U.S. Department of Justice

Civil Rights Division

Disability Rights Section

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

January - March 2004

This Status Report covers the ADA activities of the Department of Justice during the first quarter(January - March) of 2004. This report, previous status reports, and a wide range of other ADAinformation are available through the Department’s ADA Home Page on the World Wide Web(see page 11). The symbol (**) indicates that the document is available on the ADA Home Page.

INSIDE...

ADA Litigation ............................................... 2Formal Settlement Agreements ................... 3Other Settlements ......................................... 8Mediation ...................................................... 8Certification ..................................................10Technical Assistance .................................... 11Other Sources of ADA Information ........... 13How to File Complaints .............................. 14

2004, Issue 1

ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 20042

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 III

Spector v. Norwegian Cruise Line Ltd. --The U.S. Court of Appeals for the FifthCircuit ruled in Spector v. Norwegian Cruise

Lines, Ltd. that title III does not cover foreign-flagged cruise ships operating in U.S. ports.Plaintiffs, individuals with mobilityimpairments and their nondisabledcompanions, filed suit alleging that a foreign-flagged cruise line discriminated against themby imposing a surcharge for an accessiblecabin, by failing to remove architecturalbarriers to access or to offer services inalternative accessible settings, and by failingto make reasonable modifications to itspractices, policies, and procedures. The courtrejected the arguments made by theDepartment in its amicus brief in favor ofcoverage. It held that title III does not applyto foreign-flagged cruise ships even when theyvoluntarily enter U.S. ports to receivepassengers. Relying on general internationallaw principles that domestic law may not beapplied to foreign-flagged ships withoutspecific evidence of congressional intent to doso, the court found no indication either in thestatutory text or the legislative history thatCongress intended title III to apply to foreign-flagged cruise ships. This decision conflictswith an earlier decision of the Eleventh Circuitin Stevens v. Premier Cruises, Inc. whichagreed with the Department’s amicus brief inthat case arguing that foreign-flagged shipsoperating in U.S. ports are covered.

3ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 2004

ENFORCEMENT/LITIGATION/FORMAL SETTLEMENT AGREEMENTS

2. New Lawsuits

The Department initiated or

intervened in the following lawsuits.

Title II

Miller v. King -- The Department intervenedin the U.S. Court of Appeals for the EleventhCircuit in Miller v. King to defend theconstitutionality of a private lawsuit againstthe State of Georgia under title II. The suit,which includes a claim for damages, wasbrought by a prison inmate who uses awheelchair and alleges a failure by the State tohouse him in an appropriate accessibleintegrated setting. The Department asked thecourt to postpone consideration of this caseuntil the Supreme Court rules on theconstitutionality of the ADA’s abrogation ofState immunity in Tennessee v. Lane.

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 I

United States v. Mississippi Department ofPublic Safety -- The Department settled itslawsuit against the Mississippi Department ofPublic Safety which alleged that the Statediscriminated against a highway patrol cadetwho uses insulin to control his diabetes. Thelawsuit, filed in U.S. District Court for theSouthern District of Mississippi, alleged thatthe cadet made several requests for additionalfood in order to control his diabetes inresponse to the strenuous exercise required atthe State highway patrol academy trainingprogram. The complainant alleged that hisrequests were denied and that as a result hehad an incident of hypoglycemia (low bloodsugar) that left him confused and unable to

report to training. The State subsequentlydismissed him from the academy. Under theconsent decree the State will pay $35,000 indamages, implement a policy to prevent futurediscrimination, and train its officers on theADA and on recognizing diabetes and otherdisabilities. The State will also incorporatean overview of diabetes into its existingcurriculum for training troopers and futurecadets.

