
From 74444.1076@COMPUSERVE.COM Thu Aug 29 13:33:59 1996
Date: Thu, 29 Aug 1996 13:33:33 EDT
From: Jamal Mazrui <74444.1076@COMPUSERVE.COM>
Reply-To: "EASI: Equal Access to Software and Information"
     <EASI@SJUVM.STJOHNS.EDU>
To: Multiple recipients of list EASI <EASI@SJUVM.STJOHNS.EDU>
Subject: Implementing the ADA rpt

I'm posting the latest report by the U.S. Department of Justice
about its enforcement and educational activities to implement the
Americans with Disabilities Act.  It includes the most
comprehensive list of ADA technical assistance publications I've
seen, which were sent to 15,000 libraries around the country.

Jamal Mazrui
National Council on Disability
Email: 74444.1076@compuserve.com

----------

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Enforcing the ADA

A Status Report from the Department of Justice

(October 1995 - March 1996)

     This Status Report covers the ADA activities of the
Department of Justice during the fourth quarter (October to
December) of 1995  and the first quarter (January to March) of
1996. Copies of this report and earlier reports, including the
July 26, 1995, Special Fifth Anniversary Status Report, are
available through our ADA Information Line (see page 18).

1996, Issue 1

The Americans with Disabilities Act (ADA) is a comprehensive
civil rights law for people with disabilities.  The Department of
Justice enforces the ADA's requirements in three areas -

Title I:  Employment practices by units of State and local
government

Title II:  Programs, services, and activities of State and local
government

Title III:  Public accommodations and commercial facilities


I. Enforcement

     Through lawsuits and both formal and informal settlement
agreements, the Department has achieved greater access for
individuals with disabilities in over 500 cases.  Under general
rules governing lawsuits brought by the Federal Government, the
Department of Justice may not file a lawsuit unless it has first
unsuccessfully attempted to settle the dispute through
negotiations.

     A.   Litigation

     The Department may file lawsuits in Federal court to enforce
the ADA and may obtain court orders including compensatory
damages and back pay to remedy discrimination.  Under title III
the Department may also obtain civil penalties of up to $50,000
for the first violation and $100,000 for any subsequent
violation.

          1.  Decisions

Court Finds HIV Discrimination By Dentist -- A Federal district
court in Maine ruled in Abbott v. Bragdon that a Bangor dentist
violated the ADA by refusing to provide rotine dental care to a
patient because of her HIV-positive status.  In its opinion
granting summary judgment to the patient, the court held that
people with HIV are individuals with disabilities under the ADA
and that routine dental care can be provided to them without
posing a direct threat to health or safety.  The court also held
that title III of the ADA is constitutional.  The United States
intervened in this action to defend the constitutionality of the
ADA and also participated as amicus on the issue of
discrimination.

Appeals Court Allows Suit Against State Judge -- The United
States Court of Appeals for the Fourth Circuit ruled in
Livingston v. Guice that a State court judge does not enjoy
absolute judicial immunity from a title II accessibility suit.
The suit, brought by a person who uses a wheelchair, charged that
the State of North Carolina and a State court judge violated
title II by preventing the individual from entering a courtroom
through the only accessible entrance known to her.  The U.S.
District Court for the Western District of North Carolina
dismissed the case on the grounds of judicial immunity.  On
appeal, the Fourth Circuit agreed with the Department's amicus
brief and ruled that the judge was not immune from suit for
injunctive relief and that the State was not immune from a claim
for monetary damages.  After the Fourth Circuit ruling, the
parties agreed to a settlement in which the complainant received
a damages award from the State, and the court removed physical
barriers and updated its self-evaluation and transition plans.

          2.  New lawsuits

     The Department initiated or intervened in the following
lawsuits.

Title I

United States v. Louisiana Department of Public Safety and
Corrections --  The Department filed suit against the Louisiana
Department of Public Safety and Corrections for failing to rehire
a corrections sergeant who lost his sight in one eye following an
on-the-job assault by an inmate.  The employee requested the
reasonable accommodation of protective head gear to guard against
the possibility of a second assault, which could damage the sight
in his other eye.  As a former State employee, the complainant
was entitled under Louisiana Civil Service rules to
noncompetitive reinstatement to his old position; nonetheless,
the Department of Corrections refused to make the reasonable
accommodation available and rejected him for the position.

United States v. City and County of Denver, Colorado -- The
Department filed suit against the City and County of Denver,
Colorado, challenging the police department's policy barring the
reassignment or transfer of police officers who become disabled
to other positions for which they are qualified within the
Department - or elsewhere within the city and county government.
This suit
stems from a complaint filed by a police officer who was injured
in the line of duty.  He sought reassignment to nonpatrol officer
positions as a reasonable accommodation.  The police department
denied his request and required him to retire on disability.
Along with the complaint, the Department has filed an amicus
brief opposing Denver's motion for summary judgment in a private
lawsuit raising the same issues.

Lancaster v. City of Mobile, Alabama -- The Department has
intervened in an employment suit against the City of Mobile,
Alabama, for the purpose of defending the constitutionality of
title I.  The plaintiff, who has a severe learning disability and
cannot read beyond a second-grade level, applied for a position
as a body/paint mechanic with the City of Mobile.  He alleges
that the City of Mobile violated title I when it refused to allow
him to take a written examination orally.  The Department moved
to intervene after the Federal district court judge asked the
parties to file briefs on the constitutionality of title I.

