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Disability Rights
                                            online              News
U.S. Department of Justice                  NATION’S LARGEST PIZZA HUT
Civil Rights Division                       FRANCHISEE AGREES TO IMPROVE
                                            ACCESSIBILITY AT ITS RESTAURANTS
June 2006
Issue Thirteen
                                                On March 27, 2006, the Department signed a settlement agree-
                                            ment with National Pizza Corporation, International, Inc. (NPC) the
Disability Rights                           largest franchisee of Pizza Hut restaurants in the nation. Under the
Online News                                 agreement, 800 Pizza Hut restaurants in 25 states that are owned
is a bi-monthly update about                or operated by NCP will become more accessible to people with
the Civil Rights Division’s                 disabilities.
activities in the area of                       “Too often, the ease and enjoyment of restaurant dining is not a
disability rights. The Division             reality for individuals with disabilities,” said Wan J. Kim, Assistant
enforces laws prohibiting
                                                                                             (Continued on page 2)
discrimination based on
disability in employment,                   DEPARTMENT UNDERTAKES
housing, access to businesses               MAJOR INITIATIVE TO EDUCATE
serving the public, access to               STATE AND LOCAL LAW ENFORCEMENT
government programs and                     AGENCIES ABOUT THE ADA
services, including voting
and public transportation, and                   The Department recently completed an initiative to help
unconstitutional conditions in              state and local law enforcement agencies understand their
institutions of confinement.                responsibilities under the Americans with Disabilities Act (ADA).
                                            In an outreach mailing to 25,000 police departments, sheriff’s
                                            offices, highway patrols, and other state and local law enforcement
In this Issue:                              agencies throughout the country, Wan J. Kim, Assistant Attorney
                                            General for the Civil Rights Division, offered a variety of free
ADA ............................... 1 - 4   ADA publications and videotapes developed specifically for law
Fair Housing ................... 5 - 7      enforcement audiences.
                                                 “This disability rights initiative demonstrates the Department’s
Rights of
Institutionalized Persons 7 - 8             continuing commitment to help state and local governments
ADA Mediation ............ 8 - 10
                                            – including law enforcement – understand and comply with the
                                            ADA,” said Assistant Attorney General Kim when announcing the
ADA Outreach ............ 10 -11
                                            initiative on May 2, 2006.
                                                 The agencies received information on how to order the
                                            videotape “Police Response to People with Disabilities.”
                                            This video addresses law enforcement situations involving
                                                                                              (Continued on page 2)
Disability Rights Online News
Page 2
         (Pizza Hut, continued)                 (Law Enforcement, continued)

         Attorney General for the Civil         people who have mobility disabilities, mental illnesses,
         Rights Division. “I commend            mental retardation, epilepsy or other seizure disorders, speech
         NPC for their commitment               disabilities, hearing disabilities, or vision disabilities. Intended
         to take the steps necessary to         for roll-call training, the video is divided into eight segments
         make its Pizza Hut restaurants         ranging from 5 1⁄2 to 10 1⁄2 minutes in length.
         accessible. These improvements             The agencies also received two new compliance assistance
         will allow more Americans to           publications – a brochure for officers and a model policy – on how
         participate and enjoy everyday         to communicate effectively with people who are deaf or hard of
         activities with their family and       hearing. Failure to provide effective communication is the most
         friends.”                              frequent complaint the Department receives against law enforcement
              The agreement requires NPC        under the ADA. The mailing explained how to obtain additional
         to: 1) designate or hire a Compli-     copies of these two publications, as well as other materials, from the
         ance Officer who will be trained       ADA Website or the ADA Information Line.
         on the ADA’s accessibility                 In addition, a fully accessible streaming video version of “Police
         requirements; 2) eliminate all         Response to People with Disabilities” is avalable for viewing on the
         barriers that can reasonably and       ADA Website, giving web users immediate access to the video. In
         feasibly be eliminated in facilities   particular, public safety officers whose vehicles are equipped with
         built before the ADA, meeting          Internet access can quickly review the relevant segment for guidance
         criteria set out in the agreement;     when interacting with a person with a disability as a witness, suspect,
         and 3) bring all post-ADA              victim, or person in need of assistance.
         facilities into compliance with            For more information about this initiative, see information for
         the accessibility requirements         law enforcement on the ADA Website (www.ada.gov).
         set out in the ADA Standards for
         Accessible Design. At the 180
         NPC-operated outlets that are          DAY CAMP AGREES
         dedicated solely to delivery and       TO ADMIT CHILDREN WHO HAVE DIABETES
         carry-out, have no in-restaurant
         dining, and are owned by a party           On April 10, 2006, the          she keyed into her electronic
         other than NPC, NPC will make          federal court in Massachusetts      insulin pump the number of
         its best efforts to work with          granted the Department’s            carbohydrates marked on each
         landlords to ensure accessibility.     motion to intervene in Medley v.    item of food provided by her
         NPC will also build all future         Town Sports International, Inc.,    parents for lunch and snacks.
         facilities in compliance with the      a case challenging a summer         The consent order requires the
         ADA Standards for Accessible           day camp’s denial of admission      camp to follow a list of specific
         Design.                                to a child with type-1 diabetes,    practices to accommodate
              To assist NPC in carrying         and entered a joint consent order   children with diabetes and
         out these obligations, on April 4,     filed by the parties on March       also places obligations on the
         2006, the Department conducted         20. The camp had denied the         children’s parents to take certain
         a full day ADA training in             parent’s request that camp          steps to assist the camp in their
         Memphis, Tennessee, for NPC            staff supervise their daughter      responsibilities. The order also
         representatives who will imple-        while she tested her blood          calls for compensatory damages
         ment the agreement.                    glucose level using a small         ($25,000) and civil penalties
                                                automated gauge and while           ($5,000).
Disability Rights Online News
                                                                                                        Page 3




DENTAL OFFICE WILL PROVIDE SIGN                                 THREE FLORIDA
LANGUAGE INTERPRETERS WHEN NEEDED                               GAS STATIONS
                                                                WILL IMPROVE
    On April 17, 2005, the Department entered a settlement ACCESSIBILITY
agreement with Modern Dental Professional, Indiana, P.C., d/b/a FOR CUSTOMERS
Monarch Dental Associates (Modern), resolving a complaint filed WITH DISABILITIES
by a woman on behalf of her husband who is deaf. The complaint
alleged that the wife requested a sign language interpreter when          On March 22, 2006,
she called Modern to schedule a dental appointment for her            the Department entered an
husband, who needed complex and extensive dental services.            agreement with Automated
Modern refused to provide an interpreter. In the agreement,           Petroleum and Energy
Modern agreed to: 1) adopt a new Effective Communication              Company, Inc., the owner
Policy and an Effective Communication Assessment Form; 2)             and operator of three Florida
post a sign in all of its 10 dental offices informing patients that   gas stations with convenience
Modern will provide qualified sign language interpreters when         stores – the Ocala Chevron
necessary for effective communication; and 3) provide mandatory       Station, the Inverness Chevron
training to all of its employees on the ADA and its new Effective     Station, and the Dade City
Communication Policy.                                                 CITCO Station. The complaint
                                                                      alleged that the company had
                                                                      failed to remove numerous
MICHIGAN DEPARTMENT OF HUMAN                                          architectural barriers that
SERVICES AGREES TO PROVIDE                                            prevented or restricted access
SIGN LANGUAGE INTERPRETERS AS NEEDED                                  to the stations by individuals
                                                                      with disabilities, including
    On April 12, 2006, the        to indicate on a revised intake     people who use wheelchairs
Department entered into a         form if a parent has a disability   and people with visual
settlement agreement with         and requires an interpreter for     impairments. The company
the Michigan Department of        effective communication; 3)         agreed to a variety of steps to
Human Services (MDHS)             issue a public notice regarding     remove the barriers, including
resolving two complaints          Title II’s applicability to         adding van-accessible
filed by deaf parents who         MDHS; 4) update its hotline         parking spaces; reconfiguring
alleged that MDHS had             numbers, its website, and           entrances; rearranging
refused to provide them with      other pertinent literature to       furniture to provide accessible
interpreters when they were       include a TTY number and the        aisles; and providing
interviewed by MDHS case          Michigan Relay number; and          accessible restrooms by
workers during child abuse        5) train its 150 managers and       widening doorways, adjusting
and neglect investigations        9,000 employees annually on         the height of lavatories and
involving their children.         the ADA and its requirement         dispensers, and installing grab
MDHS agreed to: 1) adopt a        to provide interpreters when        bars and accessible hardware.
new Effective Communication       necessary for effective
Policy; 2) require case workers   communication.
Disability Rights Online News
Page 4




