Subject: Enforcing the ADA, A Status Report, April 1994

      Enforcing the ADA:  A Status Report from the Department of
                         Justice (April, 1994)
  
     The Americans with Disabilities Act (ADA) is a
  comprehensive civil rights law for people with disabilities. 
  The Department of Justice enforces the ADA's requirements in
  three areas --
  
  Title I:          Employment practices by units of State and
                      local government
  
  Title II:         Programs, services, and activities of State
                      and local government
  
  Title III:   Public accommodations and commercial
                 facilities
  
  
  I. Enforcement
  
     Through lawsuits and both formal and informal
  settlement agreements, the Department has achieved greater
  access for individuals with disabilities in over 200 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.  As a result, most
  complaints filed with the Department will be resolved before
  a lawsuit becomes necessary.
     
     A.   Litigation
  
     The Department may file lawsuits in Federal courts to
  enforce the ADA and may obtain court orders including
  compensatory damages to remedy discrimination.  Under title
  III the Department may also obtain civil penalties of up to
  $50,000 for the first violation and $100,000 for any
  subsequent violation.
  
          1.  Ongoing lawsuits 
  
     The Department has initiated, or intervened in, the
  following pending lawsuits.
  
                                Title I
  
  U.S. v. State of Illinois -- The Department sued the State
  of Illinois, the City of Aurora, and its police and fire
  pension funds for excluding police officers and firefighters
  from its pension funds on the basis of disability.  Under
  the challenged system, police officers and firefighters are
  required to undergo separate physical examinations, after
  they are hired, to determine eligibility for retirement and
  disability benefits.  The Department's investigation
  resulted from the complaint of an Aurora police officer who
  was ruled ineligible for pension benefits because he has
  diabetes.
  
                               Title III
  
  U.S. v. Morvant, Louisiana and U.S. v. Castle Dental Center,
  Texas -- The Department filed lawsuits against a dentist in
  New Orleans and a dental center in Houston alleging that
  they had violated title III of the ADA by refusing to
  provide dental treatment to individuals who had tested
  positive for HIV.  The Department asserts that there is no
  scientific or medical justification for excluding persons
  with HIV or AIDS from dental or orthodontic treatment solely
  on the basis of their HIV+ status.  Both cases are in the
  early stages of litigation.  
     In Morvant the court denied the defendant's motion to
  dismiss.  The court ruled that compensatory damages may be
  awarded on behalf of a deceased individual who suffered
  discrimination because of his positive HIV status.  The
  court also held that the defendant dentist may be sued in
  his individual, as well as his corporate, capacity.
  
  U.S. v. Becker CPA Review, Inc., District of Columbia -- The
  Department sued Becker CPA Review for failing to take
  appropriate steps to communicate effectively with students
  who have hearing impairments.  Becker, the nation's largest
  CPA review course, prepares over 10,000 students a year to
  take the national certified public accountant exam.  The
  Department is seeking (1) a permanent change in Becker's
  policy so that sign language interpreters and other
  auxiliary aids are provided to those who need them; (2)
  civil penalties; and (3) damages for the original
  complainant, several other people with hearing impairments
  who have reported that they were not accommodated, and any
  others who may have had similar experiences.  Trial is
  scheduled for July 5, 1994.
  
  Pinnock v. International House of Pancakes (IHOP),
  California -- 
  Upon notice by the Federal district court that the
  constitutionality of a Federal law was being challenged, the
  Department intervened in this case to defend the
  constitutionality of title III of the ADA.  The suit had
  been filed by a private individual asserting that the
  California pancake restaurant had failed to undertake
  readily achievable barrier removal and to provide auxiliary
  aids and services.  The court adopted the Department's views
  and upheld title III's constitutionality.  The defendant has
  appealed the court's ruling.
  
  Posner v. Central Synagogue, New York -- In a private
  lawsuit involving alleged discrimination by a nursery
  school, the Department intervened, upon notice by the
  Federal district court, to defend the constitutionality of
  the exemption for religious organizations under title III of
  the ADA.  The court has not yet issued a ruling.
  
          2.  Consent decrees
  
     Some litigation is resolved at the time that 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          
  
  U.S. v. Allright Colorado, Inc., Colorado -- The Department
  entered into a consent decree resolving its lawsuit against
  Allright Colorado, a company that owns or operates over 100
  parking lot facilities in Denver.  Under the agreement,
  Allright will add well over 400 accessible parking spaces to
  its facilities and will instruct parking attendants to
  monitor the slots and ticket cars that are improperly parked
  in accessible spaces.  Allright paid a $20,000 civil penalty
  to the United States because of the alleged delay in moving
  toward compliance.
  