Title II

United States v. Commonwealth of Virginia -- The Department filed
two lawsuits against the Commonwealth of Virginia alleging that
conditions at certain tate institutions fail to comply with the
Constitution and Federal law, including title II of the ADA.  The
institutions involved are the Northern Virginia Training Center,
a facility for persons with mental retardation; the Eastern State
Hospital, a facility for persons with mental illness; and the
Hancock Geriatric Center, a geriatric nursing home on the grounds
of the Eastern State Hospital.  The Department claims that
Virginia is violating title II by failing to establish a process
in which an individualized, professional determination is made as
to what type of setting, among the range of institutional and
community-based options available, is most appropriate for the
needs of each resident.

Title III

United States v. Days Inns -- The Department sued the franchisors
of Days Inns, as well as the owners, architects, and contractors
of five Days Inn hotels across the country for violations of the
new construction requirements of title III.   Because of these
violations, people with disabilities are not provided a choice of
sleeping accommodations equivalent to those provided to other
guests.  These are the first complaints to be filed by the
Department in Federal court alleging a failure to "design and
construct" new buildings that are accessible to persons with
disabilities.  They are also the first to assert the liability of
architects involved in the design and construction process.
     The five suits - involving Days Inn hotels in Willows,
California; Wall, South Dakota; Champaign, Illinois; Evansville,
Indiana; and, Hazard, Kentucky - allege that the defendants
failed to comply with the ADA Standards for Accessible Design.
Violations include, for example, failure to provide accessible
parking, access
to public areas including rest rooms, accessible paths of travel
to and from public areas and guest rooms, and accessible guest
rooms.  Other violations include inadequate  visual alarms and
the lack of Braille and raised characters on room signage.
     The five ADA enforcement actions followed an 18-month
investigation of Days Inn hotels.  The only parties sued by the
Department were those who refused to respond to our request for
proposals to correct violations.  Letters to the responsible
parties from the Department carefully detailed specific ADA
violations and requested settlement proposals before the
complaints were filed.  In a separate action, the franchisors
have sued the Department in the Western District of Texas seeking
a declaratory judgment that the ADA does not apply to
franchisors.

United States v. Bekins Van Lines Co. --  The Department filed
suit against Bekins for refusing to provide moving services to
two persons moving from Philadelphia to Scottsdale, Arizona,
because of their relationship with an individual who has AIDS.
When the moving van arrived at the house in Philadelphia to load
the belongings of one of the customers, the moving crew refused
to do the work because a friend and next-door neighbor who had
AIDS was present.  The lawsuit alleges that Bekins' refusal to
provide moving services violates the ADA's prohibition of
discrimination against persons because of their known
relationship or association with people with disabilities.

U.S. Attorney Prosecutes Eight for ADA Fraud -- A Federal court
in the Middle District of Florida has returned indictments
against eight persons on charges of conspiracy to commit mail
fraud and money laundering involving a multi-million dollar
telemarketing scheme to sell $10,000 franchises for starting ADA
inspection businesses.  The businesses were to sell various
chemical floor treatment products which they claimed were
necessaryto meet ADA standards for slip resistance. If convicted,
the defendants each face up to 25 years in prison, $500,000
fines, and forfeiture of seized assets including over $5 million
frozen in accounts in the Cayman islands.

          3.   Consent decrees

     Some litigation is resolved at the time the suit is filed or
afterwards by means of a negotiated consent decree.  Consent
decrees are monitored and enforced by the Federal court in which
they are entered.

Title III

United States v. James Moyes (d.b.a. Bear Lake Tavern), Michigan
-- The Department settled by consent decree its lawsuit against
the owner of the Bear Lake Tavern, a restaurant and local
landmark in Muskegon, Michigan.  Among other things, the consent
decree requires the owner to convert one of the restaurant's two
inaccessible toilet rooms into an accessible unisex toilet room,
and to provide damages for individuals with disabilities
identified
by the United States.  The lawsuit arose from a complaint filed
with the Department alleging that the owner had violated title
III of the ADA by failing to take readily achievable steps to
remove barriers to the restrooms and other interior elements.

          4.   Amicus Briefs

     The Department files briefs in selected ADA cases in which
it is not a party in order to guide courts in interpreting the
ADA.

Title I

Bridges v. Bossier City, Louisiana -- The Department filed an
amicus brief in the U.S. Court of Appeals for the Fifth Circuit
supporting the argument that an individual who was refused
employment as a firefighter because he had a mild form of
hemophilia was "regarded as" having a disability and therefore
protected by the ADA.  Although the district court found that the
city failed to hire Mr. Bridges because it erroneously believed
that his condition precluded him from safely working as a
firefighter, the court held that the city only regarded Mr.
Bridges as unable to perform the narrow range of jobs involving
routine exposure to extreme trauma and that, therefore, it did
not regard him as substantially limited in his ability to work.
In its brief the Department argued that the city regarded Mr.
Bridges as unable to perform the entire class of firefighting
jobs and therefore that the city regarded Mr. Bridges as
substantially limited in his ability to work.

