Can ADA forces non-profit org to provide me a terp?

DeafVeggie · 04-19-2005, 04:12 AM

Can ADA forces the large non-profit organization (more than 15 staffs on the payroll) to provide me a terp if I request it? Let's say Greenpeace is coming to town to give a speech rally for against logging.

After the non-profit organization applies a permits with the city for their upcoming outspoken speech rally as part of their free speeches under Constitution, they gave speeches to everyone. But, I did not even understood one word from them and would need a terp badly. Was it my responsibility to provide a terp of my own or was I to ask the non-profit org to provide me one?

Now, this is an interesting question...

Suppose that the non-profit org refuses to provide me a terp, can I just run to the city and request the clerk to invalid their permits? Hence, that would forces the non-profit org to either provide me a terp or else...no event for them.

I consider Greenpeace's speeches as "public" because they speak to the public on public ground with public permits. What's more, Greenpeace is a non-profit org which is a government certified tax-exempt organization which they require to recognize every details in the Fed laws which ADA happens to be one of them.

If I do have a chance to make the non-profit org to provide me a terp, where can I find the exact lines in the ADA law to blunt at Greenpeace and maybe to the city clerk who issued permits?

~DV

Nesmuth · 04-19-2005, 12:21 PM

If hey receive any public funding, Title II applies. Otherwise it will be Title III that applies.

Richard

DeafVeggie · 04-19-2005, 02:54 PM

Quote:

Originally Posted by Nesmuth

If hey receive any public funding, Title II applies. Otherwise it will be Title III that applies.

Richard

If they receive any public funding, which part of Title II?

If they receive no public fundings, which part of Title III?

BTW, your signature reminds me of Margie's posting. Does she works with your organization?

~DV

rjr2006 · 04-19-2005, 04:41 PM

check this out: http://www.captions.com/deafrigh.html

DeafVeggie · 04-20-2005, 11:41 AM

Quote:

Originally Posted by rjr2006

check this out: http://www.captions.com/deafrigh.html

Checked it out and didn't see anything applies to non-profit organization. Please help!

~DV

Vance · 04-20-2005, 07:14 PM

Quote:

Originally Posted by DeafVeggie

Can ADA forces the large non-profit organization (more than 15 staffs on the payroll) to provide me a terp if I request it? Let's say Greenpeace is coming to town to give a speech rally for against logging.

After the non-profit organization applies a permits with the city for their upcoming outspoken speech rally as part of their free speeches under Constitution, they gave speeches to everyone. But, I did not even understood one word from them and would need a terp badly. Was it my responsibility to provide a terp of my own or was I to ask the non-profit org to provide me one?

Now, this is an interesting question...

Suppose that the non-profit org refuses to provide me a terp, can I just run to the city and request the clerk to invalid their permits? Hence, that would forces the non-profit org to either provide me a terp or else...no event for them.

I consider Greenpeace's speeches as "public" because they speak to the public on public ground with public permits. What's more, Greenpeace is a non-profit org which is a government certified tax-exempt organization which they require to recognize every details in the Fed laws which ADA happens to be one of them.

If I do have a chance to make the non-profit org to provide me a terp, where can I find the exact lines in the ADA law to blunt at Greenpeace and maybe to the city clerk who issued permits?

~DV

Good question. I always wonder about that... There were several events that I so want to go but they didn't provide the interpreting service. But one event, they said they will be more than happy to contact a trep but as long as there are 15 or more deafies. Interesting. I never bother to think about ADA until you mentioned about it... I fortunately am in relationship with Nas, a veteran trep and she often are more than happy to interpret for me at almost anywhere (she refused to do that at stripping club when I jokingly poked her about stripping club). I wish I can help with you about this one but I have no idea or knowledge about ADA. Deaf258 may have the knowledge about this. I will try to get his attention toward this topic.

04-20-2005, 07:20 PM

Brain can't think! XD Me busy with homework and Finals!

I'll try checking around on this.. DeafVeggie, have you tried going to the legal advising monthly event at the Deaf Center in Salt Lake City?? I am sure someone there would answer your questions!

rjr2006 · 04-20-2005, 07:26 PM

http://www.usdoj.gov/crt/ada/reg3a.html

If the NON-PROFIT ORGANIZATION is public, they should provide you interpreter[s] under ADA.

