Enforcing the ADA

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Enforcing the ADA:A Status Report from the Department of Justice

April - June 2005

This Status Report covers the ADA activities of the Department of Justice during the secondquarter (April-June) of 2005. This report, previous status reports, and a wide range of other ADAinformation are available through the Department’s ADA Home Page on the World Wide Web(see page 11). The symbol (**) indicates that the document is available on the ADA Home Page.

INSIDE...

ADA Litigation ............................................... 2Formal Settlement Agreements ................... 4Other Settlements ......................................... 7Mediation ...................................................... 8Certification ..................................................10Technical Assistance .................................... 11Other Sources of ADA Information ........... 13How to File Complaints .............................. 14

2005, Issue 2

ENFORCING THE ADA -- UPDATE • APRIL 2004 - JUNE 20052

ENFORCEMENT/LITIGATION

The Americans with Disabilities Act (ADA) is a comprehensive civil rights law forpeople with disabilities. The Department of Justice enforces the ADA’srequirements 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 thou-

sands 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 compensa-

tory damages and back pay to remedy

discrimination. Under title III the

Department may also obtain civil

penalties of up to $55,000 for the first

violation and $110,000 for any subsequent

violation.

1. Decisions

Supreme Court Finds Foreign-Flag CruiseShips Covered by ADA -- The SupremeCourt ruled in Spector v. Norwegian CruiseLines, Ltd., that a foreign-flag cruise shipoperating in the internal waters of the UnitedStates is covered by title III of the ADA,

except where specific requirements of the lawwould interfere with the ship’s internal affairsor operations in particular cases. TheSupreme Court reversed the U.S. Court ofAppeals for the Fifth Circuit which held thatsuch ships were not covered. The plaintiffs,who are individuals with mobility disabilitiesand their nondisabled companions, filed suitunder the ADA alleging that the cruise linediscriminated against them on a cruise fromHouston, Texas, by imposing a surcharge foran accessible cabin; by failing to removearchitectural barriers to ship facilities andservices, such as public restrooms, restaurants,swimming pools, and elevators; and by failingto make reasonable modifications in policiesneeded to include people with disabilities inthe ship’s emergency evacuation procedures.The Department filed amicus briefs in both theappeals court and the Supreme Court insupport of ADA coverage. Of all the title IIIprovisions at issue in Spector, involving bothpolicy issues and barrier removal, only barrierremoval was identified by the Supreme Courtas raising the possibility of causinginappropriate interference with the ship’sinternal affairs or operations if it caused“permanent and significant modification to aship’s physical structure.” Concern wasexpressed that requiring such changes to aforeign-flag ship might make it impossible for

3ENFORCING THE ADA -- UPDATE • APRIL 2004 - JUNE 2005

ENFORCEMENT/LITIGATION

the ship to comply with all of the variedrequirements that different countries mightimpose. The decision also noted, however,that interference with a ship’s internal affairsor operations might generally be avoidedbecause of the significant limitations on thebarrier removal requirement, but that thisdetermination would have to made on a case-by-case basis.

Supreme Court Will ConsiderConstitutionality of Title II Prisoner Suits --The Supreme Court decided to review thedecision of the U.S. Court of Appeals for theEleventh Circuit in Goodman v. Ray, whichheld that private title II suits against Stateprisons are barred by sovereign immunity.The Solicitor General asked the SupremeCourt to review this decision in order toresolve the conflict between the Ninth Circuit,which upheld the constitutionality ofindividual title II suits against State prisons inPhiffer v. Columbia River Correctional andthe Eleventh Circuit decision in Goodman,which held such suits unconstitutional. In itspetition, the Department argued that theEleventh Circuit decision in Goodman waswrong because it was inconsistent with theSupreme Court’s decision in Tennessee v.Lane, which upheld the constitutionality ofindividual title II suits against State courtsystems. The petition asserted that title II isan appropriate congressional response to thehistory of constitutional violations againstpersons with disabilities in prisons. Theplaintiff, who has paraplegia and uses awheelchair, alleged that his cell was too smallfor him to maneuver his wheelchair, making itimpossible for him to access his bed, toilet,and shower without assistance, and thatassistance was often denied. He also claimedthat the prison’s barriers prevented him fromusing the prison library, attending religiousservices, and participating in a wide range ofcounseling, education, and vocational trainingprograms.

