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.”

https://www.c-ville.com/out-of-reach-vets-say-vietnam-memorial-is-inaccessible/

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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

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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

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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

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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

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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

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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

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Justice Department Signs Agreement with Des Moines, Iowa, and Des Moines Public Library to Ensure Civic Access for People with Disabilities

Jun 16 2011

WASHINGTON – An agreement has been reached with the city of Des Moines, Iowa, and the Des Moines Public Library, to improve access to all aspects of civic life for persons with disabilities, the Justice Department today announced. 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 Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “In reaching this agreement, the city of Des Moines and the city’s public library have made an important commitment to residents and visitors with disabilities.”

“I am very pleased that the city of Des Moines and the Department of Justice have reached an amicable agreement in this matter to ensure access to persons with disabilities,” said Nicholas A. Klinefeldt, U.S. Attorney for the Southern District of Iowa.

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 188th under the PCA initiative.

Under the agreement announced today, Des Moines will take 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; adopting a grievance procedure to deal with complaints of disability discrimination relating to city programs, services, activities and facilities; posting, publishing and distributing a notice to inform members of the public of the provisions of Title II and their applicability to the city’s programs, services, and activities; officially recognizing the Iowa telephone relay service as a key means of communicating with individuals who are deaf, are hard-of-hearing, or have speech impairments and training staff in using the relay service for telephone communications; ensuring that the city’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 city’s sidewalks and pedestrian crossings by installing accessible curb ramps throughout Des Moines. Des Moines, incorporated in 1851, is the capital of and the most populous city in the state of Iowa. It is located just south of the center of the state. More than 20 percent of Des Moines residents have a disability and will benefit from this agreement.

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 requires most actions to be completed within three years. For the required accessibility modifications to sidewalks, pedestrian crossings, transportation stops and curb ramps, the city will work with the disability community to prioritize and complete these modifications within seven years. The department will actively monitor compliance with the agreement, which will remain in effect until the department has confirmed that all required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with Des Moines, the PCA initiative or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

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JUSTICE DEPARTMENT REACHES AMERICANS WITH DISABILITIES ACT SETTLEMENT WITH WELLS FARGO

Jun 16 2011

WASHINGTON – The Justice Department announced today a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Wells Fargo & Company to ensure equal access for individuals with disabilities to Wells Fargo’s services nationwide, including its nearly 10,000 retail banking, brokerage and mortgage stores, over 12,000 ATMs, and its telephone and website services.

The agreement resolves numerous ADA complaints filed by individuals who are deaf, are hard of hearing or have speech disabilities who allege that Wells Fargo would not do business with them over the phone using a telecommunications relay service. Instead, the individuals were directed to call a TTY/TDD line that asked them to leave a message, which went unanswered. Wells Fargo started addressing these customers’ concerns before the Justice Department investigation began. Once the department opened an investigation, Wells Fargo worked cooperatively to achieve a comprehensive settlement addressing all ADA issues in its retail banking and financial services.

“Individuals who have disabilities must not be denied equal access to the services offered by financial institutions simply because of their disability. Wells Fargo has shown that it is committed to equal access and effective communication with its customers who have disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is aware that other major financial institutions are refusing to communicate with individuals with disabilities who use relay services to communicate by telephone. These refusals are discrimination, and other financial institutions must follow Wells Fargo’s example and accept relay calls immediately.”

“The U.S. Attorney’s Office is committed to working with the Civil Rights Division to help ensure that businesses in this district fully comply with the ADA,” said Melinda Haag, U.S. Attorney for the Northern District of California, which is where Wells Fargo is headquartered.

Wells Fargo will pay up to $16 million to compensate individuals harmed by certain violations of Title III of the ADA. The department will be administering a claims process to distribute these funds. Individuals who believe they were harmed by Wells Fargo’s failure to comply with ADA requirements may get information about filing a claim by sending an email to wfclaims@usdoj.gov or by calling 1-866-708-1273 (voice) or 1-866-544-5309 (TTY). Information on the claims process is also available on the ADA home page at www.ada.gov.

Wells Fargo will also pay a $55,000 civil penalty to the United States. In addition, Wells Fargo affirms its commitment to advancing the interests of individuals with disabilities by paying a total of $1 million in charitable donations to non-profit organizations that will assist veterans with disabilities resulting from injuries sustained while serving in Iraq or Afghanistan to live independently in the community.

