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Enforcing the ADA

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Table of Contents

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

Participating in Everyday Civic Life ........................................... 4

1. Affirming the Right to Citizen Participation ................................... 4

2. Achieving Access to Courts .........................................................6

3. Receiving Fair Treatment in Law Enforcement ............................. 6

Opening Up Jobs for Persons with Disabilities ........................... 8

1. Ensuring Equal Employment Opportunity ...................................... 8

2. Opening Gateways to Opportunity ............................................... 9

3. Providing Freedom from Unnecessary Inquiries into Disability ........ 13

Enjoying the American Way of Life .......................................... 13

1. Becoming Part of the Economic Mainstream ................................ 13

2. Increasing Access to Recreational Activities ................................. 16

3. Removing Obstacles to Business and Leisure Travel ..................... 20

Ensuring an Accessible Future .................................................. 24

1. Establishing Architect Liability ..................................................... 24

2. Making Newly Constructed Buildings Accessible ............................ 24

Gaining Equal Access to Health.................................................. 26

1. Receiving Emergency Services .................................................... 26

2. Securing Access to Health Care................................................... 27

3. Being Free from Unnecessary Institutionalization .......................... 30

Enjoying Equal Access to ChildCare........................................... 30

Protecting the ADA and Making it Work ................................... 33

1. Defending the ADA’s Constitutionality .......................................... 33

2. 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

I. Enforcement Highlights

A. Participating in Everyday Civic Life

The ADA protects the right of people with disabilities to have equal access to the basic institutions of State and local government. The Department has sought to eliminate physical, communication, and policy barriers in law enforcement, town halls, jails, courtrooms, and legislative chambers.

1. Affirming the Right to Citizen Participation

Wisconsin City Makes City Hall Accessible -- In resolving a complaint by a Waukesha City alderman who uses a wheelchair, the City agreed to make its city hall accessible. It agreed to hold its closed deliberations in the accessible room in which it holds general meetings, renovate the first floor bathrooms, install automatic door openers at the building’s entrance, and provide a van accessible parking space.

Small Montana Town Provides Access to Civic Functions -- Manhattan, Montana, agreed to make its town programs accessible by making a few renovations and taking alternative nonstructural measures. It agreed to install a ramp at the town hall entrance, make the route to the entrance accessible, create one van-accessible parking space, and make the water fountain and bathroom on the first floor accessible. Also, town council meetings would be moved to the first floor when necessary.

Public Address System Boosts Communication -- A small New York community agreed to purchase a public address system to resolve a complaint from a hard of hearing citizen who wanted to listen to town board meetings.

Toledo To Be More Accessible to People with Disabilities --Toledo, Ohio, agreed to make significant changes to its policies and facilities to provide greater access for persons with disabilities. The agreement resolves allegations that Toledo violated title II by failing to take the steps necessary to ensure that its programs are accessible to persons with disabilities. The city agreed to --

• Modify its facilities to ensure access to city programs, including the municipal courthouse, district and neighborhood police stations, a market-outlet complex, fire stations, parking garages, museums, community and social service centers, the health department, and other city administrative buildings. Modifications include providing accessible parking and accessible restroom facilities, installing ramps, widening doors, providing accessible public telephones, and lowering information counters;

• Adopt policies and procedures to improve accessibility at city programs, which could
include moving programs to accessible locations, if necessary;

• Take steps to ensure that effective communication is available to persons with disabilities, including those with hearing, speech, and vision impairments, at city activities such as court proceedings and public meetings;

ENFORCING THE ADA -- JULY 26, 2000 • SPECIAL TENTH ANNIVERSARY EDITION 4

 

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