Sue Abderholden ★★★★★ Allan Abeson ★★★★★ Woody Absher ★★★★★ Elizabeth Aino ★★★★★ Susan Ames-Zierman ★★★★★ Sue Ammeter ★★★★★ Tom Anastasi ★★★★★ Beth Anderson ★★★★★ Glenn Anderson ★★★★★ PattyAnderson ★★★★★ Cynthia Applegate ★★★★★ John Archuleta ★★★★★ Max Arrel ★★★★★ Lucy Ascan ★★★★★ John Bamford ★★★★★ Gerald Baptiste ★★★★★ Steve Bartlett ★★★★★ Price Bauer ★★★★★ Geoffrey Baynard ★★★★★ ChristopherBell ★★★★★ Kay Beneke ★★★★★ Gregory Best ★★★★★ Tamara Bibb ★★★★★ John Boland ★ ★ ★ ★ ★ Judy Brotman ★★★★★ Mary Ann Bachmelter ★★★★★ James Budde ★★★★★ Judy Ann Buffmire ★★★★★ Jackie Bunch ★★★★★ Carroll Burchett★★★★★ Robert Burghdorf ★★★★★ Douglas Burleigh ★★★★★ Mark Buse ★★★★★ George Bush ★★★★★ Mark Bussinger ★★★★★ Karen Button ★ ★ ★ ★ ★ Phil Calkins ★★★★★ Sherry Campanelli ★★★★★ Jack Campbell ★★★★★ Ken Campbell ★★★★★Marilyn Campbell ★★★★★ Dennis Cannon ★★★★★ Patrick Cannon ★★★★★ Madelene Capelle ★★★★★ Dan Caplan ★★★★★ David Capozzi ★★★★★ Nell Carney ★★★★★ Lisa Carl ★★★★★ Charles Carr ★★★★★ Sue Castle ★★★★★ TerrenceCarroll ★★★★★ Wayne Carter ★★★★★ Benedict Centifanti ★★★★★ Judi Chamberlain ★★★★★ Barry Chambers ★★★★★ Beverly Chapman ★★★★★ John Chappell ★★★★★ George Chizmadia ★★★★★ Marie Citrone ★★★★★ Allen Clark &Julie Clay ★★★★★ Anges Clementi ★★★★★ Larry Clott ★★★★★ Ginger Clubine ★★★★★ Tony Coelho ★★★★★ Kathy Coffin ★★★★★ Diane Coleman ★★★★★ John Cook ★★★★★ Tim Cook ★★★★★ David Cooney ★★★★★ Bob Cooper ★★★★★ KaterCornwell ✺✺✺✺✺ Larry Correu ★★★★★ George Covington ★★★★★ Fred Cowell ★★★★★ Barbara Crozier ★★★★★ David Cunningham ★★★★★ Maria Cupril ★★★★★ Steve Currier ★★★★★ Christine Dahlberg ★★★★★ Phyllis Dalton ★★★★★ Ellen Daly★★★★★ Susan Daniels ★★★★★ Sam Dardick ★★★★★ Justin Dart ★★★★★ Yoshika Dart ★★★★★ Robert Davila ★★★★★ Randy Davis ★★★★★ Curt Decker ★★★★★ Gene Defabio ★★★★★ Frank DeGeorge ★★★★★ John Dehmer ★★★★★ James DeJong ★★★★★Eddie delRosario ★★★★★ Alice Demichelis ★★★★★ Robert Demichelis ★★★★★ George Dempsey ★★★★★ Patty Dempsey ★★★★★ Linda DeReyna ★★★★★ Margaret Dignoti ★★★★★ Bob Dillard ★★★★★ John Dingell ★★★★★ Alan Dinsmore★★★★★ Yayoi Disanto ★★★★★ Mark Disler ★★★★★ Eliot Dober ★★★★★ Phyllis Doering ★★★★★ Libby Doggett ★★★★★ Elizabeth Dole ★★★★★ Robert Dole ★★★★★ Gregg Donaldson ★★★★★ James Dooley ★★★★★ Mary Doremus ★★★★★ RochelleDormatt ★★★★★ Janet Dorsey ★★★★★ Gregory Dougan ★★★★★ Richard Douglas ★★★★★ John Doyle ★★★★★ Sy Dubow ★★★★★ Jack Duncan ★★★★★ Jerry Dunlap ★★★★★ David Dunn ★★★★★ John Dunne ★★★★★ David Durenberger ★★★★★Joseph Dusenbury ★★★★★ Paul Dziedzic ★★★★★ Nan Ellen East ★★★★★ Don Edwards ★★★★★ Gary Edwards ★★★★★ Susan Edwards ★★★★★ Cherri Eitel ★★★★★ Holli Elder ★★★★★ John Ellison ★★★★★ Charles Estes ★★★★★ Joe Fallin ★★★★★ AndreaFarbman ★★★★★ Darrel Farland ★★★★★ Frederick Fay ★★★★★ Chai Feldblum ★★★★★ Donald Fennell ★★★★★ Sharon Fields ★★★★★ Denise Figueroa ★★★★★ Eunice Fiorito ★★★★★ Hamilton Fish ★★★★★ Mary Lynn Fletcher ★★★★★ Nancy Flinn★★★★★ Laurie Flynn ★★★★★ Cynthia Folcarelli ★★★★★ John Foley ★★★★★ Lockhard Follin-Mace ★★★★★ Patricia Fore ★★★★★ Karen Franklin ★★★★★ Colleen Fraser ★★★★★ Duane French ★★★★★ Lex & Joyce Frieden ★★★★★ Caren Friedman★★★★★ Del Frost ★★★★★ Roxy Funchess ★★★★★ Bob Funk ★★★★★ Carol Gaccetta ★★★★★ Thomas Gaines ★★★★★ John Caliette ★★★★★ Hugh Gallagher ★★★★★ Don Galloway ★★★★★ Donald Galvin ★★★★★ Keith Gann ★★★★★ Jack Gannon★★★★★ John Gannon ★★★★★ Sharon Gardner ★★★★★ Jim Gashel ★★★★★ Judy Gentile ★★★★★ Laurie Gerkin ★★★★★ Michael Gibson ★★★★★ George Gilmer ★ ★ ★ ★ ★ John Gipple ★★★★★ Marilyn Golden ★★★★★ Penny Gorbach ★★★★★ LisaGorove ★★★★★ Reggie Govan ★★★★★ Tsuneko Gozu ★★★★★ Vito Grasso ★★★★★ William Graves ★★★★★ Boyden Gray ★★★★★ Vincent Gray ★★★★★ Deborah Greenspan ★★★★★ Eric Griffin ★★★★★ James Griffin ★★★★★ Peter Griswold ★★★★★Phyllis Guff ★★★★★ Steve Gunderson ★★★★★ Mary Lou Haines ★★★★★ Sedonie Halbert ★★★★★ Harry Hall ★★★★★ Monica Hall ★★★★★ Susan Hammerman ★★★★★ Ron Hanson ★★★★★ Tom Harkin ★★★★★ James Weisman ★★★★★

