Recreation and the Law
Accessibility and Inclusion – What is the difference?
Accessibility: The physical approach/architecture
Removing environmental barriers so that a person with a disability can
participate and have choices Physical access is only the beginning
Inclusion: Knowledge/Understanding/Acceptance/Adaptation
Offering welcoming, meaningful and purposeful opportunities to participate
in all facets of community life is the goal
The American Disabilities Act (ADA)
- Right to the Most Integrated Setting
- Right to Participate
- Right to Reasonable Accommodations
- Right to Adaptive Equipment
- Right to an Assessment or Evaluation
- Disparate Impact (policies cannot have a greater impact on people with disabilities than on people without disabilities.)
- Fees (no higher fee or surcharge for the cost of accommodations or for providing the most integrated setting.)
Only two types of entities are exempt from the ADA provisions…
-
Private clubs
Where membership requires a nomination and a substantial initial fee, along with substantial annual obligations - Religious organizations
However…the ADA does not exist in a vacuum:
State or local laws may apply similar non-discriminatory requirements to
churches and private clubs.
John McGovern, JD President, Recreation Accessibility Consultants
Adapted from the National Center on Accessibility and National Center on
Physical Activity and Disability monograph: Recreation Access Rights Under
the ADA (http://www.ncaonline.org/index.php?q=node/742 )
Use the link below to print a PDF version of this information to share with others.
For more information about this program contact: KohlsAutismAwareness@childrens-specialized.org