[Noisebridge-discuss] I asked Charles to leave this evening

[Charles Tang]

And by the way,

I was the individual who saved three laptops from being stolen and your
bathroom from being vandalized a few days ago.


On 7 December 2013 02:01, Charles Tang <cjtang1 at asu.edu> wrote:

> I’m going to shut this conversation down now. The discretion being used
> here is out of line, moreover the descriptions of me are out of line.
>
>
>
> I was called a faggot and physically threatened by another individual in
> the public space. Yet, no one clearly understands how that impacts an
> individuals preset abilities to function in a space.  Moreover, no one else
> brings up the fact that this individuals yelling, and functional creation
> of an office for himself on the side wall is allowable.
>
>
>
> Moreover, it seems as if all the individuals complaining about me are also
> the bureaucrats who seem to want to prohibit my ability to use a fish tank.
>
>
>
> Further, due to these triggers, I’ll invoke Title III of the ADA, as my
> abilities to “function” in a fashion these individuals seek is clearly
> unduly burdensome to individuals with a similar disability as to mine:
>
>
>
> Here is guidance:
>
>
>
> I. Who is Covered by Title III of the ADA
>
> The title III regulation covers --
>
> Public accommodations (i.e., private entities that own, operate, lease, or
> lease to places of public accommodation),
>
>
>
> Commercial facilities, and
>
>
>
> Private entities that offer certain examinations and courses related to
> educational and occupational certification.
>
> Places of public accommodation include over five million private
> establishments, such as restaurants, hotels, theaters, convention centers,
> retail stores, shopping centers, dry cleaners, laundromats, pharmacies,
> doctors' offices, hospitals, museums, libraries, parks, zoos, amusement
> parks, private schools, day care centers, health spas, and bowling alleys.
>
>
>
> Commercial facilities are nonresidential facilities, including office
> buildings, factories, and warehouses, whose operations affect commerce.
>
>
>
> Entities controlled by religious organizations, including places of
> worship, are not covered.
>
>
>
> Private clubs are not covered, except to the extent that the facilities of
> the private club are made available to customers or patrons of a place of
> public accommodation.
>
>
>
> State and local governments are not covered by the title III regulation,
> but rather by the Department of Justice's title II regulation.
>
>
>
> II. Overview of Requirements
>
> Public accommodations must --
>
> Provide goods and services in an integrated setting, unless separate or
> different measures are necessary to ensure equal opportunity.
>
>
>
> Eliminate unnecessary eligibility standards or rules that deny individuals
> with disabilities an equal opportunity to enjoy the goods and services of a
> place of public accommodation.
>
>
>
> Make reasonable modifications in policies, practices, and procedures that
> deny equal access to individuals with disabilities, unless a fundamental
> alteration would result in the nature of the goods and services provided.
>
>
>
> Furnish auxiliary aids when necessary to ensure effective communication,
> unless an undue burden or fundamental alteration would result.
>
>
>
> Remove architectural and structural communication barriers in existing
> facilities where readily achievable.
>
>
>
> Provide readily achievable alternative measures when removal of barriers
> is not readily achievable.
>
>
>
> Provide equivalent transportation services and purchase accessible
> vehicles in certain circumstances.
>
>
>
> Maintain accessible features of facilities and equipment.
>
>
>
> Design and construct new facilities and, when undertaking alterations,
> alter existing facilities in accordance with the Americans with
> Disabilities Act Accessibility Guidelines issued by the Architectural and
> Transportation Barriers Compliance Board and incorporated in the final
> Department of Justice title III regulation.
>
> A public accommodation is not required to provide personal devices such as
> wheelchairs; individually prescribed devices (e.g., prescription eyeglasses
> or hearing aids); or services of a personal nature including assistance in
> eating, toileting, or dressing.
>
>
>
> A public accommodation may not discriminate against an individual or
> entity because of the known disability of a person with whom the individual
> or entity is known to associate.
>
>
>
> Commercial facilities are only subject to the requirement that new
> construction and alterations conform to the ADA Accessibility Guidelines.
> The other requirements applicable to public accommodations listed above do
> not apply to commercial facilities.