1990-2015 – 25 YEARS OF CHANGEA Look at the Progress and Promise PULL OUT SECTION JULY 2015

On July 13, 1990 at the U.S. Capitol, immediately after the Senate votedto pass the Americans with Disabilities Act with a margin of 91 to 6,Sen. Orin Hatch (R-Utah), Rep. Steny Hoyer (D-Md.) Justin and Yoshiko

Dart, Bob Burgdorf, Andi Farbman, Harold Snider, Becky Ogle, SarahLichtman and other advocates celebrated the passage as some weptwith joy.

By James WeismanTwenty-five years after pas-

sage of the Americans with Dis-abilities Act (ADA), let’s pauseand determine what the Act wasintended to accomplish, what hasoccurred during the past 2-1/2 de-cades, and what is yet to be done.

The biggest benefit of ADA wasthe raised awareness amongpeople with disabilities them-selves of rights and expectations.ADA promised a future of inte-

The ADA – What It Means For PWDgration, inclusion, employmentand opportunity. A secondary, butperhaps equally important ben-efit was the effect it had on thosewithout disabilities. Until ADAthere was no collective conscious-ness about how to deal with dis-ability issues and how to identifydiscriminatory practices.

The ADA DefinedLet’s review the Act’s major

provisions. The Act protectspeople with disabilities from dis-

crimination in employment bypublic and private employers, inpublic accommodations, and onpublic transportation. It requirestelecommunication services forhearing and speech impaired in-dividuals and creates accessibil-ity guidelines and enforcementmechanisms.

Those protected by the ADAinclude those with a physical ormental impairment that substan-tially limits a major life activity

such as walking, hearing, breath-ing, caring for one’s self, learning,seeing, etc. ADA also protectsthose who have a record of hav-ing such an impairment but whohave recovered and also thosewho are regarded as having a dis-ability even though they don’thave one, assuming they havebeen discriminated against be-cause of that misperception.

The definition of who is dis-Continued on page 4

ADAThe

Vicki Harris ★★★★★ Neil Hartigan ★★★★★ Tari Hartman ★★★★★ Naomi Harward ★★★★★ Jerry Hassell ★★★★★ Orrin Hatch ★★★★★ James Havel ★★★★★ Scott Haynes ★★★★★ Paul Hearne ★★★★★ Betty Hedgeman ★★★★★ Chester Helms ★★★★★Scott Hemple ★★★★★ Henry Henscheid ★★★★★ Deborah Herr ★★★★★ Judy Heumann ★★★★★ Nancy Hildebrand ★★★★★ Peggy Himsl ★★★★★ Paul Ippolitus ★★★★★ Josephine Holzer ★★★★★ Ron Honberg ★★★★★ Eileen Horndt ★★★★★ StenyHoyer ★★★★★ Clare Huff ★★★★★ Yvone Husic ★★★★★ Gene Hysjulien ★★★★★ Margo Imdieke ★★★★★ David Ingle ★★★★★ Chris Isengard ★★★★★ Stuart Ishimaru ★★★★★ Michael Iskowitz ★★★★★ Dana Jackson ★★★★★ Jesse Jackson ★★★★★

By Allison HoweThe Americans with Disabili-

ties Act of 1990 (ADA), landmarklegislation created to ensure therights of people with disabilitiesin the United States, is celebrat-ing its 25th anniversary.

The complex law, which hasseveral titles, prohibits discrimi-nation and guarantees equal op-portunity for the disabled in ev-ery area of their lives, includingemployment, government ser-vices, public accommodations,communications and transpor-tation. The ADA definesan individual with a disabilityas someone who has a physicalor mental impairment that sub-stantially limits one or more ma-jor life activities.

It was signed into law on July26, 1990, by Pres. George H.W.Bush with 3000 people on thelawn of the White House look-ing on. It was modeled after theCivil Rights Act of 1964, whichprohibits discrimination on the

basis of race, color, religion, sexor national origin and Section504 of the Rehabilitation Act of1973.

