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56-598: The kara-mon or kara-kado ( 唐門 ) is a type of gate seen in Japanese architecture . It is characterized by the usage of kara-hafu , an undulating bargeboard peculiar to Japan. Kara-mon are often used at the entrances of Japanese castles , Buddhist temples and Shinto shrines , and have historically been a symbol of authority. Although kara (唐) can be translated as meaning "China" or " Tang ", this type of roof with undulating bargeboards first appeared in Japan during

112-510: A balancing test between the cost of the proposed alteration and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business. There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in

168-553: A disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense." The term "auxiliary aids and services" includes: Captions are considered one type of auxiliary aid. Since

224-675: A disability". This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies , labor organizations , and joint labor-management committees. There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential. Prohibited discrimination may include, among other things, firing or refusing to hire someone based on

280-655: A disability. In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability." Thus the ADAAA led to broader coverage of impaired employees. In October 2019, the Supreme Court declined to resolve a circuit split as to whether websites are covered by

336-537: A history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits",

392-460: A means to proclaim the prestige of a building and functioned as a symbol of both religious and secular architecture. In the Tokugawa shogunate , the kara-mon gates were a powerful symbol of authority reflected in architecture. Mukai-kara-mon (向唐門) is the most common form of kara-mon , and features two kara-hafu at the front and back of the gate. This type of gate may incorporate a kara-hafu in

448-644: A more lenient standard. On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as

504-420: A real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities. A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform

560-523: A report, Towards Independence, in which the Council examined incentives and disincentives in federal laws towards increasing the independence and full integration of people with disabilities into U.S. society. Among the disincentives to independence the Council identified was the existence of large remaining gaps in civil rights coverage for people with disabilities in the United States. A principal conclusion of

616-422: A restaurant. People with disabilities cannot be treated as "less than" other customers. However, if a business normally charges for damages caused by the person to property, damage caused by a service animal can also require compensation. The ADA provides explicit coverage for auxiliary aids. ADA says that "a public accommodation shall take those steps that may be necessary to ensure that no individual with

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672-438: A wheelchair, multiple sclerosis , muscular dystrophy , obsessive–compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and schizophrenia . Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" such as medication, therapy, assistive devices, or other means of restoring function, during an "active episode" of

728-576: A whole building, such as a castle or fortified town . Actual doors can also be considered gates when they are used to block entry as prevalent within a gatehouse . Today, many gate doors are equipped with self-closing devices that can improve safety, security, and convenience. It is important to choose a controlled gate closer to ensure a consistent closing speed, as well as safety and security. A self-closing gate can help prevent accidents by children or pets, particularly around swimming pools, spas, beaches and hot tubs. A self-closing gate can also improve

784-530: Is a civil rights law that prohibits discrimination based on disability . It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 , which made discrimination based on race , religion , sex , national origin , and other characteristics illegal, and later sexual orientation and gender identity . In addition, unlike the Civil Rights Act,

840-521: Is also excluded from the definition of "disability". However, in 2022, the United States Court of Appeals for the Fourth Circuit stated that the ADA covers individuals with gender dysphoria , which may aid transgender people in accessing legal protections they otherwise may be unable to. The ADA states that a " covered entity " shall not discriminate against "a qualified individual with

896-564: Is charged with enforcing this provision. Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays. Under Title III of

952-784: Is prohibited if it is intended to interfere. The ADA has roots in Section 504 of the Rehabilitation Act of 1973 . The law began in the Virginia House of Delegates in 1985 as the Virginians with Disabilities Act—supported by Warren G. Stambaugh —which was passed by the state Virginia . It is the first iteration of the Americans with Disabilities Act. In 1986, the National Council on Disability (NCD), an independent federal agency, issued

1008-404: Is reported to have "inconvenienced" several senators and to have pushed them to approve the act. While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law. Senator Tom Harkin ( D - IA ) authored what became the final bill and

1064-657: The National Register of Historic Places , or properties designated as historic under state or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However,

1120-457: The U.S. Department of Justice . These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity. Title II applies to public transportation provided by public entities through regulations by

