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ADA information

For Services Call: 1-800-342-1660 or TTY 1-888-852-2852

Effective Communication Rights of People with Disabilities

Governments and businesses have to give effective communication to
people with disabilities. This is required by the Americans with
Disabilities Act (ADA).

Examples of government programs and businesses that have to provide
effective communication are

·        Doctors, hospitals and other medical providers

·        Attorneys and courts

·        Government offices that are open to the public

·        Polling places

·        Utility providers like the phone company and water company

These are only examples. Many other types of businesses and government
programs must provide effective communication.

Effective communication means that a person with a disability can
understand information in order to take part in a program or service.

Governments and businesses have to provide auxiliary aids and services
if needed for effective communication. This means that the government
or business has to pay for needed auxiliary aids and services.

Auxiliary aids and services help give effective communication to people
with disabilities.

Examples of auxiliary aids/services:

1. qualified interpreters
2. note takers
3. screen readers
4. Brailled items
5. open or closed captioning
6. video interpreting services
7. instant or text messaging
8. taped texts
9. exchange of written notes
10. other devices/services to help with communication

Generally, a business or government ONLY has to provide auxiliary aid or
service if asked by a person with a disability who needs it.

Requests for a specific auxiliary aid or service do NOT have to be
granted if the need can be met in another way. These requests also do
NOT have to be met if they would change the program/service or be an
undue financial burden.

Guidance for Requesting Effective Communication

If you know that you need help with communication, contact the private
business or government entity ahead of time to ask that they provide the
help you need. Businesses and governments generally do NOT have to pay
for aids/services that you arrange for on your own.

If a business or government refuses to provide an auxiliary aid/service
that you need for effective communication, ask that they document their
refusal in writing.

How Disability Law & Advocacy Center of Tennessee (DLAC) Can Help:

1. If you are denied an auxiliary aid or service necessary for effective
communication, please contact DLAC as soon as possible.
2. Remember that each case is unique. We will investigate the
circumstances of your case.
3. Depending on your situation, our agency may be able to advocate on
your behalf and provide information to the government program or
business.

If you think your rights have been violated or have questions or
concerns about effective communication, please contact:

Disability Law & Advocacy Center of Tennessee

1-800-342-1660

GetHelp@dlactn.org <mailto:GetHelp@dlactn.org>

Disability Law & Advocacy Center of Tennessee (DLAC) is the federally
mandated Protection & Advocacy (P&A) System for Tennessee. DLAC is 100%
funded by the Administration for Children and Families, the Substance
Abuse and Mental Health Services Administration, the Rehabilitation
Services Administration, the Health Resources and Services
Administration, and the Social Security Administration.

This document is provided for general reference purposes only. None of
the information in this document is legal advice. To obtain legal advice
regarding these issues, you should consult an attorney.

For more information about Disability Law & Advocacy Center of
Tennessee, visit our website: www.DLACTN.org <http://www.dlactn.org/>

Alternative formats available upon request: 1-800-342-1660 (TTY:
888-852-2852).

Roger Boeving, Advocate
Disability Law & Advocacy Center of Tennessee
2693 Union Avenue Extended, Suite 201
Memphis, TN 38112
(901) 458-6013 Ext. 213
Fax (901) 458-7819
rogerb@dlactn.org
www.dlactn.org <http://www.dlactn.org/>

Legislative Update
February 22, 2008
BILL TARGETS TEXT-MESSAGING DRIVERS; $50 FINE PROPOSED

A bill being proposed in the state Senate would place a $50 fine on anyone caught text messaging while driving.

"It's very dangerous," said Sen. Jim Tracy, a Shelbyville Republican who is sponsoring the proposal. "You're looking down and punching keys. It's hard to do that."

Only two states, Washington and New Jersey, prohibit driving while texting, according to the National Conference of State Legislatures. One major city, Phoenix, also bans the activity.

The Bill was heard Wednesday by the Senate Transportation Committee, which decided to delay a vote for two weeks. It has not been heard in the House yet.

As written now, the Tennessee proposal would ban drivers from reading or sending text messages while their vehicle is in motion.

Violations would be a Class C misdemeanor, but citations would not become part of a driver's record, Tracy said.

One modification being considered is incorporating texting while driving into the state's distracted-driving law.

An estimated 3,900 citations for text messaging while driving are estimated per year, according to a fiscal note attached to the bill.

Source: 105th General Assembly