Enforcing the ADA

A Status Report from the Department of Justice

(October - December 1994)

This Status Report covers the ADA activities of the Department of
Justice during the fourth quarter (October-December) of 1994.
Copies of the April 4, 1994 Status Report (which summarizes all
activities up to that date), and the updates for the second and
third quarters of 1994 are available through our ADA Telephone
Information Line (see page 9).

The Americans with Disabilities 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 over 300 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. New lawsuits

The Department initiated, or intervened in, the following lawsuits.
Title I

United States v. City of Pontiac, Michigan -- The Department sued
the City of Pontiac for failing to hire Dennis Henderson as a
firefighter because of his disability.  Mr. Henderson, who lost the
sight of his right eye and is medically classified as having
monocular vision, has extensive firefighter experience, training,
and certifications. His scores on the pre-hire examinations placed
him seventh out of approximately 107 applicants on the firefighter
new hire civil service list.  Pontiac, however, refused to hire
Henderson because of his disability.  This case stems from a
referral of a charge filed by Mr. Henderson with the Equal
Employment Opportunity Commission.

Title III

U.S. v. James O. Moyes (d.b.a. Bear Lake Tavern) -- The Department
filed a lawsuit against the owner of the Bear Lake Tavern, a
restaurant and local landmark in northern Michigan, alleging that
he has violated title III of the ADA by failing to take readily
achievable steps to remove barriers to the restrooms and other
interior elements.  

2. Consent decrees

Some 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. Lira Limited -- The Department settled by consent
decree its lawsuit against the Barolo Grill, a restaurant in
Denver, Colorado.  In November 1992, the Barolo's owners altered
the restaurant without complying with the ADA when they constructed
a raised dining area with no ramp or lift for persons who use
wheelchairs. In the consent order, the defendants admit that they
made alterations that were not accessible, did not take any steps
to improve the path of travel and took no steps to remove barriers
where removal was readily achievable.  The order requires the
defendants to correct access problems throughout the restaurant,
including the installation of a ramp to the new raised dining area. 
The order also requires defendants to pay $10,000 in civil
penalties and $6,000 in damages to four individuals.  Defendants
have also agreed to host an ADA information seminar to inform other
restaurants in Colorado about their responsibilities under the law. 

United States v. Reunion Hotel/Tower Joint Venture, et al. -- The
Department filed, and resolved by consent decree, a lawsuit
involving accessibility problems at the Hyatt Regency Dallas Hotel. 
Under the consent decree, the Hyatt Corporation and the owners and
asset managers of the Hyatt Regency Dallas Hotel agreed to provide
28 fully accessible guest rooms; to modify three sets of restrooms
on the first, second, and third floors of the hotel to make them
accessible; and to construct ramps providing access to the hotel's
swimming pool and hot tub areas.  The defendants will also offer 24
individuals with disabilities compensation in the form of either a
return visit to the hotel at the defendants' expense or $1,500 in
cash.  The consent decree resolved a lawsuit filed on the same day
as the consent decree by the Department of Justice in the United
States District Court for the Northern District of Texas.  The suit
alleged that the Hyatt Corporation, which operates the facility,
violated title III of the ADA by failing to remove architectural
barriers to access where it is readily achievable to do so.  Also
named as a defendant was the partnership that owns the facility,
and its asset manager, the Woodbine Development Corporation.  The
lawsuit arose from a complaint filed with the Department by several
children and adults who attended a conference of the Spina Bifida
Association of America at the landmark hotel in June 1992.

3. Amicus Briefs

The Department files briefs in selected ADA cases in which it is
not a party in order to guide courts in interpreting the ADA.

Title II

Clark v. Virginia Board of Bar Examiners -- The Department of
Justice has filed a number of amicus briefs in this case in the
U.S. District Court for the Eastern District of Virginia which
challenge inquiries made of Virginia bar applicants about their
past mental health treatment history.  The Department successfully
urged the court to deny defendant's motion for summary judgment. 
Most recently, the government filed a brief addressing the merits
of the case, urging the court to rule that defendant violated title
II of the ADA by unnecessarily inquiring broadly into applicants
mental health treatment history.  Trial in the case is scheduled
for January 1995. 

