enforcing the ada · this status report covers the ada activities of the department of justice...

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Enforcing the ADA:A Status Report from the Department of Justice

October - December 2003

This Status Report covers the ADA activities of the Department of Justice during the fourthquarter (October - December) of 2003. This report, previous status reports, and a wide range ofother ADA information are available through the Department’s ADA Home Page on the WorldWide Web (see page 14). The symbol (**) indicates that the document is available on the ADAHome Page.

INSIDE...

ADA Litigation ............................................... 2Formal Settlement Agreements ................... 5Other Settlements ......................................... 9Mediation ..................................................... 11Certification ................................................. 13Technical Assistance ....................................14Other Sources of ADA Information ........... 16How to File Complaints .............................. 17

2003, Issue 4

ENFORCING THE ADA -- UPDATE • OCTOBER - DECEMBER 20032

ENFORCEMENT/LITIGATION

The Americans with Disabilities Act (ADA) is a comprehensive civil rights law forpeople with disabilities. The Department of Justice enforces the ADA’srequirements 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

thousands 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 compensa-

tory damages and back pay to remedy

discrimination. Under title III the

Department may also obtain civil

penalties of up to $55,000 for the first

violation and $110,000 for any subsequent

violation.

1. Decisions

Title I

Supreme Court Tells Ninth Circuit toReconsider ADA Employment Case -- TheDepartment filed an amicus brief in the U.S.Supreme Court in Raytheon v. Hernandez, a

suit challenging an employer’s refusal torehire an individual who had earlier lost hisjob because of illegal drug use. The plaintiff,Joel Hernandez, was an employee of theHughes Missile Systems Company (lateracquired by Raytheon Company) in 1991when he tested positive at work for cocaineuse. Under Raytheon’s policy prohibiting theuse of illegal drugs, Hernandez’s employmentwas terminated. In 1994, after Hernandez hadrecovered from his drug addiction andalcoholism, he applied to be rehired byRaytheon. Raytheon denied his applicationfor employment because of a policy of notrehiring former employees who wereterminated for violating company rules.Hernandez filed suit under title I alleging thatRaytheon refused to hire him because of hishistory of drug addiction in violation of theADA. The U.S. District Court for the Districtof Arizona ordered the case dismissed but theU.S. Court of Appeals for the Ninth Circuitdisagreed. The Department filed an amicusbrief in the Supreme Court arguing thatRaytheon’s policy did not violate the ADAbecause it was a neutral policy applied in anondiscriminatory manner. It noted that thepolicy applied equally to all former employeesdischarged for misconduct regardless of thetype of misconduct that was the basis for the

ENFORCING THE ADA -- UPDATE • OCTOBER - DECEMBER 2003 3


discharge and regardless of whether theformer employee had a disability. It alsonoted that the ADA explicitly allowsemployers to hold employees who use illegaldrugs to the same qualification and behavioralstandards as other employees even if anemployee is unable to meet those standardsbecause of his drug use. The brief also arguedthat the case should be dismissed becauseHernandez failed to present sufficientevidence that the no-rehire policy was beingapplied in a way that singled out Hernandezbecause of disability. The Supreme Courtruled that the Ninth Circuit erred in reinstatingthe suit because of the possibility that theRaytheon misconduct policy might haveunknowingly screened out people with ahistory of drug addiction. Such “screeningout” is only relevant with regard to a disparateimpact claim, which both lower courts agreedhad not been asserted in a timely manner bythe plaintiff. The Court held that themisconduct policy was a legitimatenondiscriminatory explanation for theexclusion and that it rebutted plaintiff’sdisparate treatment claim, which was the onlytype of claim before the Court. It ruled thatthe Ninth Circuit should have limited itsanalysis to whether there was evidence thatthe plaintiff was intentionally singled outbecause of his disability despite this assertedneutral explanation. The Court, however,disagreed with the Solicitor General that thecase should be dismissed at this point for lackof evidence of intentional discrimination andinstead remanded the case to the Ninth Circuitfor further consideration.

Title III

Sixth Circuit Rules “Comparable Line ofSight” Requires More Than Lack ofObstruction in Stadium-Style Theaters --The U.S. Court of Appeals for the SixthCircuit in United States v. Cinemark, USA,Inc., reinstated the Department’s suit allegingthat the accessible wheelchair seating

locations in many of Cinemark’s stadium-styletheaters failed to provide lines of sightcomparable to those of the general public.The wheelchair seating in the theaters is veryclose to the screen and much lower than theseating available to most other patrons. As aresult, wheelchair users in many of thesetheaters are forced to look up at the screen atsharp angles, often resulting in severediscomfort. The district court held that theADA regulation’s mandate for comparablelines of sight requires only that wheelchairusers have an unobstructed view of the moviescreen. In overturning the district courtdecision, the Sixth Circuit agreed with theDepartment that the regulation requires morethan an unobstructed view and that viewingangles for wheelchair users must becomparable in quality to those provided to thegeneral public.