  U.S. v. Venture Stores, Inc., Illinois -- The Department
  entered into a consent decree resolving its lawsuit against
  Venture Stores, Inc., a St. Louis, Missouri, firm that
  operates more than 90 discount department stores in eight
  states. Venture agreed to modify its policy of permitting
  only customers with drivers' licenses to pay for merchandise
  with a personal check, and will now permit individuals who
  do not drive because of a disability to pay by check if they
  have a non-driver state ID card. Venture also agreed to make
  payments to four individual complainants.  
  
          3.  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 properly.
  
  Title II
                                   
  Kinney v. Yerusalim, Pennsylvania --  In agreement with an
  amicus brief filed by the Department of Justice, the U.S.
  Court of Appeals for the Third Circuit ruled that the ADA
  requires cities to install curb ramps when they resurface
  streets.  This title II lawsuit was brought against the city
  of Philadelphia by a group 
  of people with mobility impairments.
  
  Lakes Region Consumer Advisory Board v. City of Laconia, New
  Hampshire --  The City of Laconia denied the Lakes Region
  Consumer Advisory Board's application for a permit to
  operate a facility providing services to persons with mental
  illness.  The Advisory Board sued, alleging that the denial
  violated title II of the ADA and section 504 of the
  Rehabilitation Act.  The Department filed an amicus brief
  supporting the Advisory Board's position that zoning
  decisions are subject to review under title II of the ADA
  and section 504 of the Rehabilitation Act.  No ruling has
  yet been issued.
  
  Medical Society of New Jersey v. New Jersey State Board of
  Medical Examiners, New Jersey -- The Medical Society of New
  Jersey filed suit challenging certain questions on the State
  medical board's application for renewal of medical licenses. 
  The Department filed an amicus brief arguing that broad
  questions pertaining to a history of psychiatric illness or
  a history of drug or alcohol abuse, not drawn to focus on
  current impairments of a physician's fitness to practice
  medicine, are discriminatory under title II of the ADA.  In
  a procedural ruling, the Federal district court agreed that
  a licensing process that places greater burdens on
  individuals because of positive responses to the challenged
  questions would likely violate title II.
  
  Galloway v. Superior Court of the District of Columbia,
  District of Columbia -- A blind individual filed a lawsuit
  in Federal district court charging that the District of
  Columbia Superior Court's policy of categorically excluding
  blind persons from jury service violates title II of the ADA
  and section 504 of the Rehabilitation Act of 1973.  The
  Federal district court judge agreed, and awarded the
  plaintiff $30,000 in damages.  The Department of Justice
  argued in support of the plaintiff's view that compensatory
  damages are available remedies under both the ADA and
  section 504.
  
  Livingston v. Guice, North Carolina  -- A person who uses a
  wheelchair filed a lawsuit in Federal district court against
  the State of North Carolina and a State court judge charging
  that they had violated title II of the ADA by preventing her
  from entering a courtroom through the only accessible
  entrance known to her.  The Department argued in an amicus
  brief that States may be sued for damages under title II. 
  The court has not yet issued a ruling.
  
  Rosenthal v. State Board of Law Examiners, New York -- A law
  school graduate with learning disabilities filed a lawsuit
  charging that the New York State Board of Law Examiners had
  refused to make reasonable adjustments in its procedures to
  give her an equal opportunity to pass the State bar exam. 
  In settling the case the State Board agreed to let her take
  the exam in a separate room, take twice the usual amount of
  time, and have the assistance of a person to transcribe her
  answers onto the multiple choice answer sheet.  During the
  litigation the Department of Justice filed an amicus brief
  arguing that both title II and title III of the ADA require
  reasonable modifications in policies, practices, and
  procedures when necessary to avoid discrimination in
  testing.
  
                              Title III
                                   
  Cohen v. Boston University, Massachusetts -- A person who
  has Tourette Syndrome filed a lawsuit against Boston
  University charging that it violated title III of the ADA by
  refusing to readmit her to its graduate school of social
  work because of her disability.  The Department filed a
  brief in support of the plaintiff arguing that the court
  should not grant summary judgment for the University,
  because facts concerning the University's actions remain in
  dispute.  The court has not yet issued a decision.
  
