News
Headlines:

The Pandemic and the ADA

NEW LOCAL PARTNERSHIP TO BEGIN DISBURSING COVID-19 HOUSEHOLD RELIEF FUNDS

Draft Advisory Guidelines for Aircraft Onboard Wheelchairs

Out of reach: Vets say Vietnam memorial is inaccessible

Justice Department Signs Agreement to Ensure Civic Access for People with Disabilities in Maryland

Justice Department Signs Agreement with Van Buren County, Arkansas, to Ensure Civic Access for People with Disabilities

Justice Department Issues Technical Assistance Document on Enforcement of the Supreme Court Decision in Olmstead v. L.C.

Justice Department Moves to Intervene in Texas Case to Enforce the Supreme Court’s Olmstead Decision

JUSTICE DEPARTMENT FILES LAWSUIT AGAINST DISABILITY-BASED HOUSING DISCRIMINATION

Justice Department Announces ADA Settlement with Intercity Bus Company, Megabus

Full Articles:

The Pandemic and the ADA

Jul 23 2020

https://thehill.com/opinion/civil-rights/508221-people-with-disabilities-see-huge-job-losses-will-pandemic-roll-back-ada

NEW LOCAL PARTNERSHIP TO BEGIN DISBURSING COVID-19 HOUSEHOLD RELIEF FUNDS

Mar 27 2020

The CACF is now taking applications to assist persons in the Charlottesville area that have been adversely effected by COVID-91. Please see the link below to find details on the program.

CACF FUNDS

Draft Advisory Guidelines for Aircraft Onboard Wheelchairs

Aug 20 2019

The U.S. Access Board has released for public comment advisory guidelines for wheelchairs used on commercial passenger aircraft during flight. These onboard wheelchairs are provided by air carriers as a means of facilitating the transfer of passengers with disabilities to aircraft lavatories since personal wheelchairs cannot be used in the cabin. The Department of Transportation (DOT) has expressed its intention to supplement its regulations under the Air Carrier Access Act (ACAA) to include performance standards for onboard wheelchairs on covered aircraft. The Board is developing these non-binding guidelines as technical assistance to air carriers and manufacturers of onboard wheelchairs by providing an example of how to meet DOT’s planned performance standards.

https://www.access-board.gov/onboard/onboard-guidelines

Public Hearing on Advisory Guidelines for Aircraft Onboard Wheelchairs  
September 12, 2019, 9:30 – 4:00 (ET)
Remote attendance options will be posted at: www.access-board.gov/onboard
Access Board Conference Center 
1331 F Street, NW, Suite 800
Washington, D.C. 
Note: For the comfort of all participants and to promote a fragrance-free environment, attendees are requested not to use perfume, cologne, or other fragrances.

Out of reach: Vets say Vietnam memorial is inaccessible

Jun 5 2019

Lisa Provence
4/10/19 at 6:45 AM

Charlottesville’s Dogwood Vietnam Memorial, dedicated in 1966, was one of the first memorials to Vietnam veterans in the country. When the John Warner Parkway was built, the memorial was improved and is now visible to those driving by. The problem, say veterans, is getting to it.
In an 18-page letter to City Council, former mayor Tom Vandever, executive director of the Independent Resource Center, says, “We continue to believe the City of Charlottesville is not adhering to federal laws and requirements regarding access to public spaces.”

Parking is foremost among the ways Vandever says the memorial is not compliant with the Americans with Disabilities Act. Veterans wishing to visit the memorial must park at the Charlottesville Albemarle Rescue Squad, and hike nearly a quarter mile, crossing six lanes of traffic at the McIntire interchange and then climbing a 570-foot asphalt ramp, he says.

To skirt ADA requirements, says Vandever, the city designates the ramp a “trail” even though it’s within feet of one of the city’s busiest intersections. “The thing that ticked me off the most was to call that a trail,” he says. “Even if it’s ultimately legal, it galls me the city would take that action rather than serve our citizens.”

Vandever also calls out the lack of signage to direct people to parking. And if they find parking at the rescue squad—or a half mile away at the YMCA—there are no signs explaining how to actually get to the memorial.

As a member of the Dogwood Festival Foundation, Jim Shisler was instrumental in getting the original memorial built and can recall the exact date of the area’s first casualty: “ November 4, 1965, Champ Jackson Lawson.”