Public means ANYONE CAN participate, including those with disabilities and non-profit organizations shouldn't discriminate against the disabled. I hope that it helps you.

DeafVeggie · 04-20-2005, 07:42 PM

I just visited the website that you gave me...

Which sections and line numbers that the NON-PROFIT organization must provide me a terp when I ask for it?

~DV

Quote:

Originally Posted by rjr2006

http://www.usdoj.gov/crt/ada/reg3a.html

If the NON-PROFIT ORGANIZATION is public, they should provide you interpreter[s] under ADA.

Public means ANYONE CAN participate, including those with disabilities and non-profit organizations shouldn't discriminate against the disabled. I hope that it helps you.

Nesmuth · 04-20-2005, 07:43 PM

I just learned a bit more about Greenpeace, they're based in the Netherlands, given that fact, the ADA dont apply to them.

Richard

rjr2006 · 04-20-2005, 07:55 PM

Quote:

Originally Posted by DeafVeggie

I just visited the website that you gave me...

Which sections and line numbers that the NON-PROFIT organization must provide me a terp when I ask for it?

~DV

Sec.36.203 Integrated settings.

(a) General. A public accommodation shall afford goods, services, facilities, privileges, advantages, and accommodations to an individual with a disability in the most integrated setting appropriate to the needs of the individual.

(b) Opportunity to participate. Notwithstanding the existence of separate or different programs or activities provided in accordance with this subpart, a public accommodation shall not deny an individual with a disability an opportunity to participate in such programs or activities that are not separate or different.

(c) Accommodations and services. (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such individual chooses not to accept.

Codger · 04-20-2005, 08:08 PM

It applies to them when they conduct business inside this country. Many overseas corporations do buisiness here and when they do, they have to follow our laws. If, that is, ADA applies to a non-profit corporation. We still aren't sure about that!

I am pretty sure, but not positive, that it applies to 501C corporations (churches, boy scouts, etc.).

Reba · 04-20-2005, 11:05 PM

Quote:

Originally Posted by Codger

...I am pretty sure, but not positive, that it applies to 501C corporations (churches, boy scouts, etc.).

Does not apply to churches.
Our church has terps, but it is not required by law.

DeafVeggie · 04-21-2005, 12:10 PM

What if they said, "We cannot afford terps"? That's the most common excuses nowadays!

~DV

Quote:

Originally Posted by rjr2006

Sec.36.203 Integrated settings.

(a) General. A public accommodation shall afford goods, services, facilities, privileges, advantages, and accommodations to an individual with a disability in the most integrated setting appropriate to the needs of the individual.

(b) Opportunity to participate. Notwithstanding the existence of separate or different programs or activities provided in accordance with this subpart, a public accommodation shall not deny an individual with a disability an opportunity to participate in such programs or activities that are not separate or different.

(c) Accommodations and services. (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such individual chooses not to accept.

DeafVeggie · 04-21-2005, 12:12 PM

Oh really? I didn't know churches are exempted from ADA? Can anyone please elaborate why the churches are exempted?

~DV

Quote:

Originally Posted by Reba

Does not apply to churches.
Our church has terps, but it is not required by law.

Nesmuth · 04-21-2005, 12:19 PM

Quote:

Originally Posted by DeafVeggie

What if they said, "We cannot afford terps"? That's the most common excuses nowadays!

~DV

It's a valid excuse especially when RID's puppets ask for $60-$100 an hour with a 2 hour minimum. Its called 'burdensome'. I have access to terps that ask for less than $20 an hour with no minimums.

Richard

04-21-2005, 01:43 PM

Quote:

Originally Posted by DeafVeggie

Oh really? I didn't know churches are exempted from ADA? Can anyone please elaborate why the churches are exempted?

~DV

You should know.. BYU won't easily give full access to Deaf students, nor they would caption all of their BYUtv programs.. BYU is under the LDS Church.