         B.  Formal settlement agreements
  
     The Department has resolved a number of cases without
  filing a lawsuit, by means of formal written settlement
  agreements.
  
  Title II
                                   
  Philadelphia, Pennsylvania --  The City of Philadelphia
  entered an agreement resolving a complaint alleging that
  emergency medical technicians (EMT's) of the Philadelphia
  Fire Department had refused to assist an individual when
  they learned that he had HIV.  The City agreed to conduct
  mandatory training of the Department's 2,300 EMT's and
  firefighters regarding universal precautions to prevent the
  transmission of HIV/AIDS, as well as to provide HIV/AIDS
  sensitivity training.  The City will also develop and
  publicize a written policy stating that individuals with
  disabilities shall be given the opportunity to benefit fully
  from its emergency medical services.  The policy will
  include disciplinary measures for any individual who fails
  to follow the City's guidelines.  In addition, the City will
  provide $10,000 in compensatory damages and a written
  apology to the individual denied services.  
  
  Hickman County, Kentucky -- Hickman County agreed to develop
  a compliance plan to provide access to the services,
  programs, and activities conducted in its courthouse, thus
  resolving a complaint alleging that a man using a wheelchair
  was unable to enter the circuit clerk's office to renew his
  driver's license because the doors were too narrow.
  
  Van Buren County, Arkansas --  Van Buren County agreed to
  relocate County court activities to an accessible site upon
  request; develop a self-evaluation and a transition plan;
  adopt a grievance procedure; and place public notices of its
  nondiscrimination policy and responsibilities under the ADA
  on County bulletin boards and in local newspapers.
  
  Harris County (Houston), Texas -- Harris County agreed to
  make all of the programs offered in each of its 106
  courtrooms and jury assembly rooms accessible, to furnish
  the auxiliary aids necessary to achieve effective
  communication in all of the county's programs, and to
  provide staff training.
  
  Scott County, Arkansas -- Scott County agreed to renovate
  the county courthouse in order to make it readily accessible
  to individuals with disabilities.  Specifically, the county
  agreed to renovate the courthouse's entrances, restrooms,
  door hardware, and drinking fountains.  
  
  City of Fargo, North Dakota -- The City of Fargo agreed to
  resolve complaints against its sports stadium and general
  entertainment facility, the Fargodome.  The City will adopt
  a formal policy that provides for ticket prices for
  individuals with disabilities who need special seating to
  attend events in the Fargodome that are equivalent to ticket
  prices charged to others.  The City also agreed to publicize
  its new policy, appoint an ADA coordinator for the
  Fargodome, develop an ADA grievance procedure, and conduct
  an evaluation of its policies and practices as required by
  title II.
  
  Norwood, Ohio -- The City of Norwood agreed to develop a
  written plan and timetable for making the services,
  programs, and activities offered at the Norwood City Hall
  accessible for persons with mobility impairments; submit
  architectural plans to the Department for review if the City
  determines that structural changes are needed; and make the
  agreement available to the public.
  
  Madison County, Florida -- The Board of Commissioners of
  Madison County agreed to install an elevator, widen doors,
  renovate toilet facilities and water fountains, and install
  appropriate signage to make its programs at the Madison
  County Courthouse accessible for persons with mobility
  impairments.  The County also will submit an interim plan
  for making its programs accessible until the renovations are
  completed.  
  
  Pinellas County, Florida -- The Sixth Judicial District of
  Florida entered into an agreement requiring the courts in
  that district to establish a written policy on providing
  qualified interpreters for participants, including parties,
  witnesses, jurors, and spectators, who are deaf or hard of
  hearing; secure the services of a qualified interpreter when
  necessary to ensure effective participation; notify the
  public about the policy; and inform and instruct all
  appropriate district court officials to comply with the
  policy.
  
  Salt Lake City, Utah -- The complaint alleged that a State
  district court in Salt Lake City disqualified or otherwise
  excluded from jury service individuals who are deaf unless
  they bring their own interpreters.  The agreement with the
  Utah State Administrative Office of the Courts committed the
  courts in Utah to provide appropriate auxiliary aids and
  services, including qualified interpreters, when necessary
  to provide an individual with a disability an opportunity to
  serve as a juror.  The agency will establish a written
  policy on jury duty and the provision of interpreting
  services; notify the public about the new policy; inform and
  instruct all appropriate district court officials to adhere
  to the policy; and conduct at least four regional training
  seminars.
  