Shisler, 85, says access for veterans is “impossible for a lot of them.” If he walks to the memorial from the rescue squad, it takes almost 14 minutes and he has to scale the last 500 feet up a 5 percent grade. “We don’t believe it’s ADA compliant,” he says.

Photographer Jim Carpenter is a vet with five friends who died in Vietnam commemorated at the memorial, who has made the “dangerous” trek to get there. “If ADA gets involved, it’s going to cost the city a lot of money,” he says. “Five cities went up against ADA and they lost.”

“The city believes the trail up to the memorial meets ADA requirements,” says city spokesman Brian Wheeler. He says veterans were involved in the east McIntire Park master plan, but concedes, “They may have been under the impression there would be access through the wading pool park.”

The master plan “did have a paved entrance using the old golf path through the wading pool up until the last presentation,” says Shisler, who notes planning has been going on for more than 20 years. The final park master plan depicts only pedestrian or bike access to the memorial.

The inclusion of the skate park at the site of the wading pool is a relatively new addition. While a parking lot remains there, the gate to it from the U.S. 250 Bypass is closed and skateboarders must walk from a lot near the YMCA across the new pedestrian bridge.

“The reason it’s closed is for safety reasons, because of the on ramp,” says Wheeler. “The dynamics really changed.” The Vietnam memorial and skate park are not the first to lose convenient access as a result of the McIntire interchange. Across the bypass, the Birdwood neighborhood is limited to one exit, despite residents’ concerns about safety and emergency egress.

Skateboarders seem less bothered about the walk to the park. Says David Juer, “I kind of like it you don’t have a lot of cars pulling up.”

Longtime skate park advocate Duane Brown says while it would be nice to be able to park closer, “everybody’s so excited about the skate park itself.”

The city has no plans to provide closer parking to the Vietnam memorial. “It’s a really constrained location bordered by railroad tracks, the bypass and parkway,” says Wheeler. “There’s not an easy or affordable way to build a road.”

The city is committed to installing appropriate signage, he says. And it’s considering having an on-call golf cart or vehicle to transport disabled veterans—at least those who make arrangements in advance.

“That’s like putting a bandaid on Hoover Dam,” says Carpenter, who wonders how a wheelchair will fit on a golf cart.

At the April 1 City Council meeting, interim city manager Mike Murphy listed the “complex and costly” reasons why nearby parking was a no-go, including that the Warner parkway was limited access.

City Council made it limited access, says Shisler, and could reverse that if it chooses. He also disputes Murphy’s statements that vets wanted the site higher and were in on the planning that did not include nearby parking.

“The fact is, there’s no way to get to the memorial for people with mobility issues,” he says.
Veterans are allowed vehicle access three times a year, says Shisler, and they’re expecting 300 people April 26.

“These Vietnam veterans are 70 now,” says Shisler. “It’s a real chore now to get there. We are concerned why the city positions themselves as in compliance when we don’t feel they are.”

Out of reach: Vets say Vietnam memorial is inaccessible

Justice Department Signs Agreement to Ensure Civic Access for People with Disabilities in Maryland

Aug 20 2011

WASHINGTON – The Justice Department today announced an agreement with Montgomery County, Md., and Maryland National Capital Park and Planning Commission (MNCPPC), to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Access to public programs and facilities is a civil right, and individuals with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division . “Montgomery County has made significant progress towards achieving ADA compliance, and this agreement sets out a realistic plan for the county to accomplish its goal. Maryland National Capital Park and Planning Commission officials will be evaluating all of its parks for ADA compliance. I commend county and park officials for working with the Justice Department to provide equal access to all of its programs, services, and activities.”

As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. Based on these surveys, agreements are tailored to address the steps each community must take to improve access. This agreement is the 194th under the PCA initiative.

Under the agreement announced today, Montgomery County and MNCPPC will take important steps to improve access to county programs for individuals with disabilities, such as:

Making physical modifications to facilities surveyed by the department so that parking, routes to buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to persons with disabilities; implementing plans to survey all other county and MNCPPC facilities and programs and to make modifications wherever necessary to achieve full compliance with the ADA;  providing effective communication; ensuring that county programs for victims of domestic violence and abuse are accessible to persons with disabilities; posting, publishing and distributing a notice to inform members of the public of the provisions of Title II and their applicability to the county’s programs, services and activities; administering a grievance procedure for resolving complaints of violations of Title II of the ADA; planning and preparing emergency management procedures to include individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery, and making modifications to ensure equal and integrated access; ensuring that the county’s official website and other web-based services are accessible to people with disabilities; and implementing a comprehensive plan to improve the accessibility of the county’s sidewalks and pedestrian crossings by installing accessible curb ramps throughout Montgomery County.

