>From the web page
http://www.usdoj.gov/crt/ada/julsep99.htm

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Enforcing the ADA

A Status Report from the Department of Justice

(July - September 1999)

This Status Report covers the ADA activities of the Department
of Justice during the third quarter (July - September) of 1999.
This report, previous status reports, and a wide range of other
ADA information are available through the Department's ADA Home
Page on the World Wide Web (see page 15). The symbol (**)
indicates that the document is available on the ADA Home Page.

               INSIDE...

               ADA Litigation

               Formal Settlement Agreements

               Other Settlements

               Mediation

               Technical Assistance

               Other Sources of ADA Information

               How to File Complaints

1999, Issue 3


     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 hundreds of 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. As of September 29, 1999,
the limit on possible penalties has been adjusted upward for
inflation to $55,000 for the first violation and $110,000 for
any subsequent violation.

          1. Decisions

     Circuits Split on Constitutionality of ADA Suits
     Against States -- Two more U.S. Courts of Appeals have
     upheld the ADA as appropriate legislation to enforce
     the equal protection guarantees of the U.S.
     Constitution. The Second Circuit in Muller v.
     Costello, an employment suit alleging discrimination
     against a New York State prison, and the Tenth Circuit
     in Martin v. Kansas, an employment claim against a
     Kansas prison, ruled that it is constitutional for
     Congress to permit individuals to directly sue States
     for ADA violations under title I because the ADA is
     appropriately tailored to remedy and prevent
     discrimination against people with disabilities. On
     the other hand, the Eighth Circuit in Alsbrook v. City
     of Maumelle ruled that a title II suit against the
     Arkansas Commission on Law Enforcement Standards and
     Training was unconstitutional, because the ADA's
     protections go beyond the equal protection rights
     guaranteed by the U.S. Constitution. It also ruled for
     the same reason in DeBose v. Nebraska that a title I
     employment suit against Nebraska was unconstitutional.
     In all four of these cases the Department of Justice
     intervened to defend the constitutionality of the ADA.
     Seven of the eight circuits ruling on this issue so
     far have upheld the constitutionality of ADA suits
     against States. As urged by the Department, the U.S.
     District Court for the District of Connecticut also
     upheld the constitutionality of a title II suit
     against the Connecticut Department of Corrections in
     Hicks v. Armstrong.

     Rehabilitation Center for Persons with Mental
     Disabilities May Challenge Town's Refusal to Let it
     Operate -- The U.S. District Court for the District of
     Maryland ruled in Pathways Psychosocial Support
     Center, Inc. v. Town of Leonardtown that an
     organization intending to operate a rehabilitation
     center for people with mental disabilities in downtown
     Leonardtown, Maryland, could challenge the town's
     opposition to its plans under the ADA. The Department
     of Justice filed an amicus brief in support of the
     Pathways Psychosocial Support Center, which was
     refused permission by the town to purchase a building
     and was later denied an occupancy permit by the town.
     The town asserted that the organization could not
     bring a lawsuit because it was not an individual with
     a disability. The district court, agreeing with the
     Department's brief, ruled that the organization was
     entitled to sue because it was allegedly injured as a
     result of its association with people with mental
     disabilities.

     Federal Court Rules that the ADA Covers Insurance
     Policies -- The U.S. District Court for the District
     of Columbia, ruling that the ADA prohibits
     discrimination in the terms and conditions of
     insurance policies, and not just physical access to
     facilities, allowed a suit challenging disability
     discrimination in landlord insurance to continue. The
     Department filed an amicus brief in Wai v. Allstate
     Insurance Co. in support of a landlord who wanted to
     rent a single-family house to an organization that
     would operate it as a group home for persons with
     mental retardation but who was refused standard
     landlord property and casualty insurance. She was told
     by the insurance companies that she must obtain more
     expensive commercial insurance for the house.

          2. New lawsuits

     The Department initiated or intervened in the
     following lawsuits.

Title II

     New Interventions to Defend the Constitutionality of
     the ADA -- The Department sought to intervene in two
     additional district court cases, Campos v. San
     Francisco State University and Jeffreys v. New Jersey,
     where States are arguing that it is unconstitutional
     for Congress to permit ADA lawsuits directly against
     State governments. California and New Jersey assert
     that Congress lacks authority under the Fourteenth
     Amendment to subject them to lawsuits under the ADA,
     because the ADA's protections go beyond the equal
     protection rights guaranteed by the U.S. Constitution.
     The Department, however, believes that the ADA is
     constitutionally appropriate legislation to remedy the
     history of pervasive discrimination against people
     with disabilities.