04-21-2005, 01:45 PM

Quote:

Originally Posted by Nesmuth

It's a valid excuse especially when RID's puppets ask for $60-$100 an hour with a 2 hour minimum. Its called 'burdensome'. I have access to terps that ask for less than $20 an hour with no minimums.

Richard

Give it a rest!

According to the RID workshop I attended a couple of years ago, interpreters are supposed to be paid about 90 dollars an hour. Less than 20 dollars an hour is inhumane and cruel to the interpreters.

04-21-2005, 01:48 PM

Quote:

Originally Posted by DeafVeggie

What if they said, "We cannot afford terps"? That's the most common excuses nowadays!

~DV

I understand that businesses and schools can be reimbursed for the interpreters they provide when they send in their tax returns. There are some programs that cover the cost of interpreting, but the hard part is finding such program and applying for it.

Reba · 04-21-2005, 04:36 PM

Quote:

Originally Posted by Deaf258

According to the RID workshop I attended a couple of years ago, interpreters are supposed to be paid about 90 dollars an hour. Less than 20 dollars an hour is inhumane and cruel to the interpreters.

$90 per hour?! Wow! Unfortunately, I am paid the "inhumane and cruel" rate.

04-21-2005, 05:01 PM

Quote:

Originally Posted by Reba

$90 per hour?! Wow! Unfortunately, I am paid the "inhumane and cruel" rate.

I know I mentioned something about this on AD last year or so.. Let me see if I can find it..

Ahh, found it HERE!

Quote:

Originally Posted by Deaf258

Watch what you say, buster!

One of my pet peeves is Deaf and hearing people have a lot of misconceptions of interpreters and their roles on the job. Over the summer, I took an RID approved workshop about interpreting. I learned one main thing: Interpreters ARE underpaid! With or without benefits, they are still underpaid! If interpreters are paid 35 to 50 bucks an hour, they only get to see less than 14 bucks income and profit in return!! They have a lot to worry about, working the right number of hours, making sure the evaluation and licensing fees are paid for, to sign up and pay for the workshops to get the required earned credit units for recertification every two years or so, paying any of the medical bills incurred from interpreting, paying for the gas to travel from one interpreting assignment to another, paying for the parking fees at business or school parking lots.. The list could go on! More than half of what interpreters make goes back to making sure the interpreters themselves are certified. It sure doesn't seem to be fair, but that's the way it is right now. The workshop's presentator researched that if things were fair 100% for interpreters, they would be working the top paying jobs in the world, earning approximately 90 dollars an hour plus benefits! End of the line: Interpreters are underpaid, period. They have every right to bitch and complain about having no benefits or not earning enough income on the job! After I took that workshop, I had better respect for the interpreters and made myself shut up about them complaining about low pay and no benefits.

Imagine them having to work 15 to 25 dollars an hour? Now, that's slavery!

Reba · 04-21-2005, 06:31 PM

http://www.usdoj.gov/crt/ada/taman3.html#III-1.5000

III-1.5000 Religious entities. Religious entities are exempt from the requirements of title III of the ADA. A religious entity, however, would be subject to the employment obligations of title I if it has enough employees to meet the requirements for coverage.

III-1.5100 Definition. A religious entity is a religious organization or an entity controlled by a religious organization, including a place of worship.

If an organization has a lay board, is it automatically ineligible for the religious exemption? No. The exemption is intended to have broad application. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board.

III-1.5200 Scope of exemption. The exemption covers all of the activities of a religious entity, whether religious or secular.

ILLUSTRATION: A religious congregation operates a day care center and a private elementary school for members and nonmembers alike. Even though the congregation is operating facilities that would otherwise be places of public accommodation, its operations are exempt from title III requirements.

What if the congregation rents to a private day care center or elementary school? Is the tenant organization also exempt? The private entity that rents the congregation's facilities to operate a place of public accommodation is not exempt, unless it is also a religious entity. If it is not a religious entity, then its activities would be covered by title III. The congregation, however, would remain exempt, even if its tenant is covered. That is, the obligations of a landlord for a place of public accommodation do not apply if the landlord is a religious entity.