Title III

Neff v. American Dairy Queen -- The Department of Justice filed an
amicus brief in the U.S. Court of Appeals for the Fifth Circuit
arguing that American Dairy Queen, the national franchisor of Dairy
Queen stores, is covered by the ADA as a public accommodation under
title III.  The plaintiff, a person with a mobility impairment who
uses a wheelchair, alleges that American Dairy Queen failed to
remove barriers to access in two franchisee-run stores in San
Antonio, Texas.  The United States District Court for the Western
District of Texas granted summary judgment on behalf of the
defendant on the ground that, as franchisor, American Dairy Queen
does not own, operate, or lease the two stores and therefore could
not be held liable as a public accommodation under the ADA.  The
Departments brief on appeal argues that American Dairy Queen
retains enough control in its franchise agreement over the two
stores that it can be said to be operating the stores within the
meaning of title III and therefore is subject to the ADA's barrier
removal requirements.

Chipkevich v. University of Scranton -- The Department participated
in this case on appeal in the U.S. Court of Appeals for the Third
Circuit to defend the constitutionality of the exemption for
religious organizations.  The plaintiff sued the University under
title III of the ADA and section 504 of the Rehabilitation Act
alleging that the school had failed to provide appropriate
accommodations for his learning disability.  The district court
ruled in plaintiff's favor under section 504 but dismissed the ADA
claim, finding that the University is an exempt religious
organization under title III.  On appeal, plaintiff conceded that
the University is a religious organization but challenged the
breadth of the exemption, arguing that it would be unconstitutional
under the First Amendment as an establishment of religion to exempt
all activities of the University.  The Department argued that the
broad exemption does not violate the First Amendment.

Ruling Supports Integrated Seating in Union Station Case 

The U.S. District Court for the District of Columbia denied
defendant's motion for summary judgment in Fiedler v. American
Multi-Cinema, Inc., a case in which the Department filed a brief
supporting plaintiff's demand for integrated movie theater seating. 
The court agreed with the Department that (1) the ADA applies to
public accommodations located in space leased from the Executive
branch of the Federal government, (2) existing motion picture
theaters having more than 300 seats must disperse wheelchair
seating locations if it is readily achievable for them to do so,
and (3) plaintiff was entitled to a trial on the merits of
defendants assertion that, in an emergency, plaintiff and other
individuals who use wheelchairs would constitute a direct threat 
to the health and safety of others if they were allowed to sit in
wheelchair seating locations other than at the back of the theater. 
  
B.  Formal Settlement Agreements

The Department sometimes resolves cases without filing a lawsuit,
by means of formal written settlement agreements.

Title II

Bell Gardens, California -- The Bell Gardens Police Department
agreed to provide effective communication with members of the
public who are deaf or hard of hearing, including arrestees.  This
agreement resolved a complaint alleging that the police department
failed to provide a sign language interpreter as requested by an
individual who was arrested.  The police department adopted a
policy of providing auxiliary aids and services, including sign
language interpreters, in situations where necessary to afford
effective communication, and will notify the public and provide
training for court personnel about its policies on effective
communication.

Manhattan, Montana -- This small Montana town agreed to make its
town programs accessible through a combination of town hall
renovations and alternative nonstructural measures. The town agreed
to install a ramp at one entrance, make the route to this entrance
accessible, create one van-accessible parking space, and make the
water fountain and bathroom on the first floor accessible.  In
addition, town council meetings will be moved to the first floor
when necessary.

Pickens County, South Carolina -- The Pickens County Court agreed
to provide effective communication with individuals who are deaf or
hard of hearing.  This agreement resolved a complaint that the
court denied the request of a woman who is hard of hearing that her
daughter be permitted to assist her while she testified by
repeating questions so that the complainant could understand them. 
The court adopted a policy to provide auxiliary aids and services
when necessary to afford effective communication, and to give
primary consideration to the request of an individual with a
disability for a specific aid or service.  The court will notify
the public and train court personnel about these policies.

Saginaw Township, Michigan -- The Saginaw Township Police
Department agreed to provide effective communication with members
of the public who are deaf or hard of hearing, resolving a
complaint that the police department had failed to provide a sign
language interpreter for an arrestee.

