At 03:16 PM 4/11/2008 Laura Abrams wrote:
>Has anyone had any experience arguing an exception from ADA requirements to
>put in an elevator...

I wouldn't start by asking for an exception.   If you are operating 
proactively rather than responding to specific complaints, you can 
probably determine the best course by looking at the considerable 
precedent for people in your particular circumstance.  If you are 
responding to complaints, start negotiating "in good faith."  Let the 
concerned parties tell you what they think the options are within the 
specific constraints of your institution.

>intellectual access to the exhibits or
>programming on the second floor of a museum?

In my limited experience that is exactly the wrong argument.  Think 
"separate but equal."  Not a good foot to stand on.  The principle is 
"reasonable accommodation" and it starts with what constitutes 
"reasonable" for your institution.  An elevator in new or renovated 
construction is entirely reasonable.  Tearing holes in a historic 
home to provide access to the second floor - generally not 
reasonable.  The burden to your institution vs. the benefit 
provided.  It is quite possible that your idea will be well received, 
but only after the better option, full access, has been deemed "unreasonable."

Just my two cents.  There are many experts with more specific advise 
for your particular situation.

~~~~~~~~~~~~~~~~~~~~~~~
             Tod Hopkins
         Hillmann & Carr Inc
    2121 Wisconsin Ave., NW
      Washington, DC  20007
             202-342-0001
       www.hillmanncarr.com
~~~~~~~~~~~~~~~~~~~~~~~  

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