  Clearwater, Florida -- The complaint alleged that the police
  department had failed to provide an interpreter in the
  arrest of an individual who is deaf.  The Clearwater police
  department agreed to establish and publicize a written
  policy for providing interpreters whenever necessary for
  effective communication.
  
  Paulding County, Ohio -- In response to a complaint that the
  county courtroom was inaccessible to individuals with
  mobility impairments, the County board of commissioners
  agreed to relocate court activities to an accessible site
  upon request, if the request is made in a reasonable period
  of time before the scheduled court date.  The County board
  also agreed to publicize its new policy.
  
                              Title III
                                   
  Educational Testing Service, New York, New York -- The
  Educational Testing Service (ETS) and the College Entrance
  Examination Board agreed to provide additional opportunities
  for students with disabilities to take the new version of
  the Scholastic Assessment Text (SAT-I) in the spring of
  1994.  Students had complained that the testing schedule set
  up by ETS and the College Board prevented students with
  disabilities from taking the SAT-I in May or June 1994 even
  though virtually all other students were given those
  opportunities.  Approximately 2,600 students with
  disabilities took an old version of the SAT in March 1994. 
  Under the agreement, ETS will notify them of the opportunity
  to cancel those scores and take the new SAT-I in June 1994.
  
  Motorcycle Mechanics Institute, Phoenix, Arizona -- A
  Phoenix trade school agreed to pay $16,000 to an individual
  with a vision impairment who had been denied admission to
  the program.  The school also agreed to change its policy of
  requiring persons with disabilities to submit additional
  documentation regarding their career goals and proof of
  employability.
  
  Omaha Zoological Society, Omaha, Nebraska -- The Omaha
  Zoological Society, a nonprofit corporation that operates
  and manages the Henry Doorly Zoo, Lied Jungle indoor
  rainforest, and its Treetops Restaurant, agreed to remove
  architectural barriers and to provide auxiliary aids and
  services.  Under the agreement the Society will install a
  wheelchair lift in the Treetops Restaurant; continue to make
  electric scooters available to persons with mobility
  impairments to provide access to the Jungle floor path;
  remove barriers on the Jungle's path; and make modifications
  to restrooms.  In addition, the society will provide a
  variety of auxiliary aids and services, including audiotape
  recordings of the Lied Jungle Trial Guide and information
  about the rainforest contained on signs located throughout
  the jungle.  Staff will be available to serve as guides to
  visitors with visual impairments upon request.
  
  Empire State Building, New York, New York -- The owners and
  operators of the Empire State Building agreed to take wide-
  ranging measures to ensure access to public areas of the
  building.  The agreement mandates changes to the lobby,
  entrance, observation decks, restrooms and telephones, but
  does not cover any privately leased office space in the
  building.  The complaint alleged that the Empire State
  Building was operating in violation of the ADA because its
  owners and operators failed to remove architectural barriers
  where such removal was readily achievable.
  
  Emerald Lanes, Greenwood, South Carolina -- The owners of
  Emerald Lanes, a bowling center, agreed to construct a ramp
  and a new door at the front entrance; build a new,
  accessible unisex restroom and vestibule leading to it; and
  add accessible parking.  The agreement resolved a complaint
  from an individual who uses a wheelchair for mobility who
  could not watch his children participate in a bowling league
  and banquet because the facility was inaccessible.
  
  Marquee Video, Lacey, Washington -- Marquee Video of Lacey,
  Washington, agreed to modify its policy of permitting only
  customers with drivers' licenses to rent videotapes and
  videotape players.  It will now permit people who do not
  drive because of a disability to rent videotapes and tape
  players if they have a non-driver State ID card.
  
  Sardi's Restaurant, New York, New York -- Sardi's Restaurant
  in New York City agreed to resolve a complaint that the
  restaurant's restrooms were inaccessible for persons who use
  wheelchairs or other mobility devices.  Sardi's will install
  an accessible unisex restroom and signage indicating the
  location of the restroom.
  
  Quality Hotel Downtown, Washington, D.C. -- Staff of the
  Quality Hotel Downtown in Washington, D.C., had not
  permitted a guest to use a motorized scooter as a mobility
  device to get to his room. The hotel agreed to pay the
  complainant $10,000 in damages and to train all employees on
  the requirements of the ADA.
  