Two Appellate Courts Rule SovereignImmunity Is No Bar to Private ADA SuitsAgainst Public Colleges -- The U.S. Courtsof Appeals for the Fourth and EleventhCircuits ruled in favor of the Department ofJustice in upholding the constitutionality ofprivate title II suits against State institutions ofhigher education. The Fourth Circuit inConstantine v. The Rectors and Visitors ofGeorge Mason University ruled that a GMUlaw student with “intractable migrainesyndrome” can continue with her lawsuitagainst the law school for injunctive relief anddamages. The suit alleged that the GMU lawschool, which is part of Virginia’s publicsystem of higher education, failed toaccommodate her disability in theadministration of a constitutional law examand then retaliated against her when shecomplained. The Eleventh Circuit inAssociation for Disabled Americans, Inc. v.Florida International University upheld theconstitutionality of the ADA’s abrogation ofState sovereign immunity in the context ofpublic education, allowing a suit to go forwardalleging that the university failed to provideinterpreters, note takers, and other appropriateauxiliary aids and services to students.

Eighth Circuit Bars Integration ClaimAgainst State Agency -- The U.S. Court ofAppeals for the Eighth Circuit ruled againstthe Department of Justice in Bill M. v.Nebraska Department of Health and HumanServices Finance and Support, holding that itwas unconstitutional for a group of personswith developmental disabilities, who claimedthat they are at risk of facing unnecessaryinstitutionalization, to sue various Stateagencies who administer the State’s Medicaidprogram for failing to provide medicalservices in the most integrated settingappropriate. The plaintiffs sued both the Stateagencies and State officials in their officialcapacities for an order requiring modificationsin the program. The Court ruled only that the


ENFORCEMENT/LITIGATION/FORMAL SETTLEMENT AGREEMENTS

claims against the State agencies were barredby sovereign immunity. The State did notchallenge the right of the plaintiffs to sue theState officials in their official capacities.

2. 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.

U.S. v. Apollo Theater Foundation -- TheU.S. Attorney’s Office for the SouthernDistrict of New York simultaneously filed andresolved by consent decree a lawsuit againstthe Apollo Theater Foundation, whichoperates the historic Apollo Theater inHarlem, challenging barriers to access at thetheater. The agreement requires the Apollo toinstall 12 permanent wheelchair seatinglocations with companion seats in its orchestrasection. The agreement also requires theApollo to renovate its front and rear entrancesto provide accessible routes into the facilityand to eliminate a wide variety of barriers bymaking changes to restrooms, elevators,drinking fountains, signage, and telephones.

B. Formal SettlementAgreements

The Department sometimes resolves

cases without filing a lawsuit by means of

formal written settlement agreements.

Title II

** Project Civic Access Agreements Signedby Two More Communities -- TheDepartment has signed two additionalagreements under its Project Civic Accessinitiative, a wide-ranging effort to ensure thatcities, counties, towns, and villages

throughout the United States comply with theADA. The new agreements cover --

Florence, South Carolina, andMonroe County, Pennsylvania.

The goal of Project Civic Access is to ensurethat people with disabilities have an equalopportunity to participate in civic life.Departmental investigators, attorneys, andarchitects survey State and local governmentfacilities and programs across the country forthe purpose of identifying modificationsneeded to comply with ADA requirements.Depending on the circumstances in eachcommunity, the agreements address specificareas where access can be improved. To date,113 communities have signed Project CivicAccess agreements. Each community agreedto take specific steps, depending on localcircumstances, to make core governmentfunctions more accessible to people withdisabilities. The agreements have improvedaccess to many aspects of civic life including,courthouses, libraries, parks, sidewalks, andother facilities, and address a wide range ofaccessibility issues, such as employment,voting, law enforcement activities, andemergency preparedness and response.

Title III

Skyline Mountain Resort, Price, Utah --The Department reached an agreement withthe Skyline Mountain Resort in Price, Utah,which will result in barrier removalthroughout the resort. The resort agreed tomake at least one of its cabins fully accessible,remove barriers in its clubhouse, includingtoilets and shower rooms, and provideaccessible parking at its golf course.

