I. Enforcement Highlights

• Submit a plan to the Department that will ensure that parks, pools, ice rinks, and arts programs will become more accessible to persons with disabilities by December 2000;

• Train employees on the city’s responsibilities under the ADA; and

• Publicize its new nondiscrimination policies on the city’s web site and in a local newspaper.

North Dakota Town Provides Program Accessibility -- Dickinson, North Dakota entered into an agreement with the Department of Justice to resolve allegations that the Dickinson City Hall was inaccessible to individuals who use wheelchairs. Specifically, the complaint alleged that both the upper and lower levels of the city hall were inaccessible and, therefore, that city activities on these levels, including city commission meetings, municipal court proceedings, voting, and other city hall programs and services, were inaccessible to individuals who use wheelchairs. Until it completed construction of a new city hall, Dickinson agreed to relocate municipal court proceedings to the Stark County Courthouse. The city also relocated city commission meetings and other public meetings to the National Armory Building in Dickinson, which is fully accessible. The city also agreed to provide the services of its administrative offices in the front foyer of the existing city hall and installed an accessible counter there to enable individuals who have mobility impairments to transact business. Finally, Dickinson agreed to train all of its employees on how to respond to requests for accommodations under the ADA.

“Martin can drive his electric scooter around town because of curb cuts. Cassandra can continue to attend junior high due to widened doors and elevators. And no one complains about ‘universal access’ -- it’s the most used entrance for all, be they disabled, elderly, parents with babies in strollers, or John or Jane Q Public.”
-- Wally Itrich, Dickinson resident

City Removes Barriers at Town Buildings, Country Music Museum -- The City of Georgiana, Alabama, agreed to remove architectural barriers at the City Hall, the Police Station, the Magistrate’s Court and Council Chamber, and the Hank Williams, Sr., Museum -- the childhood home of the well-known country music singer-songwriter. The City will install entrance ramps, modify existing rest rooms, and alter sidewalks to provide access to the programs offered at the sites.

Appellate Court Finds Zoning Covered by ADA -- The U.S. Court of Appeals for the Second Circuit ruled in Innovative Health Systems, Inc. (IHS) v. City of White Plains that the ADA covers all the activities of State and local government, including zoning practices. The U.S. Attorney for the Southern District of New York filed an amicus brief supporting plaintiffs’ efforts to stop White Plains,New York, from preventing them from operating an alcohol and drug dependency treatment program in its downtown area. The Court also ruled that Innovative Health Systems, Inc., the organization that operates the treatment center, has standing to challenge the City’s action under the ADA, and that IHS was entitled to a preliminary injunction.

ENFORCING THE ADA -- JULY 26, 2000 • SPECIAL TENTH ANNIVERSARY EDITION 5

ENFORCEMENT HIGHLIGHTS

Oregon State Lottery Commission to Ensure Accessible Outlets -- Oregon agreed to make its State lottery accessible to persons with mobility impairments under a negotiated agreement with the Department. The State will require more than 3,000 retail outlets participating in the lottery program to ensure equal access to their lottery-related services by installing accessibility features, removing barriers through structural modifications, and, in some cases, using alternative methods of providing access to the services. Effective July 1, 1997, all new retailer locations and all locations sold to new owners had to be wheelchair accessible; existing retail outlets had an additional year to make their lotteryrelated facilities accessible. The agreement also created a procedure for dealing with complaints about inaccessible lottery retailers.

New Hampshire Sweepstakes Commission Agrees to Access Plan -- The New Hampshire Sweepstakes Commission signed an agreement with the Department of Justice to ensure program accessibility in the State’s lottery program. The agreement resolved a complaint charging that establishments that sell lottery tickets were inaccessible to persons with mobility impairments. New Hampshire agreed to evaluate the accessibility of lottery sales in the 1300 retail establishments participating in the lottery program, the geographical dispersal of accessible facilities, the ratio of accessible to inaccessible sites in each town and county, and the rate of use of each retailer. It also agreed to develop and implement a plan to ensure that the lottery program as a whole is accessible to people with mobility impairments. Because of the large number of facilities participating in the lottery program, the settlement should substantially increase the overall accessibility of public accommodations and State facilities throughout New Hampshire.

2. Achieving Access to Courts

Utah State Courts Provide Interpreters for Deaf Jurors -- The Utah State Administrative Office of the Courts committed its courts to provide appropriate auxiliary aids and services, including qualified interpreters, when necessary to provide an individual with a disability an opportunity to serve as a juror. The agency agreed to establish a policy on providing interpreters for individuals serving on jury duty, notify the public about the policy, and instruct district court officials to adhere to the policy.

Rejected Blind Juror Receives D.C. Damages Award -- Donald Galloway sued the District of Columbia Superior Court alleging that it violated the law by categorically excluding blind persons from jury service. The federal court agreed, and awarded Galloway $30,000 in damages. The Justice Department argued in support of Galloway that compensatory damages can be obtained under both the ADA and the Rehabilitation Act of 1973.

3. Receiving Fair Treatment in Law Enforcement

Oakland Police Agree to Effective Communication in Arrests, Jails -- The Oakland, California, Police Department agreed to take the necessary steps to ensure that members of the public who are deaf or hard of hearing can communicate effectively with police officers during law enforcement situations ranging from traffic stops to arrests

ENFORCING THE ADA -- JULY 26, 2000 • SPECIAL TENTH ANNIVERSARY EDITION 6

 

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