1176-623: The U.S. Department of Transportation . It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed-route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport. Title II also applies to all state and local public housing, housing assistance, and housing referrals. The Office of Fair Housing and Equal Opportunity

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1232-555: The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations . In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act and drafted the first version of the bill which was introduced in the House and Senate in 1988. A broad bipartisan coalition of legislators supported

1288-533: The ADA include both mental and physical conditions. A condition does not need to be severe or permanent to be a disability. Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: amputation , attention deficit hyperactivity disorder (ADHD), autism , bipolar disorder , blindness , cancer , cerebral palsy , deafness , diabetes , epilepsy , HIV/AIDS , intellectual disability , major depressive disorder , mobility impairments requiring

1344-587: The ADA is a "failure to remove" architectural barriers in existing facilities. See 42 U.S.C.   § 12182(b)(2)(A)(iv) . This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable", defined as "...easily accomplished without much difficulty or expense". The statutory definition of "readily achievable" calls for

1400-534: The ADA labeled religious institutions "public accommodations" and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations". Church groups such as the National Association of Evangelicals testified against the ADA's Title I employment provisions on grounds of religious liberty. The NAE believed

1456-584: The ADA, all new construction (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix A . Title III also has applications to existing facilities. One of the definitions of "discrimination" under Title III of

1512-455: The ADA, while the bill was opposed by business interests (who argued the bill imposed costs on business) and conservative evangelicals (who opposed protection for individuals with HIV ). The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush . It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009. Conditions classed as disabilities under

1568-502: The Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities. Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building , shed their crutches, wheelchairs , powerchairs and other assistive devices , and immediately proceeded to crawl and pull their bodies up all 100 of

1624-498: The Capitol's front steps, without warning. As the activists did so, many of them chanted "ADA now", and "Vote, Now". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy , was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to." This direct action

1680-725: The Federal Communications Commission (FCC) to adopt rules requiring closed captioning of most television programming. The FCC's rules on closed captioning became effective January 1, 1998. Title IV of the ADA amended the Communications Act of 1934 primarily by adding section 47 U.S.C.   § 225 . This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in

1736-579: The Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month. Title V includes technical provisions. It discusses, for example,

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1792-517: The United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down. The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities,

1848-705: The United States Constitution . The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission , who can sue on their behalf. Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by

1904-528: The animal is a direct threat to someone's health and safety. Allergies and fear of animals are not considered to be such a threat. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals. Businesses that prepare or serve food are not required to provide care, food, a relief area for service animals. Extra fees for service animals are forbidden. They cannot be discriminated against, such as by isolation from people at

1960-417: The animal is a service animal and ask what tasks it is trained to perform, but are not allowed to ask the service animal to perform the task nor ask for an animal ID. They cannot ask what the person's disabilities are. A person with a disability cannot be removed from the premises unless one of two things happen: the animal is out of control and its owner cannot control it (e.g., a dog barking uncontrollably), or

2016-501: The beginning of the Azuchi–Momoyama period , it became an important architectural element in the construction of a daimyō ' s mansions and castles. The kara-mon entrance was reserved for the shōgun during his onari visits to the retainer, or for the reception of the emperor at shogunate establishments. A structure associated with these social connections naturally imparted special meaning. Kara-mon would later become

2072-405: The condition (if the condition is episodic). Certain specific conditions that are widely considered anti-social , or tend to result in illegal activity, such as kleptomania , pedophilia , exhibitionism , voyeurism , etc. are excluded under the definition of "disability" in order to prevent abuse of the statute's purpose. Additionally, sexual orientation is no longer considered a disorder and

2128-457: The early 1990s, it led to the installation of public teletypewriter (TTY) machines and other TDD ( telecommunications devices for the deaf ). Title IV also led to the creation, in all 50 states and the District of Columbia, of what was then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS relay . Today, many TRS-mediated calls are made over

2184-724: The fact that nothing in the ADA amends, overrides or cancels anything in Section 504 . Additionally, Title V includes an anti-retaliation or coercion provision. The Technical Assistance Manual for the ADA explains this provision: III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights ... Any form of retaliation or coercion, including threats, intimidation, or interference,