Title III

Volume Services, San Francisco, California -- Volume Services,
which operates concessions and souvenir facilities at Candlestick
Park in San Francisco, has agreed to modify all of its service
counters in order to make them accessible to individuals who use
wheelchairs, and to make other structural changes, such as adding
skirting to protruding objects that would otherwise present a
hazard to some individuals with visual impairments. Volume Services
has further agreed to implement policies ensuring full and equal
access to individuals with disabilities and to implement an
employee training program for providing nondiscriminatory service.
Under the settlement agreement, Volume Services will also pay
$60,000 to a group of complainants and $20,000 to the Disability
Rights Education and Defense Fund for attorneys and expert fees. 
In addition, Volume Services will pay $15,000 to the United States.

Smith Barney, Inc., Washington, D.C. -- The Department reached a
formal settlement with Smith Barney, a nationwide financial
planning services company, as a result of which Smith Barney will
provide financial statements and correspondence in large print to
its customers with vision impairments.  (Smith Barney already
provides documents in Braille.)  The enlarged print documents will
be provided free of charge, upon request.  Smith Barney will also
pay a person who filed a complaint with the Department $1,500. 
Notice of the service will be sent to 55,000 new customers, and
over 40,000 potential customers, each month.

Atrium Mall, Chestnut Hill, Massachusetts -- Atrium Mall provides
free shuttle bus service between the Mall and surrounding
neighborhoods.  The bus provided for this service was not
accessible to wheelchair users. As a result of a formal settlement
agreement with the Department, the Mall has agreed to lease a
wheelchair accessible bus and has paid the complainant $500.  This
is the first settlement agreement concerning the responsibilities
of places of public accommodation to provide accessible
transportation.

Bel-Loc Diner, Baltimore, Maryland -- The Department entered into
a settlement agreement with the owners and operators of the Bel-Loc
Diner, a popular restaurant in Baltimore.  Under the terms of the
agreement, the owners and operators of the Diner will provide
accessible parking spaces, construct a ramp to the Diners main
entrance, and widen the doors in the main entry vestibule.  The
agreement also requires the Diner to police the use of the
accessible parking spaces, make sure they are available for use by
individuals with disabilities, and maintain the parking spaces and
ramp in good condition, including prompt removal of snow.

Blue Parrot Inn, Key West, Florida -- The Blue Parrot Inn in Key
West, Florida, agreed to modify its policy that required a person
with a disability accompanied by a service animal to pay a
non-refundable fee for the cost of fumigating the room to
exterminate fleas.  The Inn agreed to no longer impose the fee, to
modify its advertising and brochures accordingly, to educate its
staff about the new policy, and to pay the complainant $250 in
damages.

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 in the fourth quarter of 1994.  

Title II

Access to facilities

A city in Iowa agreed to relocate one of its polling places to a
facility with an accessible ground floor entrance.

A New Hampshire town agreed to make its programs accessible by
renovating the town hall, and relocating or using alternative
methods for delivery of certain public library services.

A Florida city agreed to make a polling place accessible by
improving an entrance ramp that was too steep for use by
individuals who use wheelchairs.

A Missouri city with an old city hall agreed to deliver its
services and programs through alternative methods, including
sidewalk and mail service, and to move public meetings to
accessible locations.

Policies and procedures

A large county in Nevada agreed to address the immediate medical
needs of a jailed quadriplegic suspect.

A western State Supreme Court agreed to eliminate questions on its
bar application that asked about histories of mental, emotional,
and nervous disorders or treatment for use of alcohol and drugs.

Effective Communication

A small New York community agreed to purchase a public address
system in response to a complaint from a hard of hearing citizen
who wanted to listen to town board meetings.

A major midwestern State Department of Corrections added a warning
light to a forklift to protect inmate workers who are deaf.

A western State court agreed to provide an individual who is hard
of hearing with a wireless FM assistive listening system so that he
could effectively participate in juvenile proceedings involving his
son.

An Ohio court agreed to purchase computerized real-time
transcription services for an individual who is hard-of-hearing and
cannot effectively use an assistive listening system. 

Title III

Access to facilities

A well-known hotel in Ohio agreed to provide ramps to its front
lobby and other public areas, additional accessible parking spaces
with adequate access aisles, improved accessibility in ten of its
guest rooms, and devices for persons with hearing impairments,
including TDD's, visual smoke and fire alarms, phone notification
devices, and visual door knocks.

