From: gtrapp@abq.com
Subject: Re: documents in special media
Dear Listers,
I am writing to responde to Dr. Clyde Shideler's post in which he wrote
that the ADA requires that "all print materials be made available in the
format of the individual's choice."  However, as I stated in an earlier
posting, I believe that the ADA requires that deference be given to the
choice of the person, but that the choice need not be followed if other
effective methods of delivering the material are available.
The answer to this question can be found in the guidelines interpreting
Title II of the ADA.  What follows are excerpts from those guidelines.
In the section interpreting the definition section of Title II, the
guidelines state: "The Department, however, emphasizes that, although
the definition would include state of the art devices, public entities
are not required to use the newest or most advanced technologies as long
as the auxiliary aid or service that is selected affords effective
communication."  This language from the guidelines interprets the
definition of auxiliary aids and services contained under 35.104 of
Title II.
The guidelines elaborate further on the subject in the section
interpreting 35.160, which requires public entities to take steps to
assure that its communications with persons with disabilities are as
effective for persons with disabilities are as effective as for persons
with others.  The relevent portions state: "The public entity must
provide an opportunity for individuals with disabilities to request the
auxiliary aids and services of their choice.  This expressed choice
shall be given primary considerationby the public entity (35.160(b)(2).
 The public entity shall honor the choice unless it can demonstrate that
 another effective means on exists or that use of the means chosen would
not be required under 35.164.  Deference to the requests of the
individual with a disability is desireable because of the range of
disabilities, the variety of auxiliary aids and services, and different
circumstances requiring effective communication,."
As you can see the ADA guidelines do not place an absolute requirement
that the public entity provide print materials in the format requested
by the person with a disability.  As I said in my original post,
deference must be given to the choice of the person with a disability.
It should also be kept in mind that we have examined here the
requirements for Title II public entities, the requirements for Title
III places of public accommodations are not as strong as the
requirements for public entities such as states and cities.
Greg Trapp
Staff Attorney
Protection & Advocacy System of New Mexico
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    int: gtrapp@abq.com
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