If a nonreligious entity operates a community theater or other place of public accommodation in donated space on the congregation's premises, is the nonreligious entity covered by title III? No. A nonreligious entity running a place of public accommodation in space donated by a religious entity is exempt from title III's requirements. The nonreligious tenant entity is subject to title III only if a lease exists under which rent or other consideration is paid.

Vance · 04-21-2005, 08:02 PM

Off topic for one minute, I agree with Deaf258:

Quote:

Imagine them having to work 15 to 25 dollars an hour? Now, that's slavery!

Nas is a certified (RID) & (CCJI) trep and she earns higher than that. So far I know, she just recieve as it is from them.

DeafVeggie · 04-21-2005, 10:06 PM

Reba, here is an example: A religious organization has more than 15 staffs on the payroll. Are they required to provide me a terp if I request it or.... is it consider as too burden for them?

How do I know when they said it is "too burden"? I need to find out the line where I cannot ask for a terp from them.

Deaf258, thanks for the suggestive remarks about Deaf Center and BYU. Deaf Center has no brainers than you do. They are to serve and stab other deafies by applying Crab's Theory.

I'm not a student at BYU so it's out of picture.

~DV

Quote:

Originally Posted by Reba

http://www.usdoj.gov/crt/ada/taman3.html#III-1.5000

III-1.5000 Religious entities. Religious entities are exempt from the requirements of title III of the ADA. A religious entity, however, would be subject to the employment obligations of title I if it has enough employees to meet the requirements for coverage.

III-1.5100 Definition. A religious entity is a religious organization or an entity controlled by a religious organization, including a place of worship.

If an organization has a lay board, is it automatically ineligible for the religious exemption? No. The exemption is intended to have broad application. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board.

III-1.5200 Scope of exemption. The exemption covers all of the activities of a religious entity, whether religious or secular.

ILLUSTRATION: A religious congregation operates a day care center and a private elementary school for members and nonmembers alike. Even though the congregation is operating facilities that would otherwise be places of public accommodation, its operations are exempt from title III requirements.

What if the congregation rents to a private day care center or elementary school? Is the tenant organization also exempt? The private entity that rents the congregation's facilities to operate a place of public accommodation is not exempt, unless it is also a religious entity. If it is not a religious entity, then its activities would be covered by title III. The congregation, however, would remain exempt, even if its tenant is covered. That is, the obligations of a landlord for a place of public accommodation do not apply if the landlord is a religious entity.

If a nonreligious entity operates a community theater or other place of public accommodation in donated space on the congregation's premises, is the nonreligious entity covered by title III? No. A nonreligious entity running a place of public accommodation in space donated by a religious entity is exempt from title III's requirements. The nonreligious tenant entity is subject to title III only if a lease exists under which rent or other consideration is paid.

LM60CT · 05-10-2005, 09:37 AM

So, if a church or synagogue puts an advertisement / article in the local newspaper about an event they are hosting that is "open to the general public and everyone is welcome!" does that still make them exempt from hiring an interpreter for the Deaf?
I really wanted to attend "Comedy Night" event hosted at the local synagogue. I saw their advertisement in the local newspaper. I thought, Wow I would really love to have a few good laughs! Soooo when I e-mailed the synagogue office to ask if they planned to hire a terp since the event was open to the public and everyone is welcome, they told me, "truly sorry but the answer is no"

How nice is that? They can hide under their wonderful exemption!

Reba · 05-10-2005, 09:51 AM

Quote:

Originally Posted by DeafVeggie

Reba, here is an example: A religious organization has more than 15 staffs on the payroll. Are they required to provide me a terp if I request it or.... is it consider as too burden for them? ...

The burden question doesn't apply to a religious organization because the organization is exempt from the requirement, no matter how many employees there are. Sorry.

However, IMO, they should provide a terp as a matter of good service to the community. But they are not required by law to do that.

Reba · 05-10-2005, 09:59 AM

Quote:

Originally Posted by LM60CT

So, if a church or synagogue puts an advertisement / article in the local newspaper about an event they are hosting that is "open to the general public and everyone is welcome!" does that still make them exempt from hiring an interpreter for the Deaf?

I am not a lawyer, but from the way I read the ADA law, I would say they are still exempt.

Quote:

...How nice is that? They can hide under their wonderful exemption!

