U.S. Department of Justice
Civil Rights DivisionDisability Rights Section
Enforcing the ADA
A Status Report from the Department of Justice
(July - September 1998)
This Status Report covers the ADA activities of the Department of Justice during the third quarter (July-September) of 1998. This report, previous status reports, and a wide range of other ADA information are available through the Department s ADA Home Page on the World Wide Web (see page 17). The symbol (**) indicates that the document is available on the ADA Home Page.
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ADA Litigation
Formal Settlement Agreements
Other Settlements
Mediation
Certification
Technical Assistance
Other Sources of ADA Information
How to File Complaints
1998, Issue 3
The Americans with Disbilities Act (ADA) is a comprehensive civil rights law for people with disabilities. The Department of Justice enforces the ADA's requirements in three areas -
Title I: Employment practices by units of State and local government
Title II: Programs, services, and activities of State and local government
Title III: Public accommodations and commercial facilities
I. Enforcement
Through lawsuits and both formal and informal settlement agreements, the Department has achieved greater access for individuals with disabilities in hundreds of cases. Under general rules governing lawsuits brought by the Federal Government, the Department of Justice may not file a lawsuit unless it has first unsuccessfully attempted to settle the dispute through negotiations.A. Litigation
The Department may file lawsuits in Federal court to enforce the ADA and may obtain court orders including compensatory damages and back pay to remedy discrimination. Under title III the Department may also obtain civil penalties of up to $50,000 for the first violation and $100,000 for any subsequent violation.
1. Decisions
Bar Applicant with Learning Disability is Entitled to Testing Accommodations
-- The U.S. Court of Appeals for the Second Circuit ruled, as urged in an
amicus brief by the Department of Justice, that a bar applicant with dyslexia
is a person with disability under title II of the ADA and that she is entitled
to accommodations, including extra time, for taking the New York State Bar
Examination. The court of appeals found in Bartlett v. New York State
Board of Law Examiners that, because of her dyslexia, the applicant
s ability to decode words in a timely fashion is significantly restricted
as compared to the average person in the general population. The court did
not take into account the applicant s history of self-adjustments, which
has allowed her to achieve roughly average reading skills on some measures,
in determining whether her dyslexia substantially limits the major life
activities of reading or learning. The case was sent back to the district
court for reconsideration of the amount of damages to be awarded.
Arrest Procedures are Covered by the ADA -- The failure by
Kansas City, Missouri, police to properly transport a wheelchair user who
was arrested is covered by title II, according to the U.S. Court of Appeals
for the Eighth Circuit in Gorman v. Bartch. The plaintiff suffered
neck and shoulder injuries when police failed to properly secure him for
the trip to the police station. As urged by the Department in an amicus
brief, the court relied on the broad language of title II which covers the
programs, services, and activities of all public entities. The court found
support for a broad interpretation in the Supreme Court s decision in Pennsylvania
Department of Corrections v. Yeskey, which held that activities of State
prisons are covered by title II. The Eighth Circuit also rejected arguments
that arrest procedures are not covered because being arrested is not a voluntary
activity. It found that transportation of arrestees is a ìserviceî
of a police department and that safe handling and transportation is a ìbenefitî
which title II requires to be provided in a nondiscriminatory manner.
Plaintiffs May File Transit Lawsuit without First Complaining to DOT
-- The U.S. District Court for the Central District of California ruled
in Beauchamp v. Los Angeles County Metropolitan Transit Authority,
as urged in the Department s amicus brief, that plaintiffs do not have to
exhaust administrative remedies with the U.S. Department of Transportation
before filing a title II lawsuit. The plaintiffs are a group of individuals
who use wheelchairs and other moblity-assistance devices who have filed
suit against the Los Angeles MTA and a private contractor, Ryder/ATE, for
failing to comply with the ADA s mass transit requirements. Among the claims
raised by the plaintiffs is a continuous pattern of malfunctioning wheelchair
lifts and securement equipment on MTA buses as well as driver refusals to
pick up persons with disabilities and a failure to train the drivers in
the proper use of the lifts and the securement equipment.
Ninth Circuit Requires Intentional Discrimination for Damages under
Title II -- The U.S. Court of Appeals for the Ninth Circuit decided
in Ferguson v. City of Phoenix that plaintiffs must prove intentional
discrimination to recover compensatory damages under title II. The lawsuit
was brought by TDD users who were unable to communicate by TDD with the
Phoenix 9-1-1 emergency service, because the city s system was not properly
designed to recognize TDD calls. The district court entered a consent order
mandating changes in Phoenix s 9-1-1 system to ensure direct access to TDD
users. The court, however, held that plaintiffs could not be awarded compensatory
damages under title II without showing that Phoenix acted with discriminatory
intent. On appeal, the Ninth Circuit rejected the argument made by the Department
in its amicus brief that no showing of intentional discrimination was required,
and further concluded that there was no evidence that the city engaged in
intentional discrimination.
Title III
Hotel Franchisor May Be Held Responsible for New Construction Violations
by Franchisee -- The U.S. Court of Appeals for the Eighth Circuit
ruled in United States v. Days Inns of America that a franchisor
may be held liable for a franchisee s failure to design and construct a
hotel to meet the accessibility requirements of the ADA, if the franchisor
had a significant degree of control over the final design and construction
of the facility and knew that the plans for the facility did not comply
with the ADA. In this lawsuit the Department of Justice alleged that a newly
constructed Days Inn hotel in Wall, South Dakota, was built without an elevator
and failed in other ways to comply with the ADA s architectural requirements
for new construction. The Department reached a settlement with the South
Dakota hotel s owners, architect, and contractor. The district court, however,
ruled in favor of Days Inns of America (DIA), the hotel s nationwide franchisor.