          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

     Cunningham v. Goldberg -- The U.S. Attorney for the
     Western District of Tennessee resolved by consent
     decree a lawsuit in which it intervened to challenge
     architectural barriers at the Public Eye restaurant in
     Memphis, Tennessee. The consent decree requires the
     provision of an accessible entrance to the restaurant,
     the removal of a step barrier within the restaurant,
     and renovations to a restroom. It also requires the
     Public Eye to reposition a public telephone, make
     Brailled or recorded menus available to persons with
     impaired vision, and provide training to employees on
     assisting patrons with disabilities. The owner also
     agreed to pay a civil penalty of $1,000 to the United
     States. In addition, the parent company of the
     restaurant's owner agreed to restripe three accessible
     parking spaces adjacent to Public Eye to comply with
     the ADA Standards for Accessible Design and to make a
     $5,000 contribution to a Memphis disability rights
     organization.

          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 II

     Pathways Psychosocial Support Center, Inc. v. Town of
     Leonardtown -- see "Decisions," page 3.

Title III

     Steger v. Franco, Inc. -- The Department filed an
     amicus brief in the U.S. Court of Appeals for the
     Eighth Circuit in support of plaintiffs' right to sue
     a commercial landlord for failing to remove
     architectural barriers in a Clayton, Missouri,
     building that houses health care providers and other
     places of public accommodation. The district court
     ruled that two of the plaintiff 's lacked "standing"
     to bring the suit, because they had not yet visited
     the building when the lawsuit was filed. The
     Department's brief on appeal argues that the
     plaintiffs have standing if they can establish that
     they are likely to use the facility in the future and
     that the public accommodation contains barriers to
     accessibility that could limit their access. The brief
     asserts that in order to have standing, plaintiffs do
     not first need to try to use the facility, if they
     reasonably believe that it is not accessible. They
     only need to show that they are likely to use the
     facility if the ADA violations are corrected.

     Botosan v. McNally Realty Inc. -- The ADA does not
     require a plaintiff to notify State agencies or follow
     any other administrative procedures before filing a
     lawsuit under title III, according to an amicus brief
     filed by the Department in the U.S. Court of Appeals
     for the Ninth Circuit. The plaintiff in Botosan is an
     individual with paraplegia who alleged that defendants
     violated the ADA by failing to provide accessible
     parking spaces at their real estate office in Imperial
     Beach, California.

     Long v. Coast Resorts, Inc. -- The Department filed an
     amicus brief in the U.S. Court of Appeals for the
     Ninth Circuit in support of two individuals who use
     wheelchairs and a disability rights organization who
     are challenging inaccessible features of a newly
     constructed Las Vegas hotel and casino. Although the
     district court found that the bathroom doorways at the
     800-room hotel and casino complex were too narrow, it
     refused to order any relief to correct the violation,
     because it thought the "minimal" inconvenience to
     people with disabilities was outweighed by the expense
     of widening the doorways. The Department argued in its
     brief on appeal that the inaccessible doorways would
     seriously impede access by persons with disabilities
     and that the ADA does not allow courts to ignore new
     construction violations. The Department also argued
     that the district court was mistaken in ruling that
     four slot change kiosks comply with the ADA. The brief
     emphasized that two of the kiosks do not have
     accessible service counters and that the work area in
     each kiosk has a four-inch elevation that prevents
     employees who use wheelchairs from approaching,
     entering, or exiting the area.

B. Formal Settlement Agreements

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

Title I

     Office of the City Clerk, Chicago, Illinois -- The
     Department filed a settlement agreement with the U.S.
     District Court for the Northern District of Illinois
     that resolves U.S. v. City of Chicago, a lawsuit
     alleging that the Office of the City Clerk violated
     title I when it withdrew a previously provided
     accommodation -- transfer to another division offering
     a more moderate work schedule -- for an employee
     diagnosed with major depression. Because the city
     determined that she was not an individual with a
     disability, it returned her to her original job in the
     Clerk's Office which required much overtime. She
     experienced another episode of depression, missed
     work, and was fired. She was reinstated into a
     position of comparable salary and with no required
     overtime through negotiations with the Department.
     Under the settlement agreement, the City will pay the
     complainant $65,000 in back pay; pay the City's
     contribution to the retirement fund for the period
     from her termination to her reinstatement; restore her
     seniority; and purge her personnel file of all
     references to her termination, her depression, her
     refusal to work overtime, her request for a reasonable
     accommodation, her filing of a charge with the EEOC,
     and her involvement in the Department's investigation.

Title II

     Barbour County, Alabama -- The Department reached an
     agreement with Barbour County, Alabama, resolving a
     complaint alleging that the jail discriminated against
     an inmate because of his mental illness. The county
     will ensure that inmates with mental illnesses will
     receive prescribed medication while incarcerated and
     appropriate monitoring by the designated health care
     provider for the jail. In addition, the jail will
     train its staff on its ADA responsibilities and post
     notices informing individuals with disabilities how to
     receive assistance in gaining access to the jail's
     services, programs, and activities.

     Beauregard Parish, Louisiana -- The Beauregard Parish
     Police Jury agreed to complete its self-evaluation and
     transition plan. These documents will address
     accessibility issues at a wide range of facilities
     including the parish jail, courthouse, civic center,
     public works building, and tourist center.