2. New Lawsuits

The Department initiated or

intervened in the following lawsuits.

Title III

Meineker v. Hoyts Cinemas Corporation --The Department moved to intervene in theU.S. District Court for the Northern District ofNew York in Meineker v. Hoyts CinemasCorporation in support of a private lawsuitalleging that the placement of wheelchair andcompanion seating areas outside the tiered“stadium” section of the stadium-style movietheaters at the Crossgates Mall theatercomplex in Guilderland, New York, violatedthe ADA. The U.S. Court of Appeals for theSecond Circuit asked the district court todecide whether the Department’s interpretationof comparable line of sight, which wouldrequire accessible seating in the stadiumsection of the stadium-style theater, is areasonable and consistent interpretation of theregulation and therefore entitled to deference;



and if so, whether Hoyts Cinemas hadreasonable notice of that interpretation at thetime of construction or renovation of itstheaters. The district court had earlier ruledthat comparability of sight lines includesconsideration of viewing angles, and not justwhether the view is obstructed, but that theADA does not necessarily require theaccessible seating to be in the tiered portion ofa stadium-style theater if the accessibleseating is far enough from the screen. Onappeal, the Department argued in an amicusbrief that the regulation requires thatwheelchair users in movie theaters beprovided lines of sight within the range ofviewing angles offered to most patrons of thecinema, and that wheelchair seating in astadium-style theater be integrated into theelevated, stadium portion of the auditorium.

3. 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

**U.S. v. AMC Entertainment, Inc. -- TheDepartment and AMC Entertainment, Inc.,agreed to a consent decree in the U.S. DistrictCourt for the Central District of Californiaresolving accessibility problems in newlyconstructed AMC stadium-style movietheaters not related to the provision ofcomparable lines of sight. AMC agreed tocorrect a wide range of violations in 12theaters surveyed by the Department,including insufficient maneuvering space atdoors; insufficient numbers of assistivelistening devices; improperly placed or absentvisual fire alarms; protruding objects;excessive cross slopes at designated accessibleparking spaces; improper or absent signage;

auditorium violations, including hundreds ofinterior ramp slopes that are too steep; andinaccessible toilet rooms. AMC also agreed tosurvey and remedy new constructionviolations in over 70 other theaters. Thisconsent order does not affect the DistrictCourt’s earlier ruling that AMC’s wheelchairseating failed to provide comparable lines ofsight to its patrons with disabilities, which ison appeal by AMC in the U.S. Court ofAppeals for the Ninth Circuit.

**U.S. v. Top China Buffet -- TheDepartment entered into a consent decree inthe U.S. District Court for the SouthernDistrict of Indiana resolving a lawsuit broughtby the Department alleging that Top ChinaBuffet, an Indianapolis restaurant, violated theADA when it refused service to a woman whowas accompanied by her service dog. Thecomplainant, who uses a wheelchair, isassisted by the animal in picking up anddelivering objects that she is unable to reachherself. A Top China employee allegedly said“No dog!” to the complainant and her familyas they entered the restaurant even though thedog was wearing a blue harness identifyinghim as a service animal. The complainant andher husband told the employee that the dogwas not a pet, but rather a service animal thatis authorized under the ADA to go intorestaurants. She presented a card certifyingthat her dog is a specially trained serviceanimal, but the employee repeated that nodogs were allowed. Unable to be seated orserved, she and her family left the restaurant.Top China agreed to take corrective steps,including adopting and enforcing acompliance policy on the treatment ofcustomers using service animals, training itsemployees, and posting appropriate signs atthe restaurant welcoming individuals withdisabilities who are accompanied by theirservice animals. Top China also agreed to paya total of $5,000 in damages to thecomplainant and her family and $2,400 incivil penalties to the United States.


ENFORCEMENT/LITIGATION/FORMAL SETTLEMENT AGREEMENTS

**Department Defends Title II Constitutionality in Supreme Court -- TheDepartment filed a brief in the Supreme Court in Tennessee v. Lane defending theconstitutionality of lawsuits against States under title II. The suit was brought by twoindividuals who use wheelchairs against the State of Tennessee and 25 of its counties forhaving inaccessible courthouses. One plaintiff was charged with two misdemeanoroffenses and had to crawl up two flights of stairs to reach the courtroom to answer thecharges. The other plaintiff, a certified court reporter, alleged that the inaccessiblecourthouses impaired her ability to practice her profession and serve clients. TheDepartment intervened in this case in the Sixth Circuit to defend the constitutionality oftitle II suits against States. The Sixth Circuit ruled that title II is an appropriateexpression of congressional authority to enforce the due process rights (but not the equalprotection rights) guaranteed by the 14th Amendment and refused to dismiss the suit.The Department’s brief in the Supreme Court argues that, in light of the pervasive historyof discrimination by States against people with disabilities, the abrogation of Statesovereign immunity by Congress is an appropriate exercise of its authority to enforce theequal protection, due process, and other constitutional rights of people with disabilities.