The court of appeals reversed the lower court, finding that DIA had authority
under the franchise agreement to require that the hotel comply with the
ADA. It sent the case back to the district court to give the Department
of Justice the opportunity to prove that DIA knew that the plans did not
comply with the ADA Standards for Accessible Design and that DIA was therefore
liable for the violations.
"Stadium-style"Movie Theaters Must Provide Comparable Sight
Lines -- The U.S. District Court for the Western District of Texas
ruled in Lara v. Cinemark, USA, Inc. that seating for wheelchair
users in newly constructed, ìstadium-styleî movie theaters
must provide lines of sight that are at least similar to those of the average
patron and cannot be limited to the worst seats in the house. In stadium-style
theaters, wheelchair seating is often placed in rows at the front of the
theater directly below the screen, while seating for most of the general
public is placed on risers in the stadium portion of the theater. The result
is that the public is provided enhanced sight lines and comfort, while wheelchair
users are relegated to some of the worst seating in the theater. In Lara
the Department filed an amicus brief on behalf of a group of individuals
with disabilities who claim that Cinemark USA violated the ADA in the design
and construction of a 20-screen, stadium-style theater complex in El Paso,
Texas. The court agreed with the Department that the El Paso complex violates
the ADA s requirement for comparable lines of sight. No decision has been
made yet on what remedies are appropriate.
Doctor with Staff Privileges May Sue ospital under Title III
-- The U.S. Court of Appeals for the Third Circuit ruled in Menkowitz
v. Pottstown Memorial Medical Center that a physician diagnosed with
attention deficit disorder who has staff privileges, but who is not a hospital
employee, may challenge his dismissal under title III. The lower court had
found that title III only protects clients or customers of a place of public
accommodation. The Department s amicus brief in the court of appeals argued
that title III s protections are not limited to clients and customers, but
extend also to volunteers and other participants, such as doctors with admitting
privileges, who may be denied the full and equal enjoyment of the privileges
of a place of public accommodation.
New Actions Defend the Constitutionality of the ADA -- The Department intervened in a number of additional cases where States are arguing that it is unconstitutional for Congress to permit ADA lawsuits directly against State governments. In general, the States assert that Congress lacks authority under the Fourteenth Amendment to subject States to lawsuits under the ADA, because the ADA s protections go beyond equal protection rights guaranteed by the U.S. Constitution. The Department intervened in each of the following cases to argue that the ADA is constitutionally appropriate legislation to remedy the history of pervasive discrimination against people with disabilities --2. New lawsuitsThe Department initiated or intervened in the following lawsuits.
Amos v. Maryland Department of Public Safety (4th Circuit -- title II suit challenging lack of program accessibility in Maryland prisons)
K.L. v. Valdez (10th Circuit -- title II suit challenging discrimination against children with severe mental or developmental disabilities)
Muller v. Costello (2d Circuit -- title I employment suit against New York prison)
Martin v. Kansas (10th Circuit -- title I employment suit against Kansas prison)
Roberts v. New York Department of Correctional Services (Western District of New York -- employment suit under titles I and II challenging failure to provide reasonable accommodation)
Brown v. Chiles; Wolf Prado-Steiman v. Chiles; and Murray v. Bock (Southern District of Florida -- title II suits challenging alleged failure to provide services to persons with developmental disabilities in the most integrated setting appropriate to their needs).
3. Consent DecreesSome litigation is resolved at the time the suit is filed or afterwards by means of a negotiated consent decree. Consent decrees are monitored and enforced by the Federal court in which they are entered.
Title III
United States v. A.B.C. Nursery, Inc. -- The U.S. Attorney for the
Western District of Wisconsin entered into a consent decree resolving a
lawsuit filed against ABC Nursery, Inc., in Beloit, Wisconsin, for allegedly
refusing to admit a three-year-old boy because he had tested positive for
HIV. Earlier this year consent decrees were filed against two other Beloit
child care centers, resolving similar allegations of discrimination against
the same child. All three centers have agreed that a child with HIV infection
is disabled under the ADA and that such a child cannot be refused admission
to child care programs because of his or her HIV-positive status. The three
centers agreed to sponsor, with the participation of the U.S. Attorney s
Office, an informational meeting in Beloit for interested child care providers,
parents, and staff to discuss the ADA and HIV.
The Department files briefs in selected ADA cases in which it is not a party in order to guide courts in interpreting the ADA.4. Amicus Briefs
Title I
Cleveland v. Policy Management Systems Corporation -- In response
to a request from the Supreme Court for its views, the United States filed
an amicus brief urging the Court to review a decision by the U.S. Court
of Appeals for the Fifth Circuit in Cleveland v. Policy Management Systems
Corp., on the effect of an application for Social Security benefits
on an employee s ADA claim. The district court agreed with the employer
that the employee s representations in her application for Social Security
benefits -- that she was unable to work because of a disability -- prevented
her from claiming that she is a "qualified individual with a disability"
under the ADA. On appeal, the Fifth Circuit ruled that a Social Security
applicant who claims inability to work should not be automatically barred
from bringing an ADA suit. However, it decided that courts should presume
that such a Social Security applicant is not ìqualifiedî under
the ADA, unless ìunder some limited and highly unusualî circumstances
the claimant is able to introduce evidence that he or she is in fact qualified.