     Beggs, Oklahoma -- The Department entered into an
     agreement with the City of Beggs, Oklahoma, to resolve
     a complaint alleging that the services, programs, and
     activities of the Beggs City Hall are inaccessible to
     people who use wheelchairs. The City of Beggs agreed
     to design and construct a new accessible facility that
     will house the services, programs, and activities of
     Beggs City Hall. The new facility will also serve as
     the location for a new fire station and a new police
     station. The city also agreed to continue to provide
     access to the programs, services, and activities of
     the city hall in the meantime by relocating them to
     accessible locations and to provide appropriate
     signage directing people to these locations.

     Borough of Conway, Pennsylvania -- The Department
     entered into a settlement agreement with the Council
     for the Borough of Conway, Pennsylvania resolving a
     complaint alleging that the second floor meeting room
     where the Council's public meetings are held is not
     accessible to individuals with disabilities who are
     not able to climb stairs. The Borough Council agreed
     to adopt and publish a procedure for relocating all
     public meetings to an accessible location with
     reasonable notification (within a week before the
     meeting). It also will post a statement describing the
     procedures to follow for requesting reasonable
     modifications to its policies, practices, and
     procedures.

          ** Toledo To Be More Accessible to People
          with Disabilities -- The City of 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 that
              persons with disabilities have 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 will 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 an
              accessible location, 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;

            * 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.

     Nineteenth Judicial Circuit, Lake County, Illinois --
     The Department entered an agreement resolving a
     complaint alleging that an Illinois court had required
     a deaf probationer to pay the costs of sign language
     interpreter services at court-ordered counseling
     sessions. The court agreed to pay the complainant
     $14,000 as reimbursement for the cost of sign language
     interpreters he provided at his own expense during his
     program. The court also adopted written policies and
     procedures requiring contractors to provide auxiliary
     aids and services when necessary for effective
     communication with deaf or hard of hearing
     individuals. The court will assist contractors in
     paying for interpreter services and monitor the
     contractors' compliance with the auxiliary aids
     requirement.

     St. John the Baptist Parish, Louisiana -- The St. John
     the Baptist Parish 9-1-1 Communication District agreed
     to upgrade its call taking consoles and to provide
     appropriate training to call takers in order to ensure
     effective direct access to TDD users.

Title III

     ** American Association of State Social Work Boards;
     Assessment Systems, Inc., Culpeper, Virginia -- Two
     national standardized testing agencies agreed to
     provide qualified readers for test takers with vision
     impairments. The American Association of State Social
     Work Boards and Assessment Systems, Inc., will also
     pay $3,000 to a complainant who was not allowed to use
     his own reader for the social work license
     examination. Instead, he was allegedly required to use
     a college student who had been hired to work at the
     registration table and had never read for a person
     with a vision impairment. During the exam, the reader
     allegedly stumbled over technical terms and made
     mistakes in marking and recording the answers. Under
     the agreement, AASSWB and ASI will adopt written
     policies to ensure that readers are proficient in
     reading for people with vision impairments, that they
     are familiar with the examination, and that they work
     with the test-taker prior to the examination to allow
     the reader to adapt to the test-taker's style of
     receiving information. The agreement also makes clear
     that the testing entities may also simply choose to
     allow test-takers with vision impairments to supply
     their own reader.

     Southeastern Conference, Birmingham, Alabama -- The
     Southeastern Conference (SEC), one of the nation's
     major collegiate athletic conferences, agreed to
     resolve a complaint filed by a high school swimmer
     with a learning disability who was prevented from
     enrolling at the University of Tennessee because of an
     SEC academic eligibility rule. In an earlier consent
     decree with the Department of Justice the NCAA agreed
     to modify many of its eligibility procedures so that
     the academic abilities of student-athletes with
     learning disabilities would be measured more
     accurately. The NCAA consent decree allows
     student-athletes with learning disabilities, who fail
     the rigid initial eligibility requirements, to be
     designated as "partial qualifiers" who are entitled to
     earn back a year of athletic eligibility, if they can
     demonstrate academic success in the classroom by
     completing a certain number of courses with a
     permissible grade point average. Under the new rules,
     the NCAA considered the complainant a partial
     qualifier and offered him the opportunity to earn
     another year of competition if he succeeded in the
     class room. However, the SEC prohibits anyone who is
     not a full qualifier on the day he or she enrolls as a
     freshman from ever participating in athletics. In its
     agreement with the Department of Justice, the SEC
     agreed to exempt student-athletes with learning
     disabilities from its restrictive policy, bringing its
     rules into line with the new NCAA policies.

     Bashas', Phoenix, Arizona -- The U.S. Attorney's
     Office for the District of Arizona resolved a
     complaint that the restrooms in a Phoenix grocery were
     inaccessible because they were up a flight of stairs.
     Bashas' agreed to construct an accessible restroom on
     the bottom floor of the store.