Exodus Women’s Center, Lakeland, Florida-- The Department entered an agreement withthe Exodus Women’s Center, which providesobstetrics and gynecology services in fourdifferent locations in Florida, resolving a


ENFORCEMENT/LITIGATION/FORMAL SETTLEMENT AGREEMENTS

Regal Cinemas Agrees to Accessibility in Stadium-Style Movie Theaters -- TheDepartment entered a far-reaching settlement resolving its litigation with the RegalEntertainment Group concerning the placement of wheelchair seating at its stadium-stylemovie theaters nationwide. Stadium-style seating offers superior lines of sight and anenhanced moviegoing experience. The U.S. Attorney’s Office for the District ofMassachusetts filed suit against Hoyts Cinemas in December 2000 for violating the ADAby placing accessible wheelchair seating very close to the screen in front of the elevatedrisers of the stadium section, resulting in a distorted and uncomfortable view forwheelchair users. The lawsuit challenged the failure to provide persons with disabilitiesseating locations and lines of sight comparable to those of the general public. RegalEntertainment Group, which is the largest movie theater chain in the country with 3,500screens, acquired most of the former Hoyts movie theaters in 2004. Regal agreed toprovide improved lines of sight in both existing and future stadium-style theaters. Allfuture construction of Regal theaters will be designed in accordance with designrequirements that place wheelchair seating in the stadium section near the middle of theauditorium. Regal also agreed to make changes to nearly 1000 existing stadium-styletheaters by moving wheelchair seating further back from the screen. At the remainingtheaters, Regal will ensure that any wheelchair seating be relocated as far back from thescreen as possible without major reconstruction.

complaint by an individual who has difficultywalking and uses a wheelchair due to aneurological condition. The complainantalleged that when she arrived for herscheduled appointment, Exodus staff refusedto help her get onto the examination table andtold her that she needed to bring someone withher to assist her. She left without receiving amedical examination. Under the agreement,Exodus agreed to purchase an adjustableheight examination table for one office withinthree months of the agreement and purchase asecond adjustable height examination table fora second office within 12 months. It alsoagreed, when scheduling an appointment for afirst-time patient, to ask the patient if she willneed any special assistance, modification ofpolicy, or auxiliary aid or service at theexamination because of a disability. Inaddition, Exodus agreed to pay thecomplainant $1000 and to conduct ADAtraining for all its medical and administrative

staff on interacting with individuals withdisabilities and techniques for assistingindividuals with mobility disabilities totransfer to an exam table.

Midwest Orthopaedics, Chicago, Illinois --The U.S. Attorney’s Office for the NorthernDistrict of Illinois and Midwest Orthopedics, amultiphysician orthopaedic group practicewith offices located throughout themetropolitan Chicago area, signed asettlement agreement resolving a complaintfiled by a deaf individual. The complaintalleged that, despite repeated requests,Midwest Orthopaedics failed on threeoccasions to provide a sign languageinterpreter when he visited the offices formedical treatment. Under the agreement,Midwest will develop a written effectivecommunication policy, train employees on thepolicy and the requirements of the ADA, andpost a sign in a conspicuous location to notify


ENFORCEMENT/FORMAL SETTLEMENT AGREEMENTS

patients and staff of the policy. In addition, itwill pay $2,000 in compensatory damages tothe complainant.

** Norwegian American Hospital, Chicago,Illinois -- The U.S. Attorney’s Office for theNorthern District of Illinois and NorwegianAmerican Hospital reached a settlementresolving a complaint alleging thatNorwegian, an acute-care hospital, failed toprovide effective communication to a patientwho is deaf. Norwegian agreed to implementa comprehensive effective communicationpolicy requiring hospital staff to conductindividualized communication assessmentswhen patients are admitted to determine whattypes of auxiliary aids will be necessary foreffective communication. It agreed to providesign language interpreters when needed, aswell as other appropriate auxiliary aids, suchas visual alarms, TDDs at pay phones and inpatient rooms, signage at phone banksindicating locations of TDDs, volume controltelephones, and closed captioned televisions.Norwegian will post notices in conspicuouslocations of the availability of auxiliary aidsand services and pay $10,000 in compensatorydamages to the complainant.

