Enforcing the ADA · Enforcing the ADA: This is a special edition commemorating the tenth...

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Enforcing the ADA:

This is a special edition commemorating the tenth anniversary of the enactment of the ADA. This report,previous status reports, and a wide range of other ADA information are available through the Department’sADA Home Page on the World Wide Web (see page 38).

A Special Tenth Anniversary Status Reportfrom the Department of Justice

July 2000

Looking Back on a Decade of Progress

ENFORCING THE ADA -- JULY 26, 2000 • SPECIAL TENTH ANNIVERSARY EDITION2

A MESSAGE FROM JANET RENO

A Message from the Attorney General

On July 26, 2000, the Americans with Disabilities Act celebrates its 10th anniversary.And there is so much to celebrate!

Look around. Over the past decade so much has changed. It is no longer unusual tosee people with disabilities dining out at restaurants, working in the office, participatingin town hall meetings, shopping at the malls, watching a movie or cheering at a stadium.That’s because the ADA is making the dream of access a reality.

As Attorney General, I have made enforcement of the ADA one of my top priorities.At the Justice Department we have engaged in extensive educational outreach, andentered into hundreds of agreements ensuring greater access to thousands of businessesand governments. We have also increased the number of attorneys who enforce the law,and stepped up funding for ADA-related programs across the country. And under theleadership of Acting Assistant Attorney General for Civil rights Bill Lann Lee, and ourUnited States Attorneys across the country, we will continue to build on this past decadeof access.

As this Report illustrates, the ADA has made a difference in the lives of so many.But there are many others who still face barriers -- barriers that man-made structurescreate and barriers stemming from people’s attitudes. Those barriers took generations tocreate. It will take continued vigilance and dedication to remove them. But if the past 10years is any indication, Americans with disabilities are well on their way to experiencingall society has to offer.

ENFORCING THE ADA -- JULY 26, 2000 • SPECIAL TENTH ANNIVERSARY EDITION 3

I. Enforcement Highlights ................................................................................ 4

Participating in Everyday Civic Life .................................................................................... 41. Affirming the Right to Citizen Participation ................................................................. 42. Achieving Access to Courts ........................................................................................... 63. Receiving Fair Treatment in Law Enforcement ............................................................ 6

Opening Up Jobs for Persons with Disabilities .................................................................... 81. Ensuring Equal Employment Opportunity .................................................................... 82. Opening Gateways to Opportunity ................................................................................ 93. Providing Freedom from Unnecessary Inquiries into Disability ................................. 13

Enjoying the American Way of Life .................................................................................... 131. Becoming Part of the Economic Mainstream .............................................................. 132. Increasing Access to Recreational Activities ............................................................... 163. Removing Obstacles to Business and Leisure Travel .................................................. 20

Ensuring an Accessible Future ............................................................................................ 241. Establishing Architect Liability ................................................................................... 242. Making Newly Constructed Buildings Accessible ...................................................... 24

Gaining Equal Access to Health Care ................................................................................. 261. Receiving Emergency Services ................................................................................... 262. Securing Access to Health Care................................................................................... 273. Being Free from Unnecessary Institutionalization ...................................................... 30

Enjoying Equal Access to Child Care ................................................................................. 30

Protecting the ADA and Making it Work ........................................................................... 331. Defending the ADA’s Constitutionality ....................................................................... 332. Building a Mediation Option ....................................................................................... 34

II. Certification Highlights ................................................................................... 36

III. Technical Assistance Highlights ................................................................... 37

IV. Other Sources of ADA Information .............................................................. 40

V. How to File Complaints................................................................................... 41

TABLE OF CONTENTS

Table of Contents


ENFORCEMENT HIGHLIGHTS

I. Enforcement Highlights

A. Participatingin Everyday Civic Life

The ADA protects the right of peoplewith disabilities to have equal access to thebasic institutions of State and localgovernment. The Department has soughtto eliminate physical, communication, andpolicy barriers in law enforcement, townhalls, jails, courtrooms, and legislativechambers.

1. Affirming the Right to CitizenParticipation

Wisconsin City Makes City HallAccessible -- In resolving a complaint by aWaukesha City alderman who uses awheelchair, the City agreed to make its cityhall accessible. It agreed to hold its closeddeliberations in the accessible room in whichit holds general meetings, renovate the firstfloor bathrooms, install automatic dooropeners at the building’s entrance, and providea van accessible parking space.

Small Montana Town Provides Access toCivic Functions -- Manhattan, Montana,agreed to make its town programs accessibleby making a few renovations and takingalternative nonstructural measures. It agreedto install a ramp at the town hall entrance,make the route to the entrance accessible,create one van-accessible parking space, andmake the water fountain and bathroom on thefirst floor accessible. Also, town councilmeetings would be moved to the first floorwhen necessary.

Public Address System BoostsCommunication -- A small New Yorkcommunity agreed to purchase a publicaddress system to resolve a complaint from ahard of hearing citizen who wanted to listen totown board meetings.

Toledo To Be More Accessible to Peoplewith Disabilities --Toledo, Ohio, agreed tomake significant changes to its policies andfacilities to provide greater access for personswith disabilities. The agreement resolvesallegations that Toledo violated title II byfailing to take the steps necessary to ensurethat its programs are accessible to personswith disabilities. The city agreed to --

• Modify its facilities to ensure access to cityprograms, including the municipalcourthouse, district and neighborhoodpolice stations, a market-outlet complex,fire stations, parking garages, museums,community and social service centers, thehealth department, and other cityadministrative buildings. Modificationsinclude providing accessible parking andaccessible restroom facilities, installingramps, widening doors, providingaccessible public telephones, and loweringinformation counters;

• Adopt policies and procedures to improveaccessibility at city programs, which couldinclude moving programs to accessiblelocations, if necessary;

• Take steps to ensure that effectivecommunication is available to persons withdisabilities, including those with hearing,speech, and vision impairments, at cityactivities such as court proceedings andpublic meetings;



ADA Celebrationat the Dickinson City Hall

• Submit a plan to the Department that willensure that parks, pools, ice rinks, and artsprograms will become more accessible topersons with disabilities by December 2000;

• Train employees on the city’sresponsibilities under the ADA; and

• Publicize its new nondiscrimination policieson the city’s web site and in a localnewspaper.

North Dakota Town Provides ProgramAccessibility -- Dickinson, North Dakotaentered into an agreement with theDepartment of Justice to resolve allegationsthat the Dickinson City Hall was inaccessibleto individuals who use wheelchairs.Specifically, thecomplaint alleged thatboth the upper andlower levels of the cityhall were inaccessibleand, therefore, that cityactivities on theselevels, including citycommission meetings,municipal courtproceedings, voting,and other city hallprograms and services,were inaccessible toindividuals who usewheelchairs. Until itcompleted constructionof a new city hall,Dickinson agreed to relocate municipal courtproceedings to the Stark County Courthouse.The city also relocated city commissionmeetings and other public meetings to theNational Armory Building in Dickinson,which is fully accessible. The city also agreedto provide the services of its administrativeoffices in the front foyer of the existing cityhall and installed an accessible counter thereto enable individuals who have mobilityimpairments to transact business. Finally,

Dickinson agreed to train all of its employeeson how to respond to requests foraccommodations under the ADA.

“Martin can drive his electric scooter aroundtown because of curb cuts. Cassandra cancontinue to attend junior high due to wideneddoors and elevators. And no one complainsabout ‘universal access’ -- it’s the most usedentrance for all, be they disabled, elderly,parents with babies in strollers, or John orJane Q Public.”

-- Wally Itrich, Dickinson resident

City Removes Barriers at TownBuildings, Country Music Museum -- TheCity of Georgiana, Alabama, agreed to removearchitectural barriers at the City Hall, the

Police Station, the Magistrate’sCourt and Council Chamber, andthe Hank Williams, Sr., Museum-- the childhood home of thewell-known country musicsinger-songwriter. The City willinstall entrance ramps, modifyexisting rest rooms, and altersidewalks to provide access tothe programs offered at the sites.

Appellate Court FindsZoning Covered by ADA -- TheU.S. Court of Appeals for theSecond Circuit ruled inInnovative Health Systems, Inc.(IHS) v. City of White Plainsthat the ADA covers all the

activities of State and local government,including zoning practices. The U.S. Attorneyfor the Southern District of New York filed anamicus brief supporting plaintiffs’ efforts tostop White Plains, New York, from preventingthem from operating an alcohol and drugdependency treatment program in itsdowntown area. The Court also ruled thatInnovative Health Systems, Inc., theorganization that operates the treatment center,has standing to challenge the City’s actionunder the ADA, and that IHS was entitled to apreliminary injunction.



Oregon State Lottery Commission toEnsure Accessible Outlets -- Oregon agreedto make its State lottery accessible to personswith mobility impairments under a negotiatedagreement with the Department. The State willrequire more than 3,000 retail outletsparticipating in the lottery program to ensureequal access to their lottery-related services byinstalling accessibility features, removingbarriers through structural modifications, and,in some cases, using alternative methods ofproviding access to the services. EffectiveJuly 1, 1997, all new retailer locations and alllocations sold to new owners had to bewheelchair accessible; existing retail outletshad an additional year to make their lottery-related facilities accessible. The agreementalso created a procedure fordealing with complaints aboutinaccessible lottery retailers.

New Hampshire SweepstakesCommission Agrees to AccessPlan -- The New HampshireSweepstakes Commission signedan agreement with the Departmentof Justice to ensure programaccessibility in the State’s lotteryprogram. The agreement resolveda complaint charging thatestablishments that sell lotterytickets were inaccessible topersons with mobilityimpairments. New Hampshireagreed to evaluate the accessibilityof lottery sales in the 1300 retailestablishments participating in thelottery program, the geographical dispersal ofaccessible facilities, the ratio of accessible toinaccessible sites in each town and county,and the rate of use of each retailer. It alsoagreed to develop and implement a plan toensure that the lottery program as a whole isaccessible to people with mobilityimpairments. Because of the large number offacilities participating in the lottery program,the settlement should substantially increasethe overall accessibility of publicaccommodations and State facilitiesthroughout New Hampshire.

2. Achieving Access to Courts

Utah State Courts Provide Interpretersfor Deaf Jurors -- The Utah State Admin-istrative Office of the Courts committed itscourts to provide appropriate auxiliary aidsand services, including qualified interpreters,when necessary to provide an individual witha disability an opportunity to serve as a juror.The agency agreed to establish a policy onproviding interpreters for individuals servingon jury duty, notify the public about thepolicy, and instruct district court officials toadhere to the policy.

Rejected Blind Juror Receives D.C.Damages Award -- Donald Galloway sued

the District ofColumbia SuperiorCourt alleging that itviolated the law bycategorically excludingblind persons from juryservice. The federalcourt agreed, andawarded Galloway$30,000 in damages.The Justice Departmentargued in support ofGalloway thatcompensatory damagescan be obtained underboth the ADA and theRehabilitation Act of1973.

3. Receiving Fair Treatment inLaw Enforcement

Oakland Police Agree to EffectiveCommunication in Arrests, Jails -- TheOakland, California, Police Departmentagreed to take the necessary steps to ensurethat members of the public who are deaf orhard of hearing can communicate effectivelywith police officers during law enforcementsituations ranging from traffic stops to arrests

Donald Galloway wasexcited to be calledfor jury duty in theDistrict of Columbiaand eager to fulfill hiscivic responsibility.At the courthouse,though, he was toldthat because he isblind he could havesaved himself the trip-- he would not beallowed to serve.



to criminal interrogations. The agreementresolved three complaints involving threeseparate incidents between 1994 and 1997where the Oakland Police allegedly failed toprovide appropriate auxiliary aids and servicesto arrestees with hearing impairments. In oneinstance, an individual was denied pencil andpaper with which to communicate with jailstaff. In another, a deaf individual who hadborrowed an automobile from a friend wasunable to make a telephone call forapproximately seven hours (because nooperable TTY or text telephone was available)to clear up charges that he had stolen theautomobile. Under the agreement, the policedepartment will adopt policies for providingeffective communication and publish andpublicize them as official operatingprocedures. It also agreed to purchase anadditional TTY, train jail personnel on how tooperate TTY’s, and initiate a testing programto ensure the TTY’s are functioning properly.The Oakland Police will also ensure that oneof the jail cells that provides a television sethas closed captioning capability. All of theapproximately 700 officers who deal with thepublic will receive extensive ADA training onhow to implement the ADA’s effectivecommunication requirements in typical policesituations. This instruction will be providedduring annual police academy training that allofficers are required to attend.