Policies and procedures

A dog racing track in Idaho modified it policies to enable persons
with mobility impairments to reserve accessible tables and seats,
regardless of when they planned to arrive at the track.  Its prior
reservations policy held tables only until the start of the first
race.  The track owners also changed the smoking and non-smoking
sections to provide accessible tables and seating in each, and
removed some barriers to access.

A midwest branch of a national car rental chain agreed to provide
hand controls for rental vehicles on 24-hours notice, free of
charge, for the entire range of vehicles in its fleet.  The company
also changed its policy to allow rentals by persons with
disabilities who are not licensed drivers.  Additionally, the
corporate national reservation center dedicated a toll-free
telephone line for customers who use TDD's. 

D. Investigations

The Department is currently investigating nearly 1100 complaints
against public accommodations and commercial facilities under title
III.  The Department also, on its own initiative, is reviewing
plans for new construction and alterations of various types of
facilities in locations around the country.

In addition, the Department is currently investigating nearly 1200
complaints against units of State and local government under title
II.  Seven other Federal agencies are also investigating title II
complaints and may refer cases to the Department of Justice for
litigation.

The Department also has a number of investigations under way under
title I against public employers.  (Enforcement of title I against
private employers is handled by the Equal Employment Opportunity
Commission.)

II. Certification of State and Local Building Codes

The ADA authorizes the Department of Justice to certify State or
local laws or building codes that meet or exceed the ADA's
accessibility requirements.  This is a voluntary program in which
States and localities can choose to participate. In a jurisdiction
whose law or code has been certified, when a new public
accommodation or other commercial facility is built or an existing
facility is altered or expanded, compliance with the local
regulations will give the building owner and other responsible
parties rebuttable evidence of compliance with the ADA, if the
buildings accessibility is later challenged under the ADA. 
Certification thus allows local building officials to play a role
in ensuring that buildings are constructed to be accessible.  It
also allows accessibility to be assessed early in the construction
process as part of the State or local building permit and
inspection processes.  Finally, by promoting the incorporation of
ADA-equivalent accessibility requirements into local codes,
certification makes those requirements more familiar and readily
available to local architects and builders, and eliminates possible
conflicts with Federal law.

State of Washington -- On December 6, 1994, the Department issued
a preliminary determination that the Washington State Regulations
for Barrier Free Design meet or exceed the new construction and
alterations requirements of the Americans with Disabilities Act. 
This is the Departments first preliminary determination of the
equivalency of a State code.  The Department is now beginning the
process toward final certification of the Washington code.  The
remaining steps before a final determination in the certification
process will include public notice, a sixty-day public comment
period, and informal public hearings in the State of Washington and
in Washington, D.C.

The Washington State request for certification was the first
received by the Department.  The Department's initial review showed
that the Washington code was highly progressive regarding
accessibility issues and was nearly equivalent to the ADA
requirements.  The Department provided extensive technical
assistance to the Washington Building Code Council to assist in the
development of a fully equivalent code.  In August 1994, in
response to comments by the Department, the Building Code Council
proposed amendments to the Washington code to address the remaining
areas of nonequivalency.  Those amendments received final approval
in November.

New York City -- In October 1994, the Department denied a request
for certification of New York City's code, which had not been
amended since the ADA Standards were issued.  The Departments
response to the City included a detailed comparison of the
submitted code and the ADA Standards for Accessible Design.  In
addition, the Department provided technical assistance with respect
to proposed code amendments.

State of Texas --  On December 1, 1994, the State of Texas became
the sixth jurisdiction to make a formal request for certification
of its standards.

Requests for certification have also been received from New Mexico,
Utah, and Florida.  Technical assistance has been requested by the
City of New York, the Council of American Building Officials (CABO)
on behalf of the American National Standards Institute (ANSI)
A117.1 committee, the Building Officials and Code Administrators
International (BOCA), and the National Parking Association.

The ADA requires the Department of Justice to provide technical
assistance to entities and individuals with rights and
responsibilities under the ADA.  The Department encourages
voluntary compliance by providing education and technical
assistance to business, industry, government, 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 other activities, developing
and reviewing technical assistance materials, disseminating
technical assistance materials to the public and undertaking
outreach initiatives, operating an ADA technical assistance grant
program, and coordinating ADA technical assistance government-wide.