  Inter-Continental Hotel, New York, New York -- The
  Department entered a wide-ranging formal settlement
  agreement with the Inter-Continental Hotel in midtown New
  York, a member of a chain of prestigious hotels in major
  cities. The hotel will make numerous changes to its 691-room
  facility and procedures over the next five years, including
  removing physical barriers in public areas such as the front
  entrance, lobby, and ballroom, as well as in 21 guest rooms;
  providing television decoders, telephone handset amplifiers,
  visual smoke alarms, and visual door knock and telephone
  indicators in 35 guest rooms; making elevator modifications
  to provide access for persons with vision impairments; and
  modifying reservation and room assignment policies to ensure
  that accessible rooms are made available to those who
  request them. 
  
  Municipal Credit Union, New York, New York -- A branch
  office of the Municipal Credit Union in New York City was
  inaccessible to people with mobility impairments. The Credit
  Union agreed to install a ramp at the entrance, to notify
  its customers of the ramp, to post appropriate signs, and to
  instruct the staff to provide assistance when requested by
  an individual with a disability.
  
     C.  Other settlements
  
     The Department resolves numerous cases without
  litigation or a formal settlement agreement.  In some
  instances, the public accommodation or commercial facility
  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 
                                   
  Access to facilities
  
  	  A Missouri county agreed to install an elevator and
       make other structural modifications to make its
       courthouse accessible. In the interim, it will provide
       alternative means for providing services to individuals
       with disabilities.
  
  	  A Tennessee city agreed to move all city meetings from
       the inaccessible second floor of the town hall to the
       city's accessible library. It also built ramps at two
       entrances to the town hall and remodeled restrooms in
       the town hall and library.
  
  	  Various cities and towns in the East and Midwest agreed
       to install elevators in their city halls/courthouses
       and to undertake other structural actions, such as
       adding ramps and remodeling restrooms and entrances, or
       to make these buildings accessible by moving their
       programs (e.g., town meetings and services) to
       alternative accessible locations.
  
  	  A Washington county installed an intercom on the first
       floor of the courthouse annex so that persons can
       contact offices located on the second floor when they
       need to have the services provided on the first floor. 
  
  	  A New England town agreed to build a roof over the ramp
       leading to its 150-year-old town hall to ensure that
       the ramp does not become blocked by snow.
  
  	  A small town in Oklahoma agreed to formulate and
       enforce a written policy prohibiting the misuse of
       accessible parking spaces at town hall by nondisabled
       town officials.
  
  	  In Iowa, a board of elections agreed to move a polling
       place to an accessible location.
  
  Effective communication
  
  	  A western State department of corrections agreed to
       provide a sign language interpreter for a deaf inmate's
       parole hearing.  
  
  	  A Michigan State district court agreed to provide an
       assistive listening device for an upcoming court date
       for an individual who is hard of hearing.
  
  	  A city in Texas agreed to provide additional
       microphones during city council meetings to ensure more
       effective communication with persons who have hearing
       impairments.
  
  	  A committee of bar examiners of a west coast State
       agreed to allow a severely visually impaired individual
       to use a personal computer with a high resolution
       monitor to take the bar exam.
  
  Policies and procedures
  
  	  A Texas police department agreed to change its policies
       and procedures on public contact after an individual
       with severe physical disabilities was treated in a
       demeaning manner at the scene of an automobile
       accident. The police officer involved received a
       reprimand and was required to attend sensitivity
       training.
  
  	  A State board of law examiners agreed to allow an
       individual extra time (time and one-half over two days)
       to take the State bar examination as an accommodation
       for his learning disability.  In another State, the
       board of law examiners agreed to allow any individual
       with a visual disability to use a personal computer
       during the bar examination. 
  
  	  A west coast State board of behavioral science
       examiners agreed to provide extra time (time and one-
       half) for an individual with a learning disability
       taking the oral examination for licensed clinical
       social worker. 
  
  	  An Arizona police department agreed to allow an
       individual with a mobility impairment to use his
       motorscooter on roads and sidewalks within city limits
       anywhere that conventional wheelchairs are allowed.
  
  	  A State department of corrections agreed to relocate an
       inmate with a disability to a facility 400 miles closer
       to his mother's home so that his mother could visit him
       and monitor his medical condition.
  
  	  Two midwest State prisons agreed to modify security and
       visitation procedures to allow wives with disabilities
       to visit their inmate husbands.
  