I am afraid not every religious organization is enlightened to the "special" needs of all people.

My church is not required to provide terps but we do anyway. I terp for my church as a volunteer. Of course, not all churches have terp members, and sometimes it is hard to find a terp for church/synagogue services. I am a member of my state's interpreter organization, and I see email requests for church terps all the time. The churches have a hard time finding and keeping enough terps.

diehardbiker · 05-10-2005, 11:10 AM

This time, your right! There is a line in ADA law that outline "Undue financial burden, organization can be exempted from the requirement".

I wouldn't want to make huge drama with anyone. Because it can be scaring to general people. It is best to be patience and educate them instead. The reason for not to try to scare them away is that there is ALWAYS at least loophole ahead! If you try to fight very hard, they are bound to find loophole ahead. So, educate them is best way for them to overlook the loophole!

One option for non-profit organization is that some areas have non-profit organization interpreting service designing for non-profit organization only. Thus will charge like 10 dollars an hour without minimum. It is available, use them as tool to encourage your organization to provide an interpreter.

Quote:

Originally Posted by Nesmuth

It's a valid excuse especially when RID's puppets ask for $60-$100 an hour with a 2 hour minimum. Its called 'burdensome'. I have access to terps that ask for less than $20 an hour with no minimums.

Richard

***VamPyroX*** · 05-10-2005, 10:28 PM

Actually, they aren't making money from it and it doesn't benefit you so I don't think that it applies to ADA. Think about it, if you wanted to enforce it... you'd shut down all non-profit organizations just because they don't have the money for it.

Dennis · 05-10-2005, 11:32 PM

Quote:

Originally Posted by DeafVeggie

How do I know when they said it is "too burden"? I need to find out the line where I cannot ask for a terp from them.

We can't provide an answer to your question. Consult a lawyer who specializes in disability access. We are mere mortals who don't have the best grasp of the law, no matter what we say.

A lawyer will also be able to advise you on whether or not it is worth suing that organization to get interpreter services in the future. If an NPO doesn't want to give you an interpreter, only a court of law can make them. Not the police, not the city, not the interpreter boards, but a court of law.

Go see a lawyer.

04-19-2005, 04:12 AM	#1 (permalink)
DeafVeggie A perspective visionary Join Date: Mar 2005 Location: Yoo-thaw Posts: 161	Can ADA forces non-profit org to provide me a terp? Can ADA forces the large non-profit organization (more than 15 staffs on the payroll) to provide me a terp if I request it? Let's say Greenpeace is coming to town to give a speech rally for against logging. After the non-profit organization applies a permits with the city for their upcoming outspoken speech rally as part of their free speeches under Constitution, they gave speeches to everyone. But, I did not even understood one word from them and would need a terp badly. Was it my responsibility to provide a terp of my own or was I to ask the non-profit org to provide me one? Now, this is an interesting question... Suppose that the non-profit org refuses to provide me a terp, can I just run to the city and request the clerk to invalid their permits? Hence, that would forces the non-profit org to either provide me a terp or else...no event for them. I consider Greenpeace's speeches as "public" because they speak to the public on public ground with public permits. What's more, Greenpeace is a non-profit org which is a government certified tax-exempt organization which they require to recognize every details in the Fed laws which ADA happens to be one of them. If I do have a chance to make the non-profit org to provide me a terp, where can I find the exact lines in the ADA law to blunt at Greenpeace and maybe to the city clerk who issued permits? ~DV

05-10-2005, 09:37 AM	#25 (permalink)
LM60CT Are we there yet? Join Date: Apr 2005 Location: Connecticut Posts: 119	exempt? So, if a church or synagogue puts an advertisement / article in the local newspaper about an event they are hosting that is "open to the general public and everyone is welcome!" does that still make them exempt from hiring an interpreter for the Deaf? I really wanted to attend "Comedy Night" event hosted at the local synagogue. I saw their advertisement in the local newspaper. I thought, Wow I would really love to have a few good laughs! Soooo when I e-mailed the synagogue office to ask if they planned to hire a terp since the event was open to the public and everyone is welcome, they told me, "truly sorry but the answer is no" How nice is that? They can hide under their wonderful exemption!

