible for people with sensory issues to attend demonstrations that are loud or frightening (eg, giant Van der Graff, loud IMAX, etc.) ?
>
> No. Loud and frightening are an integral part of the experience. Changing the experience, changes what it is. It is a reasonable modification to make a visitor aware of what the experience is like so they can choose to a attend or not. Providing an opportunity to see the space in advance or providing an alternative experience are also reasonable. (a small Van de Graaff interpretation, a less loud IMAX film)
>
>
>
>> Is there any reason why a museum's "special needs night" should be staffed by trained individuals?
>
> Yes, but there is no requirement for this. If you are creating a program and promoting it as a "special needs night" I think it would be in your best interest that the people you have working it are able to handle the likely situations they will face. Not doing that is not so much a violation, but false advertising. Why create a situation where expectations are not going to be met? Also, as with most issues like this, why would you not want to train your staff for an event like this? It would help them in their daily jobs as well.
>
>
>
>> Is there an expectation that staff should be available to help individuals with intellectual or developmental challenges to access/find/engage in museum activities?
>
> Take out the words "with intellectual or developmental challenges" and that is your answer.
>
>
> To finish up, I might be sounding like the ADA is a limited guideline that is loosely enforced. That’s because it is. If you are looking to the ADA to either tell you what you must do or excuse you for not doing something, it’s not going to help. You would be better off following much of what others have said and use principles of universal design. Plan and develop your museum to serve the widest audience possible, be honest with visitors about what your experience is, and try your best to be as inclusive as you can. You should do this because that is what provides the best experience for all of your guests.
>
>
> Matthew Strumpf
> Museum Educator
>
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William Katzman
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LIGO Science Education Center
"Inspiring Science"
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For information about the Association of Science-Technology Centers and the Informal Science Education Network please visit www.astc.org.
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