TITLE IEMPLOYMENT

Title I of the ADA prohibitsprivate employers, the govern-ment, employment agenciesand labor unions from discrimi-nating against qualified indi-viduals with disabilities in jobapplication procedures, hiring,firing, advancement, compen-sation, job training and othertypical conditions of employ-ment enjoyed by those withoutdisabilities. It requires compli-ance of public and private em-ployers with 15 or more employ-ees. Employers must providereasonable accommodations toqualified applicants or employ-ees, as long as it does not causeemployers undue hardship inregards to difficulty or expense.This title is enforced bythe Equal Employment Oppor-

tunity Commission (EEOC).TITLE II

PUBLIC ENTITIESTitle II applies to public gov-

ernment entities, protecting indi-viduals with disabilities from dis-crimination in services, programsand activities provided by stateand local government regardlessof whether these entities receivefederal financial assistance. Thisaccess is meant to include trans-portation, court houses, townmeetings, police and fire depart-ments, states parks and manyothers. This title is regulated andenforced by the U.S. Departmentof Justice (DOJ).

TITLE IIIPUBLIC ACCOMMODATIONS

Title III prohibits privateplaces of public accommodationfrom discrimination, including

restaurants, movie theaters,schools, day care facilities, retailmerchants, hotels, recreation fa-cilities and doctors’ offices.

It requires newly constructedor altered places of businessesand facilities to comply with theADA Standards. It also requiresreasonable public accommoda-tions to remove barriers in exist-ing buildings where it is easy todo so without unduehardship. Title III mandates thatbusinesses take steps necessaryto communicate effectively forcustomers with vision, hearingand speech disabilities. This titleis regulated and enforced by U.S.Department of Justice.

TITLE IVTELECOMMUNICATIONSTitle IV addresses communi-

cations access for people with

Americans With Disabilities Act

The names that appear in the strips starting on the front pageand continuing throughout this paper are some of the manypeople who contributed to the writing of the Americans withDisabilities Act.

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Disabled In Action Of Metropolitan NYRecognizes The Importance Of

The Americans With Disabilities Act (ADA)Join Us To Enforce The Law And

Bring About Changes,We Can Do It!!!

www.disabledinaction.org

Celebrates Silver Anniversarydisabilities. It requires tele-phone and internet companiesto establish interstate and intr-astate telecommunications relayservices that allow people withhearing and speech disabilitiesto communicate. It enables call-ers with hearing and speech dis-abilities to communicate witheach other through a third partycommunications assistant.

The Federal CommunicationsCommission (FCC) has set stan-dards for these services. Title IValso requires closed captioning offederally funded public serviceannounce-ments. This title isregulated by the Federal Com-munication Commission (FCC).

TITLE VMISCELLANEOUS

PROVISIONS Title V addresses a variety of

miscellaneous provisions relat-ing to the ADA as a whole, in-cluding its relationship to otherlaws, state immunity, its impact

on insurance provider, prohibi-tion against retaliation and co-ercion and attorney’s fees.

ADA AMENDMENTS ACTThe Americans with Disabili-

ties Act Amendments Act(ADAAA) of 2008 became effec-tive in 2009, making a numberof significant changes to the defi-nition of disability and applies toall titles of the ADA.

This was spurred in part bythe courts’ narrow definition,which resulted in many peoplewith severe impairments ineli-gible for ADA protections.

The ADAAA served to widenthe definition of disability andnow includes those with epi-lepsy, diabetes, multiple sclero-sis, bipolar disorder, among oth-ers. It also addressed the needto include people who hadconditions that were episodic orin remission if it would substan-tially limit a major life activitywhen the condition was

active. As a result, many Su-preme Court decisions were over-turned which originally inter-preted the ADA in a way thatmade it difficult to prove that animpairment is a disability.

In addition, plaintiffs now hadstronger cases in new discrimi-nation litigation matters.

In 2010, Atty. General Eric

Holder signed final regulationsrevising the DOJ) ADA regula-tions for Title. II and III. It wascalled the 2010 ADA Standardsfor Accessible Design. It set mini-mum requirements for newly de-signed, constructed or alteredstate and local government facili-ties, public accommodations andcommercial places of business.

JUSTIN DART

Justin Dart was a life-longadvocate for human rights. Asa three-term member of the Na-tional Council on Disability, hewas an active participant in thedevelopment of ADA.

He chaired the ADA fo-cused Congressional TaskForce on the Rights and Em-powerment of Americans withDisabilities.

Starting in 1982 he trav-eled to every state at least

Human Rights Advocate

three times promoting a vi-sion of full civil rights forpeople with disabilities.

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Suellen Jackson-Boner ★★★★★ Abraham Jaffe ★★★★★ Stephen Janick ★★★★★ Tobias Jean ★★★★★ Trudy Jeffers ★★★★★ James Jeffords ★★★★★ Jan Jenkins ★★★★★ Michael Jenkins ★★★★★ Kenneth Jernigan ★★★★★ Angel Jimenez★★★★★ Jerry Johnsen ★★★★★ Isaac Johnson ★★★★★ Kathleen Johnson ★★★★★ Larry Johnson ★★★★★ Larry Johnson ★★★★★ Mark Johnson ★★★★★ Mary Johnson ★★★★★ Randy Johnson ★★★★★ Sharon Stewart Johnson ★★★★★ SteveJohnson ★★★★★ Chryss Jones ★★★★★ Cyndi Jones ★★★★★ Darrel Jones ★★★★★ Erica Jones ★★★★★ Ken Jones ★★★★★ Shannon Jones ★★★★★ Steve Jones ★★★★★ Tony Jones ★★★★★ I. King Jordan ★★★★★ Sharon Julius ★★★★★ Bob Kafka

“We at MOPD are proud to be celebrating the 25th Anniversary of

the landmark legislation that protects the rights of People with Dis-

abilities in our City, as well as the entire country. We invite all New

Yorkers to enjoy and take part in our month-long observance.”