Montgomery County was founded in 1776. Rolling land and small hills make up most of the county’s 497 square miles, with 15 square miles of water, including rivers, streams, lakes and reservoirs and 28,435 acres of parkland. Montgomery County is now the most populous county in the state of Maryland. According to census data, more than 107,000 Montgomery County residents have a disability. MNCPPC operates more than 53,000 acres of parkland, offering a variety of facilities, recreation and sporting fields. Their facilities include nature centers, conference centers and community centers. Historic sites, recreation buildings and group picnic areas are also found on the parkland.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for six years from Aug. 16, 2011. The department will actively monitor compliance with the agreement until all required actions have been completed.

For more information on the PCA initiative or the ADA Best Practices Tool Kit for State and Local Governments, please visit the ADA website at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY). People interested in finding out more about today’s agreement with Montgomery County and MNCPPC, please visit www.ada.gov/montgomery_co_pca/montgomery_co_sa.htm .

Source: Department of Justice, Office of Public Affairs

Justice Department Signs Agreement with Van Buren County, Arkansas, to Ensure Civic Access for People with Disabilities

Jul 8 2011

WASHINGTON – The Justice Department today announced an agreement with Van Buren County, Ark., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Individuals with disabilities must have access to public facilities, programs, services and activities in order to participate equally in civic life,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “I commend Van Buren County officials for making this commitment to its residents with disabilities by agreeing to come into voluntary compliance with the ADA.”

PCA was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 190th under the PCA initiative. According to census data, more than 28 percent of Van Buren County residents have a disability and will benefit from this agreement.

Under the agreement announced today, Van Buren County, Ark., will take several important steps to improve access for individuals with disabilities, such as:

Making physical modifications to facilities surveyed by the department so that parking, routes into buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities; surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements; posting, publishing and distributing a notice to inform members of the public of the provisions of Title II of the ADA and their applicability to the county’s programs, services and activities; training county staff in using the Arkansas Relay Service as a key means of communicating with individuals who are deaf, are hard-of-hearing or have speech disabilities; undertaking the required planning and modifications to ensure equal, integrated access to emergency management for individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery; ensuring that the county’s official website and other web-based services are accessible to people with disabilities; developing a method for providing information for interested persons with disabilities concerning the existence and location of the county’s accessible services, activities and programs; installing signs at any inaccessible entrance to a facility directing individuals with disabilities to an accessible entrance or to information about accessing programs and services at other accessible facilities; and implementing a comprehensive plan to improve the accessibility of sidewalks, transportation stops and pedestrian crossings by installing accessible curb ramps throughout Van Buren County.
Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for three years from June 28, 2011, or until all actions required by the agreement have been completed, whichever is later. The department will actively monitor compliance with the agreement until all required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with Van Buren County, Ark., the PCA initiative, or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA website at www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY). A copy of the agreement is available at: www.ada.gov/van_buren_pca/van-buren_sa.htm.

Source: Department of Justice, Office of Public Affairs

Justice Department Issues Technical Assistance Document on Enforcement of the Supreme Court Decision in Olmstead v. L.C.

Jun 24 2011

WASHINGTON – The Department of Justice released a new technical assistance document describing public entities’ obligations and individuals’ rights under the integration mandate of title II of the Americans with Disabilities Act (ADA) and the 1999 landmark Supreme Court decision, Olmstead v. L.C. The Olmstead decision held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated. The document also provides questions and answers on a variety of ADA enforcement issues related to Olmstead.

Additionally, in commemorating the 12th anniversary of the Olmstead decision yesterday, the department launched a new section of its ADA website, www.ada.gov/olmstead , providing information and resources about the decision and its enforcement. In addition to the newly created technical assistance document, users can visit the site to find briefs filed by the Department, as well as other materials relevant to this important area of law. The ADA website provides easy access to an extensive collection of ADA technical assistance materials and settlement agreements, as well as information about enforcement, mediation, technical assistance and certification activities and links to other sites with ADA information. The addition of the new Olmstead section of the site will provide critical information to individuals with disabilities, advocates and state and local officials responsible for complying with the ADA’s integration mandate.

