SPTE 203 Chapter 6 LEgal Issues and ADA
SPTE 203 Chapter 6 LEgal Issues and ADA SPTE 203 001
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This 3 page Class Notes was uploaded by Rachel Lightner on Saturday October 1, 2016. The Class Notes belongs to SPTE 203 001 at University of South Carolina taught by Professor Jeralds in Fall 2016. Since its upload, it has received 5 views. For similar materials see Introduction to Events and Venues in SPTE - Sport & Entertnmnt Mgmt at University of South Carolina.
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Date Created: 10/01/16
CHAPTER 6: LEGAL ISSUES AND ADA Thought for the Day- “The Only Easy Day Is Yesterday” ADA The Americans with Disabilities Act Signed into law in 1990 Law Designed to Ensure Americans with disabilities are not discriminated against—Allow for social life Estimated 43 Million people in 1990 Today—Approximately 60 million people Originally enacted by Congress to protect disabled people in the U.S. who have been historically subjected to “purposeful unequal treatment” Written ambiguously what is reasonable to one might not be reasonable to another business VISIBLE VS. INVISIBLE DISABILITIES Visible o A physical difference o Missing limbs o People who are paralyzed and need some aid o Motor impairment Invisible o People with hearing disorders o Speech impairments o Blind people may appear may be misinterpreted Cannot ask someone who is disabled what their disability or show proof of what there disability is DEFINITION OF DISABILITY What is a Disability o “A Qualified Handicapped Person” 1. Has a physical or mental impairment which substantially limits one or more major life activities o EX: Walking, breathing, hearing, seeing 2. Has a record of such impairment o EX: Someone who has had cancer 3. Is regarded as having such impairment o EX: Facial disfigurement AMERICANS WITH DISABILITIES ACT ASSOCIATIONS GUIDELINES What are reasonable accommodations? o ADAAG Public accommodations commercial facilities Rehabilitation Act of 1973 o Helped define disability Act of 1990- Focus on number 3 and 4 AMERICANS WITH DISABILITIES ACT Title II of ADA Act Reasonable Accommodations Seating Requirement --- 1% Comparable Sight Lines --- Dispersed seating path of travel Ramps, Rails, and Listening Devices ADA has 5 components: o Discrimination in employment o State and local government concerns o Public accommodation o Telecommunications o A miscellaneous category READILY ACHIEVABLE GUIDELINES Department of Justice Readily Achievable Guideline 5 part test 1. The nature and cost of the action Is it difficult to do and does it cost a lot of money? 2. Overall financial resources of the site or sites involved/impact of the action on the operation of the site Can the company afford it? 3. Geographic separateness, & administrative or fiscal relationship of the site in question to any parent corporation or entity Are they part of a bigger company? 4. Overall financial resources of any parent corporation or entity Can the bigger company afford it? 5. The type of operation of any parent corporation or entity (ADA Act or 1990) Do the companies do the same type of work? Renovation and construction standards Barriers --- Removal, renovation, or repositioning o Department of Justice Barrier Laundry List NEWLY CONSTRUCTED FACILITIES What constitutes an accessible stadium? o U.S> department AMERICANS WITH DISABILITIES ACT OF 1990 Alterations --- The top 5 priority areas: o An accessible entrance o An accessible route to the altered area o At least one accessible restroom for each sex or a single unisex restroom o Accessible telephones o Accessible drinking fountains NEWLY CONSTRUCTED FACILITIES Cost --- Undue Hardship Exemptions o ADA Case Law Anderson vs. Little League Baseball, Inc. ADA has 5 components: Discrimination in employment State and local government concerns Public accommodation Telecommunications A miscellaneous category