05-10-2005, 10:28 PM	#29 (permalink)
*VamPyroX* bloody phreak from hell Join Date: Feb 2003 Location: Hell Posts: 31,473	Actually, they aren't making money from it and it doesn't benefit you so I don't think that it applies to ADA. Think about it, if you wanted to enforce it... you'd shut down all non-profit organizations just because they don't have the money for it. __________________ Check out my city... CLICK HERE! (If you already visited yesterday, visit again today!)

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04-19-2005, 12:21 PM	#2 (permalink)
Nesmuth Banned Join Date: Jun 2004 Location: The Southland of California Posts: 3,199	If hey receive any public funding, Title II applies. Otherwise it will be Title III that applies. Richard

04-19-2005, 04:41 PM	#4 (permalink)
rjr2006 RJR2K6 Join Date: Jan 2005 Location: Rochester, NY Posts: 1,825	check this out: http://www.captions.com/deafrigh.html

04-20-2005, 07:20 PM	#7 (permalink)
Deaf258 Guest Posts: n/a	Brain can't think! XD Me busy with homework and Finals! I'll try checking around on this.. DeafVeggie, have you tried going to the legal advising monthly event at the Deaf Center in Salt Lake City?? I am sure someone there would answer your questions!

04-20-2005, 07:26 PM	#8 (permalink)
rjr2006 RJR2K6 Join Date: Jan 2005 Location: Rochester, NY Posts: 1,825	http://www.usdoj.gov/crt/ada/reg3a.html If the NON-PROFIT ORGANIZATION is public, they should provide you interpreter[s] under ADA. Public means ANYONE CAN participate, including those with disabilities and non-profit organizations shouldn't discriminate against the disabled. I hope that it helps you.

04-20-2005, 07:43 PM	#10 (permalink)
Nesmuth Banned Join Date: Jun 2004 Location: The Southland of California Posts: 3,199	I just learned a bit more about Greenpeace, they're based in the Netherlands, given that fact, the ADA dont apply to them. Richard

04-20-2005, 08:08 PM	#12 (permalink)
Codger This body is on loan Join Date: Jan 2005 Posts: 817	It applies to them when they conduct business inside this country. Many overseas corporations do buisiness here and when they do, they have to follow our laws. If, that is, ADA applies to a non-profit corporation. We still aren't sure about that! I am pretty sure, but not positive, that it applies to 501C corporations (churches, boy scouts, etc.).

04-21-2005, 06:31 PM	#22 (permalink)
Reba Premium Member Join Date: Jun 2004 Posts: 20,801	http://www.usdoj.gov/crt/ada/taman3.html#III-1.5000 III-1.5000 Religious entities. Religious entities are exempt from the requirements of title III of the ADA. A religious entity, however, would be subject to the employment obligations of title I if it has enough employees to meet the requirements for coverage. III-1.5100 Definition. A religious entity is a religious organization or an entity controlled by a religious organization, including a place of worship. If an organization has a lay board, is it automatically ineligible for the religious exemption? No. The exemption is intended to have broad application. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board. III-1.5200 Scope of exemption. The exemption covers all of the activities of a religious entity, whether religious or secular. ILLUSTRATION: A religious congregation operates a day care center and a private elementary school for members and nonmembers alike. Even though the congregation is operating facilities that would otherwise be places of public accommodation, its operations are exempt from title III requirements. What if the congregation rents to a private day care center or elementary school? Is the tenant organization also exempt? The private entity that rents the congregation's facilities to operate a place of public accommodation is not exempt, unless it is also a religious entity. If it is not a religious entity, then its activities would be covered by title III. The congregation, however, would remain exempt, even if its tenant is covered. That is, the obligations of a landlord for a place of public accommodation do not apply if the landlord is a religious entity. If a nonreligious entity operates a community theater or other place of public accommodation in donated space on the congregation's premises, is the nonreligious entity covered by title III? No. A nonreligious entity running a place of public accommodation in space donated by a religious entity is exempt from title III's requirements. The nonreligious tenant entity is subject to title III only if a lease exists under which rent or other consideration is paid.