2240-554: The gap or hole in the wall or fence, rather than a barrier which closed it. Gates may prevent or control the entry or exit of individuals, or they may be merely decorative. The moving part or parts of a gateway may be considered " doors ", as they are fixed at one side whilst opening and closing like one. A gate may have a latch that can be raised and lowered to both open a gate or prevent it from swinging. Gate operation can be either automated or manual. Locks are also used on gates to increase security. Larger gates can be used for

2296-550: The gate. A good example of this type of gate can be found at Nikkō Tōshō-gū . This kara-mon is decorated with 611 sculptures, including the Seven Lucky Gods and the Eight Immortals . Gate A gate or gateway is a point of entry to or from a space enclosed by walls . The word derived from old Norse "gat" meaning road or path ; But other terms include yett and port . The concept originally referred to

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2352-591: The illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use. Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to

2408-424: The job, scheduling changes, and changes to the way work assignments are chosen or communicated. An employer is not required to provide an accommodation that would involve undue hardship (excessive difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in

2464-548: The late Heian period . It was named thus because the word kara was associated by the Japanese with any type of ornate architecture regardless of origin. The karahafu developed during the Heian period and is shown in picture scrolls to decorate gates, corridors, and palanquins . The oldest existing karahafu is found at Hōryū-ji temple. Initially, the kara-hafu was used only in temples and aristocratic gateways, but starting from

2520-409: The middle of the roof, or the entire gable itself may be a curved structure. Hira-kara-mon (平唐門) are distinguished with two kara-hafu on the left and right sides of the gate. This type of gate was originally used at palaces, and was once called miyuki-mon (御幸門). Kara-yotsu-ashi-mon (唐四脚門, "Four-legged gate") is an ornate style of kara-mon that features four undulating gables on all sides of

2576-475: The operation of several specified "major bodily functions". The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court's finding that an impairment that substantially limits one major life activity must also limit others to be considered

2632-406: The outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive." The National Federation of Independent Business , an organization that lobbies for small businesses, called the ADA "a disaster for small business". Pro-business conservative commentators joined in opposition, writing that

2688-501: The passage of the ADA, the use of captioning has expanded. Entertainment, educational, informational, and training materials are captioned for deaf and hard-of-hearing audiences at the time they are produced and distributed. The Television Decoder Circuitry Act of 1990 requires that all televisions larger than 13 inches sold in the United States after July 1993 have a special built-in decoder that enables viewers to watch closed-captioned programming. The Telecommunications Act of 1996 directs

2744-498: The regulation of the internal employment of churches was "... an improper intrusion [of] the federal government." Many companies, corporations, and business groups opposed the Americans with Disabilities Act, arguing that the legislation would impose costs on businesses. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to

2800-552: The report was to recommend the adoption of comprehensive civil rights legislation, which became the ADA. The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late 1988 and early 1989. In early 1989 both Congress and the newly inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws. Over

2856-475: The requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether

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2912-536: The security of the property by ensuring that the gate is closed and latched properly. There are various types of gate closers available, including exposed spring devices, gate closers, spring hinges, and self-closing hinges. The appropriate type of closer will depend on the weight and size of the gate, as well as other factors like speed control, weather resistance, and ADA compliance . Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 or ADA ( 42 U.S.C.   § 12101 )

2968-428: The swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions. ADA provides explicit coverage for service animals . Guidelines protect persons with disabilities and indemnify businesses from damages related to granting access to service animals. Businesses are allowed to ask if

3024-510: The years, key activists and advocates played an important role in lobbying members of the U.S. Congress to develop and pass the ADA, including Justin Whitlock Dart Jr. , Patrisha Wright and others. Wright is known as "the General" for her work in coordinating the campaign to enact the ADA. She is widely considered the main force behind the campaign lobbying for the ADA. Senator Bob Dole

3080-405: Was a supporter and advocate for the bill. Conservative evangelicals opposed the ADA because the legislation protected individuals with HIV, which they associated with homosexuality. The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. The Association of Christian Schools International opposed the ADA in its original form, primarily because

3136-470: Was its chief sponsor in the Senate. Harkin delivered part of his introduction speech in sign language, saying it was so his deaf brother could understand. President George H. W. Bush , on signing the measure on July 26, 1990, said: I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and

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