Supreme Court Says ADA ClearlyProtects Prison Inmates -- In a unanimousopinion the Supreme Court ruled inPennsylvania Department of Corrections v.Yeskey that a motivational boot campoperated for selected inmates by thePennsylvania State prison system was subjectto the requirements of the ADA. Prisonerswho successfully complete the boot campprogram were entitled to a significantreduction in their sentence. The Court agreedwith the Department of Justice in ruling thatthe broad language of the ADA clearlycovered prisons and provided no basis fordistinguishing programs, services, or activitiesof prisons from those provided by other publicentities. It rejected the State's arguments that

the law was ambiguous and that prisonerscannot be “qualified individuals withdisabilities” because they are not in prisonvoluntarily.

DOJ Document -- “Commonly AskedQuestions About the ADA and LawEnforcement” addresses the ADAobligations of police departments ininteracting with the public, includingeffective communication, programaccessibility, and reasonable modificationsin policies, practices, and procedures.

Houston Police, Courts, and Jail toImprove Communication with DeafIndividuals -- The City of Houston agreed tosignificantly improve the way its municipalcourts system, police department, and jailcommunicate with people who are deaf orhard of hearing. Under the settlement, theHouston police, courts, and jails would eachappoint an ADA coordinator, purchase TTYdevices that will enable the agencies tocommunicate effectively by telephone withdeaf TTY users, and train staff in how tooperate the devices.

The Houston Police Department will --

• Adopt a new “General Order” instructingpolice officers on how to interact withwitnesses, victims, and suspected criminalswho are deaf or hard of hearing;

• Require that a qualified interpreter be calledin any time a person who is deaf and needsan interpreter is involved in a majoraccident, is suspected of a felony, is underarrest, is being given a test measuringalcohol consumption, or is giving astatement in a case; and

• Provide training about the new proceduresfor every officer at the rank of sergeant andabove, and ensure that the new GeneralOrder is discussed with every officer duringroll call.


The city jail will --

• Inform all people under arrest, who are deafor hard of hearing, that they have a right toauxiliary aids and services at every step ofthe criminal justice process;

• Maintain a list of qualified interpreters, whogenerally will be available within one hourof a request; and,

• Ensure that there is effectivecommunication between persons who aredeaf or hard of hearing and the medical staffat the jail health clinic.

In addition, the municipal court system will --

• Adopt a new written policy guaranteeingappropriate auxiliary aids and services forparticipants in court proceedings, includingparties, witnesses, jurors, and spectators;

• Provide information about the new policieson all official notices of court dates,including tickets, summonses, and othersimilar notices, and publish notices in legalperiodicals that reach thecity’s legal community;and

• Provide training on thenew policies for everyjudge and courtadministrator.

B. Opening Up Jobs forPersons with Disabilities

The ADA is lowering barriers toeducational and professional advancementfaced by many people with disabilities. TheDepartment has attacked discrimination inpension and retirement benefits and thefailure to provide reasonable accom-modations. It has enforced the right totesting accommodations, to accessibleeducational facilities, and to be free fromundue requests by professional licensingauthorities for personal and privateinformation about physical or mentalconditions.

1. Ensuring Equal EmploymentOpportunity

Illinois Remedies PensionDiscrimination -- In response to a suit filedby the Department of Justice, Illinois enactedlegislation to eliminate discriminatoryprovisions in its police and fire pension code.The Department had sued the board of trustees

of the Aurora policepension fund, the Cityof Aurora, and theState for excludingpolice officers andfirefighters from theCity’s pension fundson the basis ofdisability. Under thechallenged system,police officers andfirefighters wererequired to undergoseparate physicalexaminations afterthey were hired todetermine eligibilityfor retirement anddisability benefits.

Even though they were performingsuccessfully on the job, police officers andfirefighters could be denied disability andretirement benefits.


Kevin Holmes servedsuccessfully for ten years asa police officer in Aurora,Illinois. But, because hehad diabetes, he wasexcluded from the State’spension fund. He wouldnot receive the retirementpension available to otherofficers, and if he wasinjured in the line-of-duty,he would not receive anydisability benefits.


Denver Police Must Pay Back Pay forFailure to Reassign -- The U.S. District Courtin Denver awarded Jack Davoll full back paywith interest in the amount of nearly $150,000and front pay of more than $76,000 in UnitedStates v. City and County of Denver. Davollis a former Denverpolice officer whosought reassignmentafter he sufferedinjuries in the line ofduty to his back, neck,and shoulder and couldno longer perform theessential functions of apolice officer. TheDepartment earlier wona jury award on hisbehalf of $300,000 indamages for pain andsuffering because ofDenver’s refusal toreassign him to avacant job that he wasqualified to perform -- such as criminalinvestigator or probation officer. The Courtalso granted full back pay relief insimultaneous private litigation to two otherplaintiffs who were denied reassignment. PaulEscobedo was granted $250,000 in back payand nearly $60,000 in front pay and DeborahClair received $250,000 in back pay and morethan $65,000 in front pay.

“My hope from the start of the [Denver] casewas that officers injured in the line of dutywould be able to continue working to providean income for their family. Thanks to the ADA... this case has and will continue to helpinjured workers.”

--Jack Davoll

New York Plumbing Board Agrees toTest Accommodations -- The RocklandCounty Board of Plumbing, Heating, andCooling Examiners entered an agreement toresolve a complaint alleging that the Boardviolated title II by denying a plumber with

dyslexia a reader or oral test as anaccommodation on the written portion of theCounty’s master plumber licensing exam. Theindividual had been a plumber for 42 years,owned his own business until the Countypassed its licensing law in the late 1960’s, and

received numerous recommendationsfrom former employers attesting to hisquality work performance andexperience as a plumber and heatingmechanic. Despite his qualifications,the Board denied his requests for thetesting accommodation for the past 23years. Under the agreement, theBoard was required to provide theplumber with a reader or an oral testduring the written portion of the nextlicensing examination. The Boardwas also required to adopt anondiscrimination policy on the basisof disability which was subject toDepartment of Justice approval. Thesettlement followed the issuance of aletter of findings holding that the

Board had violated title II.

2. Opening Gateways toOpportunity

Bar Review Course Agrees to AuxiliaryAids, Damages -- Under a consent decree, thecompany that runs Bar/Bri, the nation’s largestreview course for students taking the barexam, agreed to provide qualified signlanguage interpreters, assistive listeningdevices, and Brailled materials to studentswith disabilities. The Department had allegedthat the course failed to provide appropriateauxiliary aids to students with vision andhearing impairments. The company, HarcourtBrace, also agreed to pay $28,000 incompensatory damages, pay $25,000 in civilpenalties to the United States, adopt a policyensuring that auxiliary aids and services areprovided, educate its staff about the needs ofstudents with disabilities, and promote theavailability of auxiliary aids and services in itsadvertising.


Jack Davoll wanted to bereassigned to a vacant job afterbeing injured in the line of duty.


Students with Disabilities OfferedAdditional SAT Test Dates -- TheEducational Testing Service and the CollegeEntrance Examination Board agreed toschedule more dates in1994 for more than20,000 students withdisabilities wishing totake the new version ofthe ScholasticAssessment Test.Under the originaltesting schedule,students withdisabilities requiringaccommodations wereoffered only one date totake the updatedversion, as opposed totheir peers who hadseveral opportunities totake the test. Theagreement also allowedapproximately 2,600 students with disabilitieswho took the old version of the test the chanceto cancel their scores and retake the newexam.

“The ADA gave me an equal chance to take theSAT. Because of that chance, I have graduatedfrom Tufts University and have completed myfirst year of law school at AmericanUniversity’s Washington College of Law.It has made a huge difference in my life.”

-- Jackie Okin

C.P.A. Review Course ProvidesInterpreters, Assistive Listening Devices --In a 1994 settlement resolving the first lawsuitfiled by the Justice Department under theADA, Becker C.P.A. Review, which preparesover 10,000 students annually to take thenational certified public accountant exam,agreed to amend its auxiliary aids policy.Where a need can be demonstrated, Beckerwill provide qualified sign languageinterpreters and assistive listening devices tostudents who are deaf or hard of hearing.Becker also agreed to appoint a national ADAcoordinator, train its staff regarding the policy

revision, pay $20,000 in damages to bedistributed to deaf and hearing impairedstudents, and establish a $25,000 scholarshipfund for accounting students at California

State University who havehearing impairments.

“The ADA gave meempowerment. Knowing that Ihad the ADA on my side made memore assertive in standing up formy rights which made me a betterperson and allowed my talentsand skills to come through. TheADA also gave me peers ....Before the Becker CPA Reviewcase, there were very few deafCPAs. Now, there are many moredeaf CPAs.... Thank you ADA!”-- Rod Jex

Social Work Board Agrees to QualifiedReaders for Blind Test Takers -- In 1999,two national standardized testing agencies, theAmerican Association of State Social WorkBoards and Assessment Systems, Inc., agreedto provide qualified readers for test takers withvision impairments and to pay $3,000 to acomplainant who was not allowed to use hisown reader for the social work licenseexamination. Instead, he was allegedlyrequired to use a college student who had beenhired to work at the registration table and hadnever read for a person with a visionimpairment. During the exam, the readerallegedly stumbled over technical terms andmade mistakes in marking and recording theanswers. AASSWB and ASI agreed to adoptwritten policies to ensure that readers areproficient in reading for people with visionimpairments, that they are familiar with theexamination, and that they work with the test-taker prior to the examination to allow thereader to adapt to the test-taker’s style ofreceiving information. The agreement alsomakes clear that the testing entities may alsosimply choose to allow test-takers with visionimpairments to supply their own reader.


Jackie Okin is now in law schoolstudying to be a civil rights attorney.


Justice Sues for Law Admission TestAccommodations -- In 1999, the Departmentfiled suit against the Law School AdmissionCouncil (LSAC) for not making reasonablemodifications in policy to allow individualswith physical disabilities in appropriate casesto have additional time to take the Law SchoolAdmission Test (LSAT). The suit, filed in theU.S. District Court for the Eastern District ofPennsylvania, alleged that LSAC violated theADA when it denied four individuals withphysical disabilities, including cerebral palsyand juvenile rheumatoid arthritis, additionaltime on the multiple choice portion of theLSAT, a standardized test administered tothose seeking admission to law school. Thecomplaint alleged that LSAC illegallyfollowed a policy of requiring applicants withphysical disabilities to submit apsychoeducational assessment as the basis fordetermining whether extra time is appropriate.Such assessments, which are typically used todiagnose whether individuals have learningdisabilities, are not appropriate fordetermining whether extra time is needed forindividuals with physical disabilities. Thecomplaint also asserted that LSAC failed toindividually assess requests foraccommodations, provide adequate reasonsfor denying accommodations, and engage inan interactive process with individuals seekingtesting accommodations. The lawsuit askedthe court to order LSAC to change its policies,pay civil penalties, and award compensatorydamages to the four named individuals.

Duke Will Make ComprehensiveChanges for Campus Accessibility -- DukeUniversity in Durham, North Carolina, agreedto make a broad range of programs andfacilities more accessible to persons withdisabilities including academics, dining andliving facilities, and social aspects of campuslife. Under the agreement, Duke will --

• Modify elevators, entrances, counters, foodservice lines, telephones, and bathroomsthroughout campus so they are accessible topersons with disabilities;

• Create accessible circulation paths to,among, and within university buildings andother facilities by repairing sidewalks andmodifying hallways, doors, and ramps;

• Ensure that all programs and classes inwhich individuals with physical disabilitiesare enrolled are located in accessiblespaces;

• Modify shuttle bus route schedules toensure that accessible buses run regularlyand frequently on each route;

• Make dormitory rooms fully accessibleupon enrollment of students with disabilitiesuntil two percent of all dormitory rooms oncampus are accessible;

• Enlarge doorways in at least half of therooms on floors with accessible rooms in 18of 25 dormitories, so students usingwheelchairs can visit friends;

• Provide accessible seating in the CameronIndoor Stadium and other assembly areas,access to stages and backstage areas aroundcampus, and assistive listening devices inassembly areas;

• Provide accessible parking throughoutcampus;

• Replace signs throughout campus so theycan be read by people with visionimpairment and so that people with mobilityimpairments are properly directed toaccessible routes and spaces; and

• Pay $25,000 in civil penalties to the UnitedStates and $7,500 in compensatory damagesto the complainant, a wheelchair user whograduated from Duke in 1997.