>
>
>
> Private entities offering certain examinations or courses (i.e., those
> related to applications, licensing, certification, or credentialing for
> secondary or postsecondary education, professional, or trade purposes) must
> offer them in an accessible place and manner or offer alternative
> accessible arrangements.
>
>
>
> III. "Individuals with Disabilities"
>
> The Americans with Disabilities Act provides comprehensive civil rights
> protections for "individuals with disabilities".
>
>
>
> An individual with a disability is a person who --
>
> Has a physical or mental impairment that substantially limits one or more
> major life activities, or
>
>
>
> Has a record of such an impairment, or
>
>
>
> Is regarded as having such an impairment.
>
> Examples of physical or mental impairments include, but are not limited
> to, such contagious and noncontagious diseases and conditions as
> orthopedic, visual, speech, and hearing impairments; cerebral palsy,
> epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
> diabetes, mental retardation, emotional illness, specific learning
> disabilities, HIV disease (whether symptomatic or asymptomatic),
> tuberculosis, drug addiction, and alcoholism. Homosexuality and bisexuality
> are not physical or mental impairments under the ADA.
>
>
>
> "Major life activities" include functions such as caring for oneself,
> performing manual tasks, walking, seeing, hearing, speaking, breathing,
> learning, and working.
>
>
>
> Individuals who currently engage in the illegal use of drugs are not
> protected by the ADA when an action is taken on the basis of their current
> illegal use of drugs.
>
>
>
> IV. Eligibility for Goods and Services
>
> In providing goods and services, a public accommodation may not use
> eligibility requirements that exclude or segregate individuals with
> disabilities, unless the requirements are necessary for the operation of
> the public accommodation.
>
> For example, excluding individuals with cerebral palsy from a movie
> theater or restricting individuals with Down's Syndrome to only certain
> areas of a restaurant would violate the regulation.
>
> Requirements that tend to screen out individuals with disabilities, such
> as requiring a blind person to produce a driver's license as the sole means
> of identification for cashing a check, are also prohibited.
>
>
>
> Safety requirements may be imposed only if they are necessary for the safe
> operation of a place of public accommodation. They must be based on actual
> risks and not on mere speculation, stereotypes, or generalizations about
> individuals with disabilities.
>
> For example, an amusement park may impose height requirements for certain
> rides when required for safety.
>
> Extra charges may not be imposed on individuals with disabilities to cover
> the costs of measures necessary to ensure nondiscriminatory treatment, such
> as removing barriers or providing qualified interpreters.
>
>
>
> V. Modifications in Policies, Practices, and Procedures
>
> A public accommodation must make reasonable modifications in its policies,
> practices, and procedures in order to accommodate individuals with
> disabilities.
>
>
>
> A modification is not required if it would "fundamentally alter" the
> goods, services, or operations of the public accommodation.
>
> For example, a department store may need to modify a policy of only
> permitting one person at a time in a dressing room if an individual with
> mental retardation needs the assistance of a companion in dressing.
>
> Modifications in existing practices generally must be made to permit the
> use of guide dogs and other service animals.
>
>
>
> Specialists are not required to provide services outside of their
> legitimate areas of specialization.
>
> For example, a doctor who specializes exclusively in burn treatment may
> refer an individual with a disability, who is not seeking burn treatment,
> to another provider. A burn specialist, however, could not refuse to
> provide burn treatment to, for example, an individual with HIV disease.
>
>
>
> VI. Auxiliary Aids
>
> A public accommodation must provide auxiliary aids and services when they
> are necessary to ensure effective communication with individuals with
> hearing, vision, or speech impairments.
>
>
>
> "Auxiliary aids" include such services or devices as qualified
> interpreters, assistive listening headsets, television captioning and
> decoders, telecommunications devices for deaf persons (TDD's), videotext
> displays, readers, taped texts, brailled materials, and large print
> materials.
>
>
>
> The auxiliary aid requirement is flexible. For example, a brailled menu is
> not required, if waiters are instructed to read the menu to blind customers.
>
>
>
> Auxiliary aids that would result in an undue burden, (i.e., "significant
> difficulty or expense") or in a fundamental alteration in the nature of the
> goods or services are not required by the regulation. However, a public
> accommodation must still furnish another auxiliary aid, if available, that
> does not result in a fundamental alteration or an undue burden.