     Penn Treaty Network America Insurance Company,
     Sarasota, Florida -- The Penn Treaty Network America
     Insurance Company entered an agreement with the
     Department resolving a complaint by a deaf individual
     who alleged that she was denied nursing home insurance
     solely because of her disability. The company agreed
     to reconsider her application for insurance and to
     develop a company policy for its employees and agents
     to ensure effective communication with customers with
     hearing impairments.

     Adelante P.C., Chicago, Illinois -- Adelante P.C., a
     private social services agency, agreed to adopt
     written policies and procedures ensuring that deaf
     clients will receive sign language interpreter
     services without cost when participating in the
     agency's counseling programs. The agreement resolves a
     complaint in which Adelante required a deaf
     probationer to pay the costs of sign language
     interpreter services at court-ordered counseling
     sessions.

          ** Greyhound to Improve Bus Service to
          Passengers with Disabilities -- An agreement
          between the Department and Greyhound Lines
          Inc., will improve the availability and
          quality of accessible bus service for
          persons with disabilities. The agreement
          resolves a wide range of complaints
          including the denial of passage or boarding
          assistance to persons with mobility or
          vision impairments, injuries to passengers
          while being physically carried on and off
          buses, and verbal harassment. It requires
          Greyhound to pay more than $17,500 in
          damages, which includes individual payments
          to 14 complainants ranging from $500 to
          $4,000. Current Department of Transportation
          (DOT) regulations permit carrying, but
          require Greyhound to provide lift-equipped
          bus service on 48 hours' notice beginning in
          October 2001. The agreement will minimize
          the need for carrying passengers with
          disabilities by phasing in accessible bus
          service in three stages, beginning two years
          before lift-equipped service is required by
          the DOT rules. Under the agreement,
          Greyhound will --

            * (Through March 31, 2000 only) provide,
              with 48 hours' notice through its ADA
              Hotline, a lift-equipped bus or
              assistive device on scheduled departures
              to and from locations where these buses
              are operated (generally along major
              routes serving a large proportion of
              Greyhound passengers) or where assistive
              devices can be made available to
              passengers who request such
              accommodations;

            * On 48 hours' notice, make reasonable
              efforts to provide an accessible bus
              between any of the approximately 2,600
              points served by Greyhound; and,

            * (Beginning no later than April 1, 2000)
              guarantee accessible buses between any
              points served by Greyhound, on 48 hours'
              notice, except in a limited set of
              "excusable circumstances" defined in the
              agreement.

          The agreement also requires Greyhound to --

            * Provide training to employees assisting
              any person with a disability;

            * Establish an internal dispute resolution
              procedure for addressing complaints by
              persons with disabilities within 90 days;
            * Inform individuals with disabilities of
              their rights under the ADA and the
              agreement;

            * Convene a meeting of a specially created
              advisory committee of representatives
              from organizations advocating the rights
              of persons with disabilities to advise
              Greyhound on its training programs and
              policies by September 30, 1999; and,

            * Continue systematically removing
              barriers to access in Greyhound
              facilities.

          The Department of Justice has created a
          plain language guide for bus passengers --
          available through the ADA Information Line,
          the ADA Home Page, and ADA Fax on Demand
          (document #3400) -- that explains the
          requirements of the Greyhound agreement and
          the DOT regulations.

          ** MGM Grand Hotel, Casino, and Theme Park
          to Become Fully Accessible to People with
          Disabilities -- People with disabilities
          will now be able to fully enjoy the
          entertainment and attractions at the MGM
          Grand Hotel, Casino and Theme Park in Las
          Vegas, Nevada, the world's largest hotel and
          casino complex, under an agreement reached
          with the Department of Justice. MGM Grand
          will --

            * Increase the number of accessible guest
              rooms for individuals with disabilities
              by adding 36 rooms during the course of
              renovations, including rooms with
              roll-in showers, bringing the total
              number of fully accessible guest rooms
              to 112;

            * Increase the number of accessible guest
              rooms for individuals with hearing
              impairments by adding 15 rooms with
              visual alarms during the course of
              renovations, bringing the total number
              of fully accessible rooms for
              individuals with hearing impairments to
              46, and making available 15 additional
              kits containing visual notification
              devices, TDD's, and door knockers;

            * Make restrooms throughout the facility
              fully accessible to persons with
              disabilities by adding stalls for people
              who use crutches or walkers, adding grab
              bars, and relocating doors;

            * Ensure that the casinos are fully
              accessible to persons with disabilities
              by adding more lowered gaming tables and
              accessible service counters and
              improving access to the high roller
              gaming areas;

            * Install visual alarms throughout the
              facility for individuals who are deaf or
              hard of hearing;

            * Improve access in the Grand and
              Hollywood Theaters and in the MGM Grand
              Garden, which host major sporting events
              and concerts, by adding accessible
              wheelchair and companion seating
              locations, lowering ticket and box
              office counters, and providing assistive
              listening devices for people who are
              hard-of-hearing;

            * Provide full access for people with
              disabilities at restaurants and retail
              establishments within the facility by
              adding handrails in entrances, lowering
              cashier counters, and providing
              accessible dressing rooms and adequate
              knee space in dining booths;

            * Make pool and spa areas fully accessible
              to people with disabilities; and
            * Pay $165,000 in compensation to the
              three complainants.