Casey Martin May Use Golf Cart,Appellate Court Rules -- The U.S. Court ofAppeals for the Ninth Circuit ruled in Martinv. PGA Tour, Inc. that Casey Martin, aprofessional golfer from Oregon with a raredisability, Klippel-Trenaunay Syndrome,



which substantially limits his ability to walk,has the right to a reasonable modification ofthe PGA Tour’s ban on carts that would allowhim to use a golf cart in tournamentcompetition. The PGAargued that its rulesgoverning tournamentcompetition were notcovered by title IIIbecause the area of thegolf course that isrestricted tocompetitors is not opento the general publicand is not a “place ofpublic accom-modation.” It alsoargued that allowingMartin to use a cartwould “fundamentallyalter” the competition.The Department filedan amicus brief arguingthat the no-carts rulecould be challengedunder title III and that waiving the rule in thiscase would be a reasonable modificationrequired by the ADA. The court of appealsagreed with the Department and ruled that thePGA’s tournament rules are covered by title IIIbecause the playing areas are part of a place ofpublic accommodation. It also concluded thatpermitting Martin to use a cart would notfundamentally alter the competition because,in Martin’s particular case, it would not givehim an unfair advantage. The court found thatthe purpose of the rule was to inject fatigueinto the game, but that Martin experiencesmore fatigue than the other golfers, even if heuses a cart, and would not gain a competitiveadvantage.

“All I ever wanted was the chance to play andto see how good I could be. Without the ADA Inever would have been able to pursue mydream of playing golf professionally.”

-- Casey Martin

NCAA to Revise Eligibility Require-ments to Accommodate Student-Athleteswith Learning Disabilities -- The NationalCollegiate Athletic Association agreed to

modify policies that each yearprevented hundreds of studentswith dyslexia and other learningdisabilities from playing collegesports and receiving athleticscholarships. The 1998agreement in United States v.National Collegiate AthleticAssociation, which was filed inthe U.S. District Court for theDistrict of Columbia, stemmedfrom a series of complaintslodged with the Department bystudent athletes alleging that theNCAA’s initial-eligibilityacademic requirementsdiscriminate against student-athletes with learning disabilities.The agreement requires theNCAA to modify its policieswhile at the same time enabling it

to maintain its academic standards. TheNCAA agreed to --

• Revise its rules so that classes designed forstudents with learning disabilities can becertified as core courses if the classesprovide students with the same types ofknowledge and skills as other college-boundstudents;

• Allow students with learning disabilitieswho are unable to meet the initial eligibilityrules when they graduate from high schoolto earn a fourth year of athletic eligibility ifthey complete a substantial percentage oftheir degree work and maintain goodgrades;

• Direct its committees that evaluateapplications filed by students who do notmeet the requirements but are seeking awaiver to consider a broad range of factorsin reviewing the student's high schoolpreparation and performance when decidingwhether to grant a waiver and not to use a


Casey Martin uses his golf cartduring golf tournaments.


minimum qualifying test score on the SATor ACT; and

• Include experts on learning disabilities onthe committees that evaluate waiverapplications.

In addition, the agreement required theNCAA to undertake efforts designed toprevent further violations of the ADA,including designating one or more employeesas an ADA compliance coordinator to serve asa resource to NCAA staff and as a liaison withstudents with learning disabilities; providingtraining to its staff regarding the new policies;and publicizing the terms of the agreement tohigh schools, students, parents, and membercolleges and universities. The NCAA alsoagreed to pay a total of $35,000 in damages tofour student-athletes.

3. Providing Freedom fromUnnecessary Inquiriesinto Disability

Professional Licensing Reform ProceedsNationwide -- By challenging overly broadmental health inquiries by State licensingofficials of applicants for professional licenses(law and medicine), theDepartment has spurred reformefforts nationwide. In briefsfiled in New Jersey, Florida, andVirginia, the Department arguedthat broad questions about anindividual's history of treatmentor counseling for mental,emotional, or nervous conditionsthat do not focus on currentimpairment of an applicant'sfitness to practice in a givenprofession violate the ADA. Inone case challenging anunnecessarily broad inquiry intopast mental health treatment, theFederal court ordered theVirginia Board of Bar Examinersto stop asking bar applicantswhether they had received

counseling within the past five years.

“I was thrilled ... The ADA and this case helpedto reduce discrimination in professionallicensing. I enjoy citing it in my work as adisability rights lawyer.”

-- Ellen Saideman, who successfullychallenged Florida’s mental health questionsfor new lawyers.

C. Enjoying the AmericanWay of Life

A primary goal of the ADA is to bringpeople with disabilities into the mainstreamof the American economy. The Departmenthas achieved greater accessibility in a widevariety of private-sector settings, includingshopping, dining, recreation, and businessand leisure travel.

1. Becoming Part of theEconomic Mainstream

Venture Department Stores ModifiesCheck Cashing Policy -- The Departmententered into a consent decree resolving itslawsuit against Venture Stores, Inc., a St.

Louis company withmore than 90 discountdepartment stores ineight States. Ventureagreed to modify itspolicy of permittingonly customers withdrivers’ licenses to paywith a personal check,and will now permitindividuals who do notdrive because of adisability to pay bycheck if they have anon-driver State IDcard. It also agreed tocompensate thecomplainants.


Joan Abbati hasepilepsy and is unableto get a driver’s license.When makingpurchases by check, sheshows the cashier an IDcard issued by theState of Illinois. AVenture discountdepartment store inChicago refused tohonor the card,preventing her frompaying by check.


Discount Department Store ChainRemoves Barriers -- By consent decree, theDepartment resolved a case against Gibson'sDiscount Center, the operator of 30 discountdepartment stores ineight Midwest andRocky MountainStates. TheDepartmentinvestigated complaintsagainst severalGibson's departmentstores alleging thatGibson's had failed toremove architecturalbarriers to access andthat it had madealterations that did notcomply with the ADA'sStandards forAccessible Design.Gibson's agreed tobring all its stores intofull compliance withthe Standards; provideat least one accessiblefitting room and entrance at each store; andoffer accessible parking, check-out aisles, andrestrooms. Gibson's also agreed to pay$30,000 in civil penalties and $15,000 incompensatory damages.

Smith Barney to Provide Large PrintAccount Statements -- Under a formalsettlement, Smith Barney, a nationwidefinancial planning services company, agreedin 1994 to provide, upon request, financialstatements and correspondence in large printto its customers with vision impairments.(Smith Barney already provided documents inBraille.) Smith Barney also agreed to pay$1,500 to the complainant and notify itscustomers of the new service.

Friendly’s Agrees to Chainwide BarrierRemoval Program Under Title III -- TheU.S. Attorney for the District of Massachu-setts and the Massachusetts-based Friendly IceCream Corporation entered into a consentdecree under which Friendly’s agreed to

engage in an aggressive barrier-removalprogram to increase accessibility throughoutits chain of 704 restaurants in 15 States. The1997 consent order required Friendly’s to

come into substantialcompliance within six years. Inthe first year, Friendly’s agreedto complete barrier removal at117 locations, including alteringthe entrances (removing steps,widening doorways, andredesigning vestibules) at those93 restaurants that currently haveinaccessible entrances. Otheralterations required by theconsent order includeredesigning dining areas toaccommodate wheelchair users;striping parking areas to includeaccessible spaces; and alteringbathrooms by wideningdoorways, increasingunobstructed floor space, andinstalling grab bars andaccessible door hardware. Inaddition, the consent order

required the company to pay a civil penalty of$50,000.

Waiting Lines will be Accessible atWendy's Restaurants -- Nearly 1,700Wendy's restaurants will become moreaccessible to their customers with disabilitiesunder a 1998 agreement reached with theDepartment of Justice and nine State attorneysgeneral. The out-of-court agreement stemsfrom a joint nationwide investigation of therestaurant chain by the Department of Justiceand nine States -- the first time theDepartment has teamed up with States tolaunch an investigation under the ADA.Wendy's International, Inc. agreed to eitherwiden the queues in which customers wait toorder food, or remove the railings or otherdividers marking the queues to accommodatecustomers who use wheelchairs. Prior to theagreement, customers who use wheelchairshad to cut to the front of the line or standoutside the customer queue and wait to berecognized by a restaurant employee because


In some Kansascommunities, Gibson’sDiscount Center is theonly place in town toshop for clothing,hardware, electronics,and sporting goods.But for RichardKnight, who uses awheelchair, it was oftenimpossible to shop athis hometown storebecause of insufficientaccessible parking andinaccessible restrooms.


the queues were too narrow. The agreementresolved a two-year investigation into accessissues at Wendy's restaurants by theDepartment of Justice and State attorneysgeneral from Arizona, California, Florida,Illinois, Kansas, Massachusetts, Minnesota,Pennsylvania, and West Virginia. The jointtask force visited newly constructed and olderWendy's restaurants in 12 States, whichinclude the nine States, as well as Louisiana,Ohio, and Washington.

Under the agreement, the Ohio-basedchain agreed to --

• Either remove or widen the customerqueues at all of its nearly 1,700corporate-owned or leased restaurants in 39States;

• Modify its prototype architectural plans forfuture restaurants, both corporate-ownedand franchised, to incorporate accessiblecustomer queue designs;

• Notify all franchisees of the agreement andtheir obligations under the ADA, andprovide them with technical assistance;

• Allow the task force to conduct spot checksof restaurants covered by the agreement toensure that customer queues have beenremoved or widened;

• Remove various other barriers found at the17 newly constructed restaurants visited bymembers of the joint task force;

• Pay the joint task force $50,000; and

• Pay a total of $12,000 in damages to fiveindividuals or entities who filed complaintswith the Department of Justice or Stateattorney generals’ offices, regardingaccessibility at Wendy's.

Florida Convenience Store ChainAgrees to Access Modifications -- Theowners of Swifty Mart Convenience Storesagreed to remedy access violations at 53stores. Swifty Mart will provide accessibleparking spaces with appropriate signage; curbramps where an accessible route crosses acurb; refueling assistance to any person with adisability who specifically requests refuelingassistance when more than one employee is onduty and no security risk will result; and ADAtraining for employees. It also agreed to pay acivil penalty of $5,000 and to ensure that anystores that it purchases or leases in the futurewill meet the requirements of the ADAStandards for Accessible Design.

Commercial Real Estate Firm Pays$560,000 in Damages, Penalties forDiscrimination in Leasing -- Under anagreement with the Department of Justice,TrizecHahn Corporation, a commercial realestate corporation that refused to lease spaceto a nonprofit organization that serves personswith disabilities will no longer discriminateagainst people with disabilities and will takecorrective action to ensure that it does nothappen in the future. TrizecHahn owns,manages, and develops retail and officeproperties throughout the United States,including a facility in Rosslyn, Virginia. TheENDependence Center, based in Arlington,Virginia, attempted to lease office space inTrizecHahn's Rosslyn, Virginia, building, butthe leasing agent refused to enter into anynegotiations with the center and refused tolease the space to the center because the centerserves persons with disabilities. TrizecHahnagreed to no longer discriminate againstindividuals with disabilities when leasingcommercial real estate; pay $550,000 to thecenter and $10,000 in civil penalties to theUnited States; and train employees in theWashington, D.C. area on the requirements ofthe ADA that pertain to the leasing ofcommercial real estate.



Safeway Settlement has NationwideImpact -- Safeway Stores, Inc., entered anagreement with the Department of Justicerequiring it to create at least one 32-inchopening between the security bollards or cartcorrals used at the entrances to many of itsstores so that customers who use wheelchairscan have greater access. Safeway will alsolaunch a nationwide compliance plan where itwill survey all of its 835 stores, determine theareas throughout the stores that do not meetADA requirements, and take steps to ensurecompliance. The agreement resolved acomplaint filed with the Department regardinga Safeway store in Washington, D.C. Otherparties to the agreement include twoindividuals with disabilities and the DisabilityRights Council of Washington, D.C., whichsued the chain under the ADA, as well as theDisability Rights Education and DefenseFund, which had received several complaintsabout Safeway's California stores.

2. Increasing Access toRecreational Activities

Empire State Building RemovesBarriers to Observation Decks -- The JusticeDepartment alleged that the owners of theEmpire State Building failed to removearchitectural barriers where it was readilyachievable to do so. An agreement mandatedchanges to the lobby, entrance, observationdecks, restrooms andtelephones, but doesnot cover any privatelyleased office space inthe building.

South Dakota County Fair MadeAccessible -- Minnehaha County agreed to awide range of measures to ensure accessibilityat the Sioux Empire Fair. The South Dakotacounty agreed to renovate several bathrooms,install two TTY's at pay phones, create anaccessible path of travel through areas of theFairgrounds, upgrade accessible parking,make the vending and ticketing counters andbooths accessible, provide materials to Fairvolunteers and patrons regarding theaccommodations available for people withdisabilities, and adopt a policy that allowspatrons with mobility impairments to buy thesame number of companion tickets to Fairconcerts that other patrons are able to buy.