B. Formal SettlementAgreements

The Department sometimes resolves

cases without filing a lawsuit by means of

formal written settlement agreements.

Title II

**Brookside Gardens, Wheaton, Maryland-- The Maryland-National Capital Parks andPlanning Commission entered into anagreement to improve accessibility atBrookside Gardens, a botanical garden andconservatory near Washington, D.C. TheCommission, a bi-county agency thatadministers a regional system of parks, agreedto provide accessible parking, entrance signs,drinking fountains, and toilet rooms at thevisitor’s center and to provide accessibleparking, counters, drinking fountains, andtoilet rooms at the conservatory, as well asaccessible routes through the greenhouses.

Campbell County, Wyoming -- TheDepartment signed an agreement withCampbell County, Wyoming, resolving acomplaint by a blind individual alleging thatthe county failed to provide court documentsto her in Braille in a timely manner, takingfour months to respond to her request. Thecounty agreed to adopt a written policy ofnondiscrimination on the basis of disabilityand to provide appropriate auxiliary aids andservices where necessary to ensure effectivecommunication.

**Folly Beach, South Carolina -- TheDepartment reached an agreement underProject Civic Access with the City of FollyBeach, South Carolina, resolving a complaintby a wheelchair user that the city’s town hall,community center, community park, OceanPark Pavilion, and places of public parkingwere inaccessible to persons with disabilities.The city agreed to provide accessible toiletrooms and an accessible dispatch room at thetown hall, accessible parking, toilet rooms,and entrances at the community center andcommunity park, and accessible toiletfacilities at the Ocean Park Pavilion.


ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTS

**Pleasant Valley, Missouri -- The City ofPleasant Valley signed a settlement agreementresolving a complaint alleging that the newlyconstructed city hall was not accessible. Thefacility was built into a hill and housed bothcity hall at the top of the structure and thesheriff’s department at the bottom. Each hadseparate entrances and, although there was astairwell in the employee area connecting thetwo offices, there was no elevator. The cityagreed to install an elevator as required by theADA Standards for Accessible Design,provide a van-accessible space, adjust theplacement of a toilet in the police departmentto make it accessible, andprovide access to the alderman’splatform.

Evanston, Wyoming -- TheDepartment reached anagreement with the City ofEvanston resolving a complaintthat the Evanston MunicipalCourt failed to provide a qualified signlanguage interpreter to a deaf individualduring the arraignment of his son and, instead,asked the son to interpret for his father. Thecity agreed to adopt a policy and procedures toensure that individuals who are deaf or hard ofhearing having business with the municipalcourt, including parties, witnesses, jurors, orspectators, are provided appropriate auxiliaryaids and services. The agreement alsorequires the city to pay the complainant $600in monetary damages.

Connecticut Judicial Branch, Hartford,Connecticut -- The Department entered intoan agreement with the State of ConnecticutJudicial Branch, Superior Court OperationsDivision, resolving a complaint filed by acriminal defendant who is deaf and who usessign language for communication. Thecomplainant alleged that the State failed toprovide effective communication during threejudicial proceedings by refusing to provide asign language interpreter. The State agreed to

furnish appropriate auxiliary aids and services,including qualified sign language and oralinterpreters, where necessary to ensureeffective communication with individuals withdisabilities.

Title III

**McKinley Chalet Resort, Denali Park,Alaska -- The Department entered into asettlement agreement with the McKinleyChalet Resort resolving a complaint filed byan individual who uses a wheeled walker. Shealleged that the 345-room resort had an

insufficient number of guestrooms accessible to people withmobility impairments. The resortagreed to make physicalmodifications to its facilities toprovide accessible parking,entrances, interior and exteriorroutes, public telephones, toiletrooms, service counters, drinking

fountains, and dinner theater amenities. It alsoagreed to provide nine fully accessible guestrooms.

Missouri College, St. Louis, Missouri -- TheDepartment signed an agreement resolving acomplaint against Missouri College by a deafstudent who uses sign language. The studentcomplained that the college refused to providean interpreter during two continuing educationcourses. The agreement requires the collegeto furnish appropriate auxiliary aids andservices, including sign language and oralinterpreters, where necessary to ensureeffective communication with individuals withdisabilities. The college posted this policy ininformational materials and agreed to provideannual ADA training to all of its staff whointeract with students. The college alsoagreed to pay the complainant $1,500.