         ASSISTANT ATTORNEY GENERAL                                    FLORIDA TAXI
         HOSTS BUSINESS AND                                            COMPANY AGREES
         DISABILITY LEADERS IN CHICAGO                                 TO TRANSPORT
                                                                       PASSENGERS
           On April 27, 2006, Assistant Attorney General Kim hosted an WITH SERVICE
         ADA Business Connection meeting with 48 leaders of Chicago ANIMALS
         business and disability organizations. The meeting, co-hosted by
         Rick Waddell, President and COO, Northern Trust Corporation,                On March 27, 2006, the
         and Marca Bristo, President and CEO, Access Living, focused             Department signed an agree-
         on the many benefits of accessibility for both businesses and           ment with City Cab Company
         customers with disabilities. The featured speaker, Don Thompson,        of Crestview, Florida, resolving
         Executive Vice President and COO, McDonald’s USA, presented             a complaint alleging that the
         a persuasive case for developing a corporate culture and resulting      company had denied taxi service
         business strategies that always include customers and employees         to a blind passenger because the
         with disabilities. Discussion centered around accessibility issues      passenger was accompanied by a
         in Chicago’s retail, hospitality, and cultural organizations as well    service animal. City Cab agreed
         as the city’s resources to affect favorable change for people with      to adopt a policy requiring all
         disabilities and businesses.                                            drivers to transport individuals
                                                                                 accompanied by service animals
                                                                                 and to provide the complainant
         COMMERCIAL LANDLORD SUED                                                with complimentary taxi services
         FOR REFUSING TO LEASE                                                   for a period of one year.
         TO A NONPROFIT ORGANIZATION
         SERVING PEOPLE WITH DISABILITIES

             On March 15, 2006, the          and developmental disabilities.     the existing tenant’s objection,
         Department entered a consent        Sinergia’s habilitation program     Kaufman informed Sinergia that
         decree with The Kaufman             assists in the development of       it would lease the space only if
         Organization, a New York            social, recreational, vocational,   Sinergia agreed to use the space
         property management company,        and employment skills.              exclusively for its administrative
         resolving an allegation of              According to the complaint,     offices and not use any part
         discrimination in commercial        after Sinergia expressed its        of the space to operate its day
         leasing. The Department             interest in leasing available       habilitation program. Sinergia
         alleged that the landlord had       space on the second floor of a      was forced to seek alternative
         refused to lease available          34th Street building, and after     space elsewhere and ultimately
         space in a building to Sinergia,    Kaufman sent Sinergia a draft       accepted less desirable space in
         Inc., a nonprofit organization      of a lease for that space, an       another building.
         dedicated to serving low-income     existing tenant in the building         Under the consent decree,
         individuals with disabilities and   objected to Sinergia’s tenancy      Kaufman agreed to pay
         their families, because Sinergia    because of the use Sinergia         $175,000 in compensatory
         planned to use the space to run     intended to make of the space.      damages to Sinergia.
         a day habilitation program for      The complaint alleges that,
         adults with mental retardation      shortly after being notified of
Disability Rights Online News
                                                                                                                   Page 5




MULTI-FAMILY HOUSING ACCESS FORUM IN ATLANTA
DRAWS LARGE TURNOUT

      On May 16, 2006, in                                                       housing professionals, they
Atlanta, Georgia, Deputy                                                        succeeded in developing
Assistant Attorney General                                                      accessible – and profitable
Grace Chung Becker hosted the                                                   – multi-family housing
Civil Rights Division’s third                                                   complexes. These speakers
Multi-Family Housing Access                                                     demonstrated, from their
Forum program. Launched                                                         different perspectives, how
l a s t y e a r, t h e p r o g r a m ’s                                         private housing developers can
objective is to help building             Deputy Assistant Attorney             successfully meet the needs
professionals understand their            General Grace Chung Becker            of customers with disabilities
                                          speaking at the Access Forum
legal obligations under the                                                     while maintaining profitable
federal Fair Housing Act’s                accessible to persons with            enterprises.
accessibility requirements and            disabilities as a result of settle-       For more information
to celebrate partnerships that            ments in fiscal year 2005 alone       and to see photos from the
have successfully produced                – lawsuits cannot and should          forum, go to www.usdoj.gov/
accessible multi-family                   not be the only approach to           fairhousing. The next forum
housing in which everyone                 Fair Housing Act enforcement.         will be held in another major
profits – developers and                  Achieving compliance at the           city in the fall of 2006. The
consumers alike. The theme of             design and planning stages is         previous forum was held in
the Atlanta event was “Good               a more timely and cost effec-         Dallas in November 2005.
Access is Good Business,”                 tive means of ensuring that the
and the program was attended              housing needs of persons with
by over 120 developers                    disabilities are met.
and building professionals,                   The program also featured
government officials, and                 two speakers: Dr. Gary R.
individuals with disabilities             Ulicny, the President and CEO
and those who work on their               of Shepherd Center, a 120-
behalf.                                   bed hospital in Atlanta, that
      In her opening remarks,             specializes in the treatment
Ms. Chung Becker discussed                of persons with spinal cord
the need for accessible multi-            injuries, brain injuries, and         Dr. Gary R. Ulicny, President of
family housing, pointing out              other neuromuscular disorders;        Sheperd Center, with Deputy
that more than 50 million                 and Margaret Shaw, partner            Assistant Attorney General
                                                                                Grace Chung Becker
Americans, or 18 percent of               at Tekoa Pa r t ners, Ltd., a
our population, live with some            d evelo p e r of m a r ket r a t e
form of disability. She empha-            and affordable multi-family
sized that although the Civil             housing based in Austin, Texas.
Rights Division has obtained              These speakers described how,
great results – 12,000 housing            through partnerships between
units in 17 states are to be made         disability organizations and
Disability Rights Online News
Page 6