Title III

** Bourdon v. Croft -- The Departmentresolved by consent decree a lawsuit in whichit had intervened alleging that Dr. Scott T.Croft and Arizona Bone & Joint Specialists,Ltd., a sports medicine practice with offices inPhoenix and Scottsdale, Arizona, refused toprovide the plaintiff with medical services,including orthopedic surgery, because heidentified himself as being HIV positive.Under the decree filed in the U.S. DistrictCourt for the District of Arizona, thedefendants agreed to pay $120,000 incompensatory damages and attorney’s fees tothe plaintiff and $20,000 in civil penalties tothe United States. The decree also requiresthe defendants to adopt a formalnondiscrimination policy and to provideappropriate medical services to persons withHIV disease.

B. Formal SettlementAgreements

The Department sometimes resolves

cases without filing a lawsuit by means of

formal written settlement agreements.

Title II

** New Project Civic Access AgreementsSigned by Eight Communities -- TheDepartment has signed eight additionalagreements under its Project Civic Accessinitiative, a wide-ranging effort to ensure that

ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 20044

ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTS

cities, counties, towns, and villagesthroughout the United States comply with theADA. The new agreements cover --

Detroit, MichiganLincoln County, NebraskaBinghamton, New YorkCarson City, NevadaCitrus County, FloridaSpringfield, MassachusettsWaukegan Park District, Waukegan,

IllinoisMobile, Alabama

Seventy agreements have been signed to date.Each community will take specific steps,depending on local circumstances, to makecore government functions more accessible topeople with disabilities. The agreements willimprove access to many aspects of civic lifeincluding, courthouses, libraries, parks,sidewalks, and other facilities, and address awide range of accessibility issues, such asemployment, voting, law enforcementactivities, and emergency preparedness andresponse.

** Commonwealth of Massachusetts;Bristol County, Massachusetts -- TheDepartment settled its lawsuit in the U.S.District Court for the District ofMassachusetts against the State and BristolCounty for allegedly violating the ADA byfailing to make the services, programs, andactivities of the county’s trial courts andregistries of deeds accessible to individualswith mobility impairments. The lack ofphysical accessibility or other alternativearrangements -- courtrooms and offices werelocated up flights of stairs in buildings withoutramps or elevators -- allegedly prevented thetwo lawyers with disabilities identified in thecomplaint, and other lawyers, parties,witnesses, jurors, spectators, and citizens withdisabilities, from gaining access to theservices of five courthouses and three

registries of deeds offices. Under theagreement, Massachusetts will make structuralchanges at each courthouse by constructing anelevator or ramp, along with accessiblerestrooms. The agreement also calls formodifications of procedures to ensure that anyservices or programs located in inaccessibleareas in a courthouse will be provided in anaccessible area. The Commonwealth willensure that lawyers, parties, witnesses, jurorsand spectators can attend court proceedings inthe courthouse and have access to all courtservices provided at the courthouse. Inaddition, Bristol County will make structuralchanges at its registries of deeds offices byconstructing a ramp or elevator, along withaccessible restrooms, that will enableindividuals with disabilities to gain physicalaccess to the registries and their services.Until these structural changes are completed,each registry will serve individuals withmobility impairments via mail, internet,facsimile, and curbside service.

Fort Payne, Alabama -- The Departmententered into an agreement with the City ofFort Payne resolving a complaint that thesecond floor of the Fort Payne City Hall isinaccessible to individuals with mobilityimpairments. Under the agreement, theDepartment will review the city’s proposedarchitectural drawings for the new city hallfacility that it is building to ensure that itcomplies with the ADA. Until the new facilityis constructed, the city agreed to relocatemeetings and court proceedings to accessibleareas within the existing city hall building andto make sure that its current procedures forproviding alternative access are wellpublicized and widely disseminated, includingby attaching a notice to all traffic citations andother court notices. The city also agreed tonotify its employees and the public about therequirements of title II and to publicize publicgrievance procedures for resolving title IIcomplaints.

5ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 2004

ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTS

Simon Estes Amphitheater, Des Moines,Iowa -- The U.S. Attorney’s Office for theSouthern District of Iowa entered anagreement with the City of Des Moinesresolving a complaint brought by the CityAccess Advisory Board alleging that theSimon Estes Amphitheater, a newlyconstructed riverside outdoor amphitheaterowned by the city, was not accessible towheelchair users. The complaint alleged thatthere was no accessible route to the stage andno wheelchair seating. The city agreed toinstall a lift to provide an accessible routefrom street level to the lower area of theamphitheater; install a ramp to allow accessonto the stage; designate wheelchair andcompanion seating, and provide assistivelistening devices.