FormalSettlement

Agreements


**Alamo and National Agree to Make Airport Car Rental Shuttles Accessible --ANCRental Corporation, and its subsidiaries, Alamo Rent-A-Car LLC and National CarRental System, Inc., agreed to provide accessible shuttle buses at airport car rentallocations nationwide owned by ANC. The settlement agreement resolves severalcomplaints filed by disabled travelers who use a wheelchair or scooter alleging that thecompanies did not provide accessible shuttle buses between the airport terminal and therental lots. Under the agreement each ANC-owned location will have at least oneaccessible shuttle bus within sixty days. The parties also agreed to ensure that all largershuttle bus vehicles (seating 17 or more passengers) and up to 10 percent of smallervehicles they purchase or lease in the future are accessible. They will also adopt a policyfor ensuring equivalent service to individuals with disabilities by providing curbsidepickup and drop-off services when an accessible shuttle bus vehicle is not available.


Howard Johnson Maingate Hotel, Tampa,Florida -- The Department reached anagreement with the Howard Johnson MaingateHotel resolving a complaint by a wheelchairuser that the hotel, located at the entrance tothe Busch Gardens amusement park, did notprovide adequate accessible parking,accessible routes, or fully accessible guestrooms for people with mobility impairments.The hotel agreed to improve the accessibilityof the four guest rooms designated as“accessible” by installing accessible grab bars,toilet flush controls, in-tub seats, and towelracks, as well as by providing adequate clearfloor space at the lavatories and toilets. Thehotel also agreed to provide an additional fifthaccessible parking space, to make one of thespaces van accessible, and to provide anaccessible route from the parking to the frontentrance.

Dr. Faramarz Behzadi, Jacksonville,Florida -- The Department entered anagreement with Dr. Faramarz Behzadi, asurgeon, resolving a complaint by a deafindividual that the doctor refused to provide aqualified sign language interpreter duringthree scheduled medical appointments. At thefirst visit Dr. Behzadi allegedly asked thepatient’s accompanying friend, who could notsign, to communicate with the patient. At thenext two visits the local independent living

center provided an interpreter. Dr. Behzadiagreed to ensure that patients or companionswho are deaf or hard of hearing are providednecessary auxiliary aids and services.Dr. Behzadi also agreed to reimburse theIndependent Living Resource Center ofNortheast Florida in the amount of $200 forthe cost of interpreter services provided.

Valu + Stores of New Mexico, Inc.,Alamogordo, New Mexico -- TheDepartment reached an agreement with Valu +Stores resolving a complaint filed by a personwho uses a wheelchair alleging that he haddifficulty entering the Lots-A-ShopsMerchants Mini Mall due to a steep accessramp. The Department’s investigation alsofound that parking spaces designated forpersons with disabilities were too small andwere not located on the shortest accessibleroute. Valu + agreed to make the ramp andparking accessible and to provide curb cutsalong the accessible route.



**Ramada Limited Atlantic Avenue,Virginia Beach, Virginia -- The 94-roomRamada Inn Atlantic Avenue, which addedaccessible guest rooms and accessible publictoilet rooms during a 1997 remodeling, agreedto purchase an additional communication kit(including a telephone amplifier, door knocksignaler, telecaption decoder, wake-up system,and visual/audio smoke detector) to add to thetwo kits that it already had and to purchaseadditional kits if needed to meet demand forup to nine rooms.

**Eastern College Athletic Conference,Centerville, Massachusetts -- A deaf refereecomplained that the Eastern College AthleticConference discriminated against her becauseof her deafness and the need for sign languageinterpreter services by allegedly reducing thenumber of her officiating assignments; byfailing to communicate effectively with herabout her performance evaluation; by failingto respond promptly to her concerns aboutevaluation and communication; and byexcusing her from participation in an annualmandatory referee camp for women’sbasketball officials while other officials

received invitations to the camp. The ECACagreed to take appropriate steps to provide herwith equal opportunity in officiatingassignments, to provide appropriate auxiliaryaids and services, to appoint an ADAcoordinator, and to notify its memberinstitutions and their staffs about the ADArequirement for effective communication.

Executive Inn, Oakland, California -- TheU.S. Attorney’s Office for the NorthernDistrict of California entered into anagreement with East Bay Hotel LP, owner andoperator of the Executive Inn. Under theagreement, the hotel will provide seven guestrooms that have telephones with volumecontrols, visual and vibrating fire and smokealarms, and visual door knock alertingdevices. Additionally, the Executive Inn willpurchase two portable TDD’s and provideappropriate staff training on their use.

**Convenience Store Chain Agrees to Remove Barriers -- The Department entered anagreement with Little General Stores, Inc. that will improve accessibility throughout thecompany’s chain of 48 convenience stores. The agreement resolves a complaint by anindividual who alleged that her son, a wheelchair user, was unable to enter a LittleGeneral retail store and use the restroom because both the entrance and restroom roomhad barriers to access that would have been readily achievable to remove. Little Generalsaid that 30 out of its 48 retail stores do, in fact, comply with the ADA and agreed tosubmit documentation and photos of certain elements, such as parking, entrances, toiletrooms, counters, and interior and exterior routes from each store, and to work with theDepartment to bring these stores into compliance if any barriers are identified. Inaddition, for the remaining 18 retail stores Little General agreed to remove barriers toaccess where it is readily achievable to do so in those stores that were constructed beforethe ADA’s effective date. It also agreed to make modifications to stores that were alteredsince the ADA’s effective date in order to bring them into compliance with the ADAStandards for Accessible Design. Little General will also pay $3,000 to the complainantin compensatory damages.


ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTSOTHER SETTLEMENTS

Hilton Garden Inn, Washington, D.C. --The Department entered an agreement withthe Hilton Garden Inn resolving a complaintalleging that it seated a blind individual in aseparate lounge area for dinner instead of inthe restaurant because of her service dog. Thehotel agreed to adopt a policy welcomingpeople with disabilities and their serviceanimals, post it in a conspicuous location inthe lobby of the hotel, and provide ADAtraining to its employees.

Wee-Kare Nursery, Rocky Gap, Virginia --The Department reached an agreement withWee-Kare Nursery, a home-based daycarecenter, resolving a complaint that the childcare provider had terminated a child from itsprogram because his mother had hepatitis C.After the mother told the daycare owner inconfidence that the reason she had been goingto so many doctor’s appointments wasbecause of her hepatitis C, the nursery ownersaid that she would no longer take care of herson, even though the child had tested negativefor hepatitis C. The owner agreed to attend atraining program on the ADA obligations ofchild care providers, adopt a writtennondiscrimination policy, and pay $1,000 incompensatory damages to the complainant.

West Orange YMCA, Orlando, Florida --The Department entered into an agreementwith the West Orange YMCA resolving acomplaint filed by a woman with mobilityimpairments who alleged that the YMCAfacility lacked accessible features in the lockerrooms, accessible toilet stalls, and anaccessible route to the swimming pool. TheYMCA agreed to undertake renovations thatwould correct these accessibility problems.

Paramount One Hour Photo, Paramount,California -- The Department reached anagreement with Paramount One Hour Photoresolving a complaint alleging that thebusiness refused service to a child withautism. Paramount allegedly refused service

to a 10-year-old boy with autism when the boybegan to talk to himself while thephotographer prepared to take the photos.Paramount agreed to post a notice in the storewelcoming customers with disabilities and pay$1,250 in compensation to the child.

Nashville School of Law, Nashville,Tennessee -- A student with dyslexiacomplained that the Nashville School of Lawfailed to provide the student extra time duringexams. The school agreed to develop acomprehensive statement of its requirementsand procedures for processing requests foracademic accommodations from individualswith disabilities and designate staff to ensurethat the requests are addressed in a timelymanner.

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

An individual who is deaf complained that anorthern state department of corrections didnot provide a sign language interpreter forhim during meetings with his probationofficer. Although the department ofcorrections has an ADA communicationpolicy, some employees were not aware of thispolicy. The department agreed to distributethe policy to all offices and employeesstatewide.


ENFORCEMENT/OTHER SETTLEMENTS

Title III

An individual who uses a wheelchaircomplained that there was no accessibleentrance for a pizza restaurant and gift shop inAlaska. The facility owner installed anentrance ramp and leveled the ground at thebase of the ramp.

An individual who is deaf and uses signlanguage for communication alleged that aNorth Carolina hospital failed to provide asign language interpreter in order for him tobetter understand how to care for his 18-year-old son who underwent surgery. The hospitalagreed to provide appropriate auxiliary aidsand services to its patients and theircompanions who are deaf or hard of hearingtwenty-four hours a day, seven days a week.

The U.S. Attorneys obtained informalsettlements in the following cases --

District of Arizona -- An individual who usesa wheelchair complained that the pool tablesat an Arizona restaurant were not accessiblebecause they were located on a raised portionof the restaurant floor. The restaurant agreedto relocate a pool table to an accessiblelocation in the same area of the restaurant, toremove the barriers to access in the restrooms,and to install accessible parking spaces.

Southern District of Iowa -- An Iowamunicipality agreed to revise its buildingplans for a new city hall to include an elevator.

An individual who uses a motorized, battery-operated vehicle complained that some of thesidewalks in an Iowa town are inaccessible;that, as a result, he is occasionally required todrive his mobility device into the street inorder to get around town; and that on at leastthree occasions police officers threatened to

ticket him and to confiscate his vehicle fordriving on the street. The city agreed to allowindividuals with disabilities who usemotorized devices to use public streets whensidewalks are inaccessible.

Western District of Louisiana -- Anindividual who is deaf and blind complainedthat an oral surgeon’s office would not providean interpreter for her upcoming appointment.The physician’s office agreed to arrange for aninterpreter for the patient’s appointment andthe patient was able to keep her appointmentas scheduled.

Southern District of New York -- Anindividual complained that his polling place, alocal elementary school, was not accessible toindividuals who use wheelchairs. The schoolinstalled a ramp at the building’s mainentrance and removed a bar in the doorwaythat was blocking access.