         HOUSING AUTHORITY AND OTHERS TO PAY
         $125,000 TO SETTLE DISABILITY LAWSUIT

             On April 4, 2006, the settlement of the Department’s           Limerick, and the 39 ground
         disability-discrimination lawsuit against the owners and           floor units at Lakeview
         managers of the Westminster Square Apartments, in San Antonio,     Apartments in Royerstown
         Texas, was approved by the federal court. The Department had       lack accessible features
         alleged that the defendants – the Housing Authority of the City    required by the Fair Housing
         of San Antonio, the San Antonio Housing Facility Corporation,      Act. The Department also
         Pat Matherly, and the Pilgrim Allena Housing Development           alleged that the public and
         Corporation Occupancy – violated the Fair Housing Act              common use areas of these
         when they refused repeated requests by Antonio and Josefina        complexes lack required
         Maldonado to transfer to a first floor apartment. Antonio          accessible features, and that
         Maldonado, a double leg amputee who uses a wheelchair, and         the rental offices of these
         his wife Josefina Maldonado, who is also disabled, asked on        complexes lack the accessible
         several occasions to move from their third floor unit to a first   features required by the
         floor unit so that they would not be dependent on the elevators    Americans with Disabilities
         and would not have to travel as far to get to their apartment.     Act.
         The complaint alleged that the defendants denied the requests          S p e c i f i c a l l y, t h e
         despite the availability of two apartments on the first floor.     Department alleges that the
             The settlement requires the defendants to transfer the         public and common use areas
         Maldonados to a first floor apartment, to pay $125,000 in          and rental offices are not
         damages and attorneys’ fees to the Maldonados and the Fair         readily accessible to and usable
         Housing Council of Greater San Antonio, a fair housing             by people with disabilities;
         organization that assisted them, to implement a comprehensive      doors in the ground floor units
         reasonable accommodation policy, to attend fair housing            are not wide enough to allow
         training, and to comply with other injunctive relief.              passage for a person who
                                                                            uses a wheelchair; accessible
                                                                            routes within covered units
         DEPARTMENT SUES DEVELOPERS,                                        are not provided; bathroom
         ARCHITECTS, AND ENGINEERS                                          walls lack reinforcement for
         OF PHILADELPHIA-AREA APARTMENTS                                    the later installation of grab
                                                                            bars; bathrooms and kitchens
            On March 31, 2006, the          ground floor units at Abram’s   are not wide enough to permit
         Department filed a federal         Run Apartments in King of       use of a wheelchair; and
         lawsuit alleging disability        Prussia, the 79 ground floor    environmental controls and
         discrimination by the              units at Henderson Square       outlets are not in accessible
         developers, architects, and        Apartments I and II also        locations. The suit seeks
         engineers of six multi-family      in King of Prussia, the 87      injunctive relief, monetary
         residential complexes in           ground floor units at Fox       damages for those harmed by
         the Philadelphia area. The         Ridge Apartments and Fox        the lack of accessibility, and
         Department alleges that the 95     Ridge Lakeside Apartments in    civil penalties.
Disability Rights Online News
                                                                                                       Page 7




ILLINOIS COURT AGREES
TO LET FAIR HOUSING LAWSUIT PROCEED

    On March 6, 2006, a federal court in Chicago, Illinois,         filed in the United States
denied the defendant’s motion to dismiss the Department’s           District Court for the Central
Fair Housing Act lawsuit against the Village of South Elgin.        District of California and
The Department alleges that the municipality discriminated          will be supervised by a court-
against Unity House, a “sober home” providing a supportive          appointed monitor.
environment for recovering alcoholics and drug users,                   “Individuals in the care
by denying it a permit to house up to nine residents. The           of the State are entitled to
Department alleges that the Village Board’s actions were taken      be safe and provided with
on account of the disability of the residents, and that they        adequate services to promote
amounted to a failure to make a reasonable accommodation.           their mental health and
    The defendants moved to dismiss the lawsuit on the grounds      rehabilitation,” said Wan
that, in seeking a reasonable accommodation, Unity House            J. Kim, Assistant Attorney
had not complied with the procedural requirements of state          General for the Civil Rights
zoning law. In denying the motion, the court agreed with the        Division. “We applaud the
Department that even assuming this to be true, the Department       leadership of state officials
could still prevail under an intentional discrimination theory,     in acting promptly to remedy
and whether Unity House complied with the state law involves        the problems and implement
disputed issues of fact. The order is posted at http://www.usdoj.   the reforms embodied in the
gov/crt/housing/documents/elginorderdenied1.pdf.                    agreement.”
                                                                        “A mental health patient in
                                                                    many ways is more vulnerable
DEPARTMENT REACHES AGREEMENT                                        than other citizens, and
WITH FOUR CALIFORNIA STATE HOSPITALS                                therefore particularly needs
TO IMPROVE CONDITIONS                                               to be protected from undue
                                                                    harm,” said United States
 On May 2, 2006, the              in San Luis Obispo – provide      Attorney Debra Wong Yang.
Department announced a            inpatient psychiatric care to     “The settlement will lead these
settlement with the State of      nearly five thousand people       well-known and often-used
California regarding conditions   committed to the hospitals.       hospitals to enact sweeping
at four state hospitals serving       The extensive reforms         changes that will improve the
individuals with mental           required by the five-year         lives of hundreds of patients.”
disabilities from around the      agreement will ensure that            T h e D e p a r t m e n t ’s
state. The four hospitals         individuals in the hospitals      four-year investigation
– Metropolitan State Hospital     are adequately protected          under the Civil Rights of
in Los Angeles, Napa State        from harm and are provided        Institutionalized Persons Act
Hospital in Napa, Patton State    adequate services to support      revealed significant civil
Hospital in San Bernardino,       their recovery and mental         rights violations at each of the
and Atascadero State Hospital     health. The agreement was         hospitals. The Department
Disability Rights Online News
Page 8
         (State Hospitals, continued)

         found a pattern and practice
         of preventable suicides and          ADA MEDIATION HIGHLIGHTS
         serious, life threatening
         assaults on residents by staff            The ADA Mediation                 $8,000 in compensation to the
         and other residents. Care            Program is a Department-               complainant, and to pay the
         p r o v i d ed at the hospitals      sponsored initiative intended          complainant’s legal fees of
         departed substantially               to resolve ADA complaints in           $20,000.
         from generally accepted              an efficient manner. Mediation
         professional standards, and          cases are initiated upon                   In Minnesota, a person
         individuals were not served          referral by the Department             who is deaf complained that a
         in the most integrated settings      when both the complainant              doctor’s office failed to provide
         appropriate to their needs           and the respondent agree to            sign language interpreter
         and the requirements of              participate. The program               services for an appointment.
         court-ordered confinements,          utilizes professional mediators        The doctor agreed to provide
         in violation of the Americans        who are trained in the legal           interpreters when necessary
         with Disabilities Act. The           requirements of the ADA                and added telephone numbers
         State has agreed to address          and has proven effective in            of interpreters to the office
         and correct all of the violations    resolving complaints at less           telephone roster. The doctor
         identified by the Department.        cost and in less time than             also disciplined the employee
              The Department has              traditional investigations or          who refused to provide the
         successfully resolved similar        litigation. Over 75% of all            interpreter and apologized to
         investigations of other mental       complaints mediated have               the complainant.
         health facilities in North           been settled successfully.
         Carolina, New York, Hawaii,                                                    In Mississippi, a man who
         and Tennessee. The California           In this issue, we highlight         uses a wheelchair complained
         settlement is available online.      complaints against health              that a medical laboratory
                                              care providers that have been          was inaccessible and so it
                                              successfully mediated.                 conducted his outpatient lab
                                                                                     work in the waiting room
                                                  In California, the mother          in front of other patients.
                                              of an adolescent with Down             The hospital that owns the
                                              Syndrome complained that               laboratory agreed to alter a
                                              a physical therapy provider            room to provide accessible
                                              refused to serve her child             private and confidential
                                              because of his disability.             laboratory services to patients
                                              The respondent agreed to               who use wheelchairs.
                                              conduct ADA training at all
                                              of its affiliated companies,           In Georgia, a deaf
                                              to establish a central hotline individual complained that
                                              t o a d d r e s s a n y f u t u r e a d o c t o r ’s o ff i c e r e f u s e d
                                              complaints quickly, to pay to provide a sign language
Disability Rights Online News
                                                                                                                         Page 9
(ADA Mediation, continued)

