Documentos de Académico
Documentos de Profesional
Documentos de Cultura
DEC 4 1992
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Sincerely,
John L. Wodatch
Chief
Public Access Section
October 6, 1992
01-01783
attendants who clean the units after each use. Users can only
gain access to the wheelchair accessible units with card keys
that have been distributed free of charge to disabled persons by
the City of New York. The card keys are distributed at sites
near each wheelchair accessible facility during all hours that
the facilities are in operation. The attendants at the three
sites also have card keys on hand to assist users in gaining
access.
For the pilot project, the City of New York used the
two different types of Decaux units available because of public
safety concerns triggered by the larger size of the wheelchair
accessible models. Since more than one person can occupy the
larger models, which contain 29.7 square feet of public room
compared to the 8.5 square feet of public room contained in the
kiosk-size models, the larger models might be used for criminal
or other improper activities. In order to prevent abuse of the
larger models, they are made accessible only to persons who have
received card keys. These card keys have been distributed to
individuals whose disabilities preclude them from using the
kiosk-size models. Use of the card keys was also made necessary
because J.C. Decaux indicated that it would not provide coin-
operated wheelchair accessible models because of potential tort
liability.
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01-01785
If the analogies to single user portable toilets
and/or public restrooms are appropriate, the installation of
accessible and smaller size units, if pursued for the permanent
installation by a prospective franchisee, would appear to meet
existing requirements under the ADA. Regardless of the
appropriateness of these analogies, however, it is our view that
safety concerns may still warrant a permanent installation of two
different types of units. The final rules under Title III of the
ADA recognize that "[a] public accommodation may impose
legitimate safety requirements that are necessary for safe
operation [provided] [s]afety requirements [are] based on actual
risks and not on mere speculation, stereotypes, or
generalizations about individuals with disabilities."
S36.301(b). The City's concerns about the risks posed by the
larger accessible models are not based on stereotypes or
generalizations about individuals with disabilities. Rather,
based on unfortunate past experience with public restrooms in
subways and parks, the City is concerned that facilities larger
than kiosk-size increase the risk of criminal and other improper
activity, and threaten the safety of their users.
Sincerely yours,
Martha L. Mann
Special Legislative Counsel
Division of Legal Counsel
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01-01787