The United States amicus brief urges the Court to review the Fifth Circuit
s decision because there is disagreement in the courts of appeals on this
issue. It also argues that the Fifth Circuit ìpresumptionî
is incorrect -- that courts should not assume that receipt of Social Security
benefits and a title I lawsuit are mutually exclusive. The brief argues
that because the qualification standards under Social Security and the ADA
are different, application for or receipt of Social Security benefits is
not by itself inconsistent with being a qualified individual with disabilities.
For example, Social Security does not consider reasonable accommodation
in determining whether an applicant is able to perform the applicant s past
or other work.
Title II
Brown v. Chiles -- The Department filed an amicus brief in the
U.S. District Court for the Southern District of Florida on behalf of a
class of individuals with developmental disabilities who claim that the
State s failure to provide them with community-based services violates their
title II right to receive services in the most integrated setting appropriate
to their needs. The State has asked the court to dismiss the case, arguing
that the failure to provide adequate community-based services to individuals
with developmental disabilities is not discrimination under title II, because
nondisabled persons do not receive these services either. The Department
s brief argues that because of the language of the ADA, its legislative
history, and the Department s interpretation of its own regulations, it
is not necessary for people with disabilities to compare the treatment they
receive with that received by nondisabled persons in order to allege a violation
of the ìintegrated settingî requirement. The Department has
also intervened in the case to defend the constitutionality of that part
of the ADA that allows States to be sued under title II.
Rogers v. South Carolina Department of Health and Environmental Control
-- The Department argued in an amicus brief filed with the U.S. Court of
Appeals for the Fourth Circuit that title II covers the employment practices
of public entities. The suit challenges the distinctions between mental
disorders and physical disorders in the benefits available under the State
s long-term disability plan for its employees. The lower court ruled that
title II covers employment but found that the long-term disability plan
is not discriminatory. The Department s brief in the court of appeals argues
that the broad language of title I and its legislative history make clear
that Congress intended there to be employment coverage under title II, as
well as title I, with title II procedures patterned after those of section
504 of the Rehabilitation Act.
Title III
Martin v. PGA Tour -- The Department filed an amicus brief in
the U.S. Court of Appeals for the Ninth Circuit in support of Casey Martin,
a professional golfer from Eugene,Oregon, with a rare disability, Klippel-Trenaunay
Syndrome, that substantially limits his ability to walk. Martin challenged
the PGA Tour s refusal to waive its no-carts rule and permit him to ride
a cart in its golf tournaments. The PGA argued that its rules governing
tournament competition were not covered by title III because the area of
the golf course that is restricted to competitors is not open to the general
public and is not a ìplace of public accommodation.î It also
argued that the modification would ìfundamentally alterî the
competition and thus was not required by the ADA. The district court rejected
both of these arguments. It concluded that the PGA s rules are subject to
title III and that permitting Martin to use a cart would not fundamentally
alter the competition because walking is not essential to golf. The Department
s amicus brief argues that the district court rulings on both the coverage
issue and the no-carts rule should be upheld. It argues that facilities
or parts of facilities with controlled access or selective admissions criteria
can still be places of public accommodation under title III as are, for
example, private schools. Therefore, PGA policies affecting competition
on the fairways and greens are covered by title III in the same way as are
PGA rules affecting the public spectator areas. It also asserts that allowing
Martin to use a cart is a reasonable modification that does not alter any
essential element of the game of golf, because the PGA allows the use of
carts in some tournaments. In addition, modifying the no-carts rule does
not disturb the competitive balance of the game because, as the evidence
in the district court showed, the fatigue Martin endures even when using
a cart is greater than that experienced by other golfers who walk.
World Insurance Company v. Branch -- The Department filed an amicus
brief in the U.S. Court of Appeals for the Eleventh Circuit supporting a
challenge to an insurance policy s $5,000 cap on lifetime benefits for AIDS-related
illnesses. The policy allowed two million dollars in lifetime benefits for
most other conditions. The plaintiff, who has since died, incurred about
$75,000 in AIDS-related medical expenses that the insurance company refused
to reimburse. The U.S. District Court for the Northern District of Georgia
ruled in the plaintiff s favor, finding that the cap was unlawful disability-based
discrimination that was not exempt from challenge under the ADA. The Department
s amicus brief argues in the court of appeals that title III covers disability-based
discrimination in the terms and conditions of insurance policies; the plaintiff
was entitled to bring a title III claim because he purchased the policy
directly from the insurance company and not through an employer; the imposition
of a $5,000 lifetime cap for treatment of AIDS-related conditions, but not
other illnesses, is disability-based discrimination under the ADA; and the
insurance company did not qualify for the ADA s insurance exemption because
it failed to produce objective evidence that the AIDS cap complied with
State law.
Harnois v. Christy s Market, Inc; Kitson v. Peoples Heritage Savings
Bank -- The Department filed amicus briefs in Federal district courts
in Maine and New Hampshire arguing that thirty days prior notice to State
and local authorities is not required before a title III suit may be filed.
