ADA Compliance: Self-Evaluations and Transition Plans, A Local Perspective

ADA Compliance: Self-Evaluations and Transition Plans, A Local Perspective

Pete Lemke, Hennepin County

Jim Gersema, SRF Consulting Group

APA 2011 ConferenceSeptember, 2011

Overview

• Introduction• Accessibility Laws• State and Local Public Transportation

Responsibilities• U.S. Access Board• Standards and Guidelines• Project Civic Access


Key Laws

• Minnesota Human Rights Act• Architectural Barriers Act• Section 504 of the Rehabilitation Act• Americans with Disabilities Act• Telecommunications Act


Minnesota Human Rights Act

• Minnesota State Act for Fair Employment Practices, 1955

• Minnesota State Act Against Discrimination, 1962

• Minnesota Human Rights Act, 1973


Architectural Barriers Act

• Passed by Congress in 1968• Requires equal access to facilities designed, built,

altered, or leased with Federal funds.


Section 504 of the Rehabilitation Act

• Passed by Congress in 1973• Nondiscrimination Under Federal Grants and

Programs• “No otherwise qualified individual with a disability

in the United States, as defined in section 7(20), shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”


Americans with Disabilities Act of 1990 (ADA), 5 Titles

• Title I – Employment• Title II – Public Services• Title III – Public

Accommodations• Title IV – Telecommunications• Title V – Miscellaneous


Americans with Disabilities Act Title I Employment

Accessibility Requirements:• Employers with 15 or more employees may not

discriminate against qualified individuals with disabilities.

• Employers must reasonably accommodate the disabilities of qualified applicants or employees, including modifying work stations and equipment, unless undue hardship would result.


Americans with Disabilities Act Title II Public Services

• Title II - Public Entities, Subpart AProhibits state and local government agencies from discriminating against individuals with disabilities in access to and use of their services, programs or activities.

• Title II - Public Entities, Subpart B Prohibits state and local government transportation agencies from discriminating against individuals with disabilities in access to and use of their transportation services, programs or activities.


Americans with Disabilities Act Title III Public Accommodations

• Physical barriers in existing places of public accommodation must be removed if readily achievable.

• New construction of places of public accommodation and commercial facilities must be accessible.

• Alterations to existing places of public accommodation and commercial facilities must be done in an accessible manner.


Americans with Disabilities Act Title IV Telecommunications

• Telephone companies must provide telecommunications relay services for hearing-impaired and speech-impaired individuals 24 hours per day.


Americans with Disabilities Act Title V – Miscellaneous

• Provides instructions to Federal agencies involved in regulating and enforcing the other titles.


The Telecommunications Act of 1996

• Covers the manufacturing of telecommunication devices and further requirements on service providers.

• “A manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable.”


Local Ordinances

• Can be more restrictive in terms of accessibility• Cannot eliminate federal requirements of ADA


State and Local Public Responsibilities

• Conduct a Self-Evaluation

• Write a Transition Plan

• Wherever public agencies provide public accommodations, those facilities are to be accessible to persons with disabilities.


U. S. Access Board

Created as part of the 1973 Rehabilitation Act to ensure Federal agency compliance and to propose solutions to the environmental barriers problem addressed in the ABA.


http://www.access-board.gov/index.htm

U. S. Access Board

The 1990 ADA expanded the Boards mandate to include:

• developing the accessibility guidelines for facilities and transit vehicles covered by the law;

• providing technical assistance and training on these guidelines; and

• conducting research to support and maintain the guidelines.


U. S. Access Board

Board Rule Making Process• Create an advisory committee to develop

recommendations on the requirements of a rule • Develop a proposed rule based on committee

recommendations• Publish proposed rule in the Federal Register for

public comment• Review comments and make changes to the rule as

necessary.• Publish final rule in the Federal Register


U. S. Access Board

This process has led to the following publications:• ADA Standards(ADAAG) for Buildings and Facilities • ABA Standards(for federally funded facilities) • ADA Standards for Transportation Facilities• ADA Standards for Transportation Vehicles• Telecommunications Act Accessibility Guidelines• Electronic and Information Technology Accessibility

Standards


U. S. Access Board

The Board is also in process of developing these guidelines:

• Guidelines for Public Rights-of-Way • Guidelines for Outdoor Developed Areas • Guidelines for Passenger Vessels • Guidelines for Emergency Transportable Housing • Standards for Medical Diagnostic Equipment • Guidelines for Classroom Acoustics• Guidelines for Shared Use Paths


ADA Standards for Buildings and Facilities

The 2010 Standards combine both the earlier ABA and ADA standards into 1 document.


ADA Standards for Transportation Facilities

99% the same as the standards for buildings and facilities, just some minor adjustments.


Other Standards

• ADA Standards for Transportation Vehicles

• Telecommunications Act Accessibility Guidelines

• Electronic and Information Technology Accessibility Standards


PROWAG

• New Look and New Title: Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way

• Updated July 26, 2011 version out for public comment.

• Still needs to be adopted by the US DOT or US DOJ to become federal standards.


Outdoor Developed Areas

• Draft final guidelines only apply to Federal Land Management Agencies

• Also applies to non-federal agencies constructing or altering facilities on Federal lands

• Includes guidelines for:– Camping Facilities– Picnic Facilities– Viewing Areas– Hiking Trails– Beach Access Routes


Project Civic Access

A Department of Justice wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life. The Department has conducted reviews in 50 states, as well as Puerto Rico and the District of Columbia

http://www.ada.gov/civicac.htm



Review of the City of Des Moines, IA

The DOJ reviewed 40 facilities, policies, procedures, 911 emergency services and web-based services for compliance with Title II of the ADA. This review also included Police Department procedures for providing effective communication to those hard of hearing.



Settlement with the City of Des Moines, IA, 3/2/11

• Make physical modifications to its facilities• Survey other facilities and programs• Adopt a grievance procedure• Post, publish, and distribute a notice of it’s Title II

requirements



Settlement with the City of Des Moines, IA, 3/2/11

• Officially recognize the Iowa telephone relay service

• Ensure that Des Moines’ official websites are accessible

• Install signs at any inaccessible entrance• Implement a sidewalk and curb ramp accessibility

plan.


Questions?


ADA Compliance: Self-Evaluations and Transition Plans, A Local Perspective

Documents

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