Title II

Ferguson v. City of Phoenix; Tucker v. City of Phoenix --  The
Department filed an amicus brief in these consolidated cases
challenging the adequacy of Phoenix's 9-1-1 system for TDD users.
The brief argues that the Phoenix system failed to provide direct
and effective access for TDD users in violation of title II,
because the system is designed to respond to TDD calls only when
electronic tones are transmitted from the caller's TDD.  Not all
TDD's have the capacity to emit tones, and TDD users ordinarily
would not press keys to emit the tones at the point when the
Phoenix system requires them.  The plaintiffs' experiences showed
that, even when TDD tones were transmitted, the Phoenix 9-1-1
system either failed to recognize the calls as coming from TDD's
or otherwise responded inappropriately.

Gorman v. Bishop -- The Department filed an amicus brief arguing
that title II of the ADA covers arrests and related activities,
including the transportation of arrestees.  Earlier the
Department had intervened in this case to defend the
constitutionaity of title II of the ADA.  The plaintiff, an
individual with a disability who uses a wheelchair, sued the
Chief of Police of the Kansas City, Missouri Police Department
(KCMOPD), several members of the KCMOPD's Board of Commissioners,
and a police officer, for injuries he allegedly sustained during
his arrest and subsequent
transportation to police headquarters in May 1992.  The plaintiff
claimed that his injuries resulted from failures by the
defendants to implement the requirements of both title II of the
ADA and section 504 of the Rehabilitation Act.  In denying the
defendants' motion to dismiss, the court upheld the
constitutionality of title II.

Title III

Day v. Republic Foods --  The Department filed an amicus brief
supporting a suit against Burger King for failing to remove
architectural barriers in existing restaurants and for violating
the ADA Standards for Accessible Design in new construction.
Burger King Corporation asserts that, as a franchisor, it had no
responsibility for whether franchisees were complying with the
ADA's barrier removal or new construction requirements.  The
Department's brief argues that a franchisor is liable for new
construction violations by franchisees when it exercises control
over the design or construction of the new facilities built by
the franchisees.  The brief also argues that franchisors are
liable as public accommodations for new construction and barrier
removal violations when the franchise agreement gives the
franchisor so much control over the operations of a franchisee
that the franchisor can be viewed as "operating" the franchisee's
restaurant.

Ozga v. Modern Dental Concepts --  The Department filed an amicus
brief in the U.S. Court of Appeals for the Third Circuit arguing
that title III of the ADA does not require a private individual
to exhaust state administrative procedures prior to filing a
lawsuit in Federal court.

     B.  Formal Settlement Agreements

     The Department sometimes resolves cases without filing a
lawsuit by means of formal written settlement agreements.

Title I

City of Calumet, Illinois -- The Department entered into a
settlement agreement resolving allegations of employment
discrimination by two firefighter applicants who, after being
ranked first and third on the City of Calumet's firefighter
eligibility list, were each given unlawful pre-employment medical
examinations and denied employment because of disability.  Under
the agreement an individual who was denied employment because he
was regarded as having mild obstructive lung disease received an
offer of employment as a firefighter, retroactive pension
membership, and $19,000 in compensatory damages.  Another
applicant who was denied employment because he was regarded as
having spina bifida occulta and spondylolysis received $17,000 in
compensatory damages.  The Department did not seek job offer
relief for the second applicant, because he was working as a
firefighter elsewhere for two years and no longer sought
employment with the City of
Calumet.  In addition, the City agreed that it will ask
firefighter applicants only about their ability to do the job in
question and not to inquire, on application forms or otherwise,
whether an applicant is an individual with a disability; it will
require medical examinations of firefighter applicants only after
a conditional offer of employment has been extended; and to the
extent that the City requires its firefighter applicants to
undergo medical examinations after such individuals have been
given a bona fide conditional offer of employment, it will use
the results of such medical examinations in a manner that is
job-related and consistent with business necessity in conformity
with title I of the ADA.

Chicago Board of Education, Illinois -- The Department entered
into a settlement with the Chicago Board of Education resolving a
reasonable accommodation charge involving a teacher with
arthritis.  The teacher, a thirty-year veteran, was assigned
during the 1993-94 school year to teach in athird-floor
classroom.  His duties required him to escort his class up and
down three flights of stairs to activities (lunch, gym and
library) in the basement of the building.  The complainant asked
to have his class relocated to the first or second floor as an
accommodation because of his arthritis.  After his requests for
accommodation were denied by the Board, he went on sick leave. In
April 1994, after nearly exhausting his leave and, in order to
preserve his eligibility for retirement benefits, he resigned.
Under the settlement agreement, the complainant received $20,600
from the Board for monetary losses.  The agreement did not
provide for reinstatement because the teacher did not wish to
return to his former position.

