ADA, Do Shelters have to Comply w/ADA?
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Suppose that a church is used as a shelter in a hurricane. Does the church have to comply with the ADA?
Yes.
"One of the primary responsibilities of state and local governments is to protect residents and visitors from harm, including assistance in preparing for, responding to, and recovering from emergencies and disasters. State and local governments must comply with Title II of the ADA in the emergency- and disaster-related programs, services, and activities they provide.1 This requirement applies to programs, services, and activities provided directly by state and local governments as well as those provided through third parties, such as the American Red Cross, private nonprofit organizations, and religious entities." (Emphasis added). http://www.usdoj.gov/crt/ada/pcatoolkit/chap7emergencymgmt.htm
Co-Chair, FL Bar Disability Law Committee. Former Senior Trial Attorney, Justice Department, Civil Rights Division, Disability Rights Section 1992-2005.
Marc Dubin, Esq.
Director of Advocacy Center for Independent Living of Broward. Center for Independent Living of South Florida.
mdubin@pobox.com
www.disabilitylawcommittee.com fax:
mobile: (786) 866-5948
305-896-3000