Disney Agrees to Interpreters,Captioning, Assistive Listening Systems --The Department and Walt Disney Worldreached a comprehensive agreement resolvingcomplaints that Disney had failed to provideauxiliary aids for effective communication forpersons who are deaf or hard of hearing.Disney agreed to --

• Provide oral and sign language interpretersat numerous specified attractions at WaltDisney World in Florida and at Disneylandin California, upon notice two weeks inadvance of an individual's planned visit;

• Make captioning systems available withoutreservation at the entrance to specified rides

or shows, at both Disney resorts;

• Provide transcripts to personswho are deaf or hard ofhearing at attractions andallow these individuals anopportunity to ride anattraction promptly a secondtime in order to betterunderstand the written text;

• Schedule interpreters atspecified shows,performances, and rides on arotating basis so that guestscan attend all interpreted


An accessible observation areaatop the Empire State Building


attractions in one day at one of the threeparks at Walt Disney World in Florida andDisneyland in California;

• Provide closedcaptioning on videomonitors in queuesfor attractions andother arcadesthroughout theparks;

• Make interpreterschedules availablefrom Walt DisneyWorld andDisneyland GuestServices;

• Provide assistive listening systems andwritten transcripts for most attractions forhard of hearing guests who desire them;

• Train employees to improve services forguests who are deaf or hard of hearing; and

• Advertise its services for guests who aredeaf or hard of hearing.

“The interpreters were out of this world! Theycouldn’t have been better. Our experience waswonderful.”

-- Shirley Krueger, who returned withher family to Disneyworld and was able to fullyenjoy the visit.

MGM Grand Hotel, Casino, and ThemePark to Become Fully Accessible to Peoplewith Disabilities -- Under an agreementreached with the Department of Justice,people with disabilities will be able to fullyenjoy the entertainment and attractions at theMGM Grand Hotel, Casino and Theme Parkin Las Vegas, Nevada, the world’s largesthotel and casino complex. MGM Grand will--

• Increase the number of accessible guestrooms for individuals with disabilities byadding 36 rooms during the course of

renovations, including rooms with roll-inshowers, bringing the total number of fullyaccessible guest rooms to 112;

• Increase the number ofaccessible guest rooms forindividuals with hearingimpairments by adding 15 roomswith visual alarms during thecourse of renovations, bringingthe total number of fullyaccessible rooms for individualswith hearing impairments to 46,and making available 15additional kits containing visualnotification devices, TTY’s, anddoor knockers;

• Make restrooms throughout thefacility fully accessible to persons withdisabilities by adding stalls for people whouse crutches or walkers, adding grab bars,and relocating doors;

• Ensure that the casinos are fully accessibleto persons with disabilities by adding morelowered gaming tables and accessibleservice counters and improving access tothe high roller gaming areas;

• Install visual alarms throughout the facilityfor individuals who are deaf or hard ofhearing;

• Improve access in the Grand andHollywood Theaters and in the MGMGrand Garden, which host major sportingevents and concerts, by adding accessiblewheelchair and companion seatinglocations, lowering ticket and box officecounters, and providing assistive listeningdevices for people who are hard-of-hearing;

• Provide full access for people withdisabilities at restaurants and retailestablishments within the facility by addinghandrails in entrances, lowering cashiercounters, and providing accessible dressingrooms and adequate knee space in diningbooths;


Sign language interpretersat Walt Disney World.


• Make pool and spa areas fully accessible topeople with disabilities; and

• Pay $165,000 in compensation to the threecomplainants.

Major Racing Facility Agrees toComprehensive Barrier Removal -- Under aconsent decree, Dover Downs, a 100,000-seathorse and auto racing facility located inDover, Delaware, agreed to bring the new andaltered portions of the facility into compliancewith the ADA Standards for AccessibleDesign and to remove architectural barriers toaccess in the existing portions of the facility.The facility, which features the Dover DownsInternational Speedway, will make thegrandstands accessible by providing more than300 accessible wheelchair seating locationswith companion seating and accessible routesand ramps to these seating areas. It willprovide designated accessible parking areasadjacent to grandstand entrances and developa policy for the transportation of people withdisabilities between the accessible parkingareas and the gates serving the Speedway’sgrandstand seating. Restrooms will be madeaccessible, service counters and bettingwindows will be lowered, and other steps willbe taken to make the Dover Downs Slotsfacility fully accessible. Dover Downs alsoagreed to provide annual employee trainingregarding nondiscriminatory service toindividuals with disabilities and to pay$20,000 in compensatory damages to thecomplainant.

Radio City Installs Accessible Seating --The U.S. Attorney for the Southern District ofNew York filed, and resolved by consentdecree, a lawsuit against the owners andoperators of Radio City Music Hall, a historictheater dating from the 1930’s. The theaterhas nearly 6,000 seats, with over 3,400 on theorchestra level, and the remainder on threemezzanine levels. Radio City agreed to install59 wheelchair and companion seatinglocations and 60 aisle seats with removablearmrests. It will also modify its ticketingpolicies to reserve accessible seats for persons

with disabilities until all other seats are sold.To compensate for the lack of wheelchairseating on upper levels, Radio City agreed todiscount a portion of the orchestra wheelchairseating so that persons with disabilities will beable to purchase tickets at a range of pricescomparable to the general public. Radio Cityalso agreed to remove barriers affectingexterior and interior routes, doors, andelevators; service areas such as restrooms,telephones, drinking fountains, concessionareas, and a ticket window; dressing roomsand adjacent shower/toilet rooms; and tourroutes. Radio City will make available 240assistive listening devices and install visualalarms that comply with the ADA. It will alsoprovide signage throughout the public areasdirecting patrons with disabilities to accessibleroutes and service areas.

Yankee Stadium Increases AccessibleSeating -- A consent decree entered into bythe U.S. Attorney for the Southern District ofNew York, the New York Yankees, and theCity of New York will vastly increase thenumber of accessible wheelchair seatinglocations at Yankee Stadium. In the past, atotal of only 44 pairs of wheelchair andcompanion seating locations were available atthe stadium, 12 of which were sold at thehighest ticket price level and none of whichwere sold at any of the lowest three ticketprice levels. Under the agreement, theYankees and the city agreed to increase thenumber of wheelchair and companion seatinglocations to up to 400 pairs of seatinglocations and disperse those seating locationsthroughout the lower levels of the stadium.These areas include infield and outfieldseating on the field level, in the main levelboxes, the main reserve section, the bleachers,the loge, and in two entirely new seatingsections to be constructed in an area nearMonument Park in left field and in an areabehind right center field. The consent decreealso requires the defendants to provide at least300 designated aisle transfer seats in thestadium. In addition, the defendants agreed tosell tickets to both regular season and post-season games for all but 18 of the wheelchair



seating locations at the three lowest ticketprice levels (there are eight ticket price levelsfor the 2000 season), provide persons withdisabilities the opportunity to purchase regularseason and postseason tickets through all ofthe same methods afforded to persons withoutdisabilities, and make components withinYankee Stadium, such as exterior and interiorroutes, signs, restrooms, telephones, drinkingfountains, concession areas, elevators, ticketwindows, restaurants, luxury suites, and pressareas accessible to persons with disabilities.The Yankees also agreed to pay a $25,000civil penalty and to make $10,000 incharitable contributions.

Renaissance Fair Removes Barriers --The Department entered into a agreement withMid-America Festivals, operator of theMinnesota Renaissance Festival in Shakopee,Minnesota, the largest renaissance festival inthe country. The agreement resolved acomplaint filed by a wheelchair user whoalleged that he was unable to visit many of theshops and booths at the festival because theywere not accessible and because some shopshad ramps that were dangerously steep.Mid-America agreed to provide an accessibleticket window, as well as remove all barriersto access at several food booths and shops.They also agreed to provide accessibleportable restroom facilities and accessibletelephones, and pay a civil penalty of $4,000.

Movie Theater Chain Agrees toNationwide Settlement -- Cineplex OdeonCorporation, one of the nation's largestoperators of motion picture theaters, agreed toincrease significantly the number of receiversit provided for assistive listening systems in itsmore than 800 motion picture theater audit-oriums throughout the United States. Prior tothe 1996 agreement, Cineplex provided fourreceivers for each auditorium, regardless of itssize. The company will now provide receiversat the rate of two percent of seats in all audi-toriums that opened prior to January 26, 1993.It will also provide receivers at a rate of fourpercent of seats in all auditoriums whereaudio-amplification systems have been re-

placed since January 26, 1992, in order tocomply with ADA provisions governing alter-ations to existing places of public accom-modation. (The company already providedreceivers at the rate of four percent of seats innew theaters, in strict compliance with theADA Standards for Accessible Design.)Cineplex Odeon also agreed to provide oneneck loop per screen in theaters with six orfewer screens and one for every two screens intheaters with more than six screens. Neckloops facilitate the use of assistive listeningsystems by people who use hearing aids.Additionally, the company will monitor use ofassistive listening systems at all theaters andpurchase additional receivers where necessaryto meet additional demand, even at theaterswhere receivers will be provided at the rate offour percent of seats.

National Movie Theater Chain Agrees toAccessible Wheelchair Spaces, CompanionSeats -- The Department entered into a formalagreement and consent decree with UnitedArtists Theatre Circuit, Inc. (UATC), one ofthe nation’s largest exhibitors of motionpictures, that will ensure compliance with theADA’s barrier removal and new constructionprovisions at more than 400 theater locationswith approximately 2,300 screens throughoutthe United States. The 1996 consent decree,which was filed simultaneously with theDepartment’s intervention in Arnold v. UnitedArtists Theatre Circuit, Inc., resolved that suit.The Arnold case was a private class action suitbrought on behalf of California residents withmobility impairments who encounteredbarriers at UATC theaters. The agreementrequired UATC to take the following actionsin almost all of its existing theaters throughoutthe country —

• Provide parking spaces that comply indesign and number with the requirements ofthe ADA Standards for Accessible Design;

• Provide an accessible path of travel fromparking spaces to an accessible theaterentrance;



• Provide in each auditorium the number ofwheelchair seating spaces required incomparably-sized, newly-constructedauditoriums, with companion seating;

• Ensure that one percent of the total numberof seats is aisle seats with folding orremovable aisle-side armrests;

• Provide at least two dispersed wheelchairseating locations at a distance of from one-third to two-thirds of the way back from thescreen in auditoriums with more than 300seats; and

• Modify existing restrooms to make themaccessible or construct unisex accessiblerestrooms that comply with the Standards.

UATC was also required to bring alltheaters constructed for first occupancy afterJanuary 26, 1993, into full compliance withthe Standards by no later than June 30, 1997,and to ensure that future constructioncomplies with the Standards.

3. Removing Obstacles toBusiness and Leisure Travel

Avis to Provide Hand Controls forRental Cars -- Under a formal settlement,Avis, Inc., the country's second largest carrental company, agreed in 1994 to providerental cars with hand controls for persons withdisabilities -- with as little as eight hoursnotice in most major airport locations. Avisalso agreed to urge all existing licensees toadopt the same policy, require all newfranchisees and those renewing their contractsto adopt the policy, train its staff at itscorporate-owned rental locations, and allowpersons who are unemployed due to adisability and who do not use credit cards, tosubstitute verifiable disability-related incomein lieu of a verifiable employment history.Also, Avis agreed to allow persons whocannot drive due to a disability to rent cars intheir own name and maintain financialresponsibility for renting the car whenaccompanied by a licensed driver.

Hawaii Resort Hotels Agree toAccessibility Changes -- The Departmentsued Pleasant Travel Service, Inc., and itssubsidiary, Hawaiian Hotels & Resorts, Inc.,who own and operate several resort hotels inHawaii and California. It alleged that thehotels failed to remove barriers to access andrenovated the hotels in ways that did notcomply with the ADA's standards. Under aconsent decree, the Royal Lahaina Resort, theRoyal Kona Resort, and the Kauai CoconutBeach Resort agreed to provide accessibleparking; modify restrooms to make themaccessible; provide access to restaurants,swimming pools and the luau areas; and offerbetween 12 and 14 accessible guest rooms ateach hotel. Also, the defendants agreed to paya total of $25,000 in compensatory damages totwo individuals who use wheelchairs and$25,000 in civil penalties.

Holiday Inn and Crowne Plaza Hotelswill Improve Access and ModifyReservation Policies -- The Departmentsigned two settlement agreements in 1998with Bass Hotels & Resorts (BHR) and 20separate agreements with individual hotelfranchise owners to resolve ADA violationsthroughout BHR’s Holiday Inn and CrownePlaza hotel chains. The agreement with BHRon reservations and rental policies requiredthat each hotel in the two chains must --

• Guarantee reservations for accessible roomsas they guarantee other types ofreservations;

• Hold all accessible rooms for persons withdisabilities until 6 p.m., at which time theycan release all but two (one in each of thetwo standard categories of single anddouble bed rooms), which must be helduntil all other rooms of that type are sold;and

• Compile a list of accessibility features to bekept at the hotel’s front desk and madeavailable to anyone who calls the hotel orthe central reservations system.