Victor Calise

Commissioner of the Mayor’s Office for People with Disabilities

Celebrating the 25th Anniversary of theAmericans with Disabilities ActWith Events Throughout July

Commemorative lectures and seminars at CUNY campuses across the CityA visit from the ADA Legacy Tour Bus

Museum exhibition highlighting moments from ADA historyThe First Annual Disability Pride Parade

Matthew Sapolin Awardsand much more

For information visit nyc.gov/ada25nyc

★★★★★ June Kailes ★★★★★ Deborah Kaplan ★★★★★ Jeffrey Kaufmann ★★★★★ Cynthia & Jennifer Keelan★★★★★ Evan Kemp ★★★★★ Jack Kemp ★★★★★ John Kemp ★★★★★ Ted Kennedy ★★★★★ Ted Kennedy, Jr. ★★★★★James Kerns ★★★★★ Dan Kessler ★★★★★ Bobby Kilberg ★ ★ ★ ★ ★ Dennis King ★★★★★ Roger Kingsley ★★★★★

abled was borrowed from the Re-habilitation Act, passed in 1973,so it was not controversial whenCongress discussed the proposedADA. Nevertheless, the definitionbecame the subject of much liti-gation in the first 18 years follow-ing the ADA’s passage.

Muddied by the CourtThe first time the U.S. Su-

preme Court dealt with the defi-nition was in Abbot v. Bragdon.In Abbot, an HIV positive womansought dental treatment but wasdenied because the dentist fearedfor his own safety and the safetyof his staff. The evidence showedthat if reasonable precautionswere taken (gloves, goggles,mask), there was little or nothreat to the dentist.

ADA requires a probability ofharm, not a possibility of harm, inorder to exclude a person with adisability. The Court found thatdespite the dentist’s sincere beliefthat there was danger, he waswrong – i.e., he had discriminated.But the patient’s HIV positive con-

dition, while regarded as a disabil-ity by the dentist, did not substan-tially impair her ability to partici-pate in major life activities. TheCourt found, however, that it sub-stantially impaired her ability toreproduce, instead of finding thatthe dentist regarded her as hav-ing a disability. The Court foundshe had a substantial impairmentof the reproductive system.

Court is ShortsightedSeveral years later, the Court

compounded the problem it cre-ated in Abbot. Sutton v. UnitedAirlines, and two other cases de-cided the same day by the U.S.Supreme Court, again ignoredthe “regarded as having a disabil-ity” prong of the test for who isprotected by the ADA. In Sutton,twin sisters who were commercialairline pilots applied for jobs withUnited Airlines.

Corrected, with eyeglasses,their vision was 20/20. However,without glasses it was worse than20/200. United had a companypolicy of not hiring pilots whoseuncorrected vision was worse

than 20/200. The Court held thatthy were not disabled enough tosue using the ADA because whentheir low vision was consideredin its mitigated state – that is,when they were wearing glasses– they were not disabled at all.

The Supreme Court also de-nied relief to a truck driver withvision in one eye, denied a jobbecause he had only monocularvision, finding that it posed nosubstantial impairment sincehe could drive. Additionally,they found against a man de-nied employment because ofhigh blood pressure since hishigh blood pressure was con-trolled by medication. TheCourt only used the “substan-tial impairment” test, not the“regarded as” test, and deniedrelief to all three plaintiffs.

Not Disabled EnoughHundreds of discrimination

cases to follow were dismissed asdefendants used Sutton to createan obstacle to judicial relief – “youare not disabled enough to sueusing the ADA since you have nosubstantial impairment.” The factthat these individuals were dis-criminated against because of in-substantial impairment, re-garded as a disability, was over-looked. Discrimination on thebasis of insubstantial disabilityseemed more like whimsical be-havior than an unlawful, dis-criminatory practice to the Court.

By 2008, Congress had heardenough – disability groups allover the U.S. were frustrated withjudicial interpretation of theADA. Congress passed, and Presi-

dent George W. Bush signed, theADA Amendments Act, restoringthe “regarded as” prong of the testfor who is protected by the ADAand specifically reversing theSutton decision via legislation.

A New StandardADA changed the way Ameri-

cans thought about what is re-quired by non-discriminationlaws. Until ADA, treating every-one similarly protected potentialdefendants from discriminationclaims. If blacks were treated thesame way as whites, women thesame way as men, and Jews thesame way as Christians, defen-dants were safe and nondiscrimi-nation requirements were satis-fied. Addressing disability dis-crimination required a more nu-anced approach.

Merely treating people withdisabilities identically to thosewithout may not facilitate inclu-sion and employment. A newstandard needed to be created.

ReasonableADA defines a discriminatory

practice as the failure to makereasonable accommodation – thatis, people must act reasonably tomake changes that permit par-ticipation by people with disabili-ties. A failure to act – that is, thefailure to make reasonable accom-modation – is a discriminatorypractice, and merely treatingpeople with disabilities likepeople without disabilities willnot protect defendants.

The duty to accommodate ismitigated by the reasonablenessof the accommodation needed.

The ADA – What It Means For PWDContinued from page 1

Sponsors of the ADA in the House and Senate respecitvely Rep.Steny Hoyer (D-Md. Dist. 5) and Sen. Tom Harkin (D-Iowa).

