Sensitivities
and Game Rooms
The ADA – Two Possible
New Areas of Concern
by Steven John Fellman
NATO Washington Counsel
Multiple Chemical Sensitivities and Electro-Magnetic Sensitivities.
A person with a multiple chemical sensitivity suffers from
impaired neurological, respiratory or other functions
when exposed to certain chemicals. Many of us have experienced
examples of a chemical sensitivity. If you walk into
a building which has just been painted with an oil-based
paint, you may find the odor to be extremely unpleasant
and you may experience nausea. If you use a new cosmetic
or fragrance, you may experience skin irritation. Persons
with multiple chemical sensitivity suffer extreme reactions
when exposed to certain chemicals.
Individuals
with electro-magnetic sensitivities report that the indoor
environment of certain buildings produce
electro-magnetic waves which cause them to have significant
adverse neurological, respiratory or other functional
responses.
Recently,
the Architectural and Transportation Barriers Compliance
Board (the Access Board) published new guidelines
for recreational facilities. Although motion picture
theatres are not “recreational facilities” as
defined in these regulations and are not covered by
these guidelines,
a discussion in the preamble of the guidelines regarding
multiple chemical sensitivities and electro-magnetic
sensitivities is relevant to cinema operators.
The
Access Board noted that individuals with multiple chemical
sensitivities and electro-magnetic sensitivities
submitted
a substantial number of written comments regarding
the draft final rule. They reported that the use
of certain
chemicals in recreational facilities caused them
to have adverse reactions and constituted barriers that
denied
them access to those facilities. They requested that
the Board include provisions in the final rule to
make
such
facilities accessible to persons with these types
of disabilities.
In
response to these comments, the Access Board stated as
follows:
“The Board recognizes that multiple chemical sensitivities
and electro-magnetic sensitivities may be considered disabilities
under the ADA [Americans with Disabilities Act] if they
so severely impair the neurological, respiratory or other
functions of an individual that it substantially limits
one or more of the individual’s major life activities.
The Board plans to closely examine the needs of this population,
and undertake activities that address accessibility issues
for these individuals.
“The
Board plans to develop technical assistance materials
on best practices for accommodating individuals with
multiple chemical sensitivities and electro-magnetic
sensitivities.
The Board also plans to sponsor a project on indoor environmental
quality. In this project the Board will bring together
building owners, architects, building product manufacturers,
model code and standard setting organizations, individuals
with multiple chemical sensitivities and electro-magnetic
sensitivities and other individuals. This group will
examine building design and construction issues that
affect the
indoor environment, and develop an action plan that can
be used to reduce the level of chemicals and electro-magnetic
fields in the built environment.”
Recently,
the Small Business Administration met with representatives
of industries affected by the ADA. Representatives of the
restaurant industry, the hotel industry, the banking industry,
sports arena operators, bankers, and NATO were invited
to the meeting. SBA questioned the position that the Access
Board had taken on certain accessibility issues. SBA asked
whether the cost imposed on business to make certain types
of accommodations exceeded the benefits to the disabled
community. The industry groups attending the meeting expressed
their concern over the fact that the Access Board did not
seem to consider testimony presented during rulemaking
hearings that showed that the scope of various accessible
design requirements imposed by the Access Board exceeded
the needs of disabled individuals. As an example, the hotel
industry presented significant data on the lack of use
of accessible rooms by disabled patrons. The industry contended
that the Access Board regulations required hotels to build
many more accessible rooms than are actually used. In the
same manner, NATO presented the Access Board with data
regarding the lack of use of wheelchair seating spaces
and assistive listening devices in movie theatres. The
NATO data indicated that the number of wheelchair spaces
and assistive listening device headsets required for motion
picture theatres greatly exceeded any possible need.
SBA
representatives reported that the draft of the proposed
revised ADAAG did not include any significant lowering
in the requirements for accessible hotel rooms or accessible
wheelchair seating in cinema auditoria even though there
was no hard evidence controverting industry data. It
was suggested that the administration needed to convince
the
Access Board of the intention of Congress that accessibility
features be limited by demonstrated needs of disabled
persons.
NATO
will continue to track this issue and advise members
of new developments.
How Accessible Are Your Game Rooms?
Many theatres are built with game rooms that are packed
with the latest and greatest video games. In some game
rooms, the ambience can be described as wall-to-wall
games where patrons stand elbow to elbow amid the sounds
of game world orchestrations. The ADA requires that game
rooms be accessible to persons with disabilities. Your
game room needs to have enough space so that a person
in a wheelchair can travel throughout the game room and
have access to the various machines. The accessible path
of travel must meet ADAAG requirements.
The
game rooms in most modern theatres are designed to meet
ADAAG requirements. In some other industries that
also have game rooms, wheelchair patrons have complained
that they do not have a clear path of travel to the various
games. Theatre owners should reexamine their game rooms
to make sure that they are accessible. 