  	  A county in Washington State agreed to include
       individuals with disabilities in developing its
       self-evaluation and transition plans.
  
  	  A Pennsylvania county court agreed to provide
       accommodations, including daily transcripts and extra
       time to ask questions, during court proceedings for an
       individual with a learning disability.
  
  Employment
  
  	  A  Tennessee county agreed to separate its medical and
       personnel records, as required by the ADA.
  
  	  A city in Illinois agreed to reinstate an individual
       with epilepsy to his position as custodian.
  
  Title III
                                   
  Access to facilities
  
  	  A Utah bank, an Illinois bowling center, an office
       building, and a Maryland cable television company have
       all agreed to install ramps to make their entrances
       accessible for people who use mobility devices.  The
       bowling center, office building, and cable TV company
       also agreed to provide accessible parking in their
       parking lots.
  
  	  An Illinois bank agreed to install automatic doors at
       its front entrance to make it easier for people with
       visual, manual, and mobility impairments to gain
       access.
  
  	  A national retail chain agreed to provide accessible
       parking at its stores nationwide, and a major rental
       car company agreed to provide accessible parking at a
       major metropolitan airport and to institute valet
       parking service when needed by customers with
       disabilities.
  
  	  A Louisiana fast food restaurant, a Texas grocery
       store, a health care facility, a shopping mall, an
       Oregon shopping center, and a retirement community have
       all agreed to provide accessible parking in their
       parking lots.  The grocery store and shopping center
       also agreed to install the curb ramps that a person who
       uses a wheelchair needs to get from the parking lot to
       the front door.
  
  	  Two other fast food restaurants agreed to relocate
       their accessible parking spaces to make them closer to
       the front door.
  
  	  A California convenience store of a well-known
       franchise agreed to make three of its checkout aisles,
       including one express lane, accessible for people who
       use mobility devices.
  
  	  A credit union agreed to lower an ATM machine to make
       it accessible for persons who use wheelchairs.
  
  	  A health club agreed to install a lift to enable a
       wheelchair user to participate in an arthritis
       rehabilitation program in the club's swimming pool.
  
  	  A 12-theater complex in Colorado agreed to provide
       additional seating throughout its theaters for people
       who use wheelchairs.  
  
  	  A California department store agreed to make its
       restrooms and fitting rooms accessible for people with
       manual or mobility impairments, to lower the height of
       its public telephones and drinking fountains to make
       them accessible for people who use wheelchairs, and to
       upgrade its elevators and install signage to make the
       store accessible for people who have vision
       impairments.
  
  	  A motel in Louisiana agreed to provide accessible
       parking, to make its front desk and lobby restrooms
       accessible, and to make six guest rooms accessible for
       guests with mobility impairments, including converting
       to roll-in showers in two of the rooms.
  
  	  A Louisiana steamboat company agreed to improve
       accessibility for passengers with mobility impairments
       on two of its boats.  It eliminated access barriers in
       its dining and entertainment areas and made its
       restrooms accessible.
  
  	  Organizers of the Mississippi Delta Blues Festival,
       which draws some 10,000 to 20,000 spectators each year,
       took a number of steps to make its parking, seating,
       restrooms, and festival grounds accessible for people
       with disabilities when the 1993 festival was held in
       Greenville, Mississippi.
  
  	  A baseball stadium agreed to make its ticket counters,
       seating, restrooms, and concessions accessible for
       people who have mobility impairments.
  
  Effective communication
  
  	  A variety of public accommodations, including a
       practicing attorney in California, a midwife service, a
       psychiatric hospital in New York, a famous entertainer,
       an alcohol and drug counseling program in Washington,
       D.C., and a program to reduce domestic violence in
       Colorado, have agreed to provide sign language
       interpreters to communicate effectively with clients
       who are deaf or hard of hearing.
  
  	  A hospital agreed to change its policy of providing
       sign language interpreters only for patients and not
       for family members. It provided an interpreter for a
       man who is deaf so that he could attend his wife's
       Lamaze classes and serve as her coach during the birth
       of their child.
  
  	  Several movie theaters in Florida have agreed to
       provide assistive listening devices for patrons who
       have hearing impairments.
  
  	  A famous entertainer, who was performing in New York,
       allowed a man with a hearing impairment to move closer
       to the stage so that he could read the entertainer's
       lips during the concert and provided him with printed
       lyrics for all of the songs to be performed.
  