Continued on page 5

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Manhattan841 Broadway, Suite 301New York, NY 10003

212/674-2300212/254-5953 (fax)646/350-2681 (VP)

Queens80-02 Kew Gardens Rd.Suite 107Kew Gardens, NY 11415

646/442-1520347/561-4883 (fax)347/905-5088 (VP)

www.cidny.org

Interpreters Available:ASL, Spanish, Mandarin/ Cantonese, Toisanese.

Happy Birthday ADA!ADA at 25: Many Bridges to Cross(release date 7/21/15)

A portrait of people with disabilities in New York City, the ADA at 25 examines the lives and well-being of people with disabilities in:

• Education • Employment • Income/Poverty • Health Coverage and Access • Food • Housing • Marriage & Family • Transportation

See the latest information and recommendations for change!

For a copy of the report, go to www.cidny.org.

CID••NY

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Faith Kirk ★★★★★ Lane Kirkland ★★★★★ Steve Kirschner ★★★★★ Jack Kishpaugh ★★★★★ Charles Kolb ★★★★★ Marion Kotterman ★★★★★ Norma Krajczar ★★★★★ Hans Kuttner ★★★★★ Helen Kurtz ★★★★★ Alsuko Kuwana★★★★★ Pat Laird H Mary Lamielle ★★★★★ James Lancaster ★★★★★ Mary Etta Lane ★★★★★ Elizaabeth Langen ★★★★★ Donald Lapara ★★★★★ Charles LaRosa ★★★★★ Ken Laureys ★★★★★ Tom Laurie ★★★★★ Sherry Law &Fay Lawson ★★★★★ David Leach ★★★★★ Michael Lechner ★★★★★ Donna Ledder ★★★★★ Francine Lee ★★★★★ Frank Lee ★★★★★ John Lee ★★★★★ Sue Lenick ★★★★★ Delbert Lewis ★★★★★ Mark Lewis ★★★★★ Lee Liberman

ADA EnforcementThrough lawsuits and settlement agreements, the Department

of Justice has achieved greater access for individuals with disabili-ties in hundreds of cases. Under general rules governing lawsuitsbrought by the Federal government, the Department of Justice maynot sue a party unless negotiations to settle the dispute have failed.

The Department of Justice may file lawsuits in federal court toenforce the ADA, and courts may order compensatory damagesand back pay to remedy discrimination if the Department pre-vails. Under Title III, the Department of Justice may also obtaincivil penalties of up to $55,000 for the first violation and $110,000for any subsequent violation.

Technical Assistance ProgramThe ADA requires the Department of Justice to provide techni-

cal assistance to businesses, State and local governments, andindividuals with rights or responsibilities under the law. The De-partment provides education and technical assistance through avariety of means to encourage voluntary compliance. Activitiesinclude providing direct technical assistance and guidance to thepublic through this ADA Website and the ADA Information Line,developing and disseminating technical assistance materials tothe public, and undertaking outreach initiatives.

DEPARTMENT OF JUSTICE RESPONSIBILITIES 25 YEARS 25 YEARS 25 YEARS 25 YEARS 25 YEARS 25 YEARS

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Brooklyn Center forIndependence of the Disabled, Inc.

INDEPENDENCE GROWS IN BROOKLYN!

• Benefits Counseling

• Housing Intake and Referral

• Youth in Transition Program

• College Outreach

• Brooklyn Systems Advocacy Network

• Peer Support Groups

• Advocacy and Mediation Services

• “Money Follows the Person” Transition Program

• Fully Accessible Computer Laboratory

27 Smith Street, Suite 200Brooklyn, New York 11201

Contact us about how we can assist you!Voice: 718-998-3000 TTY: 718-998-7406

www.bcid.org

All roads lead to BCID!

The ADA – What It Means For PWDMost accommodation is low-

cost or no-cost, but proprietors ofplaces of public accommodation,entities of state and local govern-ment and employers have to ac-commodate if it is not unduly bur-densome. Some examples of ac-commodation include removingbarriers, modifying work hours,re-structuring job duties, modify-ing equipment, modifying tests,training materials and employ-ment policies, and providingqualified sign-language inter-preters. Personal items like eye-glasses, wheelchairs and hearingaids need not be provided by em-ployers or places of public accom-modation.

TransportationUnited Spinal Association

(then Eastern Paralyzed Veter-ans Association) paved the wayfor the accessible transportationprovisions of the Act. EPVA’s law-suit against Metropolitan Tran-sit Authority (MTA) in 1979 wassettled in 1984 for accessiblebuses, key subway station acces-sibility and the creation of aparatransit system (Access-A-Ride). Our suit against South-eastern Pennsylvania Transpor-tation Authority (SEPTA), inPhiladelphia, was settled in 1988for accessible buses, key stationaccess and paratransit, as well.

Since the two oldest and larg-est rail systems in the U.S. hadalready agreed to key station ac-cess and bus accessibility, thesettlements became the model forwhat other cities would be re-quired to do. Of course, new sta-tions had to be accessible, as well.

Currently, there is not a singlemass transit bus in the U.S. thatis not accessible. Prior to the ADA,this was almost impossible toimagine as opposition to acces-sible transportation was rampantin Congress in 1990. The Ameri-can Public Transit Association(APTA), whose members includedtransit operators all across theU.S., had trouble opposing the ac-cessible transportation provisionsof the ADA however, becauseNew York City and Philadelphiawere already in compliance.Moreover, transit operators whoonce thought paratransit wouldbe an inexpensive alternative toaccessible mass transit were con-fronted with the reality that qual-ity paratransit was extremely ex-pensive. The EPVA/United Spi-nal Association SettlementAgreements are still the core prin-ciples of ADA transit require-ments.