Walla Walla County, Washington -- TheDepartment and Walla Walla County,Washington, entered into an agreement toensure effective communication at the WallaWalla county jail. An individual who is deafalleged that the jail facility lacked a TTY andfailed to provide qualified sign languageinterpreters. The county agreed to purchase aTTY and to provide qualified sign languageinterpreters and other auxiliary aids to ensureeffective communication

Titles II and III

** Maryland Department of JuvenileServices, Baltimore, Maryland; YouthServices International, Inc., Sarasota,Florida -- The Department reachedagreements with the Maryland Department ofJuvenile Services (MDJS) and its privatecontractor, Youth Services International, Inc.(YSI), resolving a complaint alleging a lack ofauxiliary aids at State juvenile detentionfacilities. The complainant, a deaf juvenilewho was detained for five months in an MDJSfacility and for 13 months in a YSI-operatedfacility, alleged that in the first placement hewas never provided access to an interpreter

and that in the second he was provided onlylimited interpreter services. This lack ofinterpreter services largely prevented himfrom participating in rehabilitation,counseling, and other social and educationalprograms. Under the agreements both YSIand MDJS will ensure effectivecommunication for juveniles detained in theirfacilities or who otherwise receive theirservices. They agreed to provide auxiliaryaids and services, including interpreters, whennecessary for effective communication;evaluate juveniles in order to determine whataids are necessary; provide assistivetechnology, such as TTY’s, volume controlsfor telephones, visual alarms, and captioning;conduct staff training on the ADA; anddesignate an ADA compliance officer at eachfacility. Together MDJS and YSI will pay$65,000 in compensatory damages and YSIwill pay a civil penalty of $10,000.

Title III

Gregg Tirone, Esq., Rochester, New York --The Department reached an agreement with aprivate attorney resolving a complaint allegingthat he failed to provide a sign languageinterpreter to a client who is deaf and usesAmerican Sign Language as her principalmeans of communicating. The attorneyagreed to provide qualified sign languageinterpreters to clients with hearing disabilities,when requested to do so, at no charge to theclient. He also agreed to pay $2,200 to theclient, to forego any further amount she oweshim, and to post an announcement in his officestating his willingness to provide signlanguage interpreters upon request.

Extended Love Child Development,Pleasant Prairie, Wisconsin -- TheDepartment entered an agreement withExtended Love Child Development Center toresolve a complaint by the mother of a childwho is deaf alleging that the center refused toprovide sign language interpreters for

ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 20046

ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTS

communication-intensive activities, such asfield trips, and, as a result, her child wasdenied an equal opportunity to participate incenter activities. The center agreed to providequalified sign language interpreters or otherauxiliary aids and services when needed toensure effective communication with deaf orhard of hearing children or parents. It alsoagreed to train its staff on providing auxiliaryaids and to do an age-appropriate presentationon communicating with people with hearingdisabilities for the classmates of any child whois deaf or hard-of-hearing.

New Horizons Computer Learning Center,Windsor, Connecticut -- The Departmententered an agreement with New HorizonsComputer Learning Center of Hartford, Inc., aprivate company that provides courses incomputer science. A deaf individual allegedthat the company asked him to provide, at hisown cost, a sign language interpreter so thathe could participate in the company’sprograms on an equal basis with otherstudents. New Horizons agreed to adopt anew policy providing for appropriate auxiliaryaids and services where necessary to ensureeffective communication, including qualifiedinterpreters, at no cost to the student or

applicant. The company will also advertisethe availability of auxiliary aids and servicesand designate an ADA coordinator to handleall requests for auxiliary aids or services.