Title II

Arlington County, Virginia -- The Department reached a settlement
agreement with the Arlington County Police Department resolving a
complaint by an individual who allegedly was denied a temporary
clerical job because she has epilepsy.  According to the
complainant, the police department, through a temporary
employment agency, extended to her a verbal offer of employment.
At that time, she was advised that she would begin temporary
employment with the police department and that she would be
required to take a polygraph examination.  The temporary agency,
on behalf of the County, inquired whether she regularly took any
medication that could affect the polygraph test.  She advised the
County through the temporary agency that she took dilantin and
phenobarbital for her epilepsy.  Later that day, the complainant
was advised by the temporary agency that the police department
had withdrawn its offer of employment.  When she asked the
temporary agency why the offer was withdrawn, she was advised
that the police department was concerned that due to her
medications the polygraph examination may create stress for her.
Under the settlement agreement, the complainant was offered a job
similar to the one she alleges she was denied (a four-week,
temporary, full-time secretarial position) contingent upon
signing a waiver and passing the County's required polygraph
examination.  The agreement also provided for $2500 in
monetary damages and required the police department to continue
efforts to educate its employees about the ADA.

California Agreement to Improve Statewide 9-1-1 Access -- The
California Department of General Services has agreed to reimburse
475 local 9-1-1 centers for their purchase of TDD equipment and
related services in order to ensure direct local access to 9-1-1
services throughout the State of California.  The existing
statewide TDD translation service relied upon until now by many
local 9-1-1 centers, which inappropriately handled 9-1-1 calls,
will be discontinued in July 1997.  The Department of General
Services collects 9-1-1 surcharges from phone customers and is
one of only a few states that provides statewide funding for
local 9-1-1 equipment.  Under its agreement with the Department
of Justice, the Department of General Services also instructed
each of the centers on how to ensure that people using TDD's have
effective access to emergency services.

Auxiliary Aids and Services  -- The Department reached separate
agreements with police departments in Montgomery County,
Maryland, Glendale, Arizona, Roswell, New Mexico, and Rochester,
New York, requiring them to develop policies and procedures to
ensure that appropriate auxiliary aids nd services are provided
in their interactions with individuals who have hearing
impairments.  The departments agreed to establish procedures to
ensure that deaf individuals who use sign language would have
interpreters in circumstances where interpreters are necessary
for effective communication -- for example, when criminal
suspects are being advised of their constitutional rights or
being questioned by police.  The police departments agreed to
train police officers on the appropriate use of interpreter
services and to ensure that interpreters are sufficiently
qualified.

     The Department also reached two other agreements with
sheriff's departments in Saginaw, Michigan, and Lackawanna,
Pennsylvania, that provide for jail inmates and visitors with
hearing or speech impairments to have access to TDD's under the
same circumstances as telephone services are made available to
nondisabled inmates and visitors.

East Providence, Rhode Island -- East Providence has agreed to
renovate its municipal stadium, Pierce Field, to make it readily
accessible to and usable by persons with disabilities.  It will
install thirty accessible seating locations and thirty companion
seats; provide an accessible route to the accessible seating
locations; install proper signage marking the accessible route;
modify each of the stadium's restrooms to provide an accessible
lavatory, water closet, paper towel dispenser, and mirror; and
install proper signage at the restroom entrances.

Title III

Sunshine Child Center, Gillette, Wisconsin -- The Department
entered into a settlement agreement resolving a complaint filed
by
the mother of a child with cerebral palsy against the Sunshine
Child Center.  The complainant alleged that the center refused to
put on and remove leg braces that her daughter needed in order to
walk.  The complaint also stated that the center, which provides
separate services to children three years old and younger and
children of ages four through 12, intended to keep the child with
the younger group of children even after her fourth birthday,
because, due to her disability, she required diaper changing at a
later age than other children at the center.  The settlement
agreement requires the Sunshine Child Center to offer to readmit
the girl, who was removed by her mother following the center's
alleged discrimination.  It also requires the center to put on
and remove the child's leg braces, if necessary, and to provide
the same service to other children with the same need for
assistance.  In addition, the center agreed to provide diaper
changing to children who require the service more frequently
and/or at a later age than other children due to disabilities,
without segregating them from children in their age group;  to
publish a policy of nondiscrimination on the basis of disability
at the center and in printed advertisements of its services; to
remove certain barriers to access discovered during the
Department's investigation; and to ensure that a
newly-constructed facility that will house the center as of June
1997 will comply fully with the ADA Standards for Accessible
Design.

Avis, Inc., Garden City, New York -- The country's second largest
rental car company, Avis, agreed to a supplemental settlement
agreement involving hand controls and rental policies.  After
entering the original September 1994 agreement in which Avis
agreed to provide hand controls and other accommodations for
people with disabilities, the Department continued to receive
complaints that Avis was not implementing the agreed-upon
policies.  One such complaint came from an individual with a
visual impairment who, even though accompanied by a licensed
driver, was refused a rental car unless she showed documentation
of her disability.
     Under the new agreement, Avis affirmed its policy that
people with disabilities who do not drive can be the financially
responsible party for ca rentals when they are accompanied by
licensed drivers and that they do not have to provide
documentation of their disability.  Avis has agreed to extensive
training for employees and will design a system to track
reservations made by people with disabilities at its worldwide
reservations center in Tulsa, Oklahoma.  In addition, Avis will
appoint a disability services coordinator to help ensure
implementation of the policies.  Avis also agreed to pay damages
to the complainant and the accompanying driver in the amounts of
$7,000 and $3,500, respectively.  Finally, Avis will provide hand
controls for convertibles in addition to the classes of cars that
were explicitly included in the earlier settlement agreement.
The hand control units for convertibles will be allocated among
locations in Boston, Phoenix, Miami, San Francisco, and Honolulu,
and will be available to be shipped to other locations as
necessary.