The Department sent technical assistance materials to the mayors of
1,053 medium and large-size cities across the United States to help
them meet their obligations under title II of the ADA.  Assistant
Attorney General Deval L. Patrick also urged mayors to contact the
Department's toll-free ADA Information Line to obtain further
information and assistance.

ADA Telephone Information Line

The Department of Justice now provides toll-free 
800  service for both voice and TDD callers who have questions
about title II and title III of the ADA, including the Standards
for Accessible Design.  Under its expanded hours of operations,
operators may be reached from 10:00 a.m. to 6:00 p.m. (EDT), Monday
through Friday (except Thursdays, 1:00 p.m. to 6:00 p.m.).  The
system has been upgraded to accommodate a larger number of callers
simultaneously and to provide Spanish language service.  Callers
may hear recorded information and order materials at any time day
or night.  The information line numbers are:

Nationwide
1-800-514-0301 (voice)
1-833-610-1264 (TDD)

Publications

Copies of the Department of Justice's regulations for titles II and
III of the ADA, the ADA Questions and Answers booklet, the ADA
Handbook (limited quantities available), and information about the
Departments technical assistance grant program can be obtained by
calling the Departments toll-free ADA Telephone Information Line at
the number listed above or writing to the address listed below.
These materials are available in standard print, large print,
Braille, audiotape, and computer disk.  

U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Post Office Box 66738
Washington, D.C. 20035-6738

Electronic Access to ADA Documents

The Department of Justice operates an electronic bulletin board
system (BBS) that contains its ADA regulations and technical
assistance materials as well as some materials from other Federal
agencies.  These can be downloaded by computer modem by dialing
202-514-6193.  The BBS can also be accessed through the Internet.
The access codes are telnet fedworld.gov Gateway D, choice D #9.

The Department also has placed a variety of its ADA materials
directly on the Internet, including press releases on ADA cases and
ADA regulations and technical assistance materials. These materials
can be accessed with gopher client software (gopher.usdoj.gov),
through other gopher servers (choose 9 for North America, 4 for
USA, 1 for All, and look for DOJ, which currently is option 342),
with World Wide Web software (http://www.usdoj.gov), or through the
White House WWW server (http://www.whitehouse.gov).  The
Department's press releases are located under the Office of Public
Affairs.  Other ADA materials are located under Litigating
Organizations, Civil Rights Division.

Copies of the Department of Justice's Technical Assistance Manuals
for titles II and III and yearly updates can be obtained by
subscription from the Government Printing Office. The subscription
fee for the Title II Manual, which includes annual supplements
through 1996, is $24. The subscription fee for the Title III Manual
with supplements through 1996 is $25. Call the ADA Telephone
Information Line to obtain an order form.

Copies of legal documents and settlement agreements mentioned in
this publication can be obtained by writing to:

Freedom of Information/Privacy Act Branch
Room 7337
Civil Rights Division
U.S. Department of Justice
Washington, D.C. 20530

IV. Other Sources of ADA Information

The Equal Employment Opportunity Commission offers technical
assistance to the public concerning title I of the ADA.

For ordering documents
1-800-669-3362 (voice)
1-800-800-3302 (TDD)

For questions
1-800-669-4000 (voice)
TDD: use relay service

The U.S. Department of Transportation offers technical assistance
to the public concerning the public transportation provisions of
title II and title III of the ADA.

ADA documents and general questions
202-366-1656 (voice)
202-366-4567 (TDD)

ADA legal questions
202-366-1936 (voice)
202-366-0748 (TDD)

Complaints and enforcement
202-366-2285 (voice)
202-366-0153 (TDD)

National Easter Seal Society
Project Action  grant
202-347-3066 (voice)
202-347-7385 (TDD)

The Federal Communications Commission offers technical assistance
to the public concerning title IV of the ADA.

ADA documents and general questions
202-418-0500 (voice)
202-632-6999 (TDD)

ADA legal questions
202-634-1808 (voice)
202-632-0484 (TDD)

Complaints and enforcement
202-632-7553 (voice)
202-632-0485 (TDD)

The U.S. Architectural and Transportation Barriers Compliance
Board, or Access Board,  offers technical assistance to the public
on the ADA Accessibility Guidelines.