  	  An Arizona hotel agreed to purchase additional TDD's
       and closed-captioning decoders and to implement a
       better system for responding to guests with hearing
       impairments who request the use of this equipment
       during their stay in the hotel.
  
  Policies and procedures
  
  	  A North Carolina mortgage company agreed to pay damages
       to a complainant who alleged that the company rejected
       his application for refinancing his mortgage loan
       because of his disability. The mortgage company paid to
       the complainant direct expenses that were sustained as
       a result of refinancing his mortgage elsewhere, and
       other damages, with a total payment of $6,000.
  
  	  A national rental car company revised its policy
       relating to cash qualifications for rental car
       customers. Previously, customers who did not have
       credit cards could only rent a car with cash if they
       had a verifiable employment history. A person with a
       disability who was unemployed due to the disability,
       and who did not have a credit card, was denied service
       altogether.  Now customers may complete a written
       application that includes disability-related income as
       an alternative to employment information.
  
  	  A Texas movie theater that had prevented a woman from
       bringing a box of cookies into the theater for her
       diabetic child agreed to modify its policy against
       outside food and beverages by making an exception in
       the case of medical necessity.
  
  	  A bar in Illinois agreed to modify its policy of
       refusing to serve alcohol to customers who appear to be
       drunk based on the way they walk.  A customer who has
       Parkinson's disease had been refused service because
       staff assumed he was drunk due to his unsteady gait
       associated with his disability.
  
  	  A drugstore chain agreed to modify its policy against
       permitting animals in its stores by making an exception
       in the case of service animals such as guide dogs.
  
  	  A famous restaurant in New York City that had turned
       away a customer who was wearing sneakers due to a
       mobility impairment agreed to modify its dress code by
       making an exception when necessary to provide service
       to a person with a disability.
  
  	  A Nevada hotel agreed to offer its barrier-free rooms
       at the same rate as its other rooms, including at those
       times when promotional or special rates are offered.
  
     D.  Investigations
  
     The Department is currently investigating over 900
  complaints against public accommodations and commercial
  facilities under title III.  
  
     In addition, the Department is currently investigating
  nearly 800 complaints against units of State and local
  government under title II.  Seven other Federal agencies are
  also investigating title II complaints and may refer cases
  to the Department of Justice for litigation.  
  
     The Department also has a number of investigations
  underway under title I against public employers. 
  (Enforcement of title I against private employers is handled
  by the EEOC.)  
  
  II.  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 --
  
                Equal Employment Opportunity Commission
         Program Development and Technical Assistance Division
                     Office of Program Operations
                         1801 "L" Street, N.W.
                        Washington, D.C. 20507
  
                                   Title II
  
     Complaints about violations of title II by units of
  State and local government should be filed with --
  
  U.S. Department of Justice
                        Civil Rights Division
                   Coordination and Review Section
                        Post Office Box 66118
                     Washington, D.C. 20035-6118
                       (202) 307-2222 (Voice)
                        (202) 307-2678 (TDD)
                                   
                               Title III
  
     Complaints about violations of title III by public
  accommodations and commercial facilities should be filed
  with --
  
  U.S. Department of Justice
                        Civil Rights Division
                        Public Access Section
                        Post Office Box 66738
                     Washington, D.C. 20035-6738
                                   
  III.  Certification of State and local building codes
  
     The ADA authorizes the Department to certify State or
  local laws or building codes that meet or exceed the ADA's
  accessibility requirements.  This is a voluntary program in
  which States and localities can choose to participate.  In a
  jurisdiction whose law or code has been certified, when a
  new public accommodation or other commercial facility is
  built, or an existing facility is altered or expanded,
  compliance with the local regulations will give the building
  owner and other responsible parties rebuttable evidence of
  compliance with the ADA if the building's accessibility is
  later challenged under the ADA.  
  
     On May 20, 1993, the Department of Justice issued its
  first response to a request for certification of a state
  accessibility code. The letter to the State of Washington
  provided a side-by-side analysis of the State's standards
  and the ADA standards, as a means of providing technical
  assistance to the State in identifying minor areas of
  discrepancy. It was not a formal preliminary determination
  of equivalency or nonequivalency with the Federal
  accessibility standards.
  
     Other requests for certification have been received
  from the City of New York, the State of New Mexico, the
  State of Utah, and the State of Florida.
  