In Harnois v. Christy s Market the plaintiff alleged that several
Christy s Markets locations in Maine are inaccessible. In Kitson v. Peoples
Heritage Savings Bank the plaintiff, a blind individual who is a petitioner
in a bankruptcy proceeding, alleged that a New Hampshire bank failed to
provide audio recordings of the mortgage contract and related documents.
The Department s brief in Kitson also argues that the plaintiff has
standing to seek a court order preventing future violations of title III,
because the defendant s past refusal to provide the recordings strongly
indicates that it will continue to do so in the future.
B. Formal Settlement Agreements
The Department sometimes resolves cases without filing a lawsuit by means of formal written settlement agreeents.
Title II
** McDowell County, West Virginia --
The Department reached a settlement with McDowell County, West Virginia,
resolving a complaint that the county s facilities, including its courthouse,
were not accessible to individuals with mobility impairments. The county
agreed to complete structural changes necessary to make the commissioner
s office, sheriff s department, courthouse annex, and first floor of the
main courthouse accessible by September 1, 1998. It also adopted a policy
providing for proceedings scheduled for the second and third floors of the
courthouse to be moved to an accessible location upon request by a person
with a disability. In addition, staff of the county land office, which is
located in an inaccessible basement, will meet with individuals with disabilities
at alternative accessible locations or in their vehicles.
Bogalusa, Louisiana -- The City of Bogalusa, Louisiana, agreed to
complete its self-evaluation and transition plan.
Lehigh County, Pennsylvania -- The Department entered a settlement
agreement with Lehigh County resolving a complaint alleging problems with
the county s ADA grievance procedure. The county agreed to adopt and post
a written policy statement indicating procedures to obtain reasonable modifications
to policies, practices, and procedures. In addition, the county will adopt
and publish a procedure for providing prompt and equitable resolution of
complaints, including the name, telephone number, and office address of
the ADAcoordinator.
Lancaster, Pennsylvania -- The Department entered into a settlement
agreement with the Police Department of Lancaster, Pennsylvania, resolving
a complaint alleging a failure to provide effective communication. The complainant,
who is deaf and uses sign language for communication, alleged that she was
detained by the police department for over three hours without explanation,
and that a requested interpreter was not provided. The police department
agreed to adopt guidelines for effective communication in police situations,
including the provision of interpreters when necessary, and to train personnel
in carrying out the guidelines. It will also purchase TDD equipment and
train police personnel in its use.
Title I
Arizona and North Carolina Agree Not To Discriminate Against School Bus Drivers With Diabetes -- School bus drivers in Arizona and North Carolina will no longer face discrimination in hiring or risk being fired just because they use insulin to control diabetes. Two out-of-court agreements with the Department of Justice settled complaints that school districts in Arizona and North Carolina fired diabetic school bus drivers with accident-free driving records. Under Arizona and North Carolina law, persons with diabetes who use insulin were barred from operating a school bus. The Arizona Department of Transportation and the North Carolina Division of Motor Vehicles applied their laws without regard to whether a person s condition actually prevented them from safely operating a vehicle. Under both agreements, the States will stop the practice of automatically
barring individuals from operating a school bus who use insulin to control their diabetes. North Carolina will enact new regulations. Consistent with the ADA s requirements, the States will rigorously assess people with diabetes who use insulin on an individual basis to see if the person s diabetes can be controlled and monitored. Drivers who are deemed eligible to operate a school bus also will be subject to stringent self-monitoring and other requirements designed to ensure continued safety. Under the agreements, the Arizona complainant will receive $10,000 and the North Carolina complainant $9,000. For several years, the two individuals had operated school buses for local school districts safely and without any health-related incidents. They ultimately were terminated by their school districts because of their use of insulin. The Yuma, Arizona, Elementary School District No. 1 has agreed to reinstate one person to her school bus driver position.
Title II (continued)
Thousand Oaks, California -- The Department entered an agreement
with the City of Thousand Oaks, California, resolving a complaint alleging
that the Thousand Oaks Civic Arts Plaza, was built in violation of the ADA
s requirements for new construction. Under the agreement, Thousand Oaks
has both added and relocated accessible seating spaces in the Civic Arts
Plaza, ensured that the accessible route from the seating area to the stage
is equivalent to the route provided to the general public, constructed an
accessible entrance into the control room, provided a public text telephone,
installed accessible signage at accessible parking spaces and unisex toilet
rooms, installed required visual alarms throughout the Civic Arts Plaza,
and provided accessible benches in the dressing rooms. Thousand Oaks will
also renovate the shower stalls and the toilet rooms to make them accessible
and add accessible signage identifying exits.
Mendocino County, California -- The Department completed a settlement
agreement with Mendocino County, California, resolving a complaint alleging
that the county courthouse is inaccessible to individuals with mobility
impairments. The complaint alleged that the mezzanine levels of the building
where several courtrooms are located are accessible only by stairs, that
there are no accessible bathrooms in the building, and that no accessible
parking spaces are provided outside the courthouse. The agreement requires
the county to undertake modifications, including working with the City of
Ukiah to install a van-accessible parking space and ensure that the path
of travel into the building is accessible, installing accessible entrances
that are at least 32-inches wide at County offices throughout the courthouse,
undertaking additional improvements in the accessible courtroom to make
it more accessible, installing accessible signage throughout the building,
making improvements to the elevator to make it more accessible, and modifying
at least one set of restrooms in the facility to comply fully with the ADA
Standards for Accessible Design. The county will also adopt written policies
stating that court proceedings taking place in inaccessible courtrooms will
be relocated to an accessible courtroom upon the request of a court participant,
juror, or spectator with a disability.