“The Olmstead decision recognized the rights of individuals with disabilities to live the lives they choose, but its promise has not yet been fully realized. Far too many people remain segregated in institutions when they would rather be thriving in their communities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to making the promise a reality, and will continue to aggressively enforce Olmstead.”

President Obama has made clear his commitment to Olmstead enforcement, and in 2009 launched “The Year of Community Living,” directing agencies to vigorously enforce Olmstead and the rights of individuals with disabilities. Since that time, the Civil Rights Division has made Olmstead enforcement a top priority, joining or initiating Olmstead litigation in more than 25 cases in 17 states. In 2010, the division reached a landmark settlement agreement with the state of Georgia that will allow thousands of individuals with disabilities to receive services in community settings, and will serve as a model for comprehensive agreements going forward.

For more information about the ADA , including how to file complaints related to Olmstead enforcement, c all the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY), or access the department’s ADA website at www.ada.gov/olmstead. For the full technical assistance document, please visit www.ada.gov/olmstead/q&a_olmstead.htm.

Source: Department of Justice, Office of Public Affairs

Justice Department Moves to Intervene in Texas Case to Enforce the Supreme Court’s Olmstead Decision

Jun 24 2011

Announcement Comes on the 12th Anniversary of the Olmstead Decision
WASHINGTON – The Justice Department today filed papers seeking to intervene in Steward, et al. v. Perry, et al., a case filed on behalf of thousands of Texans with developmental disabilities to enforce their right under the Americans with Disabilities Act (ADA) to receive services provided by the state in the most integrated setting appropriate to their needs.

The proposed complaint by the United States, which must first be approved for filing by the U.S. District Court in San Antonio alleges that Texas unnecessarily segregates individuals with developmental disabilities in nursing homes instead of providing them the opportunity to receive integrated, community-based services. The proposed complaint also alleges that Texas places individuals with developmental disabilities who currently live in the community at risk of unnecessary placement in nursing facilities by failing to provide necessary community-based services in violation of the ADA and Section 504 of the Rehabilitation Act.

“Individuals with disabilities have a right to access appropriate community-based services, and the administration is committed to helping them do so,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “For the Department of Justice, this suit presents an opportunity to turn the promise of the Olmstead decision into a reality for individuals with developmental disabilities confined to nursing facilities in Texas.”

The Justice Department’s filing in Texas comes on the 12th anniversary of the Supreme Court’s decision in Olmstead v. L.C., which held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated. The filing is part of the department’s continuing effort to enforce civil rights laws that require states to ensure that individuals with disabilities are served in the most integrated setting appropriate to meet their needs. The Justice Department has intervened, brought suit, or filed amicus briefs in support of Olmstead enforcement in 17 different states over the past two years.

The ADA protects individuals with disabilities from discrimination by public entities. People interested in finding out more about the ADA can call the Justice Department’s toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website on Olmstead at www.ada.gov/olmstead , where all relevant information can be found.

Source: Department of Justice, Office of Public Affairs

JUSTICE DEPARTMENT FILES LAWSUIT AGAINST DISABILITY-BASED HOUSING DISCRIMINATION

Jun 16 2011

WASHINGTON – The Justice Department today filed a lawsuit against the owners, developers and design professionals involved in the design and construction of nine multi-family housing complexes in Mississippi, Louisiana and Tennessee. The nine complexes comprise more than 2,000 apartments with more than 800 ground-floor units that are required by the Fair Housing Act to contain accessible features. Eight of the complexes contain leasing offices that are required by the Americans with Disabilities Act (ADA) to contain accessible features.

The complaint names The Bryan Company; Bryan Construction Company Inc.; Steve Bryan; Mid-South Houston Partners; Mid-South Development LLC (aka MSD LLC); The Vineyards Apartments LLC; Equity Properties LLC (formerly known as Windsor Lake Apartment LP); Cypress Lake Development LLC; Stephen G. Hill; Pickering Firm Inc. (aka Pickering Inc.); Larry Singleton (dba Singleton Hollomon Architects); H D Lang and Associates Inc.; Richard A. Barron, Architect; Shows Dearman & Waits Inc.; Timothy R. Burge, PA (dba Professional Associates Inc.); Canizaro Cawthon Davis (formerly known as Canizaro Trigiani Architects); Smith Engineering & Surveying Inc. (aka Smith Engineering Firm Inc., aka S.E.C.O. Inc., dba Smith Engineering Co. Inc.); Evans-Graves Engineers; and J.V. Burkes & Associates Inc. as the parties responsible for violating these laws. The complaint also names eleven current owners as necessary parties in whose absence complete relief cannot be afforded.