>
>
>
> VII. Existing Facilities: Removal of Barriers
>
> Physical barriers to entering and using existing facilities must be
> removed when "readily achievable."
>
>
>
> Readily achievable means "easily accomplishable and able to be carried out
> without much difficulty or expense."
>
>
>
> What is readily achievable will be determined on a case-by-case basis in
> light of the resources available.
>
> The regulation does not require the rearrangement of temporary or movable
> structures, such as furniture, equipment, and display racks to the extent
> that it would result in a significant loss of selling or serving space.
>
>
>
> Legitimate safety requirements may be considered in determining what is
> readily achievable so long as they are based on actual risks and are
> necessary for safe operation.
>
> Examples of barrier removal measures include --
>
> Installing ramps,
>
>
>
> Making curb cuts at sidewalks and entrances,
>
>
>
> Rearranging tables, chairs, vending machines, display racks, and other
> furniture,
>
>
>
> Widening doorways,
>
>
>
> Installing grab bars in toilet stalls, and
>
>
>
> Adding raised letters or braille to elevator control buttons.
>
> First priority should be given to measures that will enable individuals
> with disabilities to "get in the front door," followed by measures to
> provide access to areas providing goods and services.
>
>
>
> Barrier removal measures must comply, when readily achievable, with the
> alterations requirements of the ADA Accessibility Guidelines. If compliance
> with the Guidelines is not readily achievable, other safe, readily
> achievable measures must be taken, such as installation of a slightly
> narrower door than would be required by the Guidelines.
>
>
>
> VIII. Existing Facilities: Alternatives to Barrier Removal
>
> The ADA requires the removal of physical barriers, such as stairs, if it
> is "readily achievable." However, if removal is not readily achievable,
> alternative steps must be taken to make goods and services accessible.
>
>
>
> Examples of alternative measures include --
>
> Providing goods and services at the door, sidewalk, or curb,
>
>
>
> Providing home delivery,
>
>
>
> Retrieving merchandise from inaccessible shelves or racks,
>
>
>
> Relocating activities to accessible locations.
>
> Extra charges may not be imposed on individuals with disabilities to cover
> the costs of measures used as alternatives to barrier removal. For example,
> a restaurant may not charge a wheelchair user extra for home delivery when
> it is provided as the alternative to barrier removal.
>
>
>
> IX. New Construction
>
> All newly constructed places of public accommodation and commercial
> facilities must be accessible to individuals with disabilities to the
> extent that it is not structurally impracticable.
>
>
>
> The new construction requirements apply to any facility occupied after
> January 26, 1993, for which the last application for a building permit or
> permit extension is certified as complete after January 26, 1992.
>
>
>
> Full compliance will be considered "structurally impracticable" only in
> those rare circumstances when the unique characteristics of terrain prevent
> the incorporation of accessibility features (e.g., marshland that requires
> construction on stilts).
>
>
>
> The architectural standards for accessibility in new construction are
> contained in the ADA Accessibility Guidelines issued by the Architectural
> and Transportation Barriers Compliance Board, an independent Federal
> agency. These standards are incorporated in the final Department of Justice
> title III regulation.
>
>
>
> Elevators are not required in facilities under three stories or with fewer
> than 3,000 square feet per floor, unless the building is a shopping center,
> shopping mall, professional office of a health care provider, or station
> used for public transportation.
>
>
>
> X. Alterations
>
> Alterations after January 26, 1992, to existing places of public
> accommodation and commercial facilities must be accessible to the maximum
> extent feasible.
>
>
>
> The architectural standards for accessibility in alterations are contained
> in the ADA Accessibility Guidelines issued by the Architectural and
> Transportation Barriers Compliance Board. These standards are incorporated
> in the final Department of Justice title III regulation.
>
>
>
> An alteration is a change that affects usability of a facility. For
> example, if during remodeling, renovation, or restoration, a doorway is
> being relocated, the new doorway must be wide enough to meet the
> requirements of the ADA Accessibility Guidelines.
>
>
>
> When alterations are made to a "primary function area", such as the lobby
> or work areas of a bank, an accessible path of travel to the altered area,
> and the bathrooms, telephones, and drinking fountains serving that area,
> must be made accessible to the extent that the added accessibility costs
> are not disproportionate to the overall cost of the original alteration.