Ramada Hotel, Dallas, Texas -- TheDepartment reached a settlement with S.R.P.Hospitality, the owner of the Ramada PlazaHotel Convention Center in Dallas, Texas,resolving a complaint that the hotel attemptedto bar a guest’s service animal from stayingwith her because of the hotel’s “no pets”policy, and then treated the guest and her twocompanions poorly during their stay due to thepresence of the service animal. Under theagreement, the hotel agreed not todiscriminate against people with disabilitieswho use service animals, and theircompanions, to post this nondiscriminationpolicy in the hotel lobby, to provide ADAtraining to hotel staff, and to pay monetarydamages of $1,000 to the guest.

** Greater Southeast Community Hospital,Washington, D.C. -- The Department reachedan agreement with Greater SoutheastCommunity Hospital resolving a complaintthat the hospital failed to provide effectivecommunication for a patient who washospitalized for three days with severe chestpain. The complainant alleged that he wasdenied sign language interpreters for a seriesof medical tests for his heart condition, that hewas not provided effective communication forany diagnostic treatment or posthospitalizationcare, and that his wife was forced to interpretfor him because of the lack of interpreters.The hospital agreed to provide appropriateauxiliary aids and services, including signlanguage interpreters, to the hospital’s patientsand their relatives or companions who are deafor hard of hearing, and to pay $30,000 incompensatory damages to the complainant.


ENFORCEMENT/OTHER SETTLEMENTS

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.

An individual with a mobility impairmentcomplained that a Missouri county courthousewas not accessible because stairs were theonly means of reaching its upper floors. Thecounty installed an elevator, made all publicrestrooms accessible, renovated thecourtroom, and took steps to ensure that allprograms would be held in accessiblelocations.

A person with a mobility impairmentcomplained that a nationally franchised hotelin Wisconsin was not accessible. The hotelagreed to lower a portion of the front deskcounter, to install grab bars in the men’s andwomen’s toilet rooms, to install a curb rampnear the main entrance, and to make additionalmodifications to the common areas and guestrooms to make them accessible.

The U.S. Attorneys obtained informalsettlements in the following cases --

District of Arizona -- An individual who isdeaf complained that a medical plan providerbilled for the cost of a sign languageinterpreter. The provider did have a policy forproviding interpreters, but the staff who dealtwith the complainant were not aware of thepolicy. The provider agreed to provide ADAtraining to current and future employees whohave patient contact, and to post a sign in a

conspicuous location in its health care centersstating that auxiliary aids and services areavailable to ensure effective communicationfor persons who are deaf.

Southern District of Iowa -- A patient who isdeaf complained that a medical clinic refusedto provide a sign language interpreter for adeaf patient during treatment at the clinic.The medical clinic adopted written policiesand procedures to ensure effectivecommunication for deaf patients, including theprovision of appropriate auxiliary aids.

Southern District of Mississippi -- Anindividual with a mobility disabilitycomplained that a bank in Mississippi had abuilt-up curb ramp that protruded into theaccessible parking space. The bank replacedthe existing curb ramp with one that did notprotrude into the space, adjusted the slope ofthe space, provided van-accessible parkingspaces in both the customer parking lot andthe employee lot, installed proper signagedesignating all accessible parking, provided afolding shelf at the front teller’s servicecounter, and made several modifications in thetoilet room.

An individual complained that the office of anational real estate agency franchisee wasinaccessible. The agency added accessibleparking, including a designated a van-accessible parking space, replaced two ramps,created level landings at the top of each ramp,and installed accessible hardware on thedoors.

An individual with a mobility impairmentcomplained that a city hall was not accessibleto individuals with disabilities. The cityinstalled an elevator and created an accessibleentrance where none existed before.


MEDIATION

II. Mediation

Under a contract with the Department

of Justice, The Key Bridge Foundation

receives referrals of complaints under

titles II and III for mediation by

professional mediators who have been

trained in the legal requirements of the

ADA. An increasing number of people

with disabilities and disability rights

organizations are specifically requesting

the Department to refer their complaints

to mediation. More than 400 professional

mediators are available nationwide to

mediate ADA cases. Over 75 percent of

the cases in which mediation has been

completed have been successfully

resolved. Following are recent examples

of results reached through mediation.

� In Pennsylvania, a woman complained thata social service organization discontinuedchildcare services to her young daughterbecause staff members refused to conductblood sugar level tests. The organizationagreed to train staff members to checkblood sugar levels of children withdiabetes and to pay $2,000 incompensation to the complainant.