The second agreement required BHR tomake modifications in three hotels it currentlyowns or manages and to pay $75,000 to theKey Bridge Foundation to establish amediation program for ADA complaints.BHR also agreed to pay a total ofapproximately $75,000 to the United Statesand the complainants to resolve alloutstanding issues.

The Department also reached 20agreements with Holiday Inn and Crown Plazafranchisees resolving accessibility complaintsinvolving hotels in Alabama, Arizona,California, Colorado, Georgia, Illinois,Kansas, Louisiana, Massachusetts, Ohio,Tennessee, and Texas. The agreementsrequire a wide range of modifications,including removal of barriers to access,provision of auxiliary aids, and staff training.

Avis Rent A Car will Improve Access toAirport Shuttle Systems for People withDisabilities -- The nation's second largestrental car company agreed to provideaccessible airport shuttle buses at all of itsairport locations nationwide. The 1999agreement between Avis Rent A Car, Inc., andthe Department of Justiceresolved a complaint filed by atraveler who uses a wheelchairalleging that Avis violated theADA by not providing access tothe shuttle system that operatesbetween the terminal at theDetroit Metro Airport and itsoffsite rental car facilities.During negotiations, Avis agreedto expand the settlement to coverall of its airport shuttle systemsnationwide. Avis agreed to ensurethat --

• Each of the 36 shuttle systemsat airport locations that it ownsand operates will have at leastone accessible vehicle byDecember 2000; somelocations will have severalaccessible vehicles;

• All newly acquired large shuttle vehicleswill be accessible;

• Accessible curbside service, under whichrented vehicles are delivered directly to theterminal where the customer with adisability is waiting, will be provided at alllocations; and

• Barriers to access will be identified andremoved at each airport location.

When the Department began its invest-igation, Avis had only six lift-equippedvehicles out of 286 in its fleet. When Avis isin full compliance with the agreement, it willhave at least 153 accessible vehicles.

Guide Dogs Will No Longer Be Subjectto Hawaii Quarantine -- Hawaii agreed toallow precertified, vaccinated guide dogs forpersons with vision impairments immediateentrance to the State, no longer requiring themto stay in a 120-day quarantine. Theagreement resolved Crowder v. Kitagawa, inwhich the Department of Justice intervened tochallenge the quarantine under the ADA. Thequarantine, established as a rabies prevention

measure, required alldogs -- includingguide dogs -- to stayat the State’squarantine facility.Although travelerswith visionimpairments couldvisit their dogs atspecified times, theycould not remove thedogs from thequarantine facility orotherwise use theirdogs to travel inHawaii during thequarantine period.


Tourists who are blind can now enjoyHawaii with their guide dogs.


Under the agreement, Hawaii agreed toestablish regulations to permit guide dogs withproper documentation and testing to enter theState immediately upon arrival. Under newregulations adopted by Hawaii, a guide dogowner is required to demonstrate that the dogis free of rabies through documentation ofrabies vaccinations and serological testing.The owner must also have a certification oftraining from a recognized guide dog school.

“Oh, I could have gone to Hawaii without myguide dog, but part of traveling for me, andfeeling comfortable in a place, is having theindependence my dog provides. The ADA hasallowed me ... to feel included in society, ratherthan cared for by it. I have choices. Choice isnot always as available to people withdisabilities as to others in our society.”

-- Jenine Stanley

Greyhound to Improve Bus Service toPassengers with Disabilities -- An agreementbetween the Department and Greyhound LinesInc., will improve the availability and qualityof accessible bus service for persons withdisabilities. The 1999 agreement resolved awide range of complaints including the denialof passage or boarding assistance to personswith mobility or vision impairments, injuriesto passengers while being physically carriedon and off buses, and verbal harassment. Itrequired Greyhound to pay more than $17,500in damages, which included individualpayments to 14 complainants ranging from$500 to $4,000. Current Department ofTransportation (DOT) regulations permitcarrying, but require Greyhound to providelift-equipped bus service on 48 hours’ noticebeginning in October 2001. The agreementwill minimize the need for carryingpassengers with disabilities by phasing inaccessible bus service in three stages,beginning two years before lift-equippedservice is required by the DOT rules. Underthe agreement, Greyhound will --

• (Through March 31, 2000 only) provide,with 48 hours’ notice through its ADA

Hotline, a lift-equipped bus or assistivedevice on scheduled departures to and fromlocations where these buses are operated(generally along major routes serving alarge proportion of Greyhound passengers)or where assistive devices can be madeavailable to passengers who request suchaccommodations;

• On 48 hours’ notice, make reasonableefforts to provide an accessible bus betweenany of the approximately 2,600 pointsserved by Greyhound; and

• (Beginning no later than April 1, 2000)guarantee accessible buses between anypoints served by Greyhound, on 48 hours’notice, except in a limited set of “excusablecircumstances” defined in the agreement.

The agreement also requires Greyhound to --

• Provide training to employees assisting anyperson with a disability;

• Establish an internal dispute resolutionprocedure for addressing complaints bypersons with disabilities within 90 days;

• Inform individuals with disabilities of theirrights under the ADA and the agreement;

• Convene a meeting of a specially createdadvisory committee of representatives fromorganizations advocating the rights ofpersons with disabilities to adviseGreyhound on its training programs andpolicies by September 30, 1999; and

• Continue systematically removing barriersto access in Greyhound facilities.

Although Greyhound only fulfilled 44% ofrequests made in October 1999, Greyhoundsteadily improved, ultimately fulfilling 94% ofpassenger requests for lift-equipped buses byFebruary 2000. In this period alone, up to 251people were saved the humiliation and risk ofbeing physically carried onto a bus.



“Every half hour or so, I became overwhelmedwith the full significance of what we haveaccomplished ... It was a great day for amagnificent, VICTORIOUS ride.”

-- Kathleen Kleinmann, a wheelchairuser, who was able to board an accessible busfor the first time for a trip from Harrisburg toPittsburgh, Pennsylvania.

Airport Shuttle Service to ProvideAccess to Service Animals -- The ArizonaShuttle Service, which operates a fixed-routeshuttle service between Tucson and PhoenixInternational Airport, agreed to operate andmaintain wheelchair-accessible vans and topermit all types of service animals, not only”seeing eye” dogs, to ride the vans. Theagreement reached by the Disability RightsSection, the United States Attorney’s Officefor the District of Arizona, two privateplaintiffs, and Arizona Shuttleresolved two private lawsuitsand two complaints filed withthe Department of Justice. Thetwo complaints investigated bythe Department alleged that theArizona Shuttle Serviceviolated the ADA by refusingto transport an individual withher service animal because theanimal was not a “seeing eyedog” and by purchasing twonew vans that were notaccessible to people withdisabilities, including peoplewho use wheelchairs. Just before entering theagreement, Arizona Shuttle purchased twoaccessible vans for its fleet. The agreementrequires the company to maintain itsaccessible vans and to post and implement aservice animal policy and a writtenreservations policy that meet the non-discrimination requirements of the ADA. Theagreement required Arizona Shuttle to pay$10,000 in compensatory damages to theindividual who was denied access because ofher service animal. Another wheelchair userand a disability group in Arizona who jointly

sued the company for having inaccessiblebuses and vans will each receive $2,500 indamages. Arizona Shuttle will also pay$5,000 in civil penalties to the United States.

DOJ Document — “Commonly AskedQuestions about Service Animals in Placesof Business,” developed in cooperation withthe National Association of AttorneysGeneral, provides questions and answerson the rights of persons with disabilitieswho use service animals in places of publicaccommodation.

South Carolina Motel Pays Damages,Penalties for Refusing Room -- TheDepartment resolved by consent decree alawsuit challenging the outright exclusion ofpeople with disabilities from a motel in SouthCarolina. The Ocean Plaza Motel in Myrtle

Beach refused to renta room to a group oftwo teenagers andtheir mothersbecause the twoteenagers havecerebral palsy anduse wheelchairs.Under the consentdecree, the ownerand operators agreedto implement andpost a formal writtenpolicy that the motelwill not deny persons

with disabilities the services, facilities andaccommodations of the motel; will train itsemployees in the equal and dignifiedtreatment of guests with disabilities; removearchitectural barriers at the motel over a two-year period, where such removal is readilyachievable; pay $92,000 plus interest to thecomplainants over the two-year period; andpay civil penalties of $5,000 to the U.S.Treasury.


A hotel refused to rent a roombecause the teenagers were wheelchair

users with cerebral palsy.


D. Ensuring anAccessible Future

To ensure that the future builtenvironment is accessible to people withdisabilities, the ADA requires all newconstruction and alterations to meetspecific architectural design standards.The Department has taken a wide range ofenforcement actions to ensure that owners,architects, and others involved in the designand construction process meet their ADAobligations.

1. Establishing Architect Liability

Future Stadium Designs to Include Lineof Sight Over Standing Spectators -- TheEllerbe Becket architectural firm agreed thatall of the new sports stadiums and arenas thatit designs in the future will be designed toprovide wheelchair seating locations with aline of sight over standing spectators. The1998 agreement specifically applies to anyfacility with more than four fixed seats and inwhich spectators can be expected to stand forall or any part of an event . The consentdecree resolved the Department's lawsuitalleging that Ellerbe had violated the ADA byrepeatedly designing new sports stadiums andarenas that violated the ADA new constructionrequirement for comparable lines of sight forwheelchair seating locations. Ellerbe arguedthat the court should dismiss the case becausearchitects are not covered by the ADA andbecause lines of sight over standing spectatorsare not required. The court disagreed withboth of these arguments.

DOJ Document -- “Common Errors andOmissions in New Construction andAlterations,” first distributed at aconference cosponsored by the AmericanInstitute of Architects, assists architectsand the construction industry in designingand constructing buildings that complywith the ADA.

2. Making Newly ConstructedBuildings Accessible

Nationwide Restaurant Chain Agrees toAccessible New Construction -- Lone StarSteakhouse and Saloons, a nationwiderestaurant chain operating 105 restaurants in29 States, agreed to bring 97 new or alteredfacilities into full compliance with the ADA.This 1995 agreement was the first resultingfrom a compliance review, a process by whichthe Department reviews architectural plans todetermine if new construction projects willcomply with the ADA's standards. Byreviewing the plans and visiting several sites,officials learned that Lone Star failed toprovide accessible seating, restrooms, andparking, as well as accessible routes fromparking areas. Lone Star also agreed tocontribute a total of $5,000 to four disabilityadvocacy groups.

New Olympic Stadiums Are FullyAccessible -- The Department entered intoagreements to ensure full accessibility at fivevenues newly designed and constructed for the1996 Olympic Games and Paralympic Gamesin Atlanta, Georgia. The agreements with theAtlanta Committee on the Olympic Gamesand the Metropolitan Atlanta Olympic GamesAuthority make the Olympic Stadium, theAquatic Center, the Stone Mountain TennisCenter, and the field hockey stadiums atMorris Brown College and Clark AtlantaUniversity models for accessible stadiumdesign nationwide.

Under the agreements, the facilities --

• Provide accessible seating as an integralpart of the seating plan;

• Have at least one percent of their totalseating accessible for persons usingwheelchairs;

• Disperse the accessible seating throughoutthe stadiums, including in specialty seating



areas, such as the suites and the club levelof the Olympic Stadium;

• Provide a conventional seat next to eachwheelchair space so that spectators withdisabilities can sit next to family andfriends;

• Ensure that virtually all wheelchair seatshave a comparable “line of sight” so thatwheelchair users can still see the playingsurface even when spectators in front ofthem stand up during an event;

• Provide an accessible route from parkingand transportation areas to the wheelchairseating locations that connects with allpublic areas of the stadiums; and

• Provide full accessibility at all concessionstands, restrooms, parking areas (includingparking for vans), automatic bank machines,locker rooms, portable toilets, and employeecommon-use areas.

After the conclusion of the Olympic andParalympic Games, the five facilities wereconverted into smaller, permanent sportsfacilities. For example, the Olympic Stadiumbecame the new home for the Atlanta Bravesand the Aquatic Center became a swimmingfacility for the Georgia Institute ofTechnology. The agreements ensured that thepost-Olympic configuration of the facilitieswill also be fully accessible.

DOJ Document -- “Accessible Stadiums”highlights key ADA accessibilityrequirements, including the provision ofwheelchair seats that have a comparable“line of sight” allowing wheelchair users tosee the playing surface even when otherspectators stand up in front of them.