>
> Alterations to windows, hardware, controls, electrical outlets, and
> signage in primary function areas do not trigger the path of travel
> requirement.
>
>
>
> The added accessibility costs are disproportionate if they exceed 20
> percent of the original alteration.
>
> Elevators are not required in facilities under three stories or with fewer
> than 3,000 square feet per floor, unless the building is a shopping center,
> shopping mall, professional office of a health care provider, or station
> used for public transportation.
>
>
>
> XI. Overview of Americans with Disabilities Act Accessibility Guidelines
> for New Construction and Alterations
>
> New construction and alterations must be accessible in compliance with the
> ADA Accessibility Guidelines.
>
>
>
> The Guidelines contain general design ("technical") standards for building
> and site elements, such as parking, accessible routes, ramps, stairs,
> elevators, doors, entrances, drinking fountains, bathrooms, controls and
> operating mechanisms, storage areas, alarms, signage, telephones, fixed
> seating and tables, assembly areas, automated teller machines, and dressing
> rooms. They also have specific technical standards for restaurants, medical
> care facilities, mercantile facilities, libraries, and transient lodging
> (such as hotels and shelters).
>
>
>
> The Guidelines also contain "scoping" requirements for various elements
> (i.e., it specifies how many, and under what circumstances, accessibility
> features must be incorporated).
>
>
>
> Following are examples of scoping requirements in new construction --
>
> At least 50 percent of all public entrances must be accessible. In
> addition, there must be accessible entrances to enclosed parking,
> pedestrian tunnels, and elevated walkways.
>
>
>
> An accessible route must connect accessible public transportation stops,
> parking spaces, passenger loading zones, and public streets or sidewalks to
> all accessible features and spaces within a building.
>
>
>
> Every public and common use bathroom must be accessible. Only one stall
> must be accessible, unless there are six or more stalls, in which case two
> stalls must be accessible (one of which must be of an alternate,
> narrow-style design).
>
>
>
> Each floor in a building without a supervised sprinkler system must
> contain an "area of rescue assistance" (i.e., an area with direct access to
> an exit stairway where people unable to use stairs may await assistance
> during an emergency evacuation).
>
>
>
> One TDD must be provided inside any building that has four or more public
> pay telephones, counting both interior and exterior phones. In addition,
> one TDD must be provided whenever there is an interior public pay phone in
> a stadium or arena; convention center; hotel with a convention center;
> covered shopping mall; or hospital emergency, recovery, or waiting room.
>
>
>
> One accessible public phone must be provided for each floor, unless the
> floor has two or more banks of phones, in which case there must be one
> accessible phone for each bank.
>
>
>
> Fixed seating assembly areas that accommodate 50 or more people or have
> audio-amplification systems must have a permanently installed assistive
> listening system.
>
>
>
> Dispersal of wheelchair seating in theaters is required where there are
> more than 300 seats. In addition, at least one percent of all fixed seats
> must be aisle seats without armrests (or with movable armrests). Fixed
> seating for companions must be located adjacent to each wheelchair location.
>
>
>
> Where automated teller machines are provided, at least one must be
> accessible.
>
>
>
> Five percent of fitting and dressing rooms (but never less than one) must
> be accessible.
>
> Following are examples of specific scoping requirements for new
> construction of special types of facilities, such as restaurants, medical
> care facilities, mercantile establishments, libraries, and hotels --
>
> In restaurants, generally all dining areas and five percent of fixed
> tables (but not less than one) must be accessible.
>
>
>
> In medical care facilities, all public and common use areas must be
> accessible. In general purpose hospitals and in psychiatric and
> detoxification facilities, ten percent of patient bedrooms and toilets must
> be accessible. The required percentage is 100 percent for special
> facilities treating conditions that affect mobility, and 50 percent for
> long-term care facilities and nursing homes.
>
>
>
> In mercantile establishments, at least one of each type of counter
> containing a cash register and at least one of each design of check-out
> aisle must be accessible. In some cases, additional check-out aisles are
> required to be accessible (i.e., from 20 to 40 percent) depending on the
> number of check-out aisles and the size of the facility.
>
>
>
> In libraries, all public areas must be accessible. In addition, five
> percent of fixed tables or study carrels (or at least one) must be
> accessible. At least one lane at the check-out area and aisles between card
> catalogs, magazine displays, and stacks must be accessible.
