Post by Dick Tracy on Dec 2, 2013 23:47:14 GMT -5
Subject: Different ADA Rules Apply---- when it invites the Public In.....
This was published --the part
in italics--by Meisner Law group did a very comprehensive article on this
subject.
>From the article, it is apparent to me that SLohA is a private facility but becomes a public facility when it invites the public in, for a Memorial for a
resident who passed away or, Bingo which, according to the statute is open to
owners and their guests. So, SLohA moves over into a public accommodation
entity and different ADA rules apply.
However, it is this attorney's opinion that, if the facility use is covered by the ADA ( a public accommodation facility), the Association must pay for the accommodation--(as
opposed to the handicapped person or the state or any other entity):
The main distinction between the ADA and other Federal and State acts that prohibit discrimination on the basis of handicap is that if the ADA applies to the situation, the Association would bear the cost of modification of the area in question; whereas, for example, Michigan’s Condominium Act provides that the co-owner must pay for the cost of modification. Janet L.S. Powers and Timothy Graves, Dealing with the Disabilities Act ADA, Common Ground, January/February 1997; and L
559.147a(1).
There is nothing in the Bingo statute that requires non-commercial bingo operators to provide a facility--or in the case of commercial games--to rent a facility, that is built to federal and ADA guidelines to accommodate handicapped players. That is an issue for the facility to address.
And, power assist doors and security cameras are most certainly not direct and essential costs related to the actual conduct of a bingo game. This is a pretty clear violation of the Bingo statute and the argument that these elements are "direct and essential expenses of conducting the game" is pretty lame.
To: Bingo Chairman/Overseer, BOD Members, Manager, & S--------------
You may want to take a second look at your, Opinion on Cash Bingo Donations to SLohA, for the cost of the ADA modifications.
This was published --the part
in italics--by Meisner Law group did a very comprehensive article on this
subject.
>From the article, it is apparent to me that SLohA is a private facility but becomes a public facility when it invites the public in, for a Memorial for a
resident who passed away or, Bingo which, according to the statute is open to
owners and their guests. So, SLohA moves over into a public accommodation
entity and different ADA rules apply.
However, it is this attorney's opinion that, if the facility use is covered by the ADA ( a public accommodation facility), the Association must pay for the accommodation--(as
opposed to the handicapped person or the state or any other entity):
The main distinction between the ADA and other Federal and State acts that prohibit discrimination on the basis of handicap is that if the ADA applies to the situation, the Association would bear the cost of modification of the area in question; whereas, for example, Michigan’s Condominium Act provides that the co-owner must pay for the cost of modification. Janet L.S. Powers and Timothy Graves, Dealing with the Disabilities Act ADA, Common Ground, January/February 1997; and L
559.147a(1).
There is nothing in the Bingo statute that requires non-commercial bingo operators to provide a facility--or in the case of commercial games--to rent a facility, that is built to federal and ADA guidelines to accommodate handicapped players. That is an issue for the facility to address.
And, power assist doors and security cameras are most certainly not direct and essential costs related to the actual conduct of a bingo game. This is a pretty clear violation of the Bingo statute and the argument that these elements are "direct and essential expenses of conducting the game" is pretty lame.
To: Bingo Chairman/Overseer, BOD Members, Manager, & S--------------
You may want to take a second look at your, Opinion on Cash Bingo Donations to SLohA, for the cost of the ADA modifications.