Three 1999 Lawsuits ChallengeStadium-style Theater Design --

United States v. AMC Entertainment,Inc. -- The Department filed suit against AMC

Entertainment, Inc., and American Multi-Cinema, Inc., in the U.S. District Court for theCentral District of California for violating theADA in the design, construction, andoperation of stadium-style movie theaters inthe AMC chain. The two theaters named inthe complaint are the Norwalk Theater inNorwalk, California, and the Promenade 16Theater in Woodland Hills, California. Thenewly constructed AMC theaters have twotypes of seats -- stadium-style seats, whichprovide comfortable, unobstructed lines ofsight to the screen, and traditional seating,which is located on the sloped floor at thefront of the theater immediately in front of thescreen. Although AMC marketed the theatersas providing stadium-style seating, it placedthe wheelchair seating only in the lessdesirable traditional seating on sloped floors.Wheelchair users are therefore denied a movieviewing experience that is comparable to thatafforded to other members of the generalpublic. The complaint alleged other accessviolations including the failure to providecompanion seating next to wheelchair seats;failure to provide handrails; inadequate spaceat wheelchair seating locations; andinaccessible concession counters, bathrooms,and telephones.

United States v. Cinemark USA, Inc. --The Department filed suit against CinemarkUSA, Inc., in the U.S. District Court for theNorthern District of Ohio alleging that three ofCinemark’s Ohio theaters, as well as itsstadium-style seating theaters across thecountry, violated the ADA by failing both toprovide comparable lines of sight towheelchair users and to make wheelchairseating locations an integral part of thestadium-style seating.

Lonberg v. Sanborn Theaters, Inc. --The Department intervened in an ongoinglawsuit in the U.S. District Court for theCentral District of California brought by twowheelchair users against the Market PlaceCinema in Riverside California, a facility thatoffers stadium-style seating. The suit allegesthat Sanborn violated title III because it does



not provide adequate numbers of wheelchairseating locations, fixed companion seats nextto wheelchair seating locations, aisle seatswith removable armrests, and wheelchairseating locations with lines of sightcomparable to those for other members of thegeneral public.

Days Inns Will Promote Accessibility atNew Hotels Nationwide -- The world'slargest hotel chain agreed to undertake anationwide initiative designed to makehundreds of its new hotels across the countrymore accessible to persons with disabilities.The 1999 consent decree resolved fivelawsuits filed by the Department of Justice.The suits alleged that franchiser Days Inns ofAmerica, Inc, and its parent company,Cendant Corporation (formerly HFS, Inc),because of their significant role in the designand construction of new Days Inns hotels,violated the ADA by allowing franchisees toconstruct hotels that failed to comply with theADA Standards for Accessible Design. Underthe agreement, Days Inns will --

� Require new hotels to certify that they arein compliance with the ADA Standardsbefore they open for business as Days Inns;

� Pay for an independent survey programdesigned to identify ADA problems atnewly constructed hotels;

� Establish a $4.75 million revolving fund toprovide interest-free loans to franchisees ofnewly constructed hotels to finance repairsand renovations required for ADAcompliance; and

� Pay $50,000 to the United States.

The agreement ended four years oflitigation that followed an 18-monthinvestigation of newly constructed Days Innhotels across the country. The investigationrevealed that similar accessibility problemsexisted throughout the chain, including, forexample, insufficient accessible parking,inaccessible entrances and walkways at the

facilities; inadequate space for persons whouse wheelchairs to maneuver in guestroomsand bathrooms; insufficient visual alarmsystems for persons who are deaf or hard ofhearing; inadequate signage for persons whoare blind or have low vision; inaccessibleroutes throughout the hotels; and guestroomand bathroom doors that were not wideenough to allow wheelchairs to pass inside.Claims against the owners, constructioncontractors, and architects of the five hotelswere resolved in other agreements.

DOJ Documents -- “Common ADAProblems at Newly Constructed LodgingFacilities,” the “ADA Checklist for NewLodging Facilities,” and “Five Steps toMake New Lodging Facilities Comply withthe ADA” assist hotel owners, franchisers,architects, and contractors on ADArequirements.

E. Gaining EqualAccess to Health Care

The ADA requires that people withdisabilities have equal access to health careprovided by both the public and privatesectors and that the care be provided in themost integrated setting appropriate. TheDepartment has acted forcefully to ensurecompliance by 9-1-1 systems, dentists,doctors, hospitals, and State long-term careprograms.

I. Receiving Emergency Services

Nationwide Initiative Spurs 9-1-1Accessibility -- The Department undertook anationwide initiative to ensure that 9-1-1emergency services provide direct, equallyeffective access to TTY users, includingpeople who are deaf, hard of hearing, or whohave speech impairments. Compliancereviews were conducted in over 500 locationsin all 50 States including Houston, Seattle,Miami, Washington, D.C., Chicago,Indianapolis and other major metropolitan



areas by U.S. Attorneys’ Offices inconsultation with the Civil Rights Division.Where problems were found, the U.S.Attorneys offered technical assistance andnegotiated agreements to bring those 9-1-1systems into compliance. Those agreementsrequired 9-1-1 providers to --

• Install a text telephone, TTY, or computerwith TTY capability at every single calltaker’s position, so that each call taker hasimmediate TTY access if a TTY call comesin;

• Instruct call takers to treat every “silent”call as a potential TTY call and send a TTYprompt;

• Develop and implement a public educationprogram to promote the use of 9-1-1 byindividuals who use TTY’s;

• Conduct staff training and semiannualaudits of the quality of service provided toTTY users.

DOJ Document -- “ADA Access for 9-1-1and Telephone Emergency Services”outlines ADA requirements for providingdirect access to emergency services forpersons using TTY’s or text telephones,including individuals who are deaf, hard ofhearing, or who have speech impairments.

Philadelphia Addresses HIVDiscrimination -- The City of Philadelphiaentered an agreement resolving a complaintalleging that emergency medical technicians(EMTs) of the Philadelphia Fire Departmentrefused to assist an individual when theylearned that he had HIV. The City agreed toconduct mandatory training of theDepartment’s 2,300 EMTs and firefightersregarding universal precautions to prevent thetransmission of HIV/AIDS, as well as toprovide HIV/AIDS sensitivity training. TheCity also agreed to develop and publicize awritten policy stating that individuals withdisabilities will be given the opportunity to

benefit fully from its emergency medicalservices and to discipline any personnel whofail to follow the City’s guidelines. Inaddition, the City agreed to pay $10,000 incompensatory damages and provide a writtenapology to the individual denied services.

2. Securing Access to Health Care

Maine Hospital Will Provide AuxiliaryAids for Deaf, Hard of Hearing -- The U.S.Attorney for the District of Maine, a privateplaintiff, and the Maine Medical Centerentered into a consent decree requiring themedical center to provide qualified signlanguage interpreters, assistive listeningdevices and TTY’s, captioned televisions, andother similar aids and services to persons whoare deaf or hard of hearing. Maine MedicalCenter, which is Maine’s largest hospital, alsoagreed to publish and distribute a new writtenhospital policy directing its employees to offeran interpreter whenever staff has any reason tobelieve a patient is deaf or hard of hearing.The interpreter is to be made available by themedical center as soon as possible and no laterthan one hour after the receipt of a request foran interpreter. The hospital also agreed toprovide the same services includinginterpreters to deaf family members, relatives,companions, and friends who visit oraccompany a patient. The hospital willrequire all of its clinical directors anddepartment heads, as well as its supervisors,nurses, and other patient-contact personnel, toparticipate in mandatory and comprehensivein-service training regarding the proper useand role of interpreters and othercommunication needs of persons who are deafor hard of hearing. Maine Medical Centeralso agreed to produce an educational videoand distribute materials to all physicians withhospital privileges regarding the ADA rightsof persons who are deaf and hard of hearingand to pay a civil penalty of $10,000 and$25,000 in damages to the plaintiff.



Connecticut Agreement EstablishesStatewide Interpreter System -- TheDepartment intervened in ConnecticutAssociation of the Deaf v. MiddlesexMemorial Hospital, a lawsuit brought by theOffice of Protection and Advocacy inConnecticut against 10 acute care hospitals forfailing to provide sign language and oralinterpreters for persons who are deaf or hardof hearing. In a consent decree joined by allof the parties and 22 other acute carehospitals, the hospitals agreed to --

• Set up a state-wide on-call system toprovide interpreters 24 hours a day, sevendays a week, for persons who are deaf orhard of hearing (the system will respond tomost requests in urban areas within an hour,and in rural areas within one hour andfifteen minutes);

• Use sign language pictogram flash cardsthat will be developed by the Department ofJustice to assist in communication whensign language interpreters are not available;

• Provide TTY’sthrough-out thehospitals’ publicareas and in patientrooms, whenrequested;

• Install visual alarmswhere audible alarmsare provided;

• Provide otherauxiliary aids andservices whennecessary foreffectivecommunication,including computerassisted real-timetranscriptionservices, closedcaption decoders fortelevisions,

captioning of hospital-generated videos,qualified notetakers, assistive listeningdevices and systems, and written materials;and

• Train employees and volunteers aboutissues relating to communication withpersons who are deaf or hard of hearing,including special training for emergencydepartment personnel, psychiatricpersonnel, social workers, and other keypersonnel; offer training to all affiliatedphysicians; and pay $333,000 in compen-sation to the named plaintiffs andindividuals who filed complaints with theDepartment of Justice.

Supreme Court Rules AsymptomaticHIV-infected Patient is Person with aDisability -- The Supreme Court decided inBragdon v. Abbott that asymptomaticHIV-status is a disability under the ADA.Plaintiff, a dental patient in Bangor, Maine,infected with HIV, but who had no outwardsymptoms of the disease, was deniedtreatment by a dentist. The patient filed suitunder the ADA, alleging that, as a result of the

virus, she was “disabled” andtherefore protected by the Act.The U.S. Court of Appeals forthe First Circuit ruled that thepatient’s asymptomatic HIVstatus constituted a disabilitybecause it was a physicalimpairment that substantiallylimited the “major life activity”of reproduction. The SupremeCourt agreed with the amicusbrief filed by the Department ofJustice and upheld the court ofappeals in a 5-4 decision, findingthat asymptomatic HIV statusmet all the requirements underthe statutory definition of adisability -- it is a physicalimpairment (from the moment ofinfection), it impairs the majorlife activity of reproduction, andit “substantially limits” that


For years, RachelSpillane had tointerpret for her familyin many emergencymedical situations. “...with the [Connecticut]consent decree I wasrelieved of thisdilemma and was onceagain allowed to be afamily member. I wishthat each State hadsuch a system in placeso that the deafcommunity truly hasequal access to thehealth care system.”


activity. The court also emphasized that itsconclusion was consistent with theDepartment of Justice’s views on this issue asexpressed in its regulations and technicalassistance manual.

DOJ Document -- “Questions andAnswers: The ADA and Persons with HIV/AIDS” explains the ADA’s requirements foremployers, State and local governments,businesses, and nonprofit agencies servingthe public.

Hospital Center Pays Damages, Agreesto Nondiscriminatory Treatment of Patientswith HIV -- The Department reached anagreement with The George WashingtonUniversity, The George WashingtonUniversity Medical Center, The GeorgeWashington University Hospital (GWUH),and District Hospital Partners, L.P., to resolvea complaint that cardiothoracic surgeons atGWUH violated the ADA by denying openheart surgery to a patient because he has HIV.The agreement required GWUH to pay$125,000 to the complainant; to issue ahospital policy establishing that patientscannot be denied, or discouraged fromseeking, surgery or other medical treatmentbecause of infection with HIV or AIDS; toconduct annual training for staff on this newnondiscrimination policy; to amend its bylawsand regulations to provide for discipline ofhospital staff who violate thisnondiscrimination policy; to conduct a grandrounds symposium for local areacardiothoracic surgeons that addressesnondiscrimination against persons with HIVand AIDS who need open-heart surgery; toadvise patients of GWUH’s nondiscriminationpolicy; and to establish an internal mechanismfor responding to patients’ concerns that theyhave been denied treatment, or discouragedfrom seeking treatment, because of HIV,AIDS, or any other disability.

“The ADA has heightened medical and dentalprofessionals’ awareness that discrimination isagainst the law ... and has given ... doctors theability to persuade their colleagues not todiscriminate.”

-- Daniel Brunner, Whitman-WalkerClinic, Washington, D.C.

New Orleans Dentist Liable for Refusalto Treat Patient with HIV -- A Federal courtin Louisiana ruled that a dentist violated thelaw by referring persons with HIV or AIDS toanother dentist solely on the basis of thepatient's HIV positive status. Under a consentorder the dentist, Dr. Morvant, agreed to pay$60,000 in damages to the family of onedeceased patient, Ismael Pena, and $60,000 toanother patient, and to no longer discriminateagainst persons with HIV or AIDS. Morvantmay refer such patients to another dentist onlywhen the dental treatment being sought orprovided is outside his area of expertise. Theorder also requires Morvant and his staff toundergo training on the treatment of personswith HIV or AIDS, infection control in thedental workplace, and the ethical duty to treatpersons with HIV or AIDS.