>
>
>
> In hotels, four percent of the first 100 rooms and approximately two
> percent of rooms in excess of 100 must be accessible to persons with
> hearing impairments (i.e., contain visual alarms, visual notification
> devices, volume-control telephones, and an accessible electrical outlet for
> a TDD) and to persons with mobility impairments. Moreover, an identical
> percentage of additional rooms must be accessible to persons with hearing
> impairments.
>
>
>
> Technical and scoping requirements for alterations are sometimes less
> stringent than those for new construction. For example, when compliance
> with the new construction requirements would be technically infeasible, one
> accessible unisex bathroom per floor is acceptable.
>
>
>
> XII. Examinations and Courses
>
> Certain examinations or courses offered by a private entity (i.e., those
> that are related to applications, licensing, certification, or
> credentialing for secondary or postsecondary education, professional, or
> trade purposes) must either be given in a place and manner accessible to
> persons with disabilities, or be made accessible through alternative means.
>
>
>
> In order to provide an examination in an accessible place and manner, a
> private entity must --
>
> Assure that the examination measures what it is intended to measure,
> rather than reflecting the individual's impaired sensory, manual, or
> speaking skills.
>
>
>
> Modify the examination format when necessary (e.g., permit additional
> time).
>
>
>
> Provide auxiliary aids (e.g., taped exams, interpreters, large print
> answer sheets, or qualified readers), unless they would fundamentally alter
> the measurement of the skills or knowledge that the examination is intended
> to test or would result in an undue burden.
>
>
>
> Offer any modified examination at an equally convenient location, as
> often, and in as timely a manner as are other examinations.
>
>
>
> Administer examinations in a facility that is accessible or provide
> alternative comparable arrangements, such as providing the examination at
> an individual's home with a proctor.
>
> In order to provide a course in an accessible place and manner, a private
> entity may need to --
>
> Modify the course format or requirements (e.g., permit additional time for
> completion of the course).
>
>
>
> Provide auxiliary aids, unless a fundamental alteration or undue burden
> would result.
>
>
>
> Administer the course in a facility that is accessible or provide
> alternative comparable arrangements, such as provision of the course
> through video tape, audio cassettes, or prepared notes.
>
>
>
> XIII. Enforcement of the ADA and its Regulations
>
> Private parties may bring lawsuits to obtain court orders to stop
> discrimination. No monetary damages will be available in such suits. A
> reasonable attorney's fee, however, may be awarded.
>
>
>
> Individuals may also file complaints with the Attorney General who is
> authorized to bring lawsuits in cases of general public importance or where
> a "pattern or practice" of discrimination is alleged.
>
>
>
> In suits brought by the Attorney General, monetary damages (not including
> punitive damages) and civil penalties may be awarded. Civil penalties may
> not exceed $50,000 for a first violation or $100,000 for any subsequent
> violation.
>
>
>
> XIV. Technical Assistance
>
> The ADA requires that the Federal agencies responsible for issuing ADA
> regulations provide "technical assistance".
>
>
>
> Technical assistance is the dissemination of information (either directly
> by the Department or through grants and contracts) to assist the public,
> including individuals protected by the ADA and entities covered by the ADA,
> in understanding the new law.
>
>
>
> Methods of providing information include, for example, audio-visual
> materials, pamphlets, manuals, electronic bulletin boards, checklists, and
> training.
>
>
>
> The Department issued for public comment on December 5, 1990, a
> government-wide plan for the provision of technical assistance.
>
>
>
> The Department's efforts focus on raising public awareness of the ADA by
> providing--
>
> Fact sheets and pamphlets in accessible formats,
>
>
>
> Speakers for workshops, seminars, classes, and conferences,
>
>
>
> An ADA telephone information line, and
>
>
>
> Access to ADA documents through an electronic bulletin board for users of
> personal computers.
>
> The Department has established a comprehensive program of technical
> assistance relating to public accommodations and State and local
> governments.
>
> Grants will be awarded for projects to inform individuals with
> disabilities and covered entities about their rights and responsibilities
> under the ADA and to facilitate voluntary compliance.
>
>
>
> The Department will issue a technical assistance manual by January 26,
> 1992, for individuals or entities with rights or duties under the ADA.
>
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