DC APARTMENT OWNER AND MANAGER WILL CEASE DISCRIMINATING AGAINST GUIDE-DOG USERS

The owner and managing agent of the Sulgrave Manor Apartments in Washington, DC, will pay $25,000 to compensate victims of disability discrimination and a $20,000 civil penalty to the government under a consent decree approved by the federal district court on February 1, 2006. The Department’s lawsuit against Douglass Management Inc. alleged that the defendants violated the Fair Housing Act by refusing to rent an apartment to a man with low vision who relies upon a guide dog for assistance. The Department conducted its investigation through the use of fair housing testers—individuals who pose as renters for purposes of gathering information about possible discriminatory practices in the rental of apartments. Under the terms of the consent decree, the defendants are required to establish and follow non discriminatory tenancy procedures and undergo fair housing training.

DEPARTMENT FINDS EXTENSIVE VIOLATIONS AT CALIFORNIA INSTITUTION FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

On January 4, 2006, the Department issued a detailed and comprehensive findings letter to the State of California outlining a host of constitutional and statutory violations affecting over 500 people with developmental disabilities who reside at the Lanterman Developmental Center, a large congregate State institution located in Pomona, California. In addition to identifying constitutional violations at the institution cognizable under the Civil Rights of Institutionalized Persons Act, the Department also informed the State that its failure to provide community-based services to Lanterman residents violates the Americans with Disabilities Act’s mandate to provide services in the most integrated setting appropriate for the individual.

The number of Lanterman residents placed into the community recently has trickled to only a handful each year. In contrast, several dozen Lanterman residents had been placed into the community each year throughout the late 1990’s. In our letter, we noted that fiscal limitations effectively place an artificial ceiling on the number of institutionalized residents that may be placed out of the facility in any given year. This, in turn, chills the Lanterman interdisciplinary teams from recommending community placement for residents who might benefit from that setting but for whom there are no transition funds. The letter sets forth minimal remedial measures to address the deficiencies cited.

The Department has made similar findings with regard to two other State facilities, the Agnews Developmental Center and the Sonoma Developmental Center. The Department is currently pursuing remedial relief for residents of all three of these facilities.

Did you know... The Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the Department to obtain remedial relief on behalf of persons living in government institutions in all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories. For more information, see www.usdoj.gov/crt/split.

ADA MEDIATION HIGHLIGHTS

The ADA Mediation Program is a Department-sponsored initiative intended to resolve ADA complaints in an efficient manner. Mediation cases are initiated upon referral by the Department when both the complainant and the respondent agree to participate. The program utilizes professional mediators who are trained in the legal requirements of the ADA and has proven effective in resolving complaints at less cost and in less time than traditional investigations or litigation. Over 75% of all complaints mediated have been settled successfully.

In this issue, we focus on complaints involving accessible parking spaces that are blocked or misused by non-disabled people.

In Maryland, a person who uses a wheelchair complained that vehicles often block the curb ramp leading to a restaurant entrance. In addition to increasing the width of the curb ramp to ensure it would not be blocked by legally parked vehicles, the restaurant also agreed to adjust the closers on the entrance and restroom doors, to remove the vestibule door, to provide wheelchair access to the food order line and the dining tables, and to remove a partition in the restroom to increase access.

In New York, an individual with a mobility disability complained that mall security did not respond when she informed them that her car was blocked by a vehicle illegally parked in the access aisle. The director of mall security agreed to instruct all security staff on procedures to follow when a car is parked illegally in an accessible parking space or access lane.

In Pennsylvania, a person who uses a wheelchair complained that an amusement park allowed vehicles to park improperly in accessible spaces. The amusement park agreed to provide ADA training for all seasonal staff on ensuring appropriate use of accessible parking. The park also increased the number of accessible spaces by more than 60%, including van-accessible spaces, and installed appropriate signage.

In Tennessee, two people with disabilities complained that a union violated the ADA when it covered signs identifying existing accessible parking spaces and used them for other purposes during a union-sponsored public car show. The union agreed to provide accessible parking during its activities and install signage stating that cars illegally parked in accessible parking spaces would be towed and a fine assessed. Both parties agreed to write articles for a union publication on the union’s commitment to provide access to individuals with disabilities.

In Virginia, a person who uses a wheelchair complained that a hospital did not provide accessible parking near the main entrance, the existing parking in the rear lot was difficult to find due to poor lighting, and unauthorized vehicles were allowed to park in accessible spaces. The hospital created additional accessible parking at both the front and rear entrances, created a curb cut to provide access from the parking lot to the hospital entrances, increased exterior lighting to enhance the visibility of accessible parking in the rear lot, and adopted a policy to monitor use of accessible parking by unauthorized drivers and to notify local police to ticket those who were illegally parked.

RECENT OUTREACH ACTIVITIES

On February 15, Division staff participated in a three-hour panel discussion on the ADA and its impact on corrections facilities sponsored by the National Institute of Corrections, Bureau of Prisons, in Spokane, Washington. The discussion was broadcast by satellite and internet to an audience of 12,000 people at correctional facilities nationwide.

On February 21-24, Division staff participated in an event in San Francisco, California, conducted by the Disability Rights Education and Defense Fund, under contract with the National Council on Disability (NCD), to learn from entities covered by title III of the ADA of their experiences implementing the Act. NCD will issue a report to the Congress and the President later this year about the implementation of title III of the ADA. Representatives from Wells Fargo, the California Hotel and Lodging Association, small business representatives from the San Francisco area, advocates, and others participated in the four-day event.

On February 28, Division staff gave two presentations at an Advance Employment Law Seminar presented by the Southern California chapter of the American Corporate Counsel Association in Los Angeles, California. This is a professional association for corporate in-house counsel. The presentations addressed service animals and EEOC’s guidance on cancer as a disability.

On March 2, Division staff made several presentations at the ADA/ABA and California Accessibility Conference held in the Bill Gramm Auditorium in San Francisco, California. The conference was sponsored by the Mayor’s Office on Disability for the City and County of San Francisco and the San Francisco chapter of the American Institute of Architects. The conference was attended by approximately 150 architects and state and local government employees.

On March 6-9, Division staff made several presentations at the annual conference of the National Association of ADA Coordinators in Miami, Florida. Topics included the fundamentals of title II, case law updates, strategies for compliance and avoiding litigation, and emergency preparedness and management issues.

On March 8, Division staff participated in a webcast sponsored by the Disability Law Resource Project, a project funded by the National Institute on Disability and Rehabilitation Research, to provide information about Project Civic Access. The event was broadcast over the web to 150 sites.

On March 14, Division staff made a presentation at the World Bank in Washington, DC on the requirements of the ADA and recent implementation successes. The World Bank is taking steps to ensure that it takes accessibility into account when funding development projects worldwide.