Mississippi Medical Center will ProvideInterpreters for Child Birth Classes -- TheU.S. Attorney's Office for the SouthernDistrict of Mississippi reached an agreementwith Central Mississippi Medical Centerresolving a complaint that the Center denied arequest for an interpreter by a deaf individualwishing to attend child birth classes. TheCenter, located in Jackson, will institute apolicy to ensure that individuals will receivethe auxiliary aids and services needed foreffective communication, including signlanguage interpreters. For courses or seminarsoffered by the Center, no more than 48 hoursprior notice will be required to receive aninterpreter. The Center will also provide ADAtraining to its employees and pay $1,000 indamages to the complainant.



Oregon Obstetrician Pays Damages inInterpreter Suit -- The Disability RightsSection and the U.S. Attorney for the Districtof Oregon intervened in and, at the same time,settled a lawsuit, Drew v. Merrill, challenginga Portland obstetrician’s refusal to provide asign language interpreter for medical consult-ations with a nondisabled, expectant motherand a deaf father. The suit was resolvedthrough a consent decree reached throughformal mediation under which PerinatalAssociates agreed to institute a policy ofproviding sign language interpreters for deafpatients or their partners who are deaf toensure effective communication; providetraining for doctors and staff on the require-ments of the ADA; and pay $25,000 in dam-ages to the plaintiffs.

3. Being Free from UnnecessaryInstitutionalization

Supreme Court Declares thatUnjustified Isolation Is Discrimination -- InOlmstead v. L.C., the Supreme Court ruledthat the ADA's “most integrated settingappropriate” mandate required States to avoidundue institutionalization of people withdisabilities. As urged by the Department in itsamicus brief, the Court upheld the ruling ofthe U.S. Court of Appeals for the EleventhCircuit that Georgia may have violated theADA by confining two individuals withmental disabilities in an institution rather thanproviding services through a community-based program as recommended by the State'streating professionals. In finding thatunjustified isolation is a form ofdiscrimination under the ADA, the Courtpointed to the stigma of unworthiness, and theunequal access to family and socialinteraction, employment, education, andcultural enrichment that result fromunnecessary institutionalization. According tothe Court, an institutional placement isunjustified when the State’s treatmentprofessionals have determined that communityplacement is appropriate, the transfer is notopposed by the individual, and the placementcan be accomplished without fundamentally

altering the State's program. In applying thefundamental alteration defense, courts are toconsider not only the expense of providingcommunity-based care to the plaintiffs in aparticular case, but also the “need to maintaina range of facilities for the care and treatmentof persons with diverse disabilities” and “theStates’ obligation to administer services withan even hand.”

F. Enjoying Equal Accessto Child Care

The ADA protects children withdisabilities from discrimination inadmission to child care and guaranteesreasonable modifications in policies,practices, and procedures to allow fullparticipation in child care programs. TheDepartment has pressed for an end to HIVdiscrimination and for reasonable effortsby child care providers to accommodatechildren with diabetes, asthma, foodallergies, and other disabilities requiringmonitoring, medication, or other assistance.

Child Care Chain Agrees to GlucoseTesting -- The Department reached anagreement with KinderCare, the nation'slargest proprietary child care provider, thatwill allow children with diabetes to enroll atany of KinderCare's 1100 centers nationwide.The 1996 agreement required KinderCare toperform finger-stick tests at the request ofparents in order to monitor the blood sugarlevel of their children and to take appropriateaction. It does not require that KinderCareadminister insulin injections. KinderCare alsoagreed to engage in a three-year ADA traininginitiative for its employees and to appoint adisability services coordinator. The agreementresolved a Department of Justice investigationand a private lawsuit brought by the AmericanDiabetes Association, its Ohio affiliate, andthe next friend of Jesi Stuthard. Jesi had beendenied the opportunity to attend a KinderCareLearning Center near Columbus, Ohio,because of his diabetes and KinderCare'srefusal to perform glucose monitoring.



California Law Accommodates GlucoseTesting by Child Care Centers -- A 1997California law exempts blood glucose testingfrom the category of “incidental medicalprocedures” that cannot be done outside thepresence of a licensed health careprofessional. The legislation followed afinding by the Department of Justice thatCalifornia was violating the ADA bymaintaining a licensing program that made itillegal for child care providers to performblood glucose finger-stick tests for childrenwith diabetes in their care, unless the testswere done under the direct supervision of alicensed nurse or physician. Such tests arerequired under the ADA as a reasonable policymodification necessary to integrate childrenwith diabetes into mainstream day carecenters. This restriction came to theDepartment's attention after it reached asettlement agreement with KinderCareLearning Centers. KinderCare was told by theCalifornia Department of Social Services thatif it complied with the agreement, its childcare licenses would be revoked.

Nationwide Child Care AgreementAccommodates Children with FoodAllergies, Diabetes, other Disabilities -- TheDepartment reached an agreement with LaPetite Academy, Inc., the nation's secondlargest child care provider, protecting therights of children with severe food allergiesand other disabilities, including diabetes andcerebral palsy. La Petite Academy, Inc., whichoperates over 750 day care centers nationwide,has agreed to administer epinephrine, a formof adrenaline, to those children whoexperience life-threatening allergic reactionsto certain foods, such as peanuts, or bee stings.If authorized by parents and a physician, LaPetite staff will use a small pen-like device(sold as Epipen, Jr., or under other names) thatcarries a premeasured dose of epinephrine toalleviate a reaction. The staff person simplyremoves a safety cap and presses the penagainst the thigh of the child, discharging theepinephrine. The 1997 agreement awardsdamages of $55,000 to five children who wereallegedly affected by La Petite's lack of

reasonable modifications for children withdisabilities. Three were children whose foodallergies prevented them from enrollmentwithout the availability of the Epipen, Jr.Two were children with cerebral palsy, whowere denied reasonable modifications inpolicies, practices, and procedures that wouldenable them to continue in child care. LaPetite also adopted a policy for administeringfinger stick tests to measure the blood glucoselevels of children with diabetes.

DOJ Document — “Commonly AskedQuestions About Child Care Centers andthe ADA,” released in conjunction with the1997 White House Conference on ChildCare, provides a broad range ofinformation about the ADA obligations ofchild care programs.

Wisconsin Child Care Center WillAssist with Leg Braces, Diapering -- TheDepartment reached an agreement resolving acomplaint filed by the mother of a child withcerebral palsy against the Sunshine ChildCenter in Gillette, Wisconsin. Thecomplainant alleged that the center refused toput on and remove leg braces that herdaughter needed to walk. The complaint alsostated that the center, which provides separateservices to children three years old andyounger and children ages four through 12,intended to keep her child with the youngergroup of children even after her fourthbirthday, because, due to her disability, sherequired diaper-changing at a later age thanother children at the center. The agreementrequired the Sunshine Child Center to offer toreadmit the girl, who was removed by hermother following the center's allegeddiscrimination. It also required the center toput on and remove the child's leg braces, ifnecessary, and to provide the same service toother children with the same need forassistance. In addition, the center agreed toprovide diaper changing to children whorequire the service more frequently and/or at alater age than other children due todisabilities, without segregating them from



children in their age group; to publish apolicy of nondiscrimination on the basis ofdisability at the center and in printedadvertisements of its services; to removecertain barriers to access discovered duringthe Department’s investigation; and to ensurethat a newly-constructed facility built to housethe center complied fully with the ADAStandards for Accessible Design.

After-School Program Reinstates Nine-year-old with Multiple Disabilities -- TheDepartment participated as amicus curiae inthis suit against a major daycare providerchallenging the exclusion of a nine-year oldboy because of his disabilities. KinderCarehad decided to terminate Jeremy Orr, a childwho hasdevelopmentaldisabilities, lowvision, and a mildseizure disorder, fromits after-schoolprogram. He neededassistance in eating,walking, diapering,and interacting withother persons. Aftersix months of servingJeremy in its two-year-old room,KinderCare arguedthat it could not meetJeremy’s individualized needs in “a group caresetting.” KinderCare also refused to modifyits procedures to accommodate an aide forJeremy proposed by his parents. This aidewould be provided by a third party with fullState support. The Department argued thatJeremy’s presence had not fundamentallyaltered KinderCare’s program and thataccommodating an aide for Jeremy in thefuture also would not fundamentally alterKinderCare’s program. The court entered apreliminary injunction that orderedKinderCare to retain Jeremy pending trial.Under a consent decree resolving the lawsuit,KinderCare agreed to retain Jeremy Orr in itsafter-school program and allow him to beaccompanied by an aide funded by the State.

He was also to be allowed to attend theprogram in an age-appropriate classroomwhen the aide was present, and the two-yearolds’ room when the aide was not present.KinderCare agreed to mandatory staff trainingand periodic conferences with Jeremy’sparents regarding how best to include him inprogram activities. Without admittingliability, KinderCare agreed to pay damagesand attorney’s fees to the Orrs.

“As a parent, the biggest benefit I received wasin the day to day observation of his inclusionand acceptance by other children ... I knowJeremy has made an impact on the children inhis community because when we go to the storeor public events or when he is attending publicschool, some child will yell out “Hey Jeremy!

How are you?” I usually don’tknow or recognize the child, butit’s enough for me to know thatthey know Jeremy.”

-- Sherry Johnstone, Jeremy’smother.

Three Wisconsin CentersWill Admit Children with HIV-- The U.S. Attorney for theWestern District of Wisconsinentered into a consent decreeresolving a lawsuit filed againstABC Nursery, Inc., in Beloit,Wisconsin, for allegedly refusing

to admit a three-year-old boy because he hadtested positive for HIV. Earlier, consentdecrees were filed involving two other Beloitchild care centers, resolving similarallegations of discrimination against the samechild. All three centers agreed that a child withHIV infection is disabled under the ADA andthat such a child cannot be refused admissionto child care programs because of his or herHIV-positive status. The three centers agreedto sponsor, with the participation of the U.S.Attorney's Office, an informational meeting inBeloit for interested child care providers,parents, and staff to discuss the ADA and HIV.


Jeremy at his after-school program


Child Care Center Ordered to AdmitChild with Asthma -- The U.S. District Courtfor the Northern District of California inAlvarez v. Fountainhead, Inc., ordered aCalifornia child care center to modify its “nomedications” policy and enroll a child whohas asthma and uses an inhaler. It alsoordered the center to provide a one-hourtraining session for its staff on the nature ofasthma and the supervision of children whouse albuterol inhalers. Fountainhead ChildCare Center prohibited teachers from assistingin the administration of any medication tochildren enrolled in its program and requiredparents to either come to the facility toadminister any necessary medication, forgomedication while the child is at preschool, ornot enroll the child.Jeremy Alvarez, thefour-year-old child in thiscase, was able to use theinhaler himself, butrequired monitoring forsigns of wheezing andsupervision while he usedthe inhaler. TheDepartment argued in anamicus brief in support ofthe child that the minimalmonitoring andsupervision required inthis case would bereasonable and notfundamentally differentfrom the responsibilitiesthat all child-careoperators have for the safety and well-being oftheir students.

“I was really happy that the ADA was there. Ithelped us and will prevent others like Jeremyfrom having to go through such an ordeal.”

-- Jeremy Alvarez’s mother, whoworried that her son would not be able to go tothe child care center because no one would takeher complaint seriously.

G. Protecting the ADAand Making it Work

The Department seeks everyopportunity to maintain and expand theeffectiveness of the ADA. The Departmenthas fought nationwide to uphold theconstitutionality of ADA suits againstStates. It has also actively pursuedalternative dispute resolution to increaseADA compliance.

1. Defending the ADA’sConstitutionality

Supreme Court WillReview Constitutionality ofADA Damages Suits AgainstStates -- The Supreme Courtwill review the decision of theU.S. Court of Appeals for theEleventh Circuit in Garrett v.University of Alabama atBirmingham, which upheld theconstitutionality of lawsuitsbrought by individuals seekingdamages awards from States.The Department intervened todefend the ADA in numeroussuits nationwide, includingGarrett. Most appellate courtshave agreed with theDepartment and upheld the

ADA suits against States. Garrett is aconsolidation of two employment suits againstAlabama State agencies. One involves thealleged discriminatory demotion of anindividual with breast cancer by theUniversity of Alabama, and the other a claimthat the Alabama Department of YouthServices failed to reasonably accommodate anindividual with chronic asthma. States haveargued that, because the ADA’s protections gobeyond the equal protection rights guaranteedby the Fourteenth Amendment, Congresslacks authority to subject them to lawsuitsunder the ADA. The Department, however,


Jeremy Alvarez is now free to usehis inhaler at the child-care center.



believes that the ADA is constitutionallyappropriate legislation to remedy the historyof pervasive discrimination against peoplewith disabilities, and almost all of theappellate courts have agreed.