A individual who uses a service animalcomplained he was denied access to a grocerystore. The store apologized and modified itspolicy to permit access to individuals withdisabilities using service animals.


MEDIATION

II. Mediation

restaurant, informed staff of the newpolicy, and provided two pairs ofcomplimentary dinners to the complainant.

• In South Carolina, a wheelchair usercomplained that a fairgrounds arena wasinaccessible. The fairgrounds ownersagreed to create an accessible seating areafor at least ten wheelchair usersimmediately in front of the bleachers,create an accessible path of travel to theaccessible seating area for each event, andrent bleachers that met safety standards,including hand rails. The organizationalso developed and distributed to all paidand volunteer fairground workers andsecurity staff an information sheet onappropriate ways to assist persons withdisabilities.

• In Texas, an individual filed a complainton behalf of relatives who use wheelchairsalleging that a restaurant was inaccessible.The restaurant created a van-accessibleparking space and appropriate signage,created a clearly marked path from theparking space to the restaurant entrance,constructed a properly sloped ramp to theentrance, and modified the restroom andthe path of travel to the restroom toprovide access to persons usingwheelchairs.

• In Pennsylvania, a disability rightsadvocacy organization complained that arestaurant’s restrooms were inaccessible.The restaurant agreed to renovaterestrooms to comply with the ADA,including posting proper signage atrestroom entrances, installing lever doorhandles on restroom entrance doors,repositioning paper towel dispensers, andinsulating sink pipes.

Under a contract with the Department

of Justice, The Key Bridge Foundation

receives referrals of complaints under

titles II and III for mediation by

professional mediators who have been

trained in the legal requirements of the

ADA. An increasing number of people

with disabilities and disability rights

organizations are specifically requesting

the Department to refer their complaints

to mediation. More than 400 professional

mediators are available nationwide to

mediate ADA cases. Over 75 percent of

the cases in which mediation has been

completed have been successfully

resolved. Following are recent examples

of results reached through mediation.

• A wheelchair user in Oklahomacomplained that a large retail store had anumber of barriers to access. The storeagreed to install curb ramps and relocateaccessible parking spaces to provide anaccessible route from the sidewalk throughthe store entrance, install concrete blocksto maintain an accessible path of travel tothe refueling area and signage identifyingthe accessible fuel pump, and lower thecheck-writing and point of sale reader toprovide check out access to individualsusing wheelchairs. The store providedADA training to its fuel center employeesand store managers and agreed to monitoraccess within the store and refuelingcenter on an ongoing basis.

• In California, an individual with multiplesclerosis complained that a restaurantrefused access to her because she used aservice animal. The restaurant changed itspolicy to allow service animals to enter the


MEDIATION

• In Virginia, a wheelchair user complainedthat a restaurant renovated in 1997 failedto provide accessible restrooms or van-accessible parking. The restaurantinstalled van-accessible parking with acurb ramp, an appropriate access aisle andsignage. The restaurant also created anaccessible unisex restroom and modifieddoor hinges to permit easy opening.

• In Georgia, a person who is deafcomplained that a hotel failed to provideaccessible notification devices in guestrooms. The hotel placed kits containingportable TTY’s, visual alarms, and visualnotification devices in each of its hotels inaccordance with the requirements of theADA and installed sign age at theregistration desk to notify guests of theavailability of the kits upon request atcheck-in. The hotel also developed asystem for obtaining additionalnotification devices if needed to meet anincreased number of guest requests. Thehotel agreed to train all customer servicestaff on the ADA and to reimburse thecomplainant for the cost of the room.

• In New Jersey, a wheelchair usercomplained that a theater auditorium hadno accessible seating and that the secondfloor auditoriums were inaccessible. Thetheater agreed to install accessible seating,companion seating, and aisle transferseating in the first floor auditoriums; placesign age near each ticket counter notifyingcustomers of the availability of accessibleseating and assistive listening devices; andchange the telephone informationannouncement to identify the auditoriumnumber of each movie playing, theaccessible seating available in thatauditorium, and the availability ofassistive listening devices. In theaterswith inaccessible auditoriums, the theater

will show all new movies for at least thefirst two weekends in accessibleauditoriums. Afterwards, movies will berelocated to an accessible auditorium at amutually agreeable date and time uponrequest of a customer with a disability.The theater also made restrooms and ticketmachines accessible and trained staff onthe use and maintenance of assistivelistening devices.

• In Virginia, a person with a learningdisability alleged that his request foraccommodations for a standardizedprofessional certification test was denied.The certification entity and the testingcenter agreed to administer his test in aseparate room with no distractions and theparties selected a mutually acceptablereader. Because a date at the closesttesting center was not available, thecertification entity paid for transportationand accommodations at the nearestavailable center.