Blue Velvet Theater, Branson, Missouri -- The Department entered
into a settlement agreement with the Blue Velvet Theater, a newly
constructed theater in Branson, Missouri, to resolve a complaint
involving inaccessible parking.  Branson's country music theaters
attract more than 5.8 million tourists each year.  An individual
with multiple sclerosis alleged that on a visit to the theater he
was told by theater employees that he could not park in the
parking spaces designated for persons with disabilities because
they were being used to park tour buses.  The complainant was
forced to park in the nonaccessible parking spaces and walk up a
steep hill to enter the theater.  The investigation also found
that the accessible parking spaces had slopes that do not comply
with the Standards for Accessible Design, and that there were no
van accessible spaces designated.  The theater agreed to bring
the accessible spaces into compliance and to ensure that these
spaces are reserved for persons with disabilities at all times.
The theater also agreed to pay damages of $1,000 to the
complainant and civil penalties of $1,000.

Majestic Theater, New York, New York -- The Shubert Organization
agreed to improve accessibility at the landmark Majestic Theater
by installing a unisex wheelchair accessible restroom on the
lobby level and four wheelchair accessible seats in the
orchestra.

Fisher Funeral Home, Portsmouth, Virginia -- The Department
settled a complaint against the Fisher Funeral Home in
Portsmouth, Virginia, in which the complainant alleged that her
family was charged an additional $300 to embalm the remains of
her brother because he had died from AIDS-related complications.
A subsequent investigation by the Department determined that
during a 16-month period, between July 1992 and November 1993,
the Fisher Funeral Home required eight other families to pay an
additional charge for embalming services for individuals who died
from AIDS-related complications.  As part of the agreement, the
funeral home agreed to adopt and post a written policy
prohibiting discrimination on the basis of disability, including
HIV and AIDS; pay damages totaling $6,300, $1,500 to one family
and $600 to each of the other eight families; and provide
training for funeral home employees concerning universal
precautions and Occupational Safety and Health Administration
(OSHA) requirements.

Preferred Motor Inn, Limon, Colorado -- A couple refused
accommodations because of the presence of their hearing
assistance dog each received $250 in damages under a settlement
agreement between the Department and the former owners of
Preferred Motor Inn in Limon, Colorado.  The former owners also
agreed that, should they own or operate another inn, hotel,
motel, or other place of public accommodation in the future, they
will develop and post a written policy statement indicating that
persons with disabilities accompanied by service animals are
welcome; allow service animals into the public accommodation
without requiring proof of the animal's certification; and train
staff to ensure that persons with service animals are treated in
a nondiscriminatory manner and afforded the same service and
courtesy as that afforded any customer.  The complaint arose when
the couple attempted to get a
room for the night but were told by one of the owners hat no
"pets" were allowed.  The owners made no exceptions for service
animals.

American Red Cross, San Francisco, California -- The Department
settled a complaint against the San Francisco Bay Area Red Cross
by a deaf individual who was unable to take a first aid and CPR
course, because the Red Cross denied her request for a sign
language interpreter.  Under the settlement, the Red Cross agreed
to provide auxiliary aids and services, such as sign language
interpreters, when necessary for individuals who are deaf or hard
of hearing; consult promptly with individuals with disabilities
regarding their requests and needs; offer the complainant a free
course with an interpreter present; and, distribute pamphlets,
posters and other information to the public concerning the new
policy.

II. Mediation

     Through the Department's technical assistance grants, the
Community Board Program and the Key Bridge Foundation for
Education and Research have provided ADA training for
approximately 200 mediators in 27 States.  The Department has
referred over 100 disputes under titles II and III to the
mediators participating in these grant programs.  Following are
examples of the results achieved through mediation.

     A New Jersey medical center that had allegedly failed to
provide a qualified sign language interpreter for a deaf
individual seeking dietary and nutritional counseling agreed to
train all managers on how to respond appropriately to future
requests for interpreters, contact the State Hospital Association
to collect instructional materials on accommodations for people
with hearing impairments, reimburse the complainant for the fee
paid for the initial counseling session, and provide the
complainant a free individual counseling session.

     The owner of a commercial building in New York agreed to
install appropriate braille signage complying with the ADA in all
passenger and freight elevators.

     A sports arena in California agreed to change its ticketing
policy to make tickets for wheelchair-accessible seats available
for all events through box office and telephone sales without the
necessity of providing a "plaque" as proof of disability, allow
companions to accompany individuals who use wheelchairs, and
allow exchanges of inaccessible seats for accessible seats for
individuals who use wheelchairs.  The arena announced the changes
in a press release.

     A dentist in California has installed an accessible parking
space that, upon inspection, satisfied the complainant.

     A computer data company in California agreed to modify its
training presentation format to ensure effective communication
with an individual who lip reads.

     A restaurant in Texas agreed to provide directional signage
at an inaccessible restroom to indicate the location of the
accessible restroom, write a letter of apology, and provide
$2,000 in compensation to the complainant.