interpreter for an appointment.      persons who are deaf and               at the entrance, appropriate
The office agreed to provide         hard of hearing, including             signage designating accessible
appropriate auxiliary aids           contact information for local          parking, and grab bars in the
and entered into a contract          interpreters.                          rest room and exam room.
with an interpreting service.
In addition, the office posted           I n N o r t h C a ro l i n a , a       In Michigan, a woman
signage indicating that              person who uses a wheelchair           who is deaf complained that
assistance will be provided to       complained that the interior           a d o c t o r ’s o ff i c e r e f u s e d
persons with disabilities upon       of an eye doctor ’s office             to provide a sign language
request.                             was inaccessible. The office           interpreter for an appointment,
                                     agreed to widen the doorway            instead requiring her to bring
    In Pennsylvania, a               between the examination                a family member to serve as
person who uses a wheelchair         room and the hallway, remove           an interpreter. The doctor
complained that the entrance         protruding cabinet doors in the        agreed to provide effective
to a doctor’s office was not         examination room to provide            communication, including sign
accessible. While the parties        additional maneuvering space,          language interpreter services,
agreed that it was not readily       and remove chairs from the             for appointments. The doctor
achievable to remove the             hallway and examination                also agreed to instruct staff on
barriers to this office, the         rooms.                                 procedures on how to respond
doctor agreed to install a ramp                                             to a request for sign language
at the entrance of his second             In Florida, a person who          interpreter services.
office. He agreed to inform           is deaf alleged that a doctor’s
people with disabilities of the       office did not provide effective          In California, a person
location of his second office         communication during an               who uses a service animal
and to reimburse them for any         office visit. The doctor’s office     complained that she was denied
extra transportation costs.           developed and implemented             access to the examination room
                                      a written policy for all office       in a doctor’s office because
     A deaf couple in Nevada staff members outlining the                    the staff believed that the area
complained that a health care procedure for providing sign                  would be contaminated by
provider in a remote area did language interpreter services                 the dog. The doctor modified
not provide a sign language when needed.                                    the office policy to allow
interpreter for an appointment.                                             service animals access to the
The doctor agreed to provide              In Georgia, a person who          examination room.
interpreters when requested uses a wheelchair complained
a n d t h e p a r t i e s w o r k e d that a doctor ’s office was                In Nevada, a person
together to identify potential i n a c c e s s i b l e b e c a u s e i t    who is deaf complained
interpreters in the area. In lacked a ramp, an accessible                   t h a t a d e n t i s t ’s o f f i c e
addition, the doctor agreed to restroom, and an accessible                  refused to provide effective
write a letter to all the other exam room. The landlord                     communication during an
medical practitioners in the and tenant worked together                     o ff i c e v i s i t . T h e d e n t i s t
area about how to provide to resolve the complaint and                      agreed to institute a policy
effective communication to installed a new concrete ramp                    ensuring compliance with the
Disability Rights Online News
Page 10
          (ADA Mediation, continued)

          ADA and to attend training on       language interpreter for an
          both the requirements of the        initial visit. The physician’s                     On April 10-12, Division
          ADA and disability awareness.       o ff i c e a g r e e d t o p r o v i d e       staff conducted three
          She also agreed to join with        interpreters and other auxiliary               workshops at the National
          a disability rights lawyer in       aids for patients when needed                  ADA Symposium and EXPO
          conducting four presentations       and further agreed that, if                    in St. Louis, Missouri. The
          for professional organizations      a patient requires an urgent                   first session outlined the
          on the ADA and dentists,            referral to a specialist or                    responsibilities of an ADA
          wrote a letter of apology to        h o s p i t a l , t h e p h y s i c i a n ’s   C o o r d i n a t o r, t h e s e c o n d
          the complainant, and agreed         office will coordinate efforts                 provided an update on the
          to pay the complainant $100.        to ensure that the auxiliary aid               Division’s ADA activities, and
                                              needed by the patient will be                  the third provided an overview
              In Pennsylvania, a person       provided.                                      of Project Civic Access and
          filed a complaint on behalf                                                        other Department initiatives.
          of her grandmother who is                      In Virginia, a person who           Sponsored by the 10 Regional
          a wheelchair user, alleging               uses a wheelchair complained             ADA & IT Centers and
          that a doctor’s office failed to          that a medical center refused            hosted by the Great Plains
          provide accessible parking.               to treat her during a scheduled          Center, the conference was
          The doctor agreed to restripe             appointment because they said            attended by more than 500
          the parking lot to create                 they could not lift her onto the         people, including state and
          accessible parking and to                 examining table. The medical             local government officials,
          create an accessible path of              center completed a survey of             persons with disabilities,
          travel from the parking lot to            current examination tables and           business owners, attorneys and
          the office.                               developed a capital budget and           architects.
                                                    timeline to purchase accessible
               In Illinois, a person who exam tables. It also provided                  On April 17 and 18,
          is deaf complained that a t r a i n i n g t o s t a ff o n A D A Division staff made three
          medical specialist’s office requirements.                                  presentations at Ohio State
          refused to provide a sign                                                  University’s annual conference
                                                                                     on Multiple Persp e c t i v e s
                                                                                     on Access, Inclusion, and
          RECENT OUTREACH ACTIVITIES                                                 Disability, held in Columbus,
                                                                                     Ohio. One session addressed
               On March 29-31, Division providing an overview of how a law school class project
          staff made three presentations the requirements of the ADA led to both the founding of
          at “The Road Ahead,” the and section 504 in higher an advocacy law center and
          a n n u a l c o n f e r e n c e o f t h e education, and participated in a career in public service.
          A s s o c i a t i o n f o r H i g h e r two break-out sessions – a case A second session, “Justice
          E d u c a tion and Disability law update and an overview in Higher Education,” co-
          Virginia, held in Roanoke, of the Justice Department’s presented with the president of
          Virginia. Staff co-presented compliance reviews.                           Disability Access Information
          at a pre-conference session,                                               and Support (DAIS), addressed
Disability Rights Online News
                                                                                                                     Page 11
(Outreach, continued)