     Womacks Casino, Cripple Creek, Colorado -- Womacks
     Casino agreed to install a ramp to provide access to
     its new nickel gaming machines for individuals with
     mobility impairments.

     Affordable Airport Shuttle, Gaithersburg, Maryland --
     Affordable Airport Shuttle, a small company that
     provides service to all three Washington D.C. area
     airports with five inaccessible vans, agreed to
     contract with a transportation company to provide
     accessible van service to all patrons with mobility
     impairments requesting its services.

     Nation's Capital Tours, L.L.C., Silver Spring,
     Maryland -- A Washington, D.C., area tour operator
     agreed to improve access to its sightseeing services
     by purchasing or leasing accessible vehicles or
     sharing accessible vehicles with other local
     sightseeing service providers. It also will not
     require an individual with a disability to be
     accompanied by an attendant.

     French Lick Springs Resort, French Lick, Indiana --
     The U.S. Attorney for the Southern District of Indiana
     reached an agreement with French Lick Springs Resort
     requiring the resort to install accessible telephones
     in the lobby, create or revise policies to ensure
     effective assistance is provided to guests with
     disabilities, train its employees, and make structural
     changes including modifying guest bathrooms, public
     elevators, and public restrooms. The resort also
     agreed to pay $7,500 to the complainant and $7,500 in
     civil penalties.

     Headliner's Bar and Grill, Muncie, Indiana -- In an
     agreement with the U.S. Attorney for the Southern
     District of Indiana, Headliner's Bar & Grill agreed to
     install a ramp to the front entrance of the facility
     and install an accessible restroom. The owner of the
     building and the restaurant agreed to pay $3,750 in
     damages to the complainant and $3,750 in civil
     penalties.

     Seminar Concepts, Hattiesburg, Mississippi -- Under an
     agreement with the U. S. Attorney's Office for the
     Southern District of Mississippi, Seminar Concepts,
     which offers continuing education courses in the field
     of physical and occupational therapy, will provide
     appropriate auxiliary aids and services to students
     who are deaf or hard of hearing. Seminar Concepts will
     consult with a student who requests an auxiliary aid
     and notify the student well in advance of the course
     as to what auxiliary aid it intends to provide.
     Seminar Concepts will train its staff on the ADA's
     auxiliary aids requirements and provide information on
     requesting auxiliary aids in its advertising and
     application materials.

C. Other Settlements

The Department resolves numerous cases without litigation or a
formal settlement agreement. In some instances, the public
accommodation, commercial facility, or State or local government
promptly agrees to take the necessary actions to achieve
compliance. In others, extensive negotiations are required.
Following are some examples of what has been accomplished
through informal settlements.

Title II

     A Texas county will provide assistive listening
     devices at its courthouse for individuals with hearing
     impairments and include accessibility information on
     county documents such as jury summonses, traffic
     tickets, and tax assessments.

     A northeastern State agreed to provide course
     materials for its State boating safety course in
     Braille and to administer a Brailled version of the
     exam for a boating safety certificate.

     A county sheriff 's department in a major Texas city
     developed a policy for identifying arrestees and
     inmates who are mentally ill and for providing them
     with appropriate accommodations.

     A county court complex in Colorado agreed to provide
     van accessible parking in its two parking lots.

     A Michigan district court adopted and implemented a
     policy to ensure effective communication.

     A Montana city appointed an ADA coordinator and posted
     notices in all city facilities notifying the public of
     its policy to provide access to city programs,
     services, and activities.

     A city in Indiana modified restrooms in its
     city/county building to make them accessible and
     installed TDD's on each floor of the building along
     with signage indicating the location of the TDD's.

     A Pennsylvania city removed physical barriers inside
     its county courthouse and added four accessible
     parking spaces with appropriate signage and curb cuts
     to provide an accessible route to the entrance of the
     courthouse.

     A Louisiana city agreed to improve accessibility in
     its civic center by modifying restrooms, public pay
     telephones, elevators, drinking fountains, and
     exterior access routes; installing signage, exterior
     ramps with handrails, an indoor ramp with
     modifications to its handrails, and wheelchair lifts;
     and providing accessible parking, accessible seating
     in the civic center auditorium, and an accessible
     ticket sales booth.

     A county jail in Washington installed grab bars and
     handrails for the shower facilities in five percent of
     the cells, purchased portable shower chairs, installed
     grab bars and accessible sink and toilet units in five
     percent of the cells, and revised the jail's inmate
     handbook to include inmate grievance procedures and a
     description of welfare and medical services available
     for inmates.