     A professional office building in Washington, DC will add a
second unisex restroom, provide tactile signage at exit stair
doors, provide audible directional notifications at elevators,
and remove wall ash receptacles on a specified time schedule.

     A medical building in California will remodel its restrooms
within 90 days to comply with the ADA Standards.

     A country club in Florida will remodel its facilities to
provide accessible restrooms, train personnel about the ADA, and
pay the complainants $1000.

     Want to Resolve Your ADA Complaint?  Consider Mediation --
As part of its responsibilities under the Department's mediation
grant, the Key Bridge Foundation for Education and Research has
produced a brochure entitled:  Want to Resolve Your ADA
Complaint?  Consider Mediation.  The brochure explains what
mediation is, its advantages and disadvantages, how the process
works, and how to find a qualified mediator.  The brochure is
currently available from the ADA Information Line by calling
(800)514-0301(voice) or (800)514-0383 (TDD) and talking wth an
ADA Specialist.

III.  Certification of State and Local Building Codes

     The ADA requires that newly constructed or altered
facilities comply with the ADA Standards for Accessible Design
(Standards). The Justice Department is authorized to certify
building codes that meet or exceed the ADA's standards.  In
litigation, an entity that complies with a certified code can
offer that compliance as rebuttable evidence of compliance with
the ADA.

     In implementing its authority to certify codes, the
Department works closely with State and local officials,
providing extensive technical assistance to enable them to make
their codes equivalent to the ADA.  In addition, the Department
responds to requests for review of model codes and provides
informal guidance to assist private entities that develop model
accessibility standards to make those standards equivalent to the
ADA.

     During the past six months, the Department has sent interim
responses to the certification requests of the States of Florida
and New Mexico.  In addition, the Department informally reviewed
a model accessibility code submitted by the Council of American
Building Officials (CABO) and the accessibility code submitted by
the State of California.

     Codes from seven other jurisdictions are currently
undergoing certification review by the Department -- Utah, Texas,
Maine, Minnesota, New Jersey, the Village of Oak Park, Illinois,
and the County of Hawaii.  In addition, the Department is
currently reviewing a model code submitted by the Building
Officials and Code Administrators International (BOCA).

IV. Technical Assistance

     The ADA requires the Department of Justice to provide
technical assistance to entities and individuals with rights and
responsibilities under the law.  The Department encourages
voluntary compliance by providing education and technical
assistance to businesses, governments, and members of the general
public through a variety of means.  Our activities include
providing direct technical assistance and guidance to the public
through our ADA Information Line, developing and disseminating
technical assistance materials to the public, undertaking
outreach initiatives, operating an ADA technical assistance grant
program, and coordinating ADA technical assistance
government-wide.

New Brochure on HIV Available

     On World AIDS Day, December 1, 1995, the Department
published a booklet entitled "Americans with Disabilities Act:
Questions and Answers for Persons who are HIV-Positive or Living
with AIDS."  The booklet was sent to approximately 5,000 AIDS
service providers and is available through the ADA Information
Line.

Library Project Expands ADA Information Files

      The Department of Justice, under its grant to the Kansas
State Library and the Chief Officers of State Libraries Agencies
(COSLA), has expanded the ADA Information Files placed in 15,000
libraries across the country.  The following items have been
added to the file, which in most libraries has been placed at the
reference desk.

Law and Regulations

Title III Regulation, Revised, as published at 28 CFR Part 36,
July 1, 1994
     The final rule implementing title III of the ADA, which
prohibits discrimination on the basis of disability by public
accommodations and commercial facilities, incorporating the
original rule and the changes published in January and April
1994.

Technical Assistance Manuals

Title II Technical Assistance Manual 1994 Supplement

Title III Technical Assistance Manual 1994 Supplement

Questions and Answers

La Ley para Personas con Desabilidades Preguntas y Respuestas
The ADA Questions and Answers booklet in Spanish.

ADA: Your Employment Rights as an Individual with a Disability
     An 11-page booklet developed by the U.S. Equal Employment
Opportunity Commission to answer employees' common questions
about Title I.

ADA: Your Responsibilities as an Employer
     A 17-page booklet developed by the U.S. Equal Employment
Opportunity Commission to answer employers' common questions
about Title I.

Commonly Asked Questions About Title II of the ADA
     A six-page fact sheet developed by the U.S. Department of
Justice answering questions most frequently asked about Title II.

Commonly Asked Questions Regarding Telephone Emergency Services
     A three-page fact sheet developed by the U.S. Department of
Justice answering questions about ensuring access to 9-1-1 and
other telephone emergency services for people who use TDD's.

Status Reports

Enforcing the ADA - A Status Report from the Department of
Justice
     A quarterly publication that provides the current status of
the Department of Justice's enforcement efforts, including
information on litigation, and formal and informal settlement
agreements under titles II and III.

     July-September 1994 Update
     October-December 1994 Update
     January-March 1995 Update
     A Special Fifth Anniversary Status Report - July 26, 1995

Businesses

Health Care Facilities

ADA:  Answers to Questions Most Commonly Asked by Hospitals and
Health Care Providers
     A 12-page booklet developed under a Department of Justice
grant by the National Rehabilitation Hospital that answers
questions frequently asked by health care providers about their
obligations under the ADA.