t h e D e p a r t m e n t ’s r o l e i n   audience of architects, city               On April 24 through 27,
access to higher education.                planners, disability advocates,        Division staff made several
The third, “Where to Tell                  local civil rights enforcement         presentations at the conference
Your Story,” provided an                   officials, and others at Stetson       of the National Association
overview of various agencies’              University in Tampa, Florida.          of ADA Coordinators in
responsibilities and included              This training followed a one-          Phoenix, Arizona. Topics
a question and answer session              day training on accessibility          of these presentations were:
with representatives of EEOC,              requirements under the Fair            Understanding the ABC’s for
the Department of Education,               Housing Act. Together, the             Accessibility Compliance;
the Department of Health and               sessions were sponsored by the         Practical Strategies to Avoid
Human Services, and the Ohio               Department of Housing and              Accessibility Charges and
Civil Rights Commission.                   Urban Development as part of           Litigation; Blueprints and
                                           its celebration of April as Fair       Best Practices for ADA
    On April 19, Division                  Housing Month. Both sessions           Coordinators; Emergency
staff conducted training                   were geared towards recovery           Management Major Emerging
through a webcast sponsored                after a hurricane, flood, or           ADA Issue; Issues in Title I
by the Independent Living                  other natural disaster.                Enforcement; and an update
R e s e a r c h U t i l i z a t i o n ’s                                          on the Section’s enforcement
Disability Law Resource                         O n A p r i l 2 1 - 2 3 , t h e activities under titles I, II, and
Project, a grant project funded            D i v i s i o n s t a ff e d a n A D A III of the ADA.
by the National Institute on               booth at the Abilities Expo
Disability and Rehabilitation              Conference in Edison, New
Research. The presentation                 J e r s e y. S t a f f a n s w e r e d
provided information on the                questions and disseminated
Department’s Project Civic                 ADA information to the
Access, an initiative designed             conference’s 6000 attendees.
to increase the accessibility to
local government programs                    On April 23 -26, the
and facilities for persons with Division staffed a booth and
disabilities.                            provided ADA technical
                                         assistance at the First Annual
    On April 22, Division Conference of the National
staff conducted an all-day Organization of Hispanics
training entitled “Rebuilding In Law Enforcement, held in
Communities: Accessibility Albuquerque, New Mexico.
Requirements Under the
ADA and Section 504” to an