     A northern State department of corrections agreed to
     make the facility's library accessible to inmates with
     vision impairments by providing appropriate auxiliary
     aids including a talking calculator, an illuminated
     magnifier, and a cassette player to be used for
     listening to recorded books in cells.

     A northeastern State department of corrections agreed
     to make its daily graphic arts vocational classes and
     remedial reading and math classes accessible for
     inmates who are deaf or hard of hearing. The
     department also provided a qualified sign language
     interpreter for biweekly narcotics anonymous meetings,
     weekly religious services, and monthly mental health
     counseling sessions. It moved the TTD to an open room
     and permitted its use daily between the hours of 4
     p.m. and 11 p.m., and agreed to provide a qualified
     sign language interpreter for the complainant's
     medical appointments.

     A southern State correctional institution agreed to
     provide sign language interpreters, televisions with
     captioning, recorded books, and books in Braille as
     appropriate for inmates with hearing or vision
     impairments.

     A southern State department of criminal justice agreed
     to make appropriate modifications in work assignments
     to accommodate inmates with disabilities.

Title III

     A movie theater in Florida agreed to provide
     wheelchair seating areas with companion seating and
     add a unisex accessible restroom.

     A major professional sports league agreed to changes
     in ticketing procedures in order to increase the
     likelihood that people with disabilities will be able
     to obtain tickets for accessible seats at its
     championship game.

     A midwestern insurance company agreed to issue a
     health insurance policy for a child with pervasive
     developmental disorder.

     U.S. Attorneys obtained informal settlements in the
     following cases --

     Southern District of Mississippi

     A Mississippi city agreed to provide direct TDD access
     to its 9-1-1 emergency response system. It will
     install additional equipment so that each answering
     position has TDD response capability; provide
     comprehensive training for each of its 9-1-1 call
     takers; implement a public education program to
     promote the use of 9-1-1 by individuals who use TDD's;
     and conduct semi-annual audits of the quality of
     service provided to TDD users.

     A Mississippi air show agreed to provide accessible
     parking, including van accessible parking, accessible
     toilet stalls, and a sign language interpreter to
     interpret the entire narrated portion of the air show
     for one day of the three-day event. Training materials
     on the ADA will be provided to all volunteers who
     staff the event.

     A Mississippi restaurant constructed a ramp and level
     threshold at the entrance to the front door, replaced
     round-knob hardware with new handles on the restroom
     doors, provided tactile signs for the restrooms,
     installed grab bars in the restrooms, and brought the
     existing accessible parking space into compliance.

II. Mediation

** Under a contract with the Department of Justice, The Key
Bridge Foundation is accepting referrals of complaints under
titles II and III for mediation by professional mediators who
have been trained in the legal requirements of the ADA. More
than 450 professional mediators are available nationwide to
mediate ADA cases. Over 80 percent of the cases in which
mediation has been completed have been successfully resolved.
Following are recent examples of results reached through
mediation --

       * A group of wheelchair users complained that a
         South Dakota arena did not comply with the ADA.
         The management company agreed to provide
         additional integrated seating; make concession
         stands accessible; install signage for people with
         visual impairments; redesign the box office to
         include an accessible window; and include
         information about available accommodations in the
         advertisement materials for events. The management
         company also agreed to send a letter to all
         vendors in kiosks notifying them of their ADA
         obligations; implement an ADA training program for
         all employees; and institute new policies and
         procedures to maximize the availability of
         companion seating.

       * A person with a mobility disability complained
         that a restaurant tour conducted by a California
         civic association was inaccessible to persons with
         disabilities because the transportation provided
         did not include accessible vehicles. The
         association agreed to obtain accessible
         transportation for all future events.

       * A person who is deaf complained that a New
         Hampshire police department would not provide a
         qualified sign language interpreter for an open
         house event advertised in the newspaper. The
         deputy chief of police agreed to provide qualified
         sign language interpreters for public meetings and
         to provide staff training on how to effectively
         communicate with people who are deaf, including
         how to obtain the services of a qualified sign
         language interpreter. The complainant agreed to
         assist the police department with the training.

       * In New Mexico, a wheelchair user complained that a
         restaurant's accessible parking spaces were
         routinely blocked during business hours by
         delivery trucks. The manager of the restaurant
         apologized and agreed to limit deliveries to
         non-business hours and to designate other
         accessible parking during that time.

       * In Oregon, a person who uses a motorized scooter
         complained that there were no accessible
         restrooms, parking, or path of travel at an annual
         outdoor sporting event held at a farm. The owners
         of the farm agreed to provide accessible parking
         on a hard surface, an accessible path of travel,
         and accessible restrooms. They also agreed to make
         golf carts available for persons who may need them
         for mobility and to provide information in their
         brochures about how to request accommodations that
         may be needed by persons with disabilities.