� In Wyoming, an advocate for individualswho are hard of hearing complained that acity did not provide assistive listeningequipment at its public meetings. The cityinstalled a new accessible sound system inthe convention center where the meetingsare held and purchased eight portableassistive listening systems available foruse in other city meeting locations. Thecity apologized to the three people whoinitiated the complaint and agreed toprovide ongoing training to city employeeson accommodating people withdisabilities.

� A wheelchair user complained that aMichigan hotel did not have enoughaccessible rooms and that hotel staffmembers were not sensitive to customerswith disabilities. The hotel modified twoguest rooms to be accessible by enlargingbathrooms; replacing toilets; and reposi-tioning grab bars, sinks and countertops;and reimbursed the complainant $200 forexpenses incurred during his trip.

� In California, a service animal usercomplained that he was refused service atthe same fast-food restaurant on twoseparate occasions. The restaurant agreedto expand its ADA compliance policy bydeveloping a comprehensive section onworking with service animal users. It alsoagreed to provide ongoing training for newand existing employees and to haveregular visits from unidentified shoppersto verify compliance. The restaurant alsoagreed to pay the complainant $15,000 incompensation and attorney’s fees.

� In North Carolina, a wheelchair user whocalled a racetrack for tickets complainedthat he was told the racetrack did not havecompanion seating. The owners of theracetrack confirmed in mediation that theydid, in fact, have companion seatingavailable, but that employees were notaware of it at the time the complainantcalled. The racetrack owners developed acomprehensive policy on providingcompanion seating and trained employeesin implementing the policy. In addition,the racetrack owners provided four suitetickets to a future NASCAR race at any oftheir facilities and $8,500 in compensa-tion. They also agreed to try and arrange ameeting between the complainant and aracing superstar.


MEDIATION

� A person who uses a service animalcomplained that she was denied access tothe examination room in a doctor’s officein California because the staff believedthat the area would be contaminated by thedog. The doctor modified the office policyto allow service animals access to theexamination room.

� In California, a wheelchair usercomplained that employees of an autodealership were parking in or blocking theaccessible parking and the public sidewalkadjacent to the dealership. The owner ofthe dealership provided its employees witha written management policy prohibitingthem from parking any vehicles inaccessible parking spaces and accessareas, including public sidewalks. Thepolicy also prohibits employees fromdirecting or allowing nondisabledcustomers to park in accessible parkingspaces.

� A wheelchair user complained that a NewHampshire hotel’s parking lot, conferencemeeting rooms, conference registrationareas, and first floor public restrooms werenot accessible. The hotel agreed torestripe its parking lot to add accessibleparking and to provide accessible paths oftravel in all conference meeting rooms,conference dining areas, and registrationareas. It also agreed to train its staff toprovide assistance to guests withdisabilities if needed when crowdedconditions make it difficult to get to abuffet table or registration counter. Thehotel agreed to renovate the men’s andwomen’s restrooms near the first floorrestaurant to make them fully accessible.The parties agreed that renovation of a setof restrooms in another location was notreadily achievable, and the respondentagreed to install signage directing guestswith disabilities to the renovatedbathrooms.

� A motorcyclist with a mobility disabilitycomplained that a Nevada hotelparticipating in an annual motorcycleevent created a reserved area formotorcycle parking but made noaccommodation for persons with mobilitydisabilities who ride motorcycles. Duringthe annual motorcycle event, the hotel willreserve spaces nearest to the front entrancefor guest motorcyclists with any stateaccessible parking permit, license, orplacard. The hotel will post signageadvising guests of the availability of suchparking. In addition, the hotel agreed towrite a letter to the editor of a motorcyclemagazine about the need for parking formotorcyclists with mobility disabilitiesand the steps taken by the hotel to providemotorcycle parking during the annualmotorcycle event.

� In Michigan, a woman who is deafcomplained that a doctor’s office refusedto provide a sign language interpreter foran appointment, instead requiring her tobring a family member to serve as aninterpreter. The doctor agreed to provideeffective communication, including signlanguage interpreter services forappointments at no charge to individualswho are deaf. The doctor also agreed toinstruct staff on procedures on how torespond to a request for sign languageinterpreters services.

