National Endowment for the Arts ADA Tip Sheet

POLICIES, PROCEDURES AND PRACTICES

DEFINITION: SERVICE ANIMAL

A “service animal” is now defined as any dog* individually trained to do work or perform tasks benefitting [sic] an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

* There is a limited exception for miniature horses.

FIND IT IN THE REGULATIONS:

State and Local Governments: §35.104 definition and §35.136 service animals

Places of Public Accommodation: §36.104 definition and §36.302 (c) service animals 

DEFINITION: MOBILITY DEVICES

The definition of mobility devices has expanded to include not only traditional devices, such as wheelchairs and scooters, but any power-driven mobility devices used by a person with a mobility disability including, but not limited to, Segways. All such devices must be permitted in any area that pedestrians use unless it would result in a fundamental alteration, is a direct threat, or creates a safety hazard.

FIND IT IN THE REGULATIONS

State and Local Governments: §35.104 definition and §35.137 mobility devices

Places of Public Accommodation: §36.104 definition and §36.311 mobility devices

TICKETING 

The revised regulations include a new eight-part section devoted exclusively to the regulation of ticketing for wheelchair spaces and companion seats. The highlights of the new ticketing regulations include, but are not limited to, the following requirements:

1. Tickets for accessible seating must be available for purchase during the same times and in the same ways as the purchase of other tickets;

2. Accessible seating must be identified to the same level of specificity as other seats on maps, seating charts, and brochures, and, if asked, the location of all available accessible seating must be identified;

3. Tickets for accessible seating must be available at all price levels;

4. A wheelchair user may purchase up to three companion seats that are contiguous and in the same row so long as such seats are available and all patrons may purchase that number of seats;

5. Accessible seating may only be released when all other tickets are sold out or all other tickets in a specific price range or area are sold out;

6. Individuals with disabilities must be able to transfer their tickets to others under the same terms and conditions as other ticket holders;

7. Venues must honor tickets for non-accessible locations purchased on the secondary market (i.e. tickets that are re-sold by the original purchaser) by a wheelchair user so long as comparable accessible seats are available at the time the ticket is presented;

8. Venues may not ask for proof of disability or ask what the individual’s specific disability is, but may ask if the individual is purchasing tickets for someone with a mobility disability. The venue may investigate if it has reason to believe fraud has been committed.

FIND IT IN THE REGULATIONS

State and Local Governments: §35.138 ticketing

Places of Public Accommodation: §36.302 (f) ticketing