ADA documents and questions
1-800-872-253 (voice)
1-800-993-2822 (TDD)
202-272-5434 (voice)
202-272-5449 (TDD)

The 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 concerning title I, title II, and title III of the ADA.

ADA technical assistance nationwide
1-800-949-4232 (voice & 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 
1-800-526-7234 (voice & TDD)

Learn About the ADA in Your Local Library

To make access to ADA information as easy as a trip to your local
library, the Department of Justice, through a grant to the Kansas
State Library and the Chief Officers of State Libraries Agencies
(COSLA), has sent an ADA Information File containing 35 technical
assistance documents to 15,000 libraries across the country.  Most
libraries have placed the File at the reference desk.  The
Information File contains the following materials:

Law and Regulations

Public Law 101-336
The Americans with Disabilities Act of 1990 as enacted by Congress.

Title II Regulation
The final rule implementing subtitle A of title II of the Americans
with Disabilities Act which prohibits discrimination on the basis
of disability by public entities.

Title III Regulation
The final rule implementing title III of the Americans with
Disabilities Act which prohibits discrimination on the basis of
disability by public accommodations and commercial facilities.

Title III Regulation; Transportation Facilities and Accessible
Automated Teller Machines (ATM's) (1/18/94)
The final rule that amends Appendix A to the Department of Justice
regulation implementing title III of the Americans with
Disabilities Act by incorporating accessibility guidelines for
transportation facilities and by adopting amendments to the reach
range requirement for accessible automated teller machines and fare
vending machines.

Title III Regulation; Detectable Warnings; Joint (4/12/94)
The joint final rule that temporarily suspends until July 26, 1996,
the requirements in the ADA Standards for Accessible Design for
detectable warnings at curb ramps, hazardous vehicular areas, and
reflecting pools.

Documents Produced by Federal Agencies

Technical Assistance Manuals

Title I Technical Assistance Manual and Resource Directory
A manual developed by the U.S. Equal Employment Opportunity
Commission that provides technical information on the employment
provisions of the ADA and includes an extensive resource directory
of related programs and organizations.

Title II Technical Assistance Manual (1993 edition)
A manual developed by the U. S. Department of Justice, updated
annually, that provides technical information on the title II
requirements covering State and local government programs and
services.

Title III Technical Assistance Manual  (1993 edition)
A manual developed by the U.S. Department of Justice, updated
annually, that provides technical information on the title III
requirements covering public accommodations and commercial
facilities.

Status Report

Enforcing the ADA - A Status Report from the U. S. Department of
Justice
A 17-page report that provides the current status of DOJ's
enforcement efforts, including information on litigation, and
formal and informal settlement agreements under titles II and III.

Questions and Answers

ADA Questions and Answers
A pamphlet developed jointly by the U.S. Equal Employment
Opportunity Commission and the U. S. Department of Justice that
contains the most frequently asked questions about titles I, II,
and III.

Businesses
Food Industry

ADA Answers for Foodservice Operators
A 48-page guide developed under a DOJ grant by the National
Restaurant Association and the National Center for Access Unlimited
that provides an overview of the title III requirements that affect
the food industry.

Facilities Survey & Budget Book (Supermarkets)
A 22-page survey and budget document developed under a DOJ grant by
the Food Marketing Institute that focuses on removal of barriers in
supermarkets.

Grocery Stores:  Access Equals Opportunity
A 30-page booklet developed under a DOJ grant by the Council of
Better Business Bureaus Foundation that addresses compliance issues
under title III for grocery stores.

Restaurants & Bars:  Access Equals Opportunity
A 30-page booklet developed under a DOJ grant by the Council of
Better Business Bureaus Foundation that addresses compliance issues
under title III for restaurants and bars.

Ten Step Action Plan (Supermarkets)
A brochure developed under a DOJ grant by the Food Marketing
Institute that outlines an action plan to be used by supermarkets
in achieving compliance with the ADA. 

Health Care Facilities

ADA:  Answers to Questions Most Commonly Asked by Hospitals and Health Care
Providers
A 12-page brochure developed under a DOJ grant by the National Rehabilitation
Hospital that answers the questions most frequently asked by health care
providers about their obligations under the ADA.

Information for Persons with Disabilities: Access to Public and Private Health
Care
A brochure developed under a DOJ grant by the National Rehabilitation Hospital
that explains the obligations of health care providers under titles II and III.