What worked?Clearly, the architecture re-

quirements are a success. New

Continued from Page 4

Continued on Page 8

ADA Information LineThe Department of Justice operates a toll-free ADA Informa-

tion Line to provide information and materials to the public aboutthe requirements of the ADA. ADA Specialists, who assist callersin understanding how the ADA applies to their situation, are avail-able on Monday, Tuesday, Wednesday, and Friday from 9:30 a.m.until 5:30 p.m. (Eastern Time) and on Thursday from 12:30 p.m.until 5:30 p.m. (Eastern Time). Calls are confidential. To get an-swers to technical questions, obtain general ADA information, or-der free ADA materials, or ask about filing a complaint, pleasecall: 800 514-0301 (voice); 800 514-0383 (TTY)

ADA Technical Assistance MaterialsCopies of the Department’s ADA regulations, technical assistance

publications, and some videos can be obtained on this website, bycalling the ADA Information Line, or writing to the address listedbelow. Publications are available in standard print and alternateformat. Some publications are available in foreign languages.

U.S. Department of JusticeCivil Rights Division, 950 Pennsyl-vania Avenue, N.W.Disability Rights Section – NYAV Washing-ton, D.C. 20530

Spanish language documents can be accessed here.Speakers Bureau

The ADA Speakers Bureau provides expert speakers at selectednational and regional conferences and training sessions. To re-quest a speaker for a major conference, write to attn: SpeakersBureauU.S. Department of JusticeCivil Rights Division 950 Penn-sylvania Avenue, N.W. Disability Rights Section - NYAV Wash-ington, D.C. 20530.

★★★★★ Jan Lilly ★★★★★ Gail Lincoln ★★★★★ Mary Linden ★★★★★ Linda Litowski ★★★★★ Joseph Lobuts ★★★★★ Viola Lopez ★★★★★ Christine Lord ★★★★★ Karla Lortz ★★★★★ Michael Losow ★★★★★ Donny Loux ★★★★★ Sally Lovejoy ★★★★★ FrankLozano ★★★★★ Lamona Lucas ★★★★★ Ruth Lusher ★★★★★ Ronald Mace ★★★★★ Grant Mack ★ ★ ★ ★ ★ John Madigan ★★★★★ William Malleris ★★★★★ Joe Manos ★★★★★ Gordon Mansfield ★★★★★ Amy Mansue ★★★★★ Paul Marchard ★★★★★Michael Marge ★★★★★ Ralph Markward ★★★★★ Scott Marshall ★★★★★ Douglas Martin ★★★★★ Connie Martinez ★★★★★ Michelle Martini ★★★★★ Patsy Mathews ★★★★★ Kathy Matrone ★★★★★ Arlene Mayerson ★★★★★ Stephen

There have been some no-table cases regarding the ADA.For example, two major hotelroom marketers (Expedia.comand Hotels.com) with theirbusiness presence on theInternet were sued because itscustomers with disabilitiescould not reserve hotel rooms,through their websites withoutsubstantial extra efforts thatpeople without disabilities werenot required to perform.

These represent a major po-tential expansion of the ADA inthat this, and other similarsuits (known as “bricks vs.clicks”), seeks to expand theADA’s authority to cyberspace,where entities may not have ac-tual physical facilities that arerequired to comply.National Federation of the

Blind v. Target CorpThis was a case where a ma-

jor retailer, Target Corp., wassued because their web design-ers failed to design its website

Case Law - Notable Suits Involving the ADAto enable persons with low orno vision to use it.

Board of Trustees ofUniv. of Alabama v. Garrett

This was a United States Su-preme Court case about Con-gress’ enforcement powers un-der the Fourteenth Amend-ment to the Constitution. It de-cided that Title I of the Ameri-cans with Disabilities Act wasunconstitutional insofar as itallowed private citizens to suestates for money damages.

Barden v. The City ofSacramento

This case which was filed inMarch 1999, claimed that theCity of Sacramento failed tocomply with the ADA when,while making public street im-provements, it did not bring itssidewalks into compliance withthe ADA. Certain issues wereresolved in Federal Court. Oneissue, whether sidewalks werecovered by the ADA, was ap-pealed to the 9th Circuit Court

of Appeals, which ruled thatsidewalks were a “program” un-der ADA and must be made ac-cessible to persons with dis-abilities.

The ruling was later ap-pealed to the U.S. SupremeCourt, which refused to hearthe case, letting stand the rul-ing of the 9th Circuit Court.

Olmstead v. L.C.Not to be confused with

Olmstead v. United States, 277U.S. 438 (1928), a case regard-ing wiretapping.

Olmstead, Commissioner,Georgia Department of HumanResources, et al. v. L. C., byzimring, guardian ad litem andnext friend, et al. was a case be-fore the United States SupremeCourt in 1999. The two plain-tiffs L.C. and E.W. were insti-tutionalized in Georgia for di-agnosed mental retardationand schizophrenia.

Clinical assessments by thestate determined that the plain-tiffs could be appropriatelytreated in a community settingrather than the state institu-tion.

The plaintiffs sued the stateof Georgia and the institutionfor being inappropriatelytreated and housed in the in-stitutional setting rather thanbeing treated in one of thestate’s community based treat-ment facilities.