       * A wheelchair user complained that a Pennsylvania
         appliance store had no accessible parking.
         Although the store provided the appropriate number
         of spaces, there was no vertical signage
         identifying the spaces. The owner agreed to
         install signage and create an additional
         accessible parking space. The owner also agreed to
         install an additional accessible parking space at
         his hardware store.

       * A wheelchair user complained that an Oregon
         theater did not have accessible restrooms. The
         owner agreed to renovate the restrooms to make
         them accessible.

       * In Pennsylvania, a wheelchair user complained that
         a pizzeria did not have an accessible entrance.
         The owner agreed to install a permanent ramp to
         provide access to the entrance.

       * The parents of a child with attention deficit
         hyperactivity disorder complained that a Nevada
         daycare center stopped providing services to their
         daughter because of her disability. The owner
         agreed to comply with the ADA and provide training
         for the staff. The owner also agreed to develop
         resources and expertise for resolving issues that
         may arise while providing services to a child with
         a disability.

       * In Pennsylvania, a wheelchair user complained that
         a bar's entrance was inaccessible to persons using
         wheelchairs because the entry gate was too narrow.
         The owner agreed to widen the gate to 36 inches
         and to install signage directing people with
         disabilities to the accessible entrance.

       * In Montana, a wheelchair user complained that a
         restaurant could only be entered by means of a
         flight of stairs. The owner agreed to post a menu
         at the base of the stairs on the first floor of
         the building with directions to a nearby phone to
         be used for placing an order with the restaurant.
         The restaurant agreed to deliver meal orders to
         customers on the first floor and made arrangements
         with a coffee shop located on the first floor to
         provide seating for customers unable to climb
         stairs.

       * A wheelchair user complained that a Pennsylvania
         doctor's office was not accessible. The parties
         agreed that because the cost of making the
         entrance accessible was prohibitive, it was not
         readily achievable to remove the barrier. The
         doctor agreed to tell the receptionist to inform
         potential patients that the office is inaccessible
         and to offer to schedule appointments at the
         doctor's nearby accessible office. The doctor
         agreed to pay for any additional transportation
         costs incurred by patients who needed to be seen
         at the accessible office.

       * A person with a vision impairment complained that
         she was asked to leave an Oregon restaurant
         because she was accompanied by a service animal.
         The restaurant agreed to modify its no pets policy
         to admit service animals and to post a placard
         stating that it welcomes individuals with
         disabilities. The owners agreed to spend a day at
         guide dog school and to provide training on the
         ADA to all members of the staff. In addition, the
         respondent agreed to pay the complainant $33,000.

       * In Michigan, a person who works with people with
         various disabilities complained that public
         restrooms at a city sponsored event were not
         accessible. The city agreed to select a consultant
         to complete an evaluation of all city buildings
         and to develop a transition plan for implementing
         necessary changes. The city also agreed to build
         permanent accessible restroom facilities.

          HHS Promotes Title II Compliance -- From
          time-to-time, Enforcing the ADA will feature
          the activities of the seven other Federal
          agencies designated to investigate ADA
          complaints against public entities. The
          Office for Civil Rights of the Department of
          Health and Human Services (OCR/HHS)
          investigates and attempts to resolve title
          II complaints against schools of medicine,
          dentistry, nursing, and other health-related
          schools; health care and social services
          providers and institutions, including grass
          roots and community services organizations
          and programs; and preschool and day care
          programs. Following are examples of recent
          settlement agreements --

          Carlsbad, New Mexico -- OCR/HHS resolved a
          complaint against the Head Start Program of
          the Southeast New Mexico Community Action
          Corporation alleging that the program
          discriminates against developmentally
          delayed and other preschool students with
          disabilities by denying transportation
          services provided to other preschoolers. To
          resolve the complaint, the Head Start
          Program established a policy that requires
          the transportation of children with
          disabilities to and from programs, special
          clinics, or other service providers when
          such services cannot be obtained from other
          agencies.

          Missouri -- OCR/HHS entered into a
          settlement agreement requiring the Missouri
          Department of Health to allow an individual
          with a learning disability applying for the
          job of emergency medical technician (EMT) to
          retake the EMT test with the assistance of a
          reader and to allow the applicant to take
          refresher courses at no cost to the
          applicant. The Missouri Department also
          agreed to validate its test as a test of
          reading ability or to use a nationally
          validated test from the National Registry of
          Emergency Medical Technicians.

          Cincinnati, Ohio -- The Mount Airy Campus of
          the Franciscan Hospital agreed to take major
          steps to improve the accessibility of its
          services to persons who are deaf or hard of
          hearing. The agreement resolves a complaint
          alleging the hospital failed to provide a
          sign language interpreter where necessary
          for effective communication. The hospital
          agreed to amend its guidelines to require
          its ambulance service to notify the hospital
          when emergency patients need an interpreter;
          train new and current emergency room
          personnel to ensure interpreters are
          provided where necessary for effective
          communication; and maintain a log in the six
          months following the agreement identifying
          whether sign language interpreters were
          offered and provided to persons who are deaf
          or hard of hearing.