Medical Offices:  Access Equals Opportunity
A 30-page booklet developed under a DOJ grant by the Council of Better Business
Bureaus Foundation that addresses compliance issues under title III for medical
and health care facilities.

Self-Evaluation Checklist for Health Care Facilities
A 44-page checklist developed under a DOJ grant by the American Foundation for
the Blind that provides guidance for health care providers in making their
services and facilities accessible for persons who are blind, deaf-blind, or
visually impaired.

Hotels and Motels

Accommodating All Guests; The ADA and the Lodging Industry
A 70-page guide developed under a DOJ grant by the American Hotel & Motel
Association that provides information on the requirements of the ADA as they
apply to the lodging industry.

Self-Evaluation Checklist for Hotels and Motels
A 36-page checklist developed under a DOJ grant by the American Foundation for
the Blind that provides guidance for hotels and motels in making their services
and facilities accessible for persons who are blind, deaf-blind, or visually
impaired.

Child Care

Child Care Settings and the ADA
A two-page fact sheet developed under a DOJ grant by The Arc that provides
information on the ADA requirements that apply to child care centers and family
day care homes.

Other

Car Sales & Service:  Access Equals Opportunity
A 30-page booklet developed under a DOJ grant by the Council of Better Business
Bureaus Foundation that addresses compliance issues under title III for
automobile dealers, rental establishments, and service stations

Fun & Fitness Centers: Access Equals Opportunity
A 30-page booklet developed under a DOJ grant by the Council of Better Business
Bureaus Foundation that addresses compliance issues under title III for
recreation facilities and fitness centers.

Retail Stores:  Access Equals Opportunity 
A 30-page booklet developed under a DOJ grant by the Council of Better Business
Bureaus Foundation that addresses compliance issues under title III for retail
stores.
Communication Access

Communication and the ADA
A four-page fact sheet developed under a DOJ grant by the American
Speech-Language-Hearing Association that provides guidance on complying with the
ADA requirements for communicating effectively with persons who have hearing or
speech impairments.

Communication Fact Sheet
A two-page fact sheet developed under a DOJ grant by the American
Speech-Language-Hearing Association that provides an overview of various
communication disabilities and methods that can be used to achieve effective
communication.

Of Consuming Interest:  A Guide to Titles II and III of the ADA for People with
Vision Loss
A 49-page guide developed under a DOJ grant by the American Foundation for the
Blind presented in a questions and answers format that contains information about
the ADA for individuals who are blind, deaf-blind, or visually impaired.

Testing Accommodations for Persons with Disabilities:
A Guide for Licensure, Certification and Credentialing
A 20-page manual developed under a DOJ grant by The Association on Higher
Education and Disability that is aimed at agencies that administer or utilize
tests for licensure, certification, or credentialing.

Toward Equal Access:  Providing Information Access Services to Blind and Visually
Impaired Persons Under the ADA
An eight-page booklet developed under a DOJ grant by the National Federation of
the Blind that provides information on the ADA requirements for providing written
material in formats accessible to persons with vision impairments.
State and Local Governments

Take Another Look:  Police Response to Seizures and Epilepsy
A 98-page document developed under a DOJ grant by the Police Executive Research
Forum that provides law enforcement personnel with information on how to
recognize and respond effectively to a person who has a seizure disorder.

Title II Action Guide
A guide developed by Adaptive Environments Center, Inc., under a grant from the
National Institute on Disability and Rehabilitative Research, U. S. Department
of Education, that explains compliance obligations for State and local government
programs and services.

Resource Lists
ADA Nationwide Resources
A 43-page document developed under a DOJ grant by the Food Marketing Institute
that contains a list of Federal resources, regional centers for technical
assistance, State councils that provide information and referral services,
private organizations, and a list of publications on disability.
Telephone Numbers for ADA Information (U.S. Department of Justice)

A list that contains telephone numbers of Federal agencies responsible for
providing information about the ADA and organizations funded by the Federal
Government to provide ADA information.

V. How to File Complaints

Title I

Complaints about violations of title I (employment) by units of State and local
government or by private employers should be filed with the Equal Employment
Opportunity Commission. Call 1-800-669-4000 for the field office in your area.

Titles II and III

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 -

U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Post Office Box 66738
Washington, D.C.  20035-6738