Justice Department Response

IcanGlide · 07-24-2007, 07:42 PM

A couple of months ago, I posted how we could all envoke upon our respective members of Congress about changing the wording of the ADA to close the so-called "loophole" that some jumped through when they would not allow the handicapped the use of their Segway. Well, I did just that and one of the ones I contacted came through with flying colors.

He wrote back and told me that he had asked the Justice Department for an opinion and also asked them for guidance for the Legislature to address if necessary. Yesterday I got a reply:

Dear Congressman Everett:

This is in response to your letter on behalf of your constituent, who uses a Segway due to his disability. In his e-mail to you, Mr. Sumner states that businesses have prohibited him from using a Segway on their properties. He suggests amending the Americans with Disabilities Act (ADA) so that the use of Segways by individuals with disabilities is protected by law. We apologize for our delay in responding.

The ADA prohibits discrimination on the basis of disability by State and local governments under Title II, and by private entities that operate places of public accommodation (e.g., shopping centers) under Title III. The Department is responsible for regulation and enforcement of many aspects of Titles II and III, including the issue raised by Mr. Sumner.

The Department is currently updating its regulations for Titles II and III of the ADA. In September 2004, the Department published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register to begin this process. It asked for comments on a variety of issues, and received over 900 public comments in response. Although the ANPRM did not address definitions and policies regarding mobility aids, the Department has received many comments and complaints in the course of its work from individuals with disabilities, businesses, and public accomodations regarding which mobility devices should be accomodated and which criteria apply. We are considering this input as we update the regulations. Any proposed changes will be in a Notice of Proposed Rulemaking (NPRM), which the Department intends to be published within the year.

We appreciate that you have brought Mr. Sumner's message to our attention. In addition, please note that when the NPRM is published, the Department will again be soliciting public comments. Mr. Sumner may wish to submit additional comments about the use of Segways at that time.

Sincerely,

Wan J. Kim
Assistant Attorney General

So there it is people, we will all have our chance to be heard. I have no idea how this will come out, but we do get a chance to be heard.

Frank

KSagal · 07-24-2007, 08:03 PM

Good for you. Thank you...

It appears that the wheels of justice grind slowly, but they appear to be grinding forward, at least...

Tarkus · 07-24-2007, 10:24 PM

Very nice Frank.

Remember that when the time for Public Comments comes it is imperative that ALL SEGWAY USERS, not just those who use one as a mobility aid, add their comments.

Well done.

Be Big,
Alan

drmarty · 09-06-2007, 02:39 AM

Alan,

How can we keep abreast of the progress of this so we will know when comments are needed?

Marty

Tarkus · 09-06-2007, 10:20 AM

Quote:

Originally Posted by drmarty

Alan,

How can we keep abreast of the progress of this so we will know when comments are needed?

Marty

Obviously this is something that DRAFT has been involved with and following.

We will be sure that the entire Segway community is aware when/if public comments will be heard.

Be Big,
Alan

07-24-2007, 07:42 PM	#1
IcanGlide Member Join Date: May 2006 Location: Ashford, Al Posts: 156	Justice Department Response A couple of months ago, I posted how we could all envoke upon our respective members of Congress about changing the wording of the ADA to close the so-called "loophole" that some jumped through when they would not allow the handicapped the use of their Segway. Well, I did just that and one of the ones I contacted came through with flying colors. He wrote back and told me that he had asked the Justice Department for an opinion and also asked them for guidance for the Legislature to address if necessary. Yesterday I got a reply: Dear Congressman Everett: This is in response to your letter on behalf of your constituent, who uses a Segway due to his disability. In his e-mail to you, Mr. Sumner states that businesses have prohibited him from using a Segway on their properties. He suggests amending the Americans with Disabilities Act (ADA) so that the use of Segways by individuals with disabilities is protected by law. We apologize for our delay in responding. The ADA prohibits discrimination on the basis of disability by State and local governments under Title II, and by private entities that operate places of public accommodation (e.g., shopping centers) under Title III. The Department is responsible for regulation and enforcement of many aspects of Titles II and III, including the issue raised by Mr. Sumner. The Department is currently updating its regulations for Titles II and III of the ADA. In September 2004, the Department published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register to begin this process. It asked for comments on a variety of issues, and received over 900 public comments in response. Although the ANPRM did not address definitions and policies regarding mobility aids, the Department has received many comments and complaints in the course of its work from individuals with disabilities, businesses, and public accomodations regarding which mobility devices should be accomodated and which criteria apply. We are considering this input as we update the regulations. Any proposed changes will be in a Notice of Proposed Rulemaking (NPRM), which the Department intends to be published within the year. We appreciate that you have brought Mr. Sumner's message to our attention. In addition, please note that when the NPRM is published, the Department will again be soliciting public comments. Mr. Sumner may wish to submit additional comments about the use of Segways at that time. Sincerely, Wan J. Kim Assistant Attorney General So there it is people, we will all have our chance to be heard. I have no idea how this will come out, but we do get a chance to be heard. Frank __________________ Never give up.

07-24-2007, 08:03 PM	#2
KSagal Glides a lot, talks more... Join Date: Jan 2004 Location: Pelham, NH, USA. Posts: 10,356	Good for you. Thank you... It appears that the wheels of justice grind slowly, but they appear to be grinding forward, at least... __________________ Karl Ian Sagal To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. "Well done is better than well said." (Ben Franklin) Bene factum melior bene dictum Proud past President of SEG America and member of the First Premier Segway Enthusiasts Group and subsequent ones as well.

07-24-2007, 10:24 PM	#3
Tarkus Senior Member Join Date: Jun 2005 Location: Ponte Vedra Beach, FL/ Mantoloking NJ Posts: 2,081	Well done ! Very nice Frank. Remember that when the time for Public Comments comes it is imperative that ALL SEGWAY USERS, not just those who use one as a mobility aid, add their comments. Well done. Be Big, Alan __________________ *************************************** Messages from Alan Maccini and are produced utilizing voice recognition software. We apologize for any errors . To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts.

09-06-2007, 02:39 AM	#4
drmarty Member Join Date: Sep 2006 Location: Anaheim California Posts: 530	Public comments Alan, How can we keep abreast of the progress of this so we will know when comments are needed? Marty

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