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Pdf Exemplo

  • 1. Disability Rights online News U.S. Department of Justice NATION’S LARGEST PIZZA HUT Civil Rights Division FRANCHISEE AGREES TO IMPROVE ACCESSIBILITY AT ITS RESTAURANTS June 2006 Issue Thirteen On March 27, 2006, the Department signed a settlement agree- ment with National Pizza Corporation, International, Inc. (NPC) the Disability Rights largest franchisee of Pizza Hut restaurants in the nation. Under the Online News agreement, 800 Pizza Hut restaurants in 25 states that are owned is a bi-monthly update about or operated by NCP will become more accessible to people with the Civil Rights Division’s disabilities. activities in the area of “Too often, the ease and enjoyment of restaurant dining is not a disability rights. The Division reality for individuals with disabilities,” said Wan J. Kim, Assistant enforces laws prohibiting (Continued on page 2) discrimination based on disability in employment, DEPARTMENT UNDERTAKES housing, access to businesses MAJOR INITIATIVE TO EDUCATE serving the public, access to STATE AND LOCAL LAW ENFORCEMENT government programs and AGENCIES ABOUT THE ADA services, including voting and public transportation, and The Department recently completed an initiative to help unconstitutional conditions in state and local law enforcement agencies understand their institutions of confinement. responsibilities under the Americans with Disabilities Act (ADA). In an outreach mailing to 25,000 police departments, sheriff’s offices, highway patrols, and other state and local law enforcement In this Issue: agencies throughout the country, Wan J. Kim, Assistant Attorney General for the Civil Rights Division, offered a variety of free ADA ............................... 1 - 4 ADA publications and videotapes developed specifically for law Fair Housing ................... 5 - 7 enforcement audiences. “This disability rights initiative demonstrates the Department’s Rights of Institutionalized Persons 7 - 8 continuing commitment to help state and local governments ADA Mediation ............ 8 - 10 – including law enforcement – understand and comply with the ADA,” said Assistant Attorney General Kim when announcing the ADA Outreach ............ 10 -11 initiative on May 2, 2006. The agencies received information on how to order the videotape “Police Response to People with Disabilities.” This video addresses law enforcement situations involving (Continued on page 2)
  • 2. Disability Rights Online News Page 2 (Pizza Hut, continued) (Law Enforcement, continued) Attorney General for the Civil people who have mobility disabilities, mental illnesses, Rights Division. “I commend mental retardation, epilepsy or other seizure disorders, speech NPC for their commitment disabilities, hearing disabilities, or vision disabilities. Intended to take the steps necessary to for roll-call training, the video is divided into eight segments make its Pizza Hut restaurants ranging from 5 1⁄2 to 10 1⁄2 minutes in length. accessible. These improvements The agencies also received two new compliance assistance will allow more Americans to publications – a brochure for officers and a model policy – on how participate and enjoy everyday to communicate effectively with people who are deaf or hard of activities with their family and hearing. Failure to provide effective communication is the most friends.” frequent complaint the Department receives against law enforcement The agreement requires NPC under the ADA. The mailing explained how to obtain additional to: 1) designate or hire a Compli- copies of these two publications, as well as other materials, from the ance Officer who will be trained ADA Website or the ADA Information Line. on the ADA’s accessibility In addition, a fully accessible streaming video version of “Police requirements; 2) eliminate all Response to People with Disabilities” is avalable for viewing on the barriers that can reasonably and ADA Website, giving web users immediate access to the video. In feasibly be eliminated in facilities particular, public safety officers whose vehicles are equipped with built before the ADA, meeting Internet access can quickly review the relevant segment for guidance criteria set out in the agreement; when interacting with a person with a disability as a witness, suspect, and 3) bring all post-ADA victim, or person in need of assistance. facilities into compliance with For more information about this initiative, see information for the accessibility requirements law enforcement on the ADA Website (www.ada.gov). set out in the ADA Standards for Accessible Design. At the 180 NPC-operated outlets that are DAY CAMP AGREES dedicated solely to delivery and TO ADMIT CHILDREN WHO HAVE DIABETES carry-out, have no in-restaurant dining, and are owned by a party On April 10, 2006, the she keyed into her electronic other than NPC, NPC will make federal court in Massachusetts insulin pump the number of its best efforts to work with granted the Department’s carbohydrates marked on each landlords to ensure accessibility. motion to intervene in Medley v. item of food provided by her NPC will also build all future Town Sports International, Inc., parents for lunch and snacks. facilities in compliance with the a case challenging a summer The consent order requires the ADA Standards for Accessible day camp’s denial of admission camp to follow a list of specific Design. to a child with type-1 diabetes, practices to accommodate To assist NPC in carrying and entered a joint consent order children with diabetes and out these obligations, on April 4, filed by the parties on March also places obligations on the 2006, the Department conducted 20. The camp had denied the children’s parents to take certain a full day ADA training in parent’s request that camp steps to assist the camp in their Memphis, Tennessee, for NPC staff supervise their daughter responsibilities. The order also representatives who will imple- while she tested her blood calls for compensatory damages ment the agreement. glucose level using a small ($25,000) and civil penalties automated gauge and while ($5,000).
  • 3. Disability Rights Online News Page 3 DENTAL OFFICE WILL PROVIDE SIGN THREE FLORIDA LANGUAGE INTERPRETERS WHEN NEEDED GAS STATIONS WILL IMPROVE On April 17, 2005, the Department entered a settlement ACCESSIBILITY agreement with Modern Dental Professional, Indiana, P.C., d/b/a FOR CUSTOMERS Monarch Dental Associates (Modern), resolving a complaint filed WITH DISABILITIES by a woman on behalf of her husband who is deaf. The complaint alleged that the wife requested a sign language interpreter when On March 22, 2006, she called Modern to schedule a dental appointment for her the Department entered an husband, who needed complex and extensive dental services. agreement with Automated Modern refused to provide an interpreter. In the agreement, Petroleum and Energy Modern agreed to: 1) adopt a new Effective Communication Company, Inc., the owner Policy and an Effective Communication Assessment Form; 2) and operator of three Florida post a sign in all of its 10 dental offices informing patients that gas stations with convenience Modern will provide qualified sign language interpreters when stores – the Ocala Chevron necessary for effective communication; and 3) provide mandatory Station, the Inverness Chevron training to all of its employees on the ADA and its new Effective Station, and the Dade City Communication Policy. CITCO Station. The complaint alleged that the company had failed to remove numerous MICHIGAN DEPARTMENT OF HUMAN architectural barriers that SERVICES AGREES TO PROVIDE prevented or restricted access SIGN LANGUAGE INTERPRETERS AS NEEDED to the stations by individuals with disabilities, including On April 12, 2006, the to indicate on a revised intake people who use wheelchairs Department entered into a form if a parent has a disability and people with visual settlement agreement with and requires an interpreter for impairments. The company the Michigan Department of effective communication; 3) agreed to a variety of steps to Human Services (MDHS) issue a public notice regarding remove the barriers, including resolving two complaints Title II’s applicability to adding van-accessible filed by deaf parents who MDHS; 4) update its hotline parking spaces; reconfiguring alleged that MDHS had numbers, its website, and entrances; rearranging refused to provide them with other pertinent literature to furniture to provide accessible interpreters when they were include a TTY number and the aisles; and providing interviewed by MDHS case Michigan Relay number; and accessible restrooms by workers during child abuse 5) train its 150 managers and widening doorways, adjusting and neglect investigations 9,000 employees annually on the height of lavatories and involving their children. the ADA and its requirement dispensers, and installing grab MDHS agreed to: 1) adopt a to provide interpreters when bars and accessible hardware. new Effective Communication necessary for effective Policy; 2) require case workers communication.
  • 4. Disability Rights Online News Page 4 ASSISTANT ATTORNEY GENERAL FLORIDA TAXI HOSTS BUSINESS AND COMPANY AGREES DISABILITY LEADERS IN CHICAGO TO TRANSPORT PASSENGERS On April 27, 2006, Assistant Attorney General Kim hosted an WITH SERVICE ADA Business Connection meeting with 48 leaders of Chicago ANIMALS business and disability organizations. The meeting, co-hosted by Rick Waddell, President and COO, Northern Trust Corporation, On March 27, 2006, the and Marca Bristo, President and CEO, Access Living, focused Department signed an agree- on the many benefits of accessibility for both businesses and ment with City Cab Company customers with disabilities. The featured speaker, Don Thompson, of Crestview, Florida, resolving Executive Vice President and COO, McDonald’s USA, presented a complaint alleging that the a persuasive case for developing a corporate culture and resulting company had denied taxi service business strategies that always include customers and employees to a blind passenger because the with disabilities. Discussion centered around accessibility issues passenger was accompanied by a in Chicago’s retail, hospitality, and cultural organizations as well service animal. City Cab agreed as the city’s resources to affect favorable change for people with to adopt a policy requiring all disabilities and businesses. drivers to transport individuals accompanied by service animals and to provide the complainant COMMERCIAL LANDLORD SUED with complimentary taxi services FOR REFUSING TO LEASE for a period of one year. TO A NONPROFIT ORGANIZATION SERVING PEOPLE WITH DISABILITIES On March 15, 2006, the and developmental disabilities. the existing tenant’s objection, Department entered a consent Sinergia’s habilitation program Kaufman informed Sinergia that decree with The Kaufman assists in the development of it would lease the space only if Organization, a New York social, recreational, vocational, Sinergia agreed to use the space property management company, and employment skills. exclusively for its administrative resolving an allegation of According to the complaint, offices and not use any part discrimination in commercial after Sinergia expressed its of the space to operate its day leasing. The Department interest in leasing available habilitation program. Sinergia alleged that the landlord had space on the second floor of a was forced to seek alternative refused to lease available 34th Street building, and after space elsewhere and ultimately space in a building to Sinergia, Kaufman sent Sinergia a draft accepted less desirable space in Inc., a nonprofit organization of a lease for that space, an another building. dedicated to serving low-income existing tenant in the building Under the consent decree, individuals with disabilities and objected to Sinergia’s tenancy Kaufman agreed to pay their families, because Sinergia because of the use Sinergia $175,000 in compensatory planned to use the space to run intended to make of the space. damages to Sinergia. a day habilitation program for The complaint alleges that, adults with mental retardation shortly after being notified of
