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

-2-

In 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 assist-
ive 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 Real-
Time 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

A nongovernmental, not-for-profit, public service organization dedicated to

protecting lives and promoting health since 1965.
01-04271