� A wheelchair user complained that a Texasrestaurant, which had once beenaccessible, was no longer accessible. Theproperty owner and the restaurant ownerworked together to relocate the accessibleparking spaces to be closest to the frontentrance, install a parking lot curb rampand a ramp to the front entrance, andprovide accessible door hardware.


CERTIFICATION

III. Certification of State and Local AccessibilityRequirements

The ADA requires that newly

constructed or altered places of public

accommodation and commercial facilities

comply with title III of the ADA, including

the ADA Standards for Accessible Design

(ADA Standards). The Justice Department

is authorized to certify that State and local

accessibility requirements, which are often

established through building codes, meet

or exceed the ADA’s accessibility require-

ments. In any lawsuit that might be

brought, an entity that complies with a

certified State or local code can offer that

compliance as rebuttable evidence of

compliance with the ADA.

In implementing its certificationauthority, the Department works closelywith State and local officials, providing, asneeded, detailed technical assistance tofacilitate efforts to bring those accessibilityrequirements into accord with the ADAStandards. In addition, the Departmentresponds to requests from private entitiesfor review of the accessibility provisions ofmodel codes and standards, and providesinformal guidance regarding the extent towhich they are consistent with theminimum accessibility requirements of theADA.

The States of Texas, Maine, Florida, andMaryland currently have accessibility codescertified by the Department of Justice. TheState of Washington recently implementednew accessibility requirements that replace theaccessibility code certified previously by theDepartment. Requests for certification fromthe States of California, Indiana, New Jerseyand Utah, and for technical assistance fromthe State of Michigan and the InternationalCode Council (a model code organization), arepending before the Department. Recentcertification-related activity includes --

North Carolina -- The Department receivedno adverse comments during the 60-daycomment period for its March 17, 2005,preliminary certification that the NorthCarolina Accessibility Code (NCAC) meets orexceeds the new construction and alterationsrequirements of title III of the Americans withDisabilities Act. The Department held publichearings in Cary, North Carolina, andWashington, D.C., on the preliminarycertification.


TECHNICAL ASSISTANCE

IV. Technical Assistance

The ADA requires the Department of

Justice to provide technical assistance to

businesses, State and local governments,

and individuals with rights or

responsibilities under the law. The

Department provides education and

technical assistance through a variety of

means to encourage voluntary

compliance. Our activities include

providing direct technical assistance and

guidance to the public through our ADA

Website, ADA Information Line, and Fax on

Demand; developing and disseminating

technical assistance materials to the

public; undertaking outreach initiatives;

and coordinating ADA technical assistance

government wide.

ADA Website

The Department’s ADA Website on theInternet’s World Wide Web provides directaccess at anytime to ADA information offeredby the Department and by other Federalagencies.

The ADA Home Page (www.ada.gov) is theentry point to the website. It provides directaccess to --

� ADA regulations and technicalassistance materials in English andSpanish (which may be viewed onlineor downloaded for later use),

� electronic versions of the ADAStandards for Accessible Design,including illustrations and hyperlinkedcross-references,

� selected ADA legal documents,settlement agreements, and technicalassistance letters,

� the ADA Business Connection,including ADA Business Briefs inEnglish,

� an online ordering form for the ADATechnical Assistance CD-ROM,

� links to the Department’s pressreleases, and

� links to Internet web pages of otherFederal agencies and Federal granteesthat contain ADA information.

The ADA Home Page also providesinformation about --

� the toll-free ADA Information Line,

� the Department’s ADA enforcementactivities,

� the ADA technical assistance program,

� certification of State and local buildingcodes,

� proposed changes in ADA regulationsand requirements, and

� the ADA mediation program.


TECHNICAL ASSISTANCE

ADA Information Line

The Department of Justice operates a toll-freeADA Information Line to provide informationand publications to the public about therequirements of the ADA. Automated service,which allows callers to order publications bymail or fax, is available 24 hours a day, sevendays a week. ADA specialists are available onMonday, Tuesday, Wednesday, and Fridayfrom 9:30 a.m. until 5:30 p.m. and onThursday from 12:30 p.m. until 5:30 p.m.(Eastern Time). Foreign language service isalso available.

