U.S.
Justice Department Mediation Program Helps Settle
ADA Complaints
The no-cost ADA Mediation Program, operated through
the U.S. Department of Justice, provides impartial
mediators to help parties discuss ADA violations
and reach mutually agreeable solutions.
The DOJ says that in the last five years, 90 percent
of ADA cases against government agencies and businesses
were settled using mediation instead of through
lawsuits. According to one DOJ staffer, “We’re
not trying to get litigation; we’re trying
to get compliance.”
It’s not necessary to have an attorney to
participate in mediation. If no agreement is reached,
the person who brought the complaint, or the DOJ,
may pursue other legal remedies. If agreement is
reached, the case isn’t formally closed until
the solution has been implemented.
How to file a complaint
The easiest way to file an ADA complaint with the
DOJ is to visit the ADA home page – www.usdoj.gov/crt/ada/adahom1.htm
– and click on the Enforcement link at the
top of the page.
Or, write to the U.S. Department of Justice, Civil
Rights division, 950 Pennsylvania Ave. NW, Disability
Rights Section – NYAV, Washington, DC 20530.
Complaints may be filed in the Title II category,
covering violations by state and federal entities,
or the Title III category, covering violations by
businesses and public accommodations, like restaurants,
hotels, public transportation, schools, sports stadiums,
movie theaters and more. Title I complaints deal
with employment discrimination based on disability.
Indicate on the complaint if mediation is desired;
sometimes DOJ decides on its own to send the case
to mediation. One warning: Complainants who refuse
to mediate may have their complaints closed without
a DOJ investigation. However, if the alleged violator
refuses to mediate, DOJ automatically institutes
a formal investigation.
For more on the ADA, see the articles in the July-August
2007 issue of Quest.
Living
In an ADA World
by David Sweetman
 |
| Donna
and David Sweetman |
I have IBMPFD (inclusion
body myopathy associated with Paget disease
and frontotemporal dementia), an adult-onset
genetic disease covered by MDA.
My wife and I enjoy traveling and eating
out, and have gained a lot of knowledge about
what is available in terms of accessibility
and what we need to do for ourselves.
The ADA has significantly helped increase
accessibility, but there are limitations.
The ADA does not (and probably cannot) apply
to the entire population. Two major limiting
factors are:
- The wide variation in types of impairments.
Different people need different aids at
different times and locations.
- The wide variation in physical size of
those who are impaired. For example, I am
6’4”, and finding comfortable
facilities is almost impossible, even if
I were healthy. The needs of a small person
who is completely wheelchair bound are different
from those of a large person with some mobility.
Society cannot readily provide the infrastructure
(at significant cost) to make things convenient
or comfortable for everybody. While the ADA
has made getting about a lot easier, we still
must take responsibility in order to improve
our traveling experiences. Each of us must
be prepared to deal with lack of aids by using
our own items that fit our specific needs,
and by telling others the best ways to help
us.
"Clueless" is a strong term to
describe people without disabilities, even
if accurate. The problem is the difficulty
in obtaining clues. For someone who is not
impaired, the ability to recognize and deal
with mobility problems is quite a task. These
are problems that are difficult for the impaired
person to learn how to deal with, much less
to expect a fully mobile person to know how
to deal with.
We need to recognize that the problem is
mostly lack of knowledge and experience, not
an active desire to limit the impaired. Those
of us who deal with the "clueless"
need to be patient and tolerant, and do some
educating.
I believe that education will be more effective
than laws in spreading ADA implementation.
For example, we can educate businesses about
the large mobility impaired population that
will utilize accessible facilities. We can
educate hotels about well-designed handicapped-accessible
rooms, which have a higher occupancy ratio
than either regular rooms or poorly designed
handicapped-accessible rooms, meaning a better
return on investment.
The following are suggestions we have found
both help us and encourage those who want
to improve but do not know what to do or how:
- Carry a "booster seat" for all
those low toilets. Use a “booster”
or “up-lift” seat in restaurants,
or request a chair with arms.