The Supreme Court decidedunder Title II of the ADA thatmental illness is a form of dis-ability and therefore coveredunder the ADA, and that unjus-tified institutional isolation ofa person with a disability is aform of discrimination becauseit “...perpetuates unwarrantedassumptions that persons soisolated are incapable or un-worthy of participating in com-munity life.” The court added,“Confinement in an institutionseverely diminishes the every-day life activities of individu-als, including family relations,social contacts, work options,economic independence, educa-tional advancement, and cul-tural enrichment.”

Therefore, under Title II no

person with a disability can beunjustly excluded from partici-pation in or be denied the ben-efits of services, programs or ac-tivities of any public entity.

Paralyzed Veterans ofAmerica v. Ellerbe BecketArchitects and EngineersOne of the first major ADA

lawsuits, this was focused on thewheelchair accessibility of a sta-dium project that was still in thedesign phase, MCI Center inWashington, D.C. Previous tothis case, which was filed onlyfive years after the ADA waspassed, the DOJ was unable orunwilling to provide clarificationon the distribution requirementsfor accessible wheelchair loca-tions in large assembly spaces.

While Section 4.33.3 ofADAAG makes reference tolines of sight, no specific refer-ence is made to seeing overstanding patrons. The MCICenter, designed by EllerbeBecket Architects & Engineers,was designed with too fewwheelchair and companionseats, and the ones that wereincluded did not provide sightlines that would enable thewheelchair user to view theplaying area while the specta-tors in front of them werestanding.

This case and another relatedcase established precedent onseat distribution and sight linesissues for ADA enforcement thatcontinues to present day.

Access Now v.Southwest Airlines

A case where the DistrictCourt decided that the websiteof Southwest Airlines was notin violation of the Americanswith Disability Act because theADA is concerned with thingswith a physical existence andthus cannot be applied tocyberspace. Judge Patricia A.Seitz found that the “virtualticket counter” of the websitewas a virtual construct, andhence not a “public place of ac-commodation.” As such, “To ex-pand the ADA to cover ‘virtual’spaces would be to create newrights without well-definedstandards.”

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Mayeuz ★★★★★ Marshal Mazz ★★★★★ John McCain ★★★★★ Maureen McClosky ★★★★★ Nina McCoy ★★★★★ Victor McCoy ★★★★★ Durward McDaniel ★★★★★ Gina McDonald ★★★★★ Patricia McDonald ★★★★★ PaulaMcElwee ★★★★★ Deborah McFadden ★★★★★ Marianne McGettigan McGrath ★★★★★ Kevin McGuiness ★★★★★ Kathy McInnis ★★★★★ Deborah McKeithan ★★★★★ Denise McQuade ★★★★★ Celane McWhorter ★★★★★Cynthia Meadow ★★★★★ Kathleen Megivern ★★★★★ Calvin Melton ★★★★★ David Mentasti ★★★★★ Jean Merritt ★★★★★ Jean Marritt ★★★★★ Bill Messore ★★★★★ Robert Michaels ★★★★★ Robert Michel ★★★★★ Sharon Mikrut

An Americans with DisabilitiesAct complaint alleging disabilitydiscrimination against a state orlocal government or a public ac-commodation (including, for ex-ample, a restaurant, doctor’s of-fice, retail store, hotel, etc.) canbe filed online, by mail or fax.

Online complaint formsInstructions for submitting at-tachments are on the form.

To file an ADA complaint bymail send it to U.S. Departmentof Justice 950 Pennsylva- nia Ave., NWCivil RightsDivision Disability Rights Section– 1425 NYAV Washington,D.C. 20530.

To file an ADA complaint byfax send to 202 307-1197

Someone who believes they oranother person has been discrimi-nated against by an entity cov-ered by the ADA, may file a com-plaint with the Disability RightsSection (DRS) in the Departmentof Justice.

Provide the following informa-tion -The filers name, address, thetelephone numbers where theycan reach you during the day and

How to File an ADA Complaint with the U.S. Department of Justice

evening, and the name of theparty discriminated against (ifknown).

The name and address of thebusiness, organization, institu-tion, or person that has commit-ted the discrimination.

A brief description of the actsof discrimination, the dates theyoccurred, and the names of indi-viduals involved.

Other information believed tobe necessary to support the com-plaint, including copies (not origi-

nals) of relevant documents; andthe ADA online complaintform may be used for any ADAcomplaint, but it is not a require-ment.

Those unable to write becauseof a disability and are unable tosubmit a complaint online, bymail or fax, can get assistance byscribing the complaint by phoneor, for individuals who communi-cate by American Sign Language,by videophone.

Contact the ADA Information

Line at 800 514-0301 (voice) or800 514-0383 (TTY) to schedulean appointment. It may take twoweeks or more for Departmentstaff to contact the complaintant.

After the complaint is re-ceived and reviewed, DOJ willinform the complaintant oftheir action.

Each complaint is reviewedcarefully. Because DOJ receivesa large volume of ADA complaintsfrom people throughout theUnited States, the review cantake up to three months.

To find out the status of a caseby phone call the ADA Informa-tion Line, 800 514-0301 (voice) or800 514-0383 (TTY).

The ADA Mediation Prog-ram is an important part of ADAcompliance.

Using professional ADA-trained mediators throughout theUnited States, mediation is a con-fidential, voluntary way to resolveADA complaints fairly andquickly.

For questions, call the ADAInformation Line, where ADAspecialists are available.

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Yoshiko and Justin Dart with advocates at an overnight vigil at theSupreme Court Building, Oct. 10, 2000, the night before the court wasto hear arguments in the Garrett v. University of Alabama case.