  • 5. Disability Rights Online News Page 5 MULTI-FAMILY HOUSING ACCESS FORUM IN ATLANTA DRAWS LARGE TURNOUT On May 16, 2006, in housing professionals, they Atlanta, Georgia, Deputy succeeded in developing Assistant Attorney General accessible – and profitable Grace Chung Becker hosted the – multi-family housing Civil Rights Division’s third complexes. These speakers Multi-Family Housing Access demonstrated, from their Forum program. Launched different perspectives, how l a s t y e a r, t h e p r o g r a m ’s private housing developers can objective is to help building Deputy Assistant Attorney successfully meet the needs professionals understand their General Grace Chung Becker of customers with disabilities speaking at the Access Forum legal obligations under the while maintaining profitable federal Fair Housing Act’s accessible to persons with enterprises. accessibility requirements and disabilities as a result of settle- For more information to celebrate partnerships that ments in fiscal year 2005 alone and to see photos from the have successfully produced – lawsuits cannot and should forum, go to www.usdoj.gov/ accessible multi-family not be the only approach to fairhousing. The next forum housing in which everyone Fair Housing Act enforcement. will be held in another major profits – developers and Achieving compliance at the city in the fall of 2006. The consumers alike. The theme of design and planning stages is previous forum was held in the Atlanta event was “Good a more timely and cost effec- Dallas in November 2005. Access is Good Business,” tive means of ensuring that the and the program was attended housing needs of persons with by over 120 developers disabilities are met. and building professionals, The program also featured government officials, and two speakers: Dr. Gary R. individuals with disabilities Ulicny, the President and CEO and those who work on their of Shepherd Center, a 120- behalf. bed hospital in Atlanta, that In her opening remarks, specializes in the treatment Ms. Chung Becker discussed of persons with spinal cord the need for accessible multi- injuries, brain injuries, and Dr. Gary R. Ulicny, President of family housing, pointing out other neuromuscular disorders; Sheperd Center, with Deputy that more than 50 million and Margaret Shaw, partner Assistant Attorney General Grace Chung Becker Americans, or 18 percent of at Tekoa Pa r t ners, Ltd., a our population, live with some d evelo p e r of m a r ket r a t e form of disability. She empha- and affordable multi-family sized that although the Civil housing based in Austin, Texas. Rights Division has obtained These speakers described how, great results – 12,000 housing through partnerships between units in 17 states are to be made disability organizations and
  • 6. Disability Rights Online News Page 6 HOUSING AUTHORITY AND OTHERS TO PAY $125,000 TO SETTLE DISABILITY LAWSUIT On April 4, 2006, the settlement of the Department’s Limerick, and the 39 ground disability-discrimination lawsuit against the owners and floor units at Lakeview managers of the Westminster Square Apartments, in San Antonio, Apartments in Royerstown Texas, was approved by the federal court. The Department had lack accessible features alleged that the defendants – the Housing Authority of the City required by the Fair Housing of San Antonio, the San Antonio Housing Facility Corporation, Act. The Department also Pat Matherly, and the Pilgrim Allena Housing Development alleged that the public and Corporation Occupancy – violated the Fair Housing Act common use areas of these when they refused repeated requests by Antonio and Josefina complexes lack required Maldonado to transfer to a first floor apartment. Antonio accessible features, and that Maldonado, a double leg amputee who uses a wheelchair, and the rental offices of these his wife Josefina Maldonado, who is also disabled, asked on complexes lack the accessible several occasions to move from their third floor unit to a first features required by the floor unit so that they would not be dependent on the elevators Americans with Disabilities and would not have to travel as far to get to their apartment. Act. The complaint alleged that the defendants denied the requests S p e c i f i c a l l y, t h e despite the availability of two apartments on the first floor. Department alleges that the The settlement requires the defendants to transfer the public and common use areas Maldonados to a first floor apartment, to pay $125,000 in and rental offices are not damages and attorneys’ fees to the Maldonados and the Fair readily accessible to and usable Housing Council of Greater San Antonio, a fair housing by people with disabilities; organization that assisted them, to implement a comprehensive doors in the ground floor units reasonable accommodation policy, to attend fair housing are not wide enough to allow training, and to comply with other injunctive relief. passage for a person who uses a wheelchair; accessible routes within covered units DEPARTMENT SUES DEVELOPERS, are not provided; bathroom ARCHITECTS, AND ENGINEERS walls lack reinforcement for OF PHILADELPHIA-AREA APARTMENTS the later installation of grab bars; bathrooms and kitchens On March 31, 2006, the ground floor units at Abram’s are not wide enough to permit Department filed a federal Run Apartments in King of use of a wheelchair; and lawsuit alleging disability Prussia, the 79 ground floor environmental controls and discrimination by the units at Henderson Square outlets are not in accessible developers, architects, and Apartments I and II also locations. The suit seeks engineers of six multi-family in King of Prussia, the 87 injunctive relief, monetary residential complexes in ground floor units at Fox damages for those harmed by the Philadelphia area. The Ridge Apartments and Fox the lack of accessibility, and Department alleges that the 95 Ridge Lakeside Apartments in civil penalties.
  • 7. Disability Rights Online News Page 7 ILLINOIS COURT AGREES TO LET FAIR HOUSING LAWSUIT PROCEED On March 6, 2006, a federal court in Chicago, Illinois, filed in the United States denied the defendant’s motion to dismiss the Department’s District Court for the Central Fair Housing Act lawsuit against the Village of South Elgin. District of California and The Department alleges that the municipality discriminated will be supervised by a court- against Unity House, a “sober home” providing a supportive appointed monitor. environment for recovering alcoholics and drug users, “Individuals in the care by denying it a permit to house up to nine residents. The of the State are entitled to Department alleges that the Village Board’s actions were taken be safe and provided with on account of the disability of the residents, and that they adequate services to promote amounted to a failure to make a reasonable accommodation. their mental health and The defendants moved to dismiss the lawsuit on the grounds rehabilitation,” said Wan that, in seeking a reasonable accommodation, Unity House J. Kim, Assistant Attorney had not complied with the procedural requirements of state General for the Civil Rights zoning law. In denying the motion, the court agreed with the Division. “We applaud the Department that even assuming this to be true, the Department leadership of state officials could still prevail under an intentional discrimination theory, in acting promptly to remedy and whether Unity House complied with the state law involves the problems and implement disputed issues of fact. The order is posted at http://www.usdoj. the reforms embodied in the gov/crt/housing/documents/elginorderdenied1.pdf. agreement.” “A mental health patient in many ways is more vulnerable DEPARTMENT REACHES AGREEMENT than other citizens, and WITH FOUR CALIFORNIA STATE HOSPITALS therefore particularly needs TO IMPROVE CONDITIONS to be protected from undue harm,” said United States On May 2, 2006, the in San Luis Obispo – provide Attorney Debra Wong Yang. Department announced a inpatient psychiatric care to “The settlement will lead these settlement with the State of nearly five thousand people well-known and often-used California regarding conditions committed to the hospitals. hospitals to enact sweeping at four state hospitals serving The extensive reforms changes that will improve the individuals with mental required by the five-year lives of hundreds of patients.” disabilities from around the agreement will ensure that T h e D e p a r t m e n t ’s state. The four hospitals individuals in the hospitals four-year investigation – Metropolitan State Hospital are adequately protected under the Civil Rights of in Los Angeles, Napa State from harm and are provided Institutionalized Persons Act Hospital in Napa, Patton State adequate services to support revealed significant civil Hospital in San Bernardino, their recovery and mental rights violations at each of the and Atascadero State Hospital health. The agreement was hospitals. The Department