Finally, the agreement requires Wells Fargo to take the following steps to improve access for customers with disabilities:

Remove physical barriers to access, as required, at its retail stores across the nation and remedy all other instances of discrimination under Title III of the ADA that are identified during the claims process.

Provide appropriate auxiliary aids and services, including qualified sign language interpreters, computer-assisted real time transcription, qualified readers and documents in Braille, large print, and other alternate formats to persons with disabilities when necessary to ensure effective communication throughout its financial services and programs.

Adopt and enforce a policy on effective communication with individuals who are deaf, are hard of hearing, are blind or have low vision for all Wells Fargo retail stores and financial services nationwide, post a summary of the policy on its website and distribute the policy to current and new employees and contractors.

Accept calls made through a relay service operator by customers who are deaf, are hard of hearing or have speech disabilities on an equivalent basis to calls from other customers. This includes eliminating special security provisions applied to relay calls and using the same caller verification procedures whether or not a customer uses a relay service.

Maintain staffing of phone lines dedicated to TTYs / TDDs, wherever provided, on a basis equivalent to telephone lines that are not dedicated to TTYs / TDDs.

Ensure that its ATMs and websites are accessible to individuals with disabilities.

Establish a toll-free ADA comment/complaint line so customers with disabilities have an easy avenue for alerting Wells Fargo to concerns about disability-related problems accessing goods, services and facilities.

Hire a full-time national ADA coordinator to coordinate Wells Fargo’s efforts to comply with its responsibilities under the ADA and this agreement, including the investigation of ADA complaints received on its ADA comment/complaint line.

Provide staff training on the ADA and Wells Fargo’s obligations to provide effective communication to individuals with disabilities.

Post and maintain in a conspicuous location in all Wells Fargo banking stores a notice stating that individuals with disabilities have a right under the ADA to request a sign language or oral interpreter or other auxiliary aids or services.

Title III of the ADA prohibits discrimination against individuals with disabilities by businesses that serve the public. Among other things, the ADA requires financial institutions, accountants, lawyers, doctors and other businesses to provide auxiliary aids and services that are necessary for effective communication. For individuals who are deaf or hard of hearing, auxiliary aids include qualified sign language or oral interpreters, use of relay services, computer-assisted real time transcription, and, for simple communications, the exchange of written notes. For individuals who are blind or have low vision, auxiliary aids include qualified readers, assistance in filling out forms and written materials provided in alternate formats, such as Braille, large print, audio recordings or accessible electronic formats such as email or HTML.

Those interested in finding out more about this agreement or businesses’ obligations under the ADA may call the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to ada.complaint@usdoj.gov. For the settlement and fact sheet on this announcement, please visit www.ada.gov/wells_fargo/.

Source: Department of Justice, Office of Public Affairs

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Justice Department Signs Agreement with the Town of Swansea, Massachusetts to Ensure Civic Access For People with Disabilities

Jun 16 2011

WASHINGTON – An agreement has been reached with the town of Swansea, Mass., to improve access to all aspects of civic life for persons with disabilities, the Justice Department today announced. 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 the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “I commend Swansea’s officials for their big commitment to make this small town’s programs and facilities accessible to residents and visitors with disabilities. We hope that other cities and counties throughout the country will follow Swansea’s example by working with us to make their communities fully accessible.”

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 the ADA. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 187th reached under the PCA initiative.

Under the agreement announced today, Swansea 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 town’s programs, services and activities; training town staff in using the Massachusetts Relay Service as a key means of communicating with individuals who are deaf, are hard-of-hearing or have speech impairments; 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 town’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 town’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 the town of Swansea. Swansea was established in 1663 as a colonial site. The historical town is located in Bristol County at the mouth of the Taunton River in southeastern Massachusetts, less than 50 miles from Boston. According to U.S. Census data, Swansea has just under 16,000 residents. Approximately 16 percent of Swansea residents have a disability and will benefit from this agreement.

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 Feb. 15, 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 the town of Swansea, the Project Civic Access initiative or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

More information regarding the agreement is available at www.ada.gov/swansea_pca/swansea_facsht.html .

Source: Department of Justice, Office of Public Affairs

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