ADA Questions and Answers for Health Care Providers
     A 24-page booklet developed under a Department of Justice
grant by the National Center for Law and Deafness that answers
questions regarding the obligations of private health care
providers under title III of the ADA to communicate effectively
with individuals who are deaf or hard of hearing.

Medical Care Facilities: ADAAG Tech Sheet Series
     A 17-page design guide developed by Barrier Free
Environments, Inc., under a grant from the National Institute on
Disability and Rehabilitation Research that provides information
on the scope and design requirements for new and altered medical
care facilities.

Child Care

All Kids Count:  Child Care and the ADA
     An 89-page guide developed under a Department of Justice
grant by The Arc that advises child care providers about
including children with disabilities in regular child care
settings.

Other Business & Business Related Resources

The Americans with Disabilities Act Title III: A Guide for Making
Your Business Accessible to People with Mental Retardation
     An 11-page booklet developed under a Department of Justice
grant by The Arc that offers a series of suggestions to help
businesses make their goods and services accessible to people
with mental retardation.

Checklist for Existing Facilities: The ADA Checklist for Readily
Achievable Barrier Removal
     A 12-page checklist developed by Adaptive Environments
Center, Inc., and Barrier Free Environments, Inc., under a grant
from the National Institute on Disability and Rehabilitation
Research that helps businesses identify accessibility problems
and solutions for meeting their barrier removal obligations under
the ADA.

La Ley Para Personas con Impedimentos Lista de Verificacion de
Eliminacion de Barreras Facilmente Realizable
     The Checklist for Existing Facilities in Spanish.

Open for Business (Videotape)
     A 15-minute videotape developed under a Department of
Justice grant by The Institute for Law and Policy Planning that
provides visual examples to businesses for meeting their barrier
removal obligations under the ADA.

Professional Offices:  Access Equals Opportunity
     A 26-page booklet developed under a Department of Justice
grant by the Council of Better Business Bureaus' Foundation that
addresses compliance issues uder title III for professional
offices.

Shops and Services:  Access Equals Opportunity
     A 26-page booklet developed under a Department of Justice
grant by the Council of Better Business Bureaus' Foundation that
addresses compliance issues under title III for small shops and
services.

Travel and Tours:  Access Equals Opportunity
     A 26-page booklet developed under a Department of Justice
grant by the Council of Better Business Bureaus' Foundation that
addresses compliance issues under title III for travel and tour
agencies.

Communication Access

ADA Questions and Answers for Deaf and Hard of Hearing
Individuals
     A 32-page booklet developed under a Department of Justice
grant by the National Center for Law and Deafness that answers
questions regarding the rights of deaf and hard of hearing
individuals under the ADA.

State and Local Governments

Directory of Local ADA Officials
     A 47-page resource guide developed under a Department of
Justice grant by The United States Conference of Mayors that
contains a listing of designated ADA coordinators, arranged by
State, who deal with title II access issues in various cities
across the United States.

Title II Action Guide Supplement on Employment
     A 41-page document developed by Adaptive Environments
Center, Inc., and Barrier Free Environments, Inc., under a grant
from the National Institute on Disability and Rehabilitation
Research that assists State and local government agencies in
evaluating their employment practices as required by the ADA.

Aging Issues and Disability

ADA: Accessibility for Older Persons with Disabilities Training
Manual
     A 76-page guide developed under a Department of Justice
grant by the American Association of Retired Persons that gives
an overview of title II and III requirements and ADA issues for
older people.

ADA Annotated Bibliography of Resources
     An 84-page guide developed under a Department of Justice
grant by the American Association of Retired Persons that
provides resources regarding sources and publications about the
ADA, recent Department of Justice ADA grantees, and technology
and disability contacts.

Design Guides

Accessible Route: ADAAG Tech Sheet Series
     A 23-page design guide developed by Barrier Free
Environments, Inc., under a grant from the National Institute on
Disability and Rehabilitation Research that provides information
on the scope and design requirements for accessible routes in new
and altered facilities covered by the ADA.

Areas of Rescue Assistance: ADAAG Tech Sheet Series
     A 22-page design guide developed by Barrier Free
Environments,
Inc., under a grant from the National Institute on Disability and
Rehabilitation Research that provides information on the scope
and design requirements for areas of rescue assistance in new
facilities covered by the ADA.

Medical Care Facilities: ADAAG Tech Sheet Series
     A 17-page design guide developed by Barrier Free
Environments, Inc., under a grant from the National Institute on
Disability and Rehabilitation Research that provides information
on the scope and design requirements for medical care facilities
in new and altered facilities covered by the ADA.

Toilet Stalls: ADAAG Tech Sheet Series
     A 12-page design guide developed by Barrier Free
Environments, Inc., under a grant from the National Institute on
Disability and Rehabilitation Research that provides information
on the scope and design requirements for toilet stalls in new and
altered facilities covered by the ADA.

Resource Lists and General Information

ADA Telephone Information Services (An updated replacement for
Telephone Numbers for AD Information)
     A two-page telephone list compiled by the Department of
Justice listing Federal agencies and organizations funded by the
Federal Government that provides information about provisions of
the ADA applying to State and local government programs and
services, public accommodations and commercial facilities,
employment, and communication.

