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Aprueban nueva versión de la Ley de Recreación Inclusiva

3 December 2023
aprueban nueva version de la ley de recreacion inclusiva 1

Aprueban nueva versión de la Ley de Recreación Inclusiva

The Puerto Rican Legislature has approved a new version of the Inclusive Recreation Law, aimed at ensuring that all public parks are accessible for individuals with disabilities. According to data from the 2010 Census, 20% of the Puerto Rican population has some form of disability. The Senate Bill 1253, which was approved during the 6th ordinary session, mandates the Department of Recreation and Sports, the Office of the Advocate for Persons with Disabilities, and the Municipalities of Puerto Rico to create a Special Registry of Inclusive Sports and Recreational Facilities. This registry will identify all inclusive parks and sports facilities by municipality, ensuring their compliance with the American with Disabilities Act and the Revised Standards for Accessible Design.

Aprueban nueva versión de la Ley de Recreación Inclusiva

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Aprueban nueva versión de la Ley de Recreación Inclusiva

Good news for the disability community in Puerto Rico! A new version of the Law of Inclusive Recreation has been approved by the legislature. This law aims to ensure that all public parks and recreational facilities are accessible and inclusive for individuals with disabilities. With a 20% disability rate in the Puerto Rican population, this law will have a significant impact on improving the lives of thousands of people. Let’s take a closer look at the provisions of this new law and what it means for the community.

Background

To understand the significance of this new law, let’s first look at the disability rates in Puerto Rico. According to the 2010 Census data, 20% of the Puerto Rican population has some form of disability. This indicates a substantial need for accessible and inclusive recreational facilities.

It’s important to note that a previous version of the proposed law was already approved by the legislature – the Senate Bill 487. However, this version was vetoed by Governor Pedro Pierluisi due to concerns about assigning responsibilities to the Office of Protection and Advocacy for Persons with Disabilities. The office is subject to federal regulations, making it inappropriate to allocate state roles and agency funds. This led to the development of a new version of the law.

Aprueban nueva versión de la Ley de Recreación Inclusiva

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Provisions of the New Law

The new version of the Law of Inclusive Recreation includes several provisions to ensure accessibility and inclusivity in public parks and sports facilities. Let’s explore each provision in detail:

Creation of the Special Register of Inclusive Sports and Recreational Facilities

One of the key provisions of the law is the creation of a Special Register of Inclusive Sports and Recreational Facilities. This register will be established by the Department of Recreation and Sports, in collaboration with the Office of the Procurator for Persons with Disabilities and the Municipalities of Puerto Rico. The purpose of this register is to identify all parks and sports facilities in each municipality that meet the criteria for accessibility and inclusivity.

Identification of inclusive parks and sports facilities by municipality

The Special Register will serve as a comprehensive database of inclusive parks and sports facilities, categorized by municipality. This will enable individuals with disabilities to easily identify the accessible recreational options in their area. The inclusion of this provision will help promote a more inclusive and accessible environment for individuals of all abilities.

Compliance with the American with Disabilities Act and Accessible Design Standards

To ensure that the parks and sports facilities meet the required accessibility standards, the law emphasizes compliance with the American with Disabilities Act (ADA) and Accessible Design Standards. These regulations provide guidelines on accessibility features, such as ramps, handrails, and accessible restrooms. By adhering to these standards, the aim is to provide equal opportunities for individuals with disabilities to enjoy recreational activities.

Responsibilities of the Defensoría de las Personas con Impedimentos

The new law designates the Defensoría de las Personas con Impedimentos (Office of the Ombudsperson for Persons with Disabilities) with important responsibilities. This office will be responsible for designing and installing a certification label on each facility that meets the accessibility requirements. The label will indicate that the facility is barrier-free for individuals with disabilities. Additionally, the label will provide contact information for reporting any obstacles or issues related to the facility’s accessibility.

Certification of barrier-free facilities

The certification label mentioned earlier will serve as proof that a facility is accessible and inclusive. The label will be placed in a visible location, easily accessible to users and the general public. This visible certification will ensure that individuals with disabilities can confidently use and enjoy the facility without facing any barriers. The Office of the Ombudsperson will diligently address any reported issues within a reasonable timeframe.

Reporting obstacles or issues

To address any barriers or issues related to accessibility, the law encourages individuals to report them to the Office of the Ombudsperson. The office will take prompt action to investigate and resolve the reported obstacles. By providing a platform for reporting, the law ensures that any accessibility concerns are effectively and efficiently addressed.

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Fines for non-compliance

To enforce compliance with the law’s provisions, fines will be imposed on facilities that fail to adapt and meet accessibility requirements. Non-compliant recreational facilities will face a minimum fine of $2,000 per facility. These fines will serve as a deterrent and encourage facilities to make necessary adaptations to become accessible and inclusive.

Administration of funds by the Department of Recreation and Sports

The Department of Recreation and Sports will be responsible for administering and managing the funds obtained from the fines imposed on non-compliant facilities. These funds will contribute to furthering the development and improvement of inclusive recreational opportunities in Puerto Rico. The proper administration of these funds is crucial to ensure the successful implementation of the law’s provisions.

Next Steps

The newly approved version of the Law of Inclusive Recreation now awaits the consideration of Governor Pedro Pierluisi. He has the option to either approve or veto the law. With the significant benefits this law will bring to the disability community in Puerto Rico, it is hoped that Governor Pierluisi will see the value in approving it. Once approved, the law will mark a significant step forward in creating an inclusive and accessible environment for individuals with disabilities.

Conclusion

The approval of the new version of the Law of Inclusive Recreation is a milestone for the disability community in Puerto Rico. With the creation of the Special Register, identification of inclusive parks and sports facilities, and emphasis on compliance with accessibility standards, the law aims to provide equal opportunities for individuals with disabilities to engage in recreational activities. The responsibilities of the Office of the Ombudsperson, certification of barrier-free facilities, and fines for non-compliance further reinforce the commitment to accessibility and inclusivity. With continued efforts towards creating an inclusive society, Puerto Rico is taking significant steps towards ensuring that everyone can enjoy the benefits of recreational activities, regardless of their abilities.

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