Van Buren County, Tennessee -- The Department entered into an agreement
with Van Buren County, Tennessee, to resolve a complaint in which it was
alleged that programs, services, and activities offered in the county s
courthouse are not accessible to persons using wheelchairs. The complainant
also alleged that the county had not appointed an employee responsible for
coordinating its efforts to comply with the requirements of title II. Under
the agreement the county appointed an ADA coordinator and formally agreed
to take specific steps to ensure that meetings and court proceedings ordinarily
held in the courthouse are accessible to persons using wheelchairs.
Johnson County, Tennessee -- Johnson County will renovate its courthouse
to make it accessible to people with disabilities. It also agreed that county
personnel will meet individuals with disabilities at accessible locations
when services, programs, and activities are not provided in accessible buildings.
** Fairfax County, Virginia -- The Department
entered into a settlement agreement on effective communication issues with
the Office of the Sheriff for Fairfax County, Virginia, which operates the
county jail. The complainant, an arrestee who is deaf, alleged that there
was a public telephone in the jail cell, but that a TDD was not available
for his use. The complainant further claimed that he was not provided with
an interpreter, and that none of the jail officials wrote notes to him.
The agreement requires the sheriff to post a sign at the booking desk stating
that a TDD is available, add a question on its booking form so that the
booking officer can determine if an inmate needs an interpreter or other
aid to effectively communicate, and retrain its deputies on how to effectively
communicate with deaf inmates.
U.S. Attorneys Achieve More 9-1-1 Agreements -- In a continuing nationwide compliance effort, U.S. Attorney s offices entered written agreements to ensure direct, equally effective access for TDD users to 9-1-1 emergency systems in ten additional localities --
Assumption Parish, Louisiana
Gallatin, Tennessee
Davenport, Louisiana
Hendersonville, Tennessee
St. James Parish, Louisiana
Portland, Tennessee
Lauderdale County, Mississippi
Sumner County Sheriff, Tennessee
Cheatam, Tennessee
Eau Claire Police Department, Wisconsin
The agreements require each 9-1-1 center to have TDD capability at each call-taker position, to query every ìsilent callî with a TDD, and to thoroughly train each call taker in handling TDD calls.
Title III
** Airlie Conference Center, Warrenton,
Virginia -- The Airlie Foundation agreed to make accessible its conference
and retreat center near Washington, D.C. The Airlie Conference Center s
main conference building, Airlie House, is a historic structure that has
been expanded over time to include nine separate levels. The primary campus
buildings are historic houses and former farm buildings -- stables, a silo,
a hayloft, tackrooms -- that have been converted into meeting and sleeping
rooms. Renovations and additions have resulted in a multi-level mix of structures
that cover a hilly 100-acre campus, and present significant access problems.
The Foundation agreed to construct an addition to Airlie House that will
house an elevator, completely accessible toilet facilities, an office, and
other amenities. Upon completion of this addition, visitors to Airlie House
will have access to all major facilities in the building, including the
main dining room and Airlie Center s largest conference room, both of which
had been completely inaccessible. The Foundation has also agreed to make
numerous changes to facilities campus-wide and to provide accessible parking
at these facilities. In addition, a number of significant changes, such
as the addition of fully accessible guest rooms, were made during the Department
s investigation. The Foundation has also agreed to pay $2,000 in damages
to the complainant.
Indiana Beach Water Park, Monticello, Indiana -- Indiana Beach Water
Park agreed to keep all of its accessible beach entrances open during renovations.
The complainant, who uses a motorized electric scooter, alleged that, when
she and her family visited Indiana Beach and attempted to enter the beach
area, they found that the previously existing accessible walkway had been
removed and that they could not find any other way to access the beach.
The complainant had to wait in the car while her family spent the day at
the beach. Indiana Beach agreed to pay $200 in damages to the complainant.
** Lawyer s Advocate, Inc., Broomfield, Colorado
-- Lawyer s Advocat, Inc., an organization that provides legal training
seminars to lawyers has agreed to provide appropriate auxiliary aids and
services, including interpreters, for students with disabilities. The settlement
resolves a complaint alleging that Lawyer s Advocate failed to provide a
qualified sign language interpreter for a person who wanted to attend a
seminar in 1996. The audio tapes and course book offered as an alternative
were not adequate because of the interactive nature of the seminar. Lawyer
s Advocate will also offer to the complainant the opportunity to participate
in an upcoming training seminar with a qualified sign language interpreter
free of charge and at her convenience.
** Waiting Lines will be Accessible at Wendy s Restaurants -- Nearly 1,700 Wendy s restaurants will become more accessible to their customers with disabilities under an agreement reached with the Department of Justice and nine State attorneys general. The out-of-court agreement stems from a joint nationwide investigation of the restaurant chain by the Department of Justice and nine States -- the first time the Department has teamed up with States to launch an investigation under the ADA. Under the agreement, Wendy s International, Inc. will either widen the queues in which customers wait to order food, or remove the railings or other dividers marking the queues to accommodate customers who use wheelchairs. Prior to today s agreement, customers who use wheelchairs had to cut to the front of the line or stand outside the customer queue and wait to be recognized by a restaurant employee because the queues were too narrow. The agreement resolves a two-year investigation into access issues at Wendy s restaurants by the Department of Justice and State attorneys general from Arizona, California, Florida, Illinois, Kansas, Massachusetts, Minnesota, Pennsylvania, and West Virginia. The joint task force visited newly constructed and older Wendy s restaurants in 12 states, which include the nine states, as well as Louisiana, Ohio, and Washington.