• In Ohio, a person who is deaf complainedthat a county court failed to provideinterpreters for a hearing as he hadrequested. The county agreed to provideinterpreters upon request for all courtproceedings, including administrativehearings, mediations, and arbitrations.

• In Illinois, two individuals complainedthat a company refused to rent jet skis tothem because they are deaf. The companyagreed to change its policy and rent watersport equipment to customers who are deafor hard of hearing. The company also paidthe complainants $200.


CERTIFICATION

III. Certification of State and Local AccessibilityRequirements

The ADA requires that newly

constructed or altered places of public

accommodation and commercial facilities

comply with title III of the ADA, including

the ADA Standards for Accessible Design

(ADA Standards). The Justice Department

is authorized to certify that State and local

accessibility requirements, which are often

established through building codes, meet

or exceed the ADA’s accessibility

requirements. In any lawsuit that might

be brought, an entity that complies with a

certified State or local code can offer that

compliance as rebuttable evidence of

compliance with the ADA.

In implementing its certification authority,the Department works closely with Stateand local officials, providing, as needed,detailed technical assistance to facilitateefforts to bring those accessibilityrequirements into accord with the ADAStandards. In addition, the Departmentresponds to requests from private entitiesfor review of the accessibility provisions ofmodel codes and standards, and providesinformal guidance regarding the extent towhich they are consistent with theminimum accessibility requirements of theADA.

The Department has certified the accessibilitycodes of the States of Washington, Texas,Maine, and Florida, and has pending requestsfor certification from California, Indiana,Maryland, New Jersey, and North Carolina.

Recent certification activity includes --

Maryland -- The Department received noadverse comments during the comment periodfor its May 29, 2003, preliminary certificationthat the Maryland Accessibility Code meets orexceeds the new construction and alterationsrequirements of title III of the Americans withDisabilities Act. The Department held itssecond and final public hearing on thepreliminary certification. At the hearing,support was voiced for the Department’spreliminary determination and the Departmentwas urged to issue a final certification for theMaryland Accessibility Code as soon aspossible.


TECHNICAL ASSISTANCE

IV. Technical Assistance

The ADA requires the Department of

Justice to provide technical assistance to

businesses, State and local governments,

and individuals with rights or

responsibilities under the law. The

Department provides education and

technical assistance through a variety of

means to encourage voluntary

compliance. Our activities include

providing direct technical assistance and

guidance to the public through our ADA

Information Line, ADA Home Page, and Fax

on Demand, developing and disseminating

technical assistance materials to the

public, undertaking outreach initiatives,

and coordinating ADA technical assistance

government wide.

ADA Home Page

The ADA Home Page is operated by theDepartment on the Internet’s World Wide Web(www.ada.gov). The home page providesinformation about --

� the toll-free ADA Information Line,

� the Department’s ADA enforcementactivities,

� the ADA technical assistance program,

� certification of State and local buildingcodes,

� proposed changes in ADA regulationsand requirements, and

� the ADA mediation program.

The home page also provides direct access to --

� electronic versions of the ADAStandards for Accessible Design,including illustrations and hyperlinkedcross-references,

� ADA regulations and technicalassistance materials (which may beviewed online or downloaded for lateruse),

� on-line ordering of the ADA TechnicalAssistance CD-ROM,

� Freedom of Information Act (FOIA)ADA materials, including technicalassistance letters, and

� links to the Department’s pressreleases and Internet home pages ofother Federal agencies that containADA information.

ADA Information Line

The Department of Justice operates a toll-freeADA Information Line to provide informationand publications to the public about therequirements of the ADA. Automated service,which allows callers to order publications bymail or fax, is available 24 hours a day, sevendays a week. ADA specialists are available onMonday, Tuesday, Wednesday, and Fridayfrom 9:30 a.m. until 5:30 p.m. and onThursday from 12:30 p.m. until 5:30 p.m.(Eastern Time). Spanish language service isalso available.


TECHNICAL ASSISTANCE

ADA Business Connection Promotes Houston Cooperation, New Business Briefs --Assistant Attorney General for Civil Rights, R. Alexander Acosta, convened an ADABusiness Connection meeting in Houston, Texas, hosted and moderated by The Institutefor Rehabilitation and Research, to allow leaders of the Houston-area business anddisability communities to come together to discuss local issues and concerns and toidentify potential strategies and projects to increase access for people with disabilities.The ADA Business Connection was created by the Civil Rights Division to bring aboutincreased cooperation between the business and disability communities nationwide topromote full participation of people with disabilities in the American economy. Onecooperative project inspired by the Houston meeting will sponsor a web designcompetition to encourage businesses throughout the city to make their web sitesaccessible to people with disabilities. The Department also distributed two new ADABusiness Briefs at the Houston meeting -- **Communicating with People Who AreDeaf or Hard of Hearing in Hospital Settings and **Communicating with GuestsWho are Deaf or Hard of Hearing in Hotels, Motels, and Other Places of TransientLodging. ADA Business Briefs are short documents explaining specific ADA issues thatare designed to improve understanding and voluntary compliance with the ADA. Theseand other ADA Business Briefs are available from the ADA Website (www.ada.gov) orthey can be obtained by mail or fax by calling the ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY).