Primavera Pizza Kitchen, Downingtown,Pennsylvania -- The Department reached anagreement with Primavera Pizza Kitchen, arestaurant that was newly constructed withtwo inaccessible, raised dining areas. Beforeconstructing the restaurant, the owner soughtand received a waiver from the PennsylvaniaDepartment of Labor permitting theconstruction of the raised dining areas underPennsylvania law, but that waiver did notexcuse the restaurant from compliance withFederal law. The owner agreed to make thetwo raised areas accessible by providing aramp to one area and lowering the floor of thesecond area.

Dr. Jwa-il James Seo, Lorain, Ohio -- TheU.S. Attorney’s Office for the NorthernDistrict of Ohio signed an agreement with Dr.Jwa-il James Seo resolving a complaintalleging that he failed to provide effectivecommunication. The complainant, who isdeaf, scheduled a medical appointment for herfive-year-old son. At the appointment, the

**Safeway Agrees to Additional Measures to Ensure Supermarket Accessibility --The Department reached agreement with Safeway and the Disability Rights Educationand Defense Fund on a third addendum to a settlement agreement requiring Safeway tocorrect ADA violations at its over 1500 grocery stores nationwide, including storesowned by Safeway and operated under another name such as Vons, Pavillions,Dominick’s Fine Foods, Randall’s, Tom Thumb, Genuardi’s, or Carr-Gottstein Foods, Co.Safeway agreed to complete barrier removal and to fix all new construction violationsbefore March 31, 2005, or else pay $75,000 in civil penalties. It also agreed to hire a full-time compliance officer who will be responsible for ensuring compliance throughout thechain, provide ADA training to all store managers, and hire an independent consultant tosurvey up to 90 Safeway stores (selected by the Department of Justice) by September 1,2005, to enable the Department to evaluate Safeway’s compliance with the agreement. Ifthe surveys show substantial noncompliance, Safeway will pay up to $200,000 inadditional civil penalties.

7ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 2004

ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTS

complainant and Dr. Seo attempted tocommunicate by writing notes, but bothagreed they were unable to communicateeffectively in this manner. Dr. Seo later toldthe complainant he could no longer treat herson because he could not afford to pay for asign language interpreter. Under thesettlement, Dr. Seo agreed to provide auxiliaryaids, including sign language interpreters, forthe complainant and all other individuals whoneed such aids. He also agreed to post a signin a conspicuous place to notify patients hewill provide sign language interpreters orother appropriate auxiliary aids or serviceswhen they are necessary for effectivecommunication with patients or theircompanions.

Mariani v. Jordan’s Mexican FoodRestaurant, Phoenix, Arizona -- The U.S.Attorney’s Office for Arizona and Jordan’sMexican Food Restaurant reached anagreement resolving a barrier removalcomplaint. The restaurant will construct aunisex accessible restroom and modify itsparking lot to make it accessible.

Mancino’s Restaurant, Brighton, Michigan --The U.S. Attorney’s Office for the EasternDistrict of Michigan entered into anagreement with Mancino’s Restaurant ofBrighton resolving a complaint involvingdenial of access to a service animal. Thecomplainant, who is a person with a disabilitywho uses a service dog, attempted to attend asocial engagement at the restaurant. Theowner allegedly refused to permit thecomplainant to remain in the restaurantbecause of the presence of her service dog andthreatened to call the police if she did notremove the dog from the premises. Mancino’sagreed to post a policy welcoming serviceanimals in a prominent place at the restaurant,train its employees on the new policy, and paythe complainant $1000 in damages.

Mirabile Investment Corporation (BurgerKing), Memphis, Tennessee -- The U.S.Attorney’s Office for the Western District ofTennessee and Mirabile InvestmentCorporation signed an agreement requiringmodifications to a newly constructed BurgerKing restaurant. Mirabile agreed toreconfigure the toilet rooms, provide signagefor accessible parking spaces, install signagedirecting customers to the accessible entrance,remove a partition in the dining room, andreconfigure seating to provide an accessibleroute through the dining area. In addition,Mirabile will pay $5,000 in civil penalties tothe United States.