A Guide to Legal Documents
     An 11-page guide developed by the Disability Rights
Education and Defense Fund under a contract funded jointly by the
Equal Employment Opportunity Commission and the Department of
Justice that explains four types of legal source documents
pertaining to the ADA and how to reference them.

Want to Resolve Your ADA Complaint? Consider Mediation
     A pamphlet developed under a Department of Justice grant by
the Key Bridge Foundation that explains the option of mediation
for resolving an ADA complaint.

ADA Information Line

     The Department of Justice operates a toll-free ADA
Information Line to provide information and publications to the
public about the requirements of the ADA.  Automated service,
which allows callers to listen to recorded information and to
order publications, is available 24 hours a day, seven days a
week.  ADA specialists are available 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 6:00 p.m. (Eastern Time).  Spanish
language service is also available.

     To obtain general ADA information, get answers to technical
questions, order free ADA materials, or ask about filing a
complaint, call:

               800-514-0301 (voice - English/Spanish)
               800-514-0383 (TDD - English/Spanish)

Publications and Documents

     Copies of the Department's ADA regulations and publications,
and information about the Department's technical assistance grant
program, can be obtained by calling the ADA Information Line or
writing to the address listed below.  All materials are available
in standard print as well as large print, Braille, audiotape, or
computer disk for persons with disabilities.

     Disability Rights Section
     Civil Rights Division
     U.S. Department of Justice
     P. O. Box 66738
     Washington, D.C. 20035-6738

     Subscriptions for the Department's Technical Assistance
Manuals for titles II and III and updates can be obtained from
the Government Printing Office. The subscription fee for the
Title II Manual, which includes annual supplements through 1996,
is $24. The subscription fee for the Title III Manual with
supplements through 1996 is $25. Call the ADA Information Line to
obtain an order form.

     Copies of the legal documents and settlement agreements
mentioned in this publication can be obtained by writing to:

     Freedom of Information/Privacy Act Branch
     Administrative Management Section
     Civil Rights Division
     U.S. Department of Justice
     P.O. Box 65310
     Washington, D.C. 20035-5310
     Fax: 202-514-6195

Currently, the FOI/PA Branch maintains approximately five
thousand pages of ADA material.  The records are available at a
cost of $0.10 per page (first 100 pages free).  Please make your
requests as specific as possible in order to minimize your costs.

     ADA regulations and technical assistance materials can also
be downloaded from the Department's ADA Bulletin Board System
(ADA-BBS) or the Internet.  The ADA-BBS, which includes selected
ADA documents from other agencies, can be reached by computer
modem by dialing 202-514-6193 or accessed on the Internet through
telnet fedworld.gov Gateway D.  The Department's regulations and
technical assistance materials, as well as press releases on ADA
cases and other issues, are available on the Internet at
gopher.usdoj.gov or http://www.usdoj.gov.

V. Other Sources of ADA Information

     The Equal Employment Opportunity Commission offers technical
assistance to the public concerning title I of the ADA.

     For ordering documents        For questions
     800-669-3362 (voice)          800-669-4000 (voice)
     800-800-3302(TDD)             800-669-6820 (TDD)

     The U.S. Department of Transportation offers technical
assistance to the public concerning the public transportation
provisions of title II and title III of the ADA.

     ADA documents and general questions
     202-366-1656 (voice)          202-366-4567 (TDD)

     ADA legal questions           202-366-1936 (voice/relay)

     Complaints and enforcement
     202-366-2285 (voice)          202-366-0153 (TDD)

     Project ACTION                800-659-6428 (voice/relay)
     202-347-3066 (voice)          202-347-7385 (TDD)

     The Federal Communications Commission offers technical
assistance to the public concerning title IV of the ADA.

     ADA documents and general questions
     202-418-0190 (voice)          202-418-2555 (TDD)

     ADA legal questions
     202-418-2357 (voice)          202-418-0484 (TDD)

     The National Institute on Disability and Rehabilitation
Research (NIDRR) of the U.S. Department of Education has funded
centers in ten regions of the country to provide technical
assistance to the public on the ADA.

     ADA technical assistance nationwide
     800-949-4232 (voice & TDD)

     The U.S. Architectural and Transportation Barriers
Compliance Board, or Access Board, offers technical assistance to
the public on the ADA Accessibility Guidelines.

     ADA documents and questions
     800-872-2253 (voice)          800-993-2822 (TDD)
     202-272-5434 (voice)          202-272-5449 (TDD)

     The Job Accommodation Network (JAN) is a free telephone
consulting service funded by the President's Committee on
Employment of People with Disabilities.  It provides information
and advice to employers and people with disabilities on
reasonable accommodation in the workplace.

     Information on workplace accommodation
     800-526-7234 (voice & TDD)

VI. How to File Complaints

Title I

     Complaints about violations of title I (employment) by units
of State and local government or by private employers should be
filed with the Equal Employment Opportunity Commission.  Call
800-669-4000 (voice) or 800-669-6820 (TDD) to reach the field
office in your area.

Titles II and III

     Complaints about violations of title II by units of State
and local government or violations of title III by public
accommodations and commercial facilities should be filed with -

Disability Rights Section
Civil Rights Division
U.S. Department of Justice
Post Office Box 66738
Washington, D.C.  20035-6738