To obtain general ADA information, getanswers to technical questions, order freeADA materials, or ask about filing acomplaint, please call:

800-514-0301 (voice)800-514-0383 (TTY)

ADA Fax On Demand

The ADA Information Line Fax DeliveryService allows the public to obtain free ADAinformation by fax 24 hours a day, seven daysa week. By calling the number above andfollowing the directions, callers can selectfrom among 34 different ADA technicalassistance publications and receive theinformation, usually within minutes, directlyon their fax machines or computer fax/modems. A list of available documents andtheir code numbers may also be orderedthrough the ADA Information Line.

Publications and Documents

Copies of the Department’s ADA regulationsand publications, including the TechnicalAssistance Manuals for titles II and III, can beobtained by calling the ADA InformationLine, visiting the ADA Home Page, or writingto the address listed below. All materials areavailable in standard print as well as largeprint, Braille, audiotape, or computer disk forpersons with disabilities.

U.S. Department of JusticeCivil Rights Division950 Pennsylvania Avenue, N.W.Disability Rights Section - NYAVWashington, D.C. 20530

Some publications are available in foreignlanguages. For further information please callthe ADA Information Line.


TECHNICAL ASSISTANCE/OTHER SOURCES OF INFORMATION

Copies of the legal documents and settlementagreements mentioned in this publication canbe obtained by writing to --

U.S. Department of JusticeCivil Rights Division950 Pennsylvania Avenue, N.W.FOIA Branch, NALC Room 311Washington, D.C. 20530

Fax: 202-514-6195

Currently, the FOI/PA Branch maintainsapproximately 10,000 pages of ADA material.The records are available at a cost of $0.10 perpage (first 100 pages free). Please make yourrequests as specific as possible in order tominimize your costs.

The FOI/PA Branch also provides access toADA materials on the World Wide Web(www.usdoj.gov). A link to search or visit thiswebsite is provided from the ADA HomePage.

V. Other Sources of ADA Information

The Equal Employment OpportunityCommission offers technical assistance to thepublic concerning the employment provisionsof title I of the ADA.

ADA publications800-669-3362 (voice)800-800-3302 (TTY)

ADA questions800-669-4000 (voice)800-669-6820 (TTY)

www.eeoc.gov

U.S. Department of Transportation,Federal Transit Administration

ADA Assistance Line for regulationsand complaints888-446-4511 (voice/relay)

www.fta.dot.gov/26_ENG_HTML.htm

The Federal Communications Commissionoffers technical assistance to the publicconcerning the communication provisions oftitle IV of the ADA.

ADA publications and questions888-225-5322 (voice)888-835-5322 (TTY)

www.fcc.gov/cgb/dro

The U.S. Architectural and TransportationBarriers Compliance Board, or AccessBoard, offers technical assistance to thepublic on the ADA Accessibility Guidelines.

ADA publications and questions800-872-2253 (voice)800-993-2822 (TTY)

www.access-board.gov

The Disability and Business TechnicalAssistance Centers are funded by the U.S.Department of Education through the NationalInstitute on Disability and RehabilitationResearch (NIDRR) in ten regions of thecountry to provide resources and technicalassistance on the ADA.

ADA technical assistance800-949-4232 (voice & TTY)

www.adata.org


OTHER SOURCES OF INFORMATION/HOW TO FILE COMPLAINTS

Project ACTION is funded by the U.S.Department of Transportation to provide ADAinformation and publications on makingtransportation accessible.

Information on accessible transportation800-659-6428 (voice/relay)

http://projectaction.easterseals.com

The Job Accommodation Network (JAN) isa free telephone consulting service funded bythe U.S. Department of Labor. It providesinformation and advice to employers andpeople with disabilities on reasonableaccommodation in the workplace.

Information on workplace accommodation800-526-7234 (voice & TTY)

www.jan.wvu.edu

VI. How to File Complaints

Title I

Complaints about violations of title I(employment) by units of State and localgovernment or by private employers should befiled with the Equal Employment OpportunityCommission. Call 800-669-4000 (voice) or800-669-6820 (TTY) to reach the field officein your area.

The Attorney General has determined that publication of this periodical is necessary in the transaction of the publicbusiness required by law of the Department of Justice.

Titles II and III

Complaints about violations of title II by unitsof State and local government or violations oftitle III by public accommodations andcommercial facilities should be filed with --

U.S. Department of JusticeCivil Rights Division950 Pennsylvania Avenue, N.W.Disability Rights Section - NYAVWashington, D.C. 20530

If you wish your complaint to beconsidered for referral to the Department’sADA Mediation Program, please mark“Attention: Mediation” on the outside of theenvelope.