2. Building a Mediation Option

Expanded Mediation Gets Results -- TheDepartment’s voluntary ADA MediationProgram provides an efficient, effective,voluntary alternative way to resolvecomplaints under the ADA. Increased fundinghas allowed the Department to refer over1,000 complaints to mediation in virtuallyevery rural and urban area of the country.Over 80% of the cases in which mediation hasbeen completed were successfully resolved.

The ADA Mediation Program has resultedin the elimination of architectural,communication, and attitudinal barriers forhundreds of people with all types ofdisabilities throughout the country, whileallowing the Department to achievemeaningful compliance with the law withoutthe expense and delay frequently associatedwith formal investigation and litigation.

The ADA Mediation Program is focusedon the local community where people live,work, and play. After determining a complaintis appropriate for mediation, the Departmentformally contacts both parties, offering theopportunity to resolve the complaint throughmediation. Under a contract with the KeyBridge Foundation, the complaints are thenreferred for mediation locally by the morethan 450 experienced professional mediatorsparticipating in the program, all of whom havebeen trained in the legal requirements of theADA. Mediators are supervised by the KeyBridge Foundation in consultation with theDepartment of Justice to assure quality ofservice and compliance with the ADA.

“I had been skeptical of using mediation. I amnow convinced that it has great value. Themediator was a very capable person and playeda major role in the successful conclusion.”

A person who is a wheelchair user

Mediation places responsibility on theshoulders of both parties who control, with theassistance of the mediator, both the processand the outcome of the mediation. Thiscooperative approach requires parties to talkwith each other and work cooperatively; givesan opportunity for both sides to begin tounderstand each other; and can preserve,rather than sever, the relationship between theparties. The very structure of mediation helpsalter perceptions and change attitudes.Successful mediations produce win-winresults.

“This has been a very educational experience.I now have an insight on disabilities and wantto do what I can to comply.”

A business owner

The following are examples of resultsreached through mediation in the areas ofbarrier removal, provision of effectivecommunication, and modification of policies,practices and procedures --

A wheelchair user complained that aVirginia condominium sales office did nothave an accessible entrance. Thecondominium builder agreed to renovate thesales office entrance to make it accessible. Thebuilder agreed to display a sign stating thepolicies they have created to comply with theADA. The policies include providingauxiliary aids and services upon request asneeded to ensure effective communication,making informational videos available uponrequest, and providing a method of requestingother accommodations. The builder agreed todonate $2,500 to a disability rightsorganization and to pay the complainant$1,000.



In Arkansas, wheelchair users complainedthat a restaurant did not have an accessibleentrance. The owner agreed to install a rampand to properly mark accessible parkingspaces and the paths of travel. The owner alsoagreed to work with the complainants whenplanning any major renovations in the futureand to provide disability awareness trainingfor all employees.

A person who is deaf complained that aNebraska dentist’s office refused to provideeffective communication during an officevisit. The dentist agreed to institute a policyensuring compliance with the ADA and toattend training on both the requirements of theADA and disability awareness. She agreed tojoin with a disability rights lawyer inconducting four presentations for professionalorganizations on the ADA and dentists, wrotea letter of apology to the complainant, andagreed to pay the complainant $100.

A person with a vision impairmentcomplained that a Mississippi restaurantdenied her access and service because sheused a service animal. The owner agreed todisplay a sign in the establishment stating thatservice animals are welcome and agreed toinstruct all his employees that people who useservice animals are to be welcomed, seated,and served in the same manner as allcustomers.

In New York, a wheelchair usercomplained that the accessible door to thelobby housing a bank’s ATM machine waslocked after business hours, leaving only aninaccessible revolving door for access afterbusiness hours. The bank agreed to keep theaccessible entrance door open 24 hours a dayand to install directional signage.


II. Certification Highlights

The ADA specifically recognizes theimportance of the built environment inenabling people with disabilities toparticipate in the mainstream of Americanlife. The ADA requires new or alteredplaces of public accommodation andcommercial facilities to comply with theDepartment’s ADA regulations, includingthe ADA Standards for Accessible Design.In many cases, these facilities are alsosubject to accessibility requirementsestablished under State or local laws. Tofacilitate compliance with both Federal andlocal laws, the ADA authorizes the JusticeDepartment, upon request of State or localofficials, to certify that State or localaccessibility laws meet or exceed therequirements of the ADA.

Eleven States have now requested codecertification. The Department has certified theaccessibility codes of Washington, Texas,Maine, and Florida. Requests from California,Indiana, Minnesota, New Jersey, New Mexico,North Carolina, and Maryland are underreview.

Certification has several advantages,including --

• Facilitating compliance by putting theFederal and local requirements in a single,readily available document. Rather thansearching both local codes and the Federalregulations for the requirements for eachelement of a building, designers andbuilders need only refer to a single certifiedcode;

• Ensuring that accessible design is part ofeach plan — not an afterthought. Thisenables designers and builders to provideaccessibility in the most cost-efficientmanner. The cost of compliance in the early

stages of design and construction isminimal. However, the cost of problemsdiscovered after construction is completedcan be significant;

• Shifting the burden of reconcilingdifferences between local and Federalrequirements from the builders anddesigners to the Department of Justice andthe responsible local building authority. Byresolving conflicts between State andFederal laws, certification lets builders anddesigners focus on building, rather than ondeciding what to do when the Federal andlocal requirements conflict; and

• In an enforcement proceeding, compliancewith a certified code will constituterebuttable evidence of compliance with theADA.

In implementing its authority to certifycodes, the Department works closely withState and local officials, providing extensivetechnical assistance to enable them to maketheir codes equivalent to the ADA. Inaddition, the Department responds to requestsfor review of model codes and providesinformal guidance to assist private entities thatdevelop model accessibility standards to makethose standards equivalent to the ADA.

CERTIFICATION HIGHLIGHTS


III. Technical Assistance Highlights

The ADA mandated the establishmentof an unprecedented technical assistanceprogram to educate businesses, governmentagencies, and people with disabilities abouttheir rights and responsibilities under theAct. Educating entities covered by the Actabout their obligations and educatingpeople with disabilities about their rightshave been top priorities for the Departmentof Justice.

In the past ten years, the Department --

• Established the toll-free ADA InformationLine in 1994 that averages 110,000 callseach year from the public;

• Established the ADA Home Page in 1996that received over 6 million visits last year;

• Published more than 40 technical assistancepublications, and disseminated severalmillion copies, including technicalassistance manuals, an ADA Guide forSmall Businesses, an ADA Guide for SmallTowns, A Guide to Disability Rights Laws,and a series of question-and-answerpublications on awide variety ofissues;

• Developed publicserviceannouncementsabout the ADAfeaturing PresidentClinton and AttorneyGeneral Reno anddisseminated them toTV and radiostations across thecountry;

• Provided $12 million to trade associations,disability rights groups, and otherorganizations to develop and disseminate130 guides and fact sheets and 20educational videotapes aimed at educatinghotels and motels, grocery stores,restaurants, retail stores, dry cleaners, travelagents, medical professionals, child careproviders, small businesses and otherservice providers, builders and contractors,town and city officials, courts, lawenforcement, emergency response centers,people with disabilities, and other groupsthat are affected by the ADA;

• Developed My Country, a documentary onpeople with disabilities’ struggle forequality that aired on public televisionstations across the country in 1997 and1998;

• Placed a collection of 94 ADA publicationsdeveloped by the Department, its grantees,and other federal agencies in 15,000 localpublic libraries, and sent a selection of 33publications to 6,000 Chambers ofCommerce around the country;

• Each year for the past sevenyears, notified six millionbusinesses through IRSmailings of their ADAresponsibilities and how toobtain information aboutspecific ADA concerns orissues;

• Translated and reproducedADA publications inSpanish, Cambodian,Chinese, Hmong, Japanese,Korean, Laotian, Tagalog,and Vietnamese forlanguage-minoritycommunities;

TECHNICAL ASSISTANCE HIGHLIGHTS

A sampling of ADAtechnical assistance publications


• Conducted training seminars, answeredquestions, disseminated information, andpromoted awareness of the ADA nationwideat over 1000 meetings of minority,disability, and professional organizations,and trade organizations representingbusiness and government; and

• Reviewed hundreds of ADA publications,scripts, and videos developed by otheragencies, grantees, and Disability andBusiness Technical Assistance Centers toensure their legal and technical accuracy.

ADA Home Page

An ADA home page is operated by theDepartment on the Internet’s World Wide Web(www.usdoj.gov/crt/ada/adahom1.htm).The home page provides information 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 regulations andrequirements; and

• the ADA mediation program.

The home page also provides direct access to:

• ADA regulations, the ADA Standards forAccessible Design, and technical assistancematerials (which may be viewed online ordownloaded for later use);

• Freedom of Information Act (FOIA) ADAmaterials; and

• Links to the Department’s press releases,and Internet home pages of other Federalagencies that contain ADA information.

ADA Information Line

The Department of Justice operates atoll-free ADA Information Line to provideinformation and publications to the publicabout the requirements of the ADA.Automated service, which allows callers toorder publications, is available 24 hours a day,seven days a week. ADA specialists areavailable on Monday, Tuesday, Wednesday,and Friday from 10:00 a.m. until 6:00 p.m.and on Thursday from 1:00 p.m. until 6:00p.m. (Eastern Time). Spanish languageservice is also available.

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

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


A State universityadministrator did not knowhow to accommodate a studentwho uses a wheelchair -- so hecalled the ADA hotline. AnADA specialist suggestedmoving courses to accessiblesites as well as setting upmeetings with students andstaff to identify possibleobstacles that limit campusaccess. Two weeks later, theadministrator called back tosay that the first meeting was asuccess, not only for thestudents, but for the schoolbecause it dispelled the myththat providing program accesswould be too costly.


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 for the ADAInformation Line and following the directions,callers can select from among 32 differentADA technical assistance publications andreceive the information, usually withinminutes, directly on their fax machines orcomputer fax/modems. A list of availabledocuments and their code numbers may alsobe ordered through the ADA Information Line.

Publications and Documents

Copies of the Department’s ADAregulations, ADA Standards for AccessibleDesign, and technical assistance publications,including the Technical Assistance Manualsfor titles II and III, can be obtained by callingthe ADA Information Line, visiting the ADAHome Page, or writing to the address listedbelow. All materials are available in standardprint as well as large print, Braille, audiotape,or computer disk for persons with disabilities.

Disability Rights SectionCivil Rights DivisionU.S. Department of JusticeP. O. Box 66738Washington, D.C. 20035-6738

Copies of the legal documents andsettlement agreements mentioned in thispublication can be obtained by writing to:

Freedom of Information/Privacy Act BranchAdministrative Management SectionCivil Rights DivisionU.S. Department of JusticeP.O. Box 65310Washington, D.C. 20035-5310Fax: 202-514-6195

Currently, the FOI/PA Branch maintainsmore than 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 accessto ADA materials on the World Wide Web atwww.usdoj.gov/crt/foia/records.htm. A linkto search or visit this website is provided fromthe ADA Home Page.



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

ADA documents800-669-3362 (voice)800-800-3302 (TTY)

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

www.eeoc.gov

The Federal CommunicationsCommission offers technical assistance to thepublic concerning the communicationprovisions of title IV of the ADA.

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

www.fcc.gov/cib/dro

The U.S. Department of Transportationthrough the Federal Transit Administrationoffers technical assistance concerning thetransportation provisions of title II and title IIIof the ADA.

ADA Assistance Line forinformation or complaints888-446-4511 (voice/relay)

www.fta.dot.gov/office/civ.htm

IV. Other Sources of ADA Information

The U.S. Architectural andTransportation Barriers ComplianceBoard, or Access Board, offers technicalassistance to the public on the ADAAccessibility Guidelines.

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

www.access-board.gov

The Disability Rights Education andDefense Fund ADA Hotline is funded by theDepartment of Justice to provide technicalassistance to the public on all titles of theADA.

ADA technical assistance800-466-4232 (voice & TTY)

www.dredf.org

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 ADA INFORMATION


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 IIby units of State and local government orviolations of title III by publicaccommodations and commercial facilitiesshould be filed with --

Disability Rights SectionCivil Rights Division

U.S. Department of JusticePost Office Box 66738

Washington, D.C. 20035-6738

If you wish the complaint to be resolvedthrough the Department’s ADA MediationProgram, please mark “Attention: Mediation”on the outside of the envelope.

V. 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)202-347-3066 (voice)202-347-7385 (TTY)

www.projectaction.org

The Job Accommodation Network(JAN) is a free telephone consulting servicefunded by the President’s Committee onEmployment of People with Disabilities. Itprovides information and advice to employersand people with disabilities on reasonableaccommodation in the workplace.

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

http://janweb.icdi.wvu.edu/english

HOW TO FILE COMPLAINTS

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