Monterey Days Inn, Monterey, California -- The Monterey Days Inn
agreed to make renovations that will provide access to guests with disabilities.
The complaint alleged that none of the Days Inn s 35 rooms (constructed
in the 1950 s) were accessible. Under the agreement, the Days Inn will renovate
one room immediately to make it fully accessible and provide another accessible
room by June 30, 1999. Further, the Days Inn is immediately required to
undertake other improvements, including providing two accessible parking
spaces, reducing the height of the threshold that exists at the lobby entrance,
providing a desk in the lobby to provide equivalent facilitation to persons
with disabilities for whom the registration desk is inaccessible, and acquiring
four sets of devices to assist persons with hearing impairments. Each set
is composed of a TDD, an auxiliary visual alarm, and a visual notification
device to alert a deaf or hard of hearing occupant of incoming telephone
calls or of a door bell or knock.
Best Western Marina Park Hotel, Miami, Florida -- The U.S. Attorney
for the Southern District of Florida reached an agreement that will vastly
improve accessibility at the Best Western Marina Park Hotel in Miami. The
Marina Park agreed to hold accessible rooms open for people with disabilities
until all other rooms are rented; remove barriers to access throughout the
hotel, including in the hotel entrance, parking, guest rooms, restaurant,
lobby areas and restrooms; and provide auxiliary aids. The hotel will have
six guest rooms accessible to persons with mobility and hearing impairments,
two of which will have roll-in showers, and an additional six guest rooms
accessible to persons who are deaf or hard of hearing.
Village Developers, Muncie, Indiana -- The U.S. Attorney for the
Southern District of Indiana entered an agreement to ensure accessible parking
in a private lot adjacent to a restaurant. The settlement agreement requires
Village Developers to designate the proper number of parking spots and provide
appropriate signage. In addition, Village Developers agreed to pay a civil
penalty of $2,000.
C. Other Settlements
The Department resolves numerous cases without litigation or a formal settlement agreement. In some instances, the public accommodation, commercial facility, or State or local government promptly agrees to take the necessary actions to achieve compliance. In others, extensive negotiations are required. Following are some examples of what has been accomplished through informal settlements.
Title II
A Utah county sheriff s department developed policies, procedures, and
training to ensure effective communication in law enforcement situations
for individuals who are deaf or hard of hearing.
A southern State commission of law enforcement standards and training reinstated
a part-time police officer who was dismissed from his position because the
vision in his right eye did not meet department standards. The commission
agreed to adopt a policy of making individualized determinations of ability
to perform essential job functions.
An Indiana county board of commissioners developed a transition plan and
made alterations to its city-county building, board of health office, and
county welfare building to provide accessibility. In addition, the county
made modifications so that individuals who are deaf or hard of hearing are
able o participate in programs, activities, and services.
An Indiana building authority agreed to make modifications to a building
that it owns and leases to a municipality. The building authority
developed and implemented a transition plan that included alterations to
make restrooms accessible. The building authority installed TDD equipment
and signage announcing the availability of the equipment, and posted a list
of personnel who are knowledgeable in its use.
A large California city installed a ramp to make the main entrance to one
of the buildings in its city hall complex accessible, created accessible
parking, and began the process of making the restrooms throughout that building
accessible. An earthquake then rendered the building unfit for occupancy.
The city plans to work with the ADA coordinator and architect to ensure
that repairs and alterations to the building comply with ADA standards.
A New Jersey police department adopted procedures to accommodate persons
with disabilities who are under arrest. These procedures include the use
of enlarged standard forms for persons with vision impairments and providing
written texts to allow deaf or hard of hearing persons to read their constitutional
rights.
A midwestern state prison purchased a TDD and installed a separate telephone
line for inmates who are deaf or hard of hearing.
A Washington county sheriff s office revised its manual to include information
on ADA compliance and incorporated ADA technical assistance materials in
its training program for deputies.
A Texas county youth center installed a permanent ramp to the main entrance,
provided accessible parking with appropriate signage immediately adjacent
to the entrance, and made alterations to the restroom to provide full accessibility.
Title III
An Alaska hotel added two accessible guest rooms and provided an accessible
entrance and accessible public restrooms.
A small group of supermarkets in Wisconsin adopted a written policy to provide
assistance in shopping to customers with disabilities. The policy includes
retrieving product items that are positioned on store shelves above the
reach of customers using wheelchairs and assisting customers with low vision
or those who are blind in finding items and determining product prices.
The store posted this policy in a large print format at the store service
desk and distributed the policy to all store employees.
An Indiana food store renovated its parking lot so that the accessible parking
spaces are now closer to the entrance and will not be obstructed by a temporary
greenhouse erected each spring.
A U.S. Attorney obtained an informal settlement in the following case
--
Southern District of Mississippi -- An annual outdoor air show and
exhibition agreed to provide at least 50 accessible parking spaces and an
additional eight to ten accessible van spaces, accessible toilet stalls
(one per cluster), and a sign language interpreter for one entire day of
the event, which consists of the same activities and performances presented
on three consecutive days. Training materials regarding disability awareness
and general information about the ADA are being distributed to volunteers
who staff the event.