NEW YORK CITY MOPD EVENTSNew York City will have a month-long celebration of the ADA Anni-versary organized by the Mayor’s Office for People with Disabilities.

ADA PARADEThe first annual Disability Pride Parade will take place July 12 fromMadison Square Park down Broadway to Union Square Park. Theparade will end at Union Square Park where the celebration willculminate with entertainment. Parade for-mation begins at 10 a.m. To register forthe parade and for information visit nyc.gov/ada25nyc.

LECTURE SERIESA series of commemorative lectures andseminars at CUNY campuses across the cityare planned.

A VISIT FROM THE ADA LEGACY TOURA special museum exhibition highlighting events from ADA history.

MUSEUM EXHIBITNew York City will host a curated museum exhibition highlightingkey moments in the history of the ADA and the evolution of the dis-ability rights movement in NYC through Oct. 23 at the BrooklynHistorical Society. An opening reception will be held on Wed., July1 and the exhibit will run through the month of July.

SAPOLIN AWARDSThe ADA Sapolin Awards honoring significant contributions to thecause of accessibility.There will be numerous other events throughout the five boroughs.

DANCE/NYCA daylong community conference, “Disability. Dance. Artistry” atJohn Jay College, 860 11th Ave., Manhattan. Dance/NYC’s goalis to promote the knowledge, appreciation, practice, and perfor-mance of dance in the metropolitan New York City area. For in-formation contact April Thibeault, athibeault@dancenyc.org.

ADA Celebration EventsNOW THROUGH AUG. 4

ReelAbilities Film Festival celebrates the ADA with free film screen-ing citywide. For schedule visit www.reel abilites.org/ADA25 NYC.

The ADA – What It Means For PWDconstruction is accessible, and ar-chitects and engineers are con-stantly creating innovative meth-ods of providing access in attrac-tive, practical ways. The publicexpects new construction to be ac-cessible. Wheelchair users andparents with strollers expectcurbcuts. Elevators exist wherethey would not have had ADA notbeen enacted. And despite thelack of an ADA mandate, theADA has promoted accessibilityinitiatives, taxis being the best ex-ample.

EmploymentThe greatest promise of ADA

was the increased employment ofpeople with disabilities; therefore,it is perhaps its greatest failure.The percentage of people with dis-abilities who don’t work was, andstill is, about 65 percent. Of coursegreat numbers of people with dis-abilities live in the community,are no longer institutionalized,and have the ability to recreate,shop and travel, but integrationis undermined by lack of finan-cial resources due to the high un-employment rate.

This generation of people withdisabilities will live longer thanany before. Perhaps Obama-care’s elimination of pre-existing

conditions in health insurancewill remedy this.

In 1999, the U.S. SupremeCourt decided Olmstead v. LC, acase regarding discriminationagainst people with mental dis-abilities. It required state govern-ments to provide programs andservices in the most integratedsetting appropriate to a disabledindividual’s needs. This has be-come a guide for how state pro-grams should be structured andservices provided. It is also a liti-gation tool for lawyers represent-ing people with disabilities, whosee the mandate as a lasting ben-efit for generations to come.

James WeismanJames Weisman, having no

disabilities himself, has been ad-vocating for people with disabili-ties since 1967. His involvementwith ADA includes participatingin drafting, lobbying, and regu-lation writing.

He credits being present whenPres. Bush signed the Act intolaw, along with thousands ofpeople with disabilities, as themost important, satisfying mo-ment in his 38 year legal career.

“As he lifted his pen he said‘Let the shameful wall of exclu-sion finally come tumblingdown,” said Weisman.”

Oral Miller ★★★★★ Bonnie Milstein ★★★★★ Norman Mineta ★★★★★ Sharon Mistler ★★★★★ Bill Mitchel ★★★★★ Elton Moore ★★★★★ Patricia Morriessey ★★★★★ Robert Mosbacher, Jr. ★★★★★ Howard Moses ★★★★★ Patricia Murdock★★★★★ Bernice Murphy ★★★★★ Mara Murray ★★★★★ Mike Murzi ★★★★★ Judy Myers ★★★★★ Taketo Nakajima ★★★★★ Sandy Napomberjra ★★★★★ Ralph Neas ★★★★★ Fred Neil ★★★★★ John Nelson ★★★★★ Mary Ann Bachmelter ★★★★★

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JULY 24A Luncheon Celebration of the 25th Anniversary of the ADA inBergen County, N.J. – Keynote Speaker Sen. Menendez. Also ElaineKatz for the Kessler Foundation speaking on Employment; JohnMcEwen of NJ Theatre Alliance on Arts Access; and RidgewoodMayor Paul Aronsohn speaking on the Access for All Campaign.11:30, Moses Room at Bergen Community College. RSVP required.For info. and accommodations call Tammie Adkins, 201 336-7381.

JULY 24-26The Kennedy Center and the Smithsonian Institution are hostinga celebration of arts, culture and film with world-class performancesand events – all free and open to everyone. For information and sched-ules visit www.2540celebration.com.

JULY 27NCIL ADA 25th Anniversary – A Celebration of Pride, Power,and Promise 7 p.m at the Grand Hyatt, Washington D.C. Thedisability community will gather to celebrate the 25th Anniver-sary of the Americans with Disabilities Act. This community-widecelebration is being hosted by the National Disability LeadershipAlliance (NDLA). This will be the largest ADA Anniversary eventin the United States. The first 1,000 people registering for NCIL’sAnnual Conference will receive complimentary tickets. For infor-mation visit www.ncil.org.