  • 8. Disability Rights Online News Page 8 (State Hospitals, continued) found a pattern and practice of preventable suicides and ADA MEDIATION HIGHLIGHTS serious, life threatening assaults on residents by staff The ADA Mediation $8,000 in compensation to the and other residents. Care Program is a Department- complainant, and to pay the p r o v i d ed at the hospitals sponsored initiative intended complainant’s legal fees of departed substantially to resolve ADA complaints in $20,000. from generally accepted an efficient manner. Mediation professional standards, and cases are initiated upon In Minnesota, a person individuals were not served referral by the Department who is deaf complained that a in the most integrated settings when both the complainant doctor’s office failed to provide appropriate to their needs and the respondent agree to sign language interpreter and the requirements of participate. The program services for an appointment. court-ordered confinements, utilizes professional mediators The doctor agreed to provide in violation of the Americans who are trained in the legal interpreters when necessary with Disabilities Act. The requirements of the ADA and added telephone numbers State has agreed to address and has proven effective in of interpreters to the office and correct all of the violations resolving complaints at less telephone roster. The doctor identified by the Department. cost and in less time than also disciplined the employee The Department has traditional investigations or who refused to provide the successfully resolved similar litigation. Over 75% of all interpreter and apologized to investigations of other mental complaints mediated have the complainant. health facilities in North been settled successfully. Carolina, New York, Hawaii, In Mississippi, a man who and Tennessee. The California In this issue, we highlight uses a wheelchair complained settlement is available online. complaints against health that a medical laboratory care providers that have been was inaccessible and so it successfully mediated. conducted his outpatient lab work in the waiting room In California, the mother in front of other patients. of an adolescent with Down The hospital that owns the Syndrome complained that laboratory agreed to alter a a physical therapy provider room to provide accessible refused to serve her child private and confidential because of his disability. laboratory services to patients The respondent agreed to who use wheelchairs. conduct ADA training at all of its affiliated companies, In Georgia, a deaf to establish a central hotline individual complained that t o a d d r e s s a n y f u t u r e a d o c t o r ’s o ff i c e r e f u s e d complaints quickly, to pay to provide a sign language
  • 9. Disability Rights Online News Page 9 (ADA Mediation, continued) interpreter for an appointment. persons who are deaf and at the entrance, appropriate The office agreed to provide hard of hearing, including signage designating accessible appropriate auxiliary aids contact information for local parking, and grab bars in the and entered into a contract interpreters. rest room and exam room. with an interpreting service. In addition, the office posted I n N o r t h C a ro l i n a , a In Michigan, a woman signage indicating that person who uses a wheelchair who is deaf complained that assistance will be provided to complained that the interior a d o c t o r ’s o ff i c e r e f u s e d persons with disabilities upon of an eye doctor ’s office to provide a sign language request. was inaccessible. The office interpreter for an appointment, agreed to widen the doorway instead requiring her to bring In Pennsylvania, a between the examination a family member to serve as person who uses a wheelchair room and the hallway, remove an interpreter. The doctor complained that the entrance protruding cabinet doors in the agreed to provide effective to a doctor’s office was not examination room to provide communication, including sign accessible. While the parties additional maneuvering space, language interpreter services, agreed that it was not readily and remove chairs from the for appointments. The doctor achievable to remove the hallway and examination also agreed to instruct staff on barriers to this office, the rooms. procedures on how to respond doctor agreed to install a ramp to a request for sign language at the entrance of his second In Florida, a person who interpreter services. office. He agreed to inform is deaf alleged that a doctor’s people with disabilities of the office did not provide effective In California, a person location of his second office communication during an who uses a service animal and to reimburse them for any office visit. The doctor’s office complained that she was denied extra transportation costs. developed and implemented access to the examination room a written policy for all office in a doctor’s office because A deaf couple in Nevada staff members outlining the the staff believed that the area complained that a health care procedure for providing sign would be contaminated by provider in a remote area did language interpreter services the dog. The doctor modified not provide a sign language when needed. the office policy to allow interpreter for an appointment. service animals access to the The doctor agreed to provide In Georgia, a person who examination room. interpreters when requested uses a wheelchair complained a n d t h e p a r t i e s w o r k e d that a doctor ’s office was In Nevada, a person together to identify potential i n a c c e s s i b l e b e c a u s e i t who is deaf complained interpreters in the area. In lacked a ramp, an accessible t h a t a d e n t i s t ’s o f f i c e addition, the doctor agreed to restroom, and an accessible refused to provide effective write a letter to all the other exam room. The landlord communication during an medical practitioners in the and tenant worked together o ff i c e v i s i t . T h e d e n t i s t area about how to provide to resolve the complaint and agreed to institute a policy effective communication to installed a new concrete ramp ensuring compliance with the
  • 10. Disability Rights Online News Page 10 (ADA Mediation, continued) ADA and to attend training on language interpreter for an both the requirements of the initial visit. The physician’s On April 10-12, Division ADA and disability awareness. o ff i c e a g r e e d t o p r o v i d e staff conducted three She also agreed to join with interpreters and other auxiliary workshops at the National a disability rights lawyer in aids for patients when needed ADA Symposium and EXPO conducting four presentations and further agreed that, if in St. Louis, Missouri. The for professional organizations a patient requires an urgent first session outlined the on the ADA and dentists, referral to a specialist or responsibilities of an ADA wrote a letter of apology to h o s p i t a l , t h e p h y s i c i a n ’s C o o r d i n a t o r, t h e s e c o n d the complainant, and agreed office will coordinate efforts provided an update on the to pay the complainant $100. to ensure that the auxiliary aid Division’s ADA activities, and needed by the patient will be the third provided an overview In Pennsylvania, a person provided. of Project Civic Access and filed a complaint on behalf other Department initiatives. of her grandmother who is In Virginia, a person who Sponsored by the 10 Regional a wheelchair user, alleging uses a wheelchair complained ADA & IT Centers and that a doctor’s office failed to that a medical center refused hosted by the Great Plains provide accessible parking. to treat her during a scheduled Center, the conference was The doctor agreed to restripe appointment because they said attended by more than 500 the parking lot to create they could not lift her onto the people, including state and accessible parking and to examining table. The medical local government officials, create an accessible path of center completed a survey of persons with disabilities, travel from the parking lot to current examination tables and business owners, attorneys and the office. developed a capital budget and architects. timeline to purchase accessible In Illinois, a person who exam tables. It also provided On April 17 and 18, is deaf complained that a t r a i n i n g t o s t a ff o n A D A Division staff made three medical specialist’s office requirements. presentations at Ohio State refused to provide a sign University’s annual conference on Multiple Persp e c t i v e s on Access, Inclusion, and RECENT OUTREACH ACTIVITIES Disability, held in Columbus, Ohio. One session addressed On March 29-31, Division providing an overview of how a law school class project staff made three presentations the requirements of the ADA led to both the founding of at “The Road Ahead,” the and section 504 in higher an advocacy law center and a n n u a l c o n f e r e n c e o f t h e education, and participated in a career in public service. A s s o c i a t i o n f o r H i g h e r two break-out sessions – a case A second session, “Justice E d u c a tion and Disability law update and an overview in Higher Education,” co- Virginia, held in Roanoke, of the Justice Department’s presented with the president of Virginia. Staff co-presented compliance reviews. Disability Access Information at a pre-conference session, and Support (DAIS), addressed
  • 11. Disability Rights Online News Page 11 (Outreach, continued) t h e D e p a r t m e n t ’s r o l e i n audience of architects, city On April 24 through 27, access to higher education. planners, disability advocates, Division staff made several The third, “Where to Tell local civil rights enforcement presentations at the conference Your Story,” provided an officials, and others at Stetson of the National Association overview of various agencies’ University in Tampa, Florida. of ADA Coordinators in responsibilities and included This training followed a one- Phoenix, Arizona. Topics a question and answer session day training on accessibility of these presentations were: with representatives of EEOC, requirements under the Fair Understanding the ABC’s for the Department of Education, Housing Act. Together, the Accessibility Compliance; the Department of Health and sessions were sponsored by the Practical Strategies to Avoid Human Services, and the Ohio Department of Housing and Accessibility Charges and Civil Rights Commission. Urban Development as part of Litigation; Blueprints and its celebration of April as Fair Best Practices for ADA On April 19, Division Housing Month. Both sessions Coordinators; Emergency staff conducted training were geared towards recovery Management Major Emerging through a webcast sponsored after a hurricane, flood, or ADA Issue; Issues in Title I by the Independent Living other natural disaster. Enforcement; and an update R e s e a r c h U t i l i z a t i o n ’s on the Section’s enforcement Disability Law Resource O n A p r i l 2 1 - 2 3 , t h e activities under titles I, II, and Project, a grant project funded D i v i s i o n s t a ff e d a n A D A III of the ADA. by the National Institute on booth at the Abilities Expo Disability and Rehabilitation Conference in Edison, New Research. The presentation J e r s e y. S t a f f a n s w e r e d provided information on the questions and disseminated Department’s Project Civic ADA information to the Access, an initiative designed conference’s 6000 attendees. to increase the accessibility to local government programs On April 23 -26, the and facilities for persons with Division staffed a booth and disabilities. provided ADA technical assistance at the First Annual On April 22, Division Conference of the National staff conducted an all-day Organization of Hispanics training entitled “Rebuilding In Law Enforcement, held in Communities: Accessibility Albuquerque, New Mexico. Requirements Under the ADA and Section 504” to an