II. Mediation
Through a technical assistance grant from the Department, The Key Bridge Foundation is accepting referrals of complaints under titles II and III for mediation by professional mediators who have been trained in the legal requirements of the ADA. More than 350 professional mediators are available to mediate ADA cases in **45 States. Over 80 percent of the cases in which mediation has been completed have been successfully resolved. Following are recent examples of results reached through mediation.- In Arkansas, wheelchair users complained that a restaurant did not have an accessible entrance. The owner agreed to install a ramp and to properly mark accessible parking spaces and the paths of travel. The owner also agreed to work with the complainants when planning any major renovations in the future and to provide disability awareness training for all employees.
- A wheelchair user complained that a California doctor s office did not have an accessible entrance or accessible parking. The doctor agreed to make the entrance accessible and to provide a van accessible parking space.
- A person who is deaf complained that, on several occasions, a Colorado medical center failed to follow its effective communication policy and did not always treat her with the same dignity and respect accorded other patients. The medical center agreed that, if a patient with a disability complains that an employee has not provided appropriate service, including a lack of effective communication, then the employee will be counseled and monitored to ensure that future communication is effective. The medical center agreed to survey patients who are deaf or hard of hearing to determine whether they were served properly and to identify areas for further training or education of employees. The medical center also agreed that, if a patient with a disability files a written complaint, the complaining patient will be contacted for additional information and will be informed to the extent permissible by law of the action taken in response to the complaint.
- In Colorado, a wheelchair user complained that a bar did not have accessible restrooms. The owner agreed to make the restrooms accessible.
- A wheelchair user complained that a Colorado restaurant did not have an accessible entrance or accessible restrooms. The owner agreed to install a ramp and to install grab bars in the restrooms. The owner also agreed to provide two free meals to the complainant.
- In Illinois, a person with a disability complained that a store refused to accept a State identification card in lieu of a driver s license. The store has an existing policy to accept a State identification card as an appropriate form of identification, but the employee serving the complainant did not follow that policy. The general manager of the store will meet with employees and reiterate which forms of identification are acceptable when customers are making purchases. The store agreed to send the complainant a $100 gift certificate.
- A wheelchair user complained that an Illinois restaurant did not have accessible restrooms. The owner agreed to renovate the restrooms to make them accessible for people with disabilities.
- In Massachusetts, a person with a hearing disability complained that three movie theaters did not have effective assistive listening systems and that films were shown in inaccessible auditoriums. All theater owners agreed to provide effective assistive listening systems and to establish a film rotation schedule to provide access for individuals who use wheelchairs.
- A wheelchair user complained that a Maryland restaurant did not have an accessible entrance or accessible restrooms. The owner agreed to make the front entrance accessible and to create an accessible unisex restroom.
- In Maryland, a wheelchair user cmplained that a group of movie theaters was not accessible and did not have accessible public telephones. The owner agreed to provide accessible seating in various locations in the theaters. The owner also agreed to relocate one phone in each theater to an accessible location and to arrange a meeting between the complainant and the theater manager to review the emergency evacuation plan for people with disabilities.
- In New Hampshire, a wheelchair user complained that a dentist s office was not accessible and did not have an accessible entrance. The dentist agreed to rebuild the ramp and modify the door so that the entrance is accessible and to instruct the office staff to keep the pathways in the office clear.
- A person who is deaf complained that a New York doctor refused to provide the services of a qualified sign language interpreter for an office visit. The doctor agreed to develop a policy for providing effective communication and to provide the services of a qualified sign language interpreter for the next office visit.
- A wheelchair user complained that an Oklahoma bank did not have an accessible counter, that staff was not available to provide service to patrons with disabilities, and that heavy doors to the bank s entrance made it impossible to enter the bank independently. The bank agreed to ensure that an accessible desk in the bank s lobby would be adequately staffed so that people with disabilities receive service as quickly as other patrons transacting similar business. The bank agreed to adjust the door tension at each of its two accessible entrances and to install a buzzer at the rear entrance to the bank for individuals who may need additional assistance to enter the bank. The bank also agreed to create an accessible parking space and a curb ramp at the rear entrance. The bank will also purchase a video to educate the staff regarding the ADA and other disability related issues.
- In Pennsylvania, a wheelchair user complained that a shopping center did not have enough accessible parking spaces or curb cuts. The manager of the shopping center agreed to create additional accessible parking spaces, including some van accessible parking spaces, throughout the lot in front of each of the businesses and to install curb cuts near these parking spaces. The manager of one of the stores in the center agreed to build a ramp to the store s entrance.
- A wheelchair user complained that a South Dakota wholesale warehouse did not have an accessible entrance. After determining that constructing a permanent ramp would not be readily achievable, the manager agreed to construct a removable ramp. The manager agreed to post a sign indicating the availability of the ramp and to publicize its availability in future television ads. The manager also agreed to make merchandise located upstairs available for viewing on the first floor.
- In Tennessee, a person with a disability complained that a bank refused to accept a State identification card in lieu of a driver s license. The manager agreed to change the bank s policy and to instruct the employees to accept a State identification card as an appropriate form of identification.
- A wheelchair user complained that an Oklahoma restaurant did not have an accessible entrance. The owner agreed to install a ramp that complies with the ADA.
- In Idaho, a person complained that a restaurant did not have appropriate signage identifying the accessible parking spaces. The owner agreed to install appropriate vertical signage.