Dr. Samuel G. Christopher, Celina, Ohio --The U.S. Attorney’s Office for the NorthernDistrict of Ohio reached an agreement with aphysician who allegedly refused to provide asign language interpreter for an appointmentwith a patient who is deaf. The complainantrequested that the doctor provide a signlanguage interpreter for a medical exambecause at prior appointments she allegedlyhad difficulty communicating with him. Thephysician agreed to provide a sign languageinterpreter for the complainant in the future aswell as for other patients with disabilities whoneed interpreters. He also agreed to train itsstaff on the new policy and post a sign in aconspicuous location in his lobby indicatingthe availability of interpreters.

ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 20048

ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTS/MEDIATION

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.

A woman who uses a crutch and who wouldsoon require an accessible van complainedthat a Connecticut restaurant lacked accessibleparking spaces and an accessible entrance.The restaurant created a van-accessibleparking space with an access aisle andappropriate signage and installed signagedirecting patrons with disabilities to theaccessible public entrance.

District of Arizona -- A student with amobility impairment complained of barriers toaccess at a beauty college. The college agreedto insulate the drain pipes under the sinks inthe men’s and women’s restrooms, move thetime clock so that it is accessible to personsusing wheelchairs, and place a notice on twosoda machines that are inaccessible indicatingthe receptionist will provide assistance inusing the vending machines if needed.

II. Mediation

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.

� In Ohio, a person who uses a serviceanimal that alerts her to oncoming seizureswas denied access to a medical center.Although the participants agreed that thehospital had an appropriate, existingpolicy regarding service animals, thehospital agreed to educating its office staffabout the policy, with particular focus onhelping staff identify and work withpersons with disabilities using serviceanimals when they did not appear to havea disability.

9ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 2004

MEDIATION

� In Florida, a person who is deafcomplained that a State professionalassociation to which she belonged refusedto provide effective communication at itsannual convention and also at its localcounty meetings. The board of directorsof the association adopted a policy toprovide sign language interpreters at itsannual state conventions and localmeetings when requested.

� A wheelchair user alleged that therestroom at a Florida restaurant was toosmall to provide access. The restaurantextended the building and installed anaccessible restroom in the new space. Therestaurant also installed a ramp withhandrails at the restaurant’s entrance.

� In California, a person with a mobilitydisability complained that a marina lackedaccessible parking. The marina installedtwo accessible parking spaces in front ofthe restaurant and an additional accessiblespace was installed in the area reserved forvehicles towing boats. Because much ofthe area was gravel, the marina agreed topave accessible paths of travel fromparking to the restaurant, loading ramp,restrooms, and piers. Entrances to therestaurant and restrooms were alsomodified to increase access. In addition,the respondent paid the complainant $500.

� An individual who is deaf complained thata Florida healthcare provider refused toprovide effective communication. Therespondent agreed to provide interpreterservices when necessary to ensureeffective communication and posted apolicy to that effect. In addition, therespondent paid the complainant $750 forattorney’s fees and $750 in compensation.

� In Florida, a person who is hard of hearingcomplained that a theater company did nothave working assistive listening

equipment for live performances. Thetheater agreed to check the listeningdevices daily and maintain the devices inworking order at all times. The theateralso provided the complainant withcomplimentary tickets to three other showsand concerts.

� A wheelchair user complained thatalthough a Virginia hotel claimed to beaccessible, the incline at the entrance wastoo steep for wheelchair access, and an“accessible” guest room had aninaccessible bathtub. The hotel agreed toinstall a properly sloped ramp with hand-rails and installed bathtub transfer benchesin accessible guest room bathrooms.

� In Illinois, a person who is deafcomplained that a theater did not providesign language interpreters for dramaticperformances. The theater agreed toprovide one interpreted performance fordeaf and hard of hearing patrons for everyrun of each play, regardless of whether arequest had been received, and to includethe schedule of all interpreted plays in itsadvertising. The theater also agreed totrain all front office and management staffon providing effective communication toindividuals who are deaf or hard ofhearing. In addition, the respondentprovided compensation and attorney feesto the complainant.