To obtain general ADA information, getanswers to technical questions, order freeADA materials, or ask about filing acomplaint, please call:

800-514-0301 (voice)800-514-0383 (TTY)

ADA Fax On Demand

The ADA Information Line Fax DeliveryService allows the public to obtain free ADAinformation by fax 24 hours a day, seven daysa week. By calling the number above andfollowing the directions, callers can selectfrom among 34 different ADA technicalassistance publications and receive theinformation, usually within minutes, directlyon their fax machines or computer fax/modems. A list of available documents andtheir code numbers may also be orderedthrough the ADA Information Line.

Publications and Documents

Copies of the Department’s ADA regulationsand publications, including the TechnicalAssistance Manuals for titles II and III, can beobtained by calling the ADA InformationLine, visiting the ADA Home Page, or writingto the address listed below. All materials are

available in standard print as well as largeprint, Braille, audiotape, or computer disk forpersons with disabilities.

U.S. Department of JusticeCivil Rights Division950 Pennsylvania Avenue, N.W.Disability Rights Section - NYAVWashington, D.C. 20530

Some publications are available in foreignlanguages. For further information please callthe ADA Information Line.

Copies of the legal documents and settlementagreements mentioned in this publication canbe obtained by writing to --

U.S. Department of JusticeCivil Rights Division950 Pennsylvania Avenue, N.W.FOIA Branch, NALC Room 311Washington, D.C. 20530

Fax: 202-514-6195

Currently, the FOI/PA Branch maintainsapproximately 10,000 pages of ADA material.The records are available at a cost of $0.10 perpage (first 100 pages free). Please make yourrequests as specific as possible in order tominimize your costs.

The FOI/PA Branch also provides access toADA materials on the World Wide Web(www.usdoj.gov). A link to search or visit thiswebsite is provided from the ADA HomePage.


OTHER SOURCES OF INFORMATION

V. Other Sources of ADA Information

The Equal Employment OpportunityCommission offers technical assistance to thepublic concerning the employment provisionsof title I of the ADA.

ADA publications800-669-3362 (voice)800-800-3302 (TTY)

ADA questions800-669-4000 (voice)800-669-6820 (TTY)

www.eeoc.gov

The Federal Communications Commissionoffers technical assistance to the publicconcerning the communication provisions oftitle IV of the ADA.

ADA publications and questions888-225-5322 (voice)888-835-5322 (TTY)

www.fcc.gov/cgb/dro

U.S. Department of Transportation,Federal Transit Administration

ADA Assistance Line for regulationsand complaints888-446-4511 (voice/relay)

www.fta.dot.gov/ada

The U.S. Architectural and TransportationBarriers Compliance Board, or AccessBoard, offers technical assistance to thepublic on the ADA Accessibility Guidelines.

ADA publications and questions800-872-2253 (voice)800-993-2822 (TTY)

www.access-board.gov

The ADA and IT Technical AssistanceCenters are funded by the U.S. Department ofEducation through the National Institute onDisability and Rehabilitation Research(NIDRR) in ten regions of the country toprovide resources and technical assistance onthe ADA.

ADA technical assistance800-949-4232 (voice & TTY)

www.adata.org

Project ACTION is funded by the U.S.Department of Transportation to provide ADAinformation and publications on makingtransportation accessible.

Information on accessible transportation800-659-6428 (voice/relay)

http://projectaction.easterseals.com

The Job Accommodation Network (JAN) isa free telephone consulting service funded bythe U.S. Department of Labor. It providesinformation and advice to employers andpeople with disabilities on reasonableaccommodation in the workplace.

Information on workplace accommodation800-526-7234 (voice & TTY)

www.jan.wvu.edu


HOW TO FILE COMPLAINS

VI. How to File Complaints

Title I

Complaints about violations of title I(employment) by units of State and localgovernment or by private employers should befiled with the Equal Employment OpportunityCommission. Call 800-669-4000 (voice) or800-669-6820 (TTY) to reach the field officein your area.

Titles II and III

Complaints about violations of title II byunits of State and local government orviolations of title III by publicaccommodations and commercial facilitiesshould be filed with --

U.S. Department of JusticeCivil Rights Division950 Pennsylvania Avenue, N.W.Disability Rights Section - NYAVWashington, D.C. 20530

If you wish your complaint to beconsidered for referral to the Department’sADA Mediation Program, please mark“Attention: Mediation” on the outside of theenvelope.

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

Enforcing the ADA

Documents

Transcript of Enforcing the ADA