Arts Accessibility Introduction and Self-assessment

Accessibility has been a long time coming. To understand the Americans with Disabilities Act, you must look at the historic process since the signing of the Declaration of Independence in 1776, which stated “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness. Although promising in sentiment, the document did not provide the specific needs, concerns and rights of people with disabilities. In 1868, the Fourteenth Amendment held that no state can deny any US citizen equal protection under the law, but it was not until 1935, that the League of the Physically Handicapped (New York City) protested the discrimination against people with disabilities by federal relief programs. The Civil Rights Act of 1964 prohibited employment discrimination based on race, sex, national origin, religion and prohibits public access discrimination. The Age Discrimination in Employment Act of 1967 prohibited age discrimination for 40 to 65-year-olds and was amended in 1986, to remove the 65-year-old age cap. 1971 marked a crucial victory when the US District Court of Alabama ruled that people with disabilities cannot be locked away in custodial institutions without treatment or education. The Rehabilitation Act of 1973 prohibited discrimination on the basis of disability in programs conducted by federal agencies. More importantly, Section 504 forbid discrimination against people with disabilities in any activity or program that receives federal financial assistance (the Secretary of Health Education and Welfare did not issue regulations implementing Section 504 until April 28, 1977, nearly four year later). In 1984, the Voting Accessibility for the Elderly and Handicapped Act mandated that polling places be accessible or that ways be found to enable elderly and people with disabilities to exercise their right to vote. The Congress and Senate, in 1989, took up the reintroduced second draft of the Americans with Disabilities Act, and in 1990, Americans with disabilities finally gain their full rights in the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation and telecommunications.

Many hurdles and nearly a century later, compliance with Section 504/ADA is not only a reality, but also the humane thing to do. The Maine Arts Commission has made a strong commitment to providing assistance for arts and cultural organizations and facilities to reach full-compliance by providing tools and links to tools and other assistance on MaineArts.com. That is just the beginning of the awareness process that takes thorough understanding in order to meet the needs of all constituents.

The Maine Arts Commission has borrowed a self-assessment tool for organizations to use to identify compliance issues. The ADA Self-assessment is located here for your use and convenience. The Maine Arts Commission encourages you to complete the ADA Self-assessment as a means to develop a plan of action on addressing issues currently facing your organization. Filing your completed ADA Self-assessment with the Maine Arts Commission is not meant to limit your organization from being funded, but instead a means of planning for needed changes which will actually enable you to be able to apply for funding. Your filed ADA Self-assessment will also enable icons in your profile on MaineArts.com to advertise the accessible features that you currently have in place, so constituents will know, in advance, if you offer full access, alternate means of access, etc. when contacting you and/or visiting you. Having the ADA Self-assessment on file enables the Maine Arts Commission to market your accessible features to the public. Did you know that nearly 20 percent of Maine’s population identifies as having a disability? That is a potential increase by 20 percent in the number of participants at your events, performances, meetings, etc. by having this information available on MaineArts.com and to the public.

Another important tool, Design for Accessibility: A Cultural Administrator's Handbook, represents an update of the National Endowment for the Arts’ The Arts and 504 (1992) with additional information from the 700-page Design for Accessibility: An Arts Administrator's Guide produced by the Arts Endowment and NASAA in 1994. This resource is designed to help you not only comply with Section 504 and the Americans with Disabilities Act, but to assist you in making access an integral part of your organization's planning, mission, programs, outreach, meetings, budget and staffing.

ADA Self-assessment tool

The National Endowment for the Arts has created an arts accessibility checklist that outlines major access accommodations to assist organizations in making their facilities and programs fully accessible. Evaluate your organization's accessibility by completing the Arts and Humanities Accessibility Checklist (.pdf). Once you have completed the checklist, contact Kathy Ann Shaw, senior development associate & accessibility coordinator, at 207/287-2750, kathy.shaw@maine.gov or TTY/NexTalk 877/887-3878 User ID: kathy.shaw, to discuss your organizations accessibility and file your compliance with the Maine Arts Commission.

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