MAY 13 1996

Alice D. Weingart, President S.E. Florida Chapter, SHHH 4145 Cypress Reach Court, Apt. 301 Pompano Beach, Florida 33069 Dear Ms. Weingart: Your letter to Attorney General Janet Reno was referred to this office for reply. You requested that the Department of Justice urge the National Safety Council to comply with the Americans with Disabilities Act (ADA) through the provision of auxiliary aids in their driver safety course. Title III of the ADA requires that auxiliary aids and services be provided by public accommodations to ensure "effective communication" for individuals who are deaf or hard of hearing or who have impaired vision or speech. Under title III, "public accommodations" are private entities who own, operate, lease, or lease to, places of public accommodation, such as places of education. The National Safety Council's driver safety course may be a covered entity under title III if it is privately operated. The ADA's auxiliary aids requirement is intended to be flexible, reflecting the variable nature of what constitutes effective communication. In addition to the specific nature of the disability involved, factors used to determine communication effectiveness in any given circumstance include the length, complexity, and significance of the information being exchanged. The auxiliary aids provisions of title III do not compel a covered entity to comply with a unilateral determination of an individual with a disability that a particular auxiliary aid is essential to effective communication. Ideally, the covered entity and the individual should arrive at a mutually acceptable choice through a process of consultation. Under section 36.301(c) of the title III regulation, when an auxiliary aid or service is necessary to ensure effective communication, the covered entity must absorb the cost of this aid or service, unless it would result in an undue burden. The term "undue burden" means "significant difficulty or expense."

cc: Records, Chrono, Wodatch, McDowney, Milton, FOIA n:\udd\milton\letters\auxaid.wei\sc. young-parran 01-04268 -2In determining whether the provision of an aid or service would result in an undue burden, covered entities should consider their overall financial resources. If the provision of a particular auxiliary aid or service would result in an undue burden, the public accommodation must provide an alternative auxiliary aid or service, if one exists, that would not result in an undue burden but would nevertheless ensure, to the maximum extent possible, effective communication with individuals with disabilities. The National Safety Council states that the provision of closed captioning on driver safety course videos would violate copyright laws. However, in most circumstances, it is anticipated that the need for captioning can be addressed in the ordinary course of the licensing agreements between the National Safety Council and the copyright owner. Therefore, copyright laws should rarely, if ever, be an obstacle to the provision of closed captioning. If copyright posed an insurmountable obstacle to captioning, the National Safety Council may, nevertheless, be required to find another way to make the driver safety course accessible to persons with hearing impairments. I hope this information is helpful to you. Sincerely, John L. Wodatch Chief Disability Rights Section 01-04269 A & R WEINGART 4145 Cypress Reach Ct., Apt. 301 Pompano Beach, Florida 33069 November 1, 1995 Attorney General Janet Reno Main Justice Building

10th St. & Constitution Ave., N. W. Washington, D. C. 20530 Dear Ms Reno, The South Florida Chapter of The National Safety Council's reply to our request for a Driver Safety Course directed towards the hearing impaired was, at best, wanting. (See enclosed letter from the Chapter.) As the enclosed article from the bulletin of SHHH national points out, we tried to show the Council Chapter how they could meet the needs of a large segment of the population without altering their presentation. Were they to avail themselves of the various assistive devices which are used at our meetings, the Driver Safety Course could be made available, all over the country, to the deaf and hard of hearing communities. AARP, with funding from United Hearing and Deaf Services for RealTime Captioning, is presenting the course for $8.00 enabling these drivers to receive an insurance credit. Would you please use your good offices to prod the National Safety Council to comply with the Americans With Disabilities Act. Thank you for your help. Cordially, Alice D. Weingart, President S. E. Florida Chapter, SHHH CC: SHHH National United Hearing Att'y Gen'l Butterworth 01-04270 National Safety Council South Florida Chapter Now serving Broward, Dade and Monroe Counties and the Caribbean Main Headquarters: 2099 West Prospect Road, Fort Lauderdale, Florida 33309-3600 (305) 772-9900 * Fax: (305) 938-8148 October 6, 1995

Ms. Alice Weingert 4145 Cypress Reach Court, Apt. 301 Pompano Beach, Florida 33069 RE: Late Deafened Safety Courses Dear Ms. Weingert: I have investigated this entire area and it is impossible for us to alter any of the videos due to copyright laws. I have contacted our national office and they do not have any of the mature driving courses using closed captions. However, we have contacted the Greater Fort Lauderdale Convention Center and they have, for your use, nineteen headsets which could be utilized by the late deafened people who want this course. Registration could be handled via sending a list of people to our office. We are willing to set up the entire program at a cost of $12.00 for each of the participants. We are also willing to pay for the parking at the convention center to limit the cost to the individuals taking this course. I need your quick response so that I may make the final arrangements with the convention center. Looking forward to hearing from you soon and thank you for your cooperation. Sincerely, Murry Corito Executive Director lr c: Andrea Wilson Janet Beets, President, Board of Directors

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