� An individual who is blind complainedthat a motel in Missouri refused him aroom because he used a guide dog. Themotel agreed to post a sign welcomingpersons with service animals and to trainfront-desk staff and management on theADA. The motel also agreed to work withthe regional corporate office to increaseawareness of all franchise motel ownersabout the ADA’s requirements relating toservice animals and made donations of$150 each to two guide dog organizations.

ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 200410

MEDIATION/CERTIFICATION

� In Missouri, a disability advocacyorganization alleged that a retail shoppingcenter did not provide enough accessibleparking spaces. The center installedadditional accessible parking spaces,including signage and access aisles, andmodified the entrance ramp to make itaccessible.

� In Arizona, an individual whose son uses awheelchair complained that a bowlingalley did not have accessible restrooms.The bowling alley agreed to renovate therestroom to make it accessible and to hosta party for the complainant’s son uponcompletion of the renovation.

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 certificationauthority, the Department works closelywith State and local officials, providing, asneeded, detailed technical assistance tofacilitate efforts 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 theaccessibility codes of the States ofWashington, Texas, Maine, and Florida, andhas pending requests for certification fromCalifornia, Indiana, Maryland, New Jersey,North Carolina, and Utah. Recentcertification activity includes --

Maryland -- The Department issued a finaldetermination certifying that the MarylandAccessibility Code meets or exceeds the newconstruction and alterations requirements forfacility accessibility under title III of theADA. Assistant Attorney General R.Alexander Acosta was joined by MarylandGovernor Robert L. Ehrlich, Jr., andLieutenant Governor Michael S. Steele inAnnapolis, Maryland, on February 18, 2004,for a ceremony at the State Capitol toannounce the completion of the process forcertifying the Maryland code. A notice of theDepartment’s final determination waspublished in the Federal Register on March 5,2004. Maryland became the fifth State toreceive ADA certification.

11ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 2004

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 Website

The Department’s ADA Website on theInternet’s World Wide Web provides directaccess at anytime to ADA information offeredby the Department and by other Federalagencies.

The ADA Home Page (www.ada.gov) is theentry point to the website. It provides directaccess to --

� ADA regulations and technicalassistance materials in English andSpanish (which may be viewed onlineor downloaded for later use),

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

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

� the ADA Business Connection,including ADA Business Briefs inEnglish and Spanish,

� an online ordering form for the ADATechnical Assistance CD-ROM andlinks to the Department’s pressreleases, and

� links to Internet web pages of otherFederal agencies and Federal granteesthat contain ADA information.

The ADA Home Page also 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.

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 on

ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 200412

TECHNICAL ASSISTANCE

** Department Releases Checklist for Polling Place Access -- The Department ofJustice released its new “ADA Checklist for Polling Places” to help local officialsimprove voting accessibility nationwide. The 33-page checklist covers a wide range ofaccessibility issues, including parking, passenger drop-off areas, walkways, buildingentrances and hallways, and use of the voting area. It helps election officials recognizeand identify accessibility problems at the schools, religious institutions, and publicbuildings that serve as polling places throughout the United States and offers practical,simple, and efficient solutions for eliminating barriers, including temporary measures forelection day. The checklist is available from the ADA Website (www.ada.gov) or it canbe obtained by mail or fax by calling the ADA Information Line at 800-514-0301 (voice)or 800-514-0383 (TTY).

Thursday from 12:30 p.m. until 5:30 p.m.(Eastern Time). Spanish language service isalso available.

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.

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

13ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 2004

TECHNICAL ASSISTANCE/OTHER SOURCES OF INFORMATION

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

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

U.S. Department of Transportation,Federal Transit Administration

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

www.fta.dot.gov/ada

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

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)

www.projectaction.org

ENFORCING THE ADA -- UPDATE • JANUARY - MARCH 200414

OTHER SOURCES OF INFORMATION/HOW TO FILE \COMPLAINS

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.

Titles II and III

Complaints about violations of title II byunits of State and local government orviolations of title III by publicaccommodations and commercial facilitiesshould 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.

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