     The Department has also responded to a request for
  technical assistance from the State of New Hampshire and is
  reviewing requests for technical assistance from the Council
  of American Building Officials (CABO) on behalf of the
  American National Standards Institute (ANSI) A117.1
  committee, the Building Officials and Code Administrators
  International (BOCA), and the National Parking Association.
  
  IV.  Technical assistance
  
     The ADA requires the Department of Justice to provide
  technical assistance to entities and individuals with rights
  and responsibilities under the ADA.  The Department
  encourages voluntary compliance by providing education and
  technical assistance to business, industry, government, and
  members of the general public through a variety of means.  
  
     ADA telephone information line
  
     The Department of Justice now provides toll-free "800"
  service for voice callers and TDD callers.  Under its
  expanded hours of operations, operators may be reached from
  11:00 a.m. to 5:00 p.m. (EDT), Monday through Friday (except
  Thursdays, 1:00 p.m. to 5:00 p.m.).  The system has been
  upgraded to accommodate a larger number of callers
  simultaneously and to provide Spanish language service. 
  Callers may hear recorded information and order materials at
  any time day or night.  The information line numbers are:
  
          Nationwide
          1-800-514-0301 (voice)
          1-800-514-0383 (TDD)
          
          Washington, D.C., area
          202-514-0301 (voice)
          202-514-0383 (TDD)
  
     Grants
  
     ADA technical assistance grants are awarded primarily
  to target specialized information to specific audiences. To
  date, $6.5 million in grant funds have been awarded for ADA
  technical assistance projects to 30 organizations.
  
     Publications
  
     Copies of the Department of Justice's regulations for
  titles II and III of the ADA, the ADA Questions and Answers
  booklet, the ADA Handbook (limited quantities available),
  and information about the Department's technical assistance
  grant program can be obtained by calling the telephone
  number listed above or writing to the address listed below.
  These materials are available in standard print, large
  print, Braille, audiotape, and computer disk.  
  
              U.S. Department of Justice
          Civil Rights Division
          Public Access Section
          Post Office Box 66738
          Washington, D.C. 20035-6738
  
     These materials are also available through the
  Department of Justice's ADA electronic bulletin board at
  202-514-6193.
  
     Copies of the Department of Justice's Technical
  Assistance Manuals for titles II and III can be obtained by
  subscription from the Government Printing Office. The
  subscription for the Title II Manual, which includes annual
  supplements through 1996, costs $24. The subscription for
  the Title III Manual with supplements through 1996 costs
  $25. Call the ADA information line to obtain an order form.
  
     Copies of legal documents and settlement agreements
  mentioned in this publication can be obtained by writing to:
  
     Freedom of Information/Privacy Act Branch
     Room 7337
     Civil Rights Division
     U.S. Department of Justice
     Washington, D.C. 20530
  
     Other sources of ADA technical information
  
     The Equal Employment Opportunity Commission offers
  technical assistance to the public concerning title I of the
  ADA.
  
  For ordering documents 1-800-669-3362 (voice)
                         1-800-800-3302 (TDD)
  
  For questions               1-800-669-4000 (voice)
                         TDD: use relay service
  
     The U.S. Department of Transportation offers technical
  assistance to the public concerning the public
  transportation provisions of title II and title III of the
  ADA.
  
  ADA documents and           202-366-1656 (voice)
  general questions           202-366-2979 (TDD)
  
  ADA legal questions              202-366-9306 (voice)
                              202-755-7687 (TDD)
  
  Nat'l Easter Seal Society   202-347-3066 (voice)
  "Project Action" grant      202-347-7385 (TDD)
  
  Air Carrier Act questions   202-376-6406 (voice)
  
     The National Institute on Disability and Rehabilitation
  Research (NIDRR) of the U.S. Department of Education has
  funded centers in ten regions of the country to provide
  technical assistance to the public concerning title I, title
  II, and title III of the ADA.
  
  ADA technical assistance    (800) 949-4232 (voice & TDD)
  
     The Federal Communications Commission offers technical
  assistance to the public concerning title IV.
  
  ADA documents and           202-632-7260 (voice)
  general questions           TDD: use relay service
  
  ADA legal questions              202-634-1808 (voice)
                              202-632-9999 (TDD)
  
  Hearing Aid Compatibility   202-634-7150 (voice)
  Act (HACA) questions        TDD: use relay service

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