III. Certification of State andLocal Building Codes
The ADA requires that newly constructed or altered facilities comply with the ADA Standards for Accessible Design (Standards). The Justice Department is authorized to certify building codes that meet or exceed the ADA Standards. In litigation, an entity that complies with a certified code can offer that compliance as rebuttable evidence of compliance with the ADA.In implementing its authority to certify codes, the Department works closely with State and local officials, providing extensive technical assistance to enable them to make their codes equivalent to the ADA. In addition, the Department responds to requests for review of model codes and provides informal guidance to assist private entities that develop model accessibility standards to make those standards equivalent to the ADA.
The Department has certified the accessibility codes of the States of Washington, Texas, Maine, and Florida, and has pending requests for certification from New Mexico, Minnesota, New Jersey, Maryland, California, Indiana, the Village of Oak Park, Illinois, and the County of Hawaii. The Department has received a supplemental request for certification of accessibility code amendments from the State of Washington, and it is also reviewing model codes submitted by the Building Officials and Code Administrators, International; and the Southern Building Code Congress, International. Recent certification activity includes --
Maryland -- The Department provided technical assistance to the State of Maryland on its application for certification of the Maryland Accessibility Code. Maryland was informed that further clarification of some of the elements of the Maryland Code is required before a preliminary certification determination can be made.
Indiana -- The State of Indiana requested certification that its building code meets or exceeds the new construction and alterations requirements of title III -- the 15th request for certification received by the Department.
IV. Technical Assistance
The ADA requires the Department of Justice to provide technical assistance to entities and individuals with rights and responsibilities under the law. The Department encourages voluntary compliance by providing education and technical assistance to businesses, governments, and members of the general public through a variety of means. Our activities include providing direct technical assistance and guidance to the public through our ADA Information Line and Home Page, developing and disseminating technical assistance materials to the public, undertaking outreach initiatives, operating an ADA technical assistance grant program, and coordinating ADA technical assistance government-wide.ADA Tax Benefits Described in IRS Mailing -- Information on ADA tax benefits and the availability of a new brochure entitled "ADA Tax Incentive Packet for Businesses" was sent to over 6.2 million businesses as part of the September 1998 quarterly mailing from the Internal Revenue Service. The Packet explains the tax credit and deduction available to help offset the cost of improving accessibility for customers and employees. It is available on the ADA Homepage, as well as through the ADA Information Line and ADA Fax on Demand (document #3203).
archive.ADA.gov Home Page
An ADA home page is operated by the Department on the Internet s World Wide Web (http://www.usdoj.gov/crt/foia/records.htm. A link to this website is provided from the ADA Home Page.
ADA regulations and technical assistance materials can also be downloaded from the Department s ADA Bulletin Board System (ADA-BBS). The ADA-BBS, which includes selected ADA documents from other agencies, can be reached by computer modem by dialing 202-514-6193 or accessed on the Internet through www.fedworld.gov using telnet software. The ADA Home Page also provides a link to the fedworld website.
V. Other Sources of ADA Information
The Equal Employment Opportunity Commission offers technical assistance to the public concerning title I of the ADA.ADA documents ADA questions
800-669-3362 (voice) 800-669-4000 (voice)
800-800-3302 (TDD) 800-669-6820 (TDD)
The Federal Communications Commission offers technical assistance to the public concerning title IV of the ADA.
ADA documents ADA questionsThe National Institute on Disability and Rehabilitation Research (NIDRR) of the U.S. Department of Education has funded centers in ten regions of the country to provide technical assistance to the public on the ADA.
202-857-3800 (voice) 202-418-0976 (voice)
202-293-8810 (TDD) 202-418-0484 (TDD)
ADA technical assistance nationwideThe U.S. Department of Transportation through the Federal Transit Administration offers technical assistance to the public concerning the transportation provisions of title II and title III of the ADA.
800-949-4232 (voice & TDD)
ADA Assistance LineThe U.S. Architectural and Transportation Barriers Compliance Board, or Access Board, offers technical assistance to the public on the ADA Accessibility Guidelines.
888-446-4511 (voice/relay)
202-366-2285 (voice)
202-366-0153 (TDD)
ADA documents and general questions
202-366-1656 (voice/relay)
ADA legal questions
202-366-4011 (voice/relay)
Project ACTION
800-659-6428 (voice/relay)
202-347-3066 (voice)
202-347-7385 (TDD)
ADA documents and questions
800-872-2253 (voice)
800-993-2822 (TDD)
The Job Accommodation Network (JAN) is a free telephone consulting service funded by the President s Committee on Employment of People with Disabilities. It provides information and advice to employers and people with disabilities on reasonable accommodation in the workplace.
Information on workplace accommodation
800-526-7234 (voice & TDD)
VI. How to File Complaints
Title I
Complaints about violations of title I (employment) by units of State
and local gvernment or by private employers should be filed with the Equal
Employment Opportunity Commission. Call 800-669-4000 (voice) or 800-669-6820
(TDD) to reach the field office in your area.
Complaints about violations of title II by units of State and local government
or violations of title III by public accommodations and commercial facilities
should be filed with --
Civil Rights Division
U.S. Department of Justice
Post Office Box 66738
Washington, D.C. 20035-6738
The Attorney General has determined that publication of this periodical is necessary in the transaction of the public business required by law of the Department of Justice.
11/16/98