          South Dakota -- The South Dakota State Board
          of Medical and Osteopathic Examiners has
          revised its licensing examination
          application to ensure that applicants with
          disabilities will not encounter delays when
          requesting testing accommodations. The
          agreement resolves a complaint alleging that
          the Board failed to provide the complainant
          with necessary testing accommodations. As a
          result, the complainant was required to take
          the exam at a later time, which may have
          jeopardized job offers. The Board agreed to
          revise its application to include
          information about how applicants with
          disabilities are to request testing
          accommodations.

          More information about OCR/HHS activities
          may be found on the Internet at
          http://ocr.hhs.gov.

III. 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, ADA Home Page, and
Fax on Demand, 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.

     ADA Home Page

     An ADA Home Page is operated by the Department on the
     Internet's World Wide Web
     (http://www.usdoj.gov/crt/ada/adahom1.htm). The Home
     Page provides information about:

       * the toll-free ADA Information Line,
       * the Department's ADA enforcement activities,
       * the ADA technical assistance program,
       * certification of State and local building codes,
       * proposed changes in ADA regulations and
         requirements,
       * and the ADA mediation program.

     The Home Page also provides direct access to:

       * ADA regulations and technical assistance materials
         (which may be viewed online or downloaded for
         later use),
       * Freedom of Information Act (FOIA) ADA materials,
         and
       * links to the Department's press releases, ADA
         Bulletin Board, and Internet Home Pages of other
         Federal agencies that contain ADA information.

     ADA Information Line

     The Department of Justice operates a toll-free ADA
     Information Line to provide information and free
     publications to the public about the requirements of
     the ADA. Automated service is available 24 hours a
     day, seven days a week, to order materials for
     delivery by mail or through our fax delivery system.
     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
     specific technical questions, order free ADA
     materials, or ask about filing a complaint, call:

          800-514-0301 (voice)

          800-514-0383 (TDD)

     ADA Fax On Demand

     The ADA Information Line Fax Delivery Service allows
     the public to obtain free ADA information by fax 24
     hours a day, seven days a week. By calling the number
     above and following the directions, callers can select
     from among 32 different ADA technical assistance
     publications and receive the information, usually
     within minutes, directly on their fax machines or
     computer fax/modems. A list of available documents and
     their code numbers may also be ordered through the ADA
     Information Line.

     Publications and Documents

     Copies of the Department's ADA regulations and
     publications, including the Technical Assistance
     Manuals for titles II and III, and information about
     the Department's technical assistance grant program,
     can be obtained by calling the ADA Information Line,
     visiting the ADA Home Page on the World Wide Web, 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

     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
     10,000 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.

     The FOI/PA Branch also provides access to ADA
     materials on the World Wide Web at
     http://www.usdoj.gov/crt/foia/records.htm. A link to
     this website is provided from the ADA Home Page.

IV. Other Sources of ADA Information

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

          ADA documents

          800-669-3362 (voice)
          800-800-3302 (TDD)

          ADA questions

          800-669-4000 (voice)
          800-669-6820 (TDD)

          http://www.eeoc.gov

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

          ADA documents

          202-314-3070 (voice)
          202-484-8831 (TDD)

          ADA questions

          202-418-2498 (voice)
          202-418-0484 (TDD)

          http://www.fcc.gov/dtf/

     The U.S. Department of Transportation through the
     Federal Transit Administration offers technical
     assistance concerning the transportation provisions of
     title II and title III of the ADA.

          ADA Assistance Line for information,
          questions, or complaints

          888-446-4511 (voice/relay)
          202-366-2285 (voice)
          202-366-0153 (TDD)

          ADA legal questions

          202-366-4011 (voice/relay)

          http://www.fta.dot.gov

     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)

          http://www.access-board.gov

     The Disability Rights Education and Defense Fund ADA
     Hotline is funded by the Department of Justice to
     provide technical assistance to the public on all
     titles of the ADA.

          ADA technical assistance

          800-466-4232 (voice & TDD)

     The Disability and Business Technical Assistance
     Centers are funded by the U.S. Department of Education
     through the National Institute on Disability and
     Rehabilitation Research (NIDRR) in ten regions of the
     country to provide resources and technical assistance
     on the ADA.

          ADA technical assistance

          800-949-4232 (voice & TDD)

          http://www.adata.org

     Project ACTION is funded by the U.S. Department of
     Transportation to provide ADA information and
     publications on making transportation accessible.

          Information on accessible transportation

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

          http://janweb.icdi.wvu.edu/english/

V. 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

          The Attorney General has determined that
          publication of this periodical is necessary
          in the transaction of the public business
          required by law of the Department of Justice.


last updated 11/17/99

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