The suit, filed in the U.S. District Court for the Southern District of Mississippi, alleges that the nine properties are inaccessible to persons with disabilities because they, for example, lack accessible pedestrian routes; lack accessible parking; have steep cross and running slopes; have doors that are not sufficiently wide enough to allow passage by persons in wheelchairs; have insufficient accessible routes into and through the units; have light switches, electrical outlets, thermostats and other environmental controls in inaccessible locations; and/or have kitchens and bathrooms that are inaccessible to persons in wheelchairs. Further, the complaint alleges that the leasing offices are inaccessible to persons with disabilities because, for example, they lack accessible pedestrian approach routes, lack compliant parking spaces, have inaccessible counters, and/or have inaccessible door hardware.

“The Fair Housing Act and the Americans with Disabilities Act include provisions to ensure that persons with disabilities have opportunities to find and live comfortably in multifamily housing across the nation,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “The department will continue its vigorous pursuit of equal housing opportunities for all people, including those with disabilities.”

“The design and construction of multi-family apartment complexes must comply with the Fair Housing laws and the Americans with Disabilities Act,” said John M. Dowdy, U.S. Attorney for the Southern District of Mississippi. “My office remains vigilant in its efforts to eradicate discrimination and to ensure that persons with disabilities have legally accessible accommodations in which to live. We will remain steadfast in making sure that developers, owners, architects and civil engineers design and develop apartments and other buildings which comply with these laws.”

The suit seeks a court order declaring that the defendants’ actions violate the Fair Housing Act and the ADA, prohibiting the defendants from engaging in future discrimination in the design and construction of multi-family housing; requiring the defendants to bring the covered multi-family dwellings, and public and common use areas into compliance with fair housing laws; and awarding monetary damages to persons harmed by the defendants’ discriminatory housing practices.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Title III of the ADA requires, among other things, that public accommodations comply with specific requirements related to architectural standards to ensure accessible public and common use areas. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

Source: The Department of Justice, Office of Public Affairs

Justice Department Announces ADA Settlement with Intercity Bus Company, Megabus

Jun 16 2011

WASHINGTON – The Justice Department today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with intercity bus service providers Megabus USA L.L.C., and Megabus Northeast L.L.C., which are located in Chicago and Elizabeth, N.J., respectively. The Justice Department initiated its investigation of Megabus as part of its ongoing review of the private transportation industry. In particular, the department has been investigating accessibility of private transportation operations for individuals with disabilities.

Under the terms of the settlement agreement, Megabus will ensure that all of the vehicles in its intercity service are fully accessible to individuals with disabilities, including individuals who use wheelchairs or other mobility aids. Megabus will also alter its online reservation services so that passengers with disabilities are able to access schedule information and make reservations in the same manner and using the same reservation system as other passengers. Megabus will pay a $55,000 civil penalty to the United States, and $12,500 in damages to a complainant who was not permitted to use the ramp on a passenger bus, and who was forced to transfer out of his wheelchair rather than be secured in the wheelchair, as required by federal regulations, during his trip from New York, to Baltimore. The United States credits Megabus for their cooperation throughout the investigation and their willingness to address the deficiencies identified.

“Commercial passenger buses are an affordable and growing sector of the transportation industry, and making sure that they are fully accessible to individuals with disabilities is a necessary part of integrating individuals with disabilities into all aspects of American life,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is committed to vigorously enforcing the transportation requirements of the ADA.”

Title III of the ADA prohibits specified private transportation providers like Megabus from excluding persons with disabilities, including persons with mobility impairments, from full and equal enjoyment of the services provided. Anyone interested in learning more about federal disability rights statutes can call the Justice Department’s toll-free ADA information line at 800-514-0301, 800-514-0383 (TTY), or access the ADA website at www.ada.gov .

Source: Department of Justice, Department of Public Affairs