- Carry a walker or multiple-point cane
for all those bathrooms without grab bars
in useful locations.
- Fill out comment cards noting deficiencies
in handicapped-accessible rooms, such as
the room is far from the elevator or the
showerhead is in the wrong position.
- Always tell business managers about the
inadequacy of bathroom grab bars, accessible
parking, or space for driving a scooter
or wheelchair.
- Do repeat business at places that do a
better job.
- Do not be shy about requesting assistance;
most people are glad to help. Be prepared
to suggest how to best accommodate your
specific needs.
- Always thank people who help you, including
a smile.
For more on the ADA, see the articles in
the July-August
2007 issue of Quest.
David Sweetman, 59, Dyer, Nev., is a
retired vice president of quality & reliability
at Silicon Storage Technology (SST). Sweetman administers a Web site about IBMPFD at www.ibmpfd.com
|
Fighting the 'Do We Have To?' Mentality
by Bill Norman
 |
| Jordan Woods |
Jordan Woods, 19, says one of the things
he’s learned to expect in the older
town (Athens, Ga.) where he’s attending
college is that many of the public buildings
are not accessible to people like him, with
Duchenne muscular dystrophy.
That’s not so much the case at the
University of Georgia, where Woods is a sophomore
with a major in International Affairs and
minor in Arabic. He hopes to work for the
government in the intelligence field, focusing
on foreign policy.
Because he’s a full-time student, he
hasn’t much spare time off-campus to
seek out and confront businesses that are
not ADA-compliant. “Instead of approaching
business owners that may be reluctant to take
requests, I have spent a lot of time figuring
out which businesses I can access,”
he said.
Woods’ pet peeves include poorly designed
sidewalk curb cuts and businesses that lack
a wheelchair ramp to ascend a height of one
or two stairs.
“Business building codes that address
aisle width [as in restaurants], should have
to take into account the reduced access width”
that occurs when other diners at tables back
their chairs into the aisle, he said. “The
code should factor in six to 12 inches extra
so the aisle is wide enough, even if I’m
going between tables.”
Jordan’s father David, an architect,
notes, “In commercial architecture,
compliance with the ADA is still considered
a ‘Do we have to do it’ aspect.
Most owners do not see the benefits of universal
design. Most look to cut their budgets by
reducing accessibility items.”
David said he does see hope in Florida because
most local building inspectors there are looking
at enforcing the ADA in both plan review and
actual inspections. Plus, he said, Florida’s
building codes exceed ADA requirements, and
enforcement is common.
“In my work I focus on designing a
facility that provides above-minimum accessibility.
I work to ensure that circulation is clear,
doors can be easily operated and facilities
can be used by all persons,” he says.
“I succeed when no one even notices
that these items have been included. They
are just part of the facility that fits in
without being seen.”
For more on the ADA, see the articles in
the July-August
2007 issue of Quest.
|
ADA
Resources
The single most comprehensive source of information
about the Americans with Disabilities Act
is the ADA’s home Web site: www.ada.gov.
Among the site’s sections are:
- ADA Questions & Answers
- Assistance at Self-Serve Gas Stations
- Readily Achievable Barrier Removal and
Van-Accessible Parking
- Job Accommodation Network
The Web site’s list of ADA publications
is lengthy, but well worth reviewing for assistance
in specific areas. The section titled “Other
Federal Agencies with ADA Responsibilities”
addresses topics such as employment, public
housing, healthcare and public transportation.
Some sections of the Web site may not immediately
appear to be pertinent to individuals with
disabilities because they have headings such
as ADA Guide for Small Businesses and ADA
Tax Incentive Packet for Businesses.
However, individuals hoping to gain the cooperation
of a non-compliant business will find the
information useful in identifying the remedial
measures required by law. That knowledge can
form the basis of a first communication with
a non-complying business, and may help avoid
the need to file a lawsuit.
Regional Resources
Ten regional Disability and Business Technical
Assistance Centers (DBTACs) are available
to assist individuals and businesses with
ADA matters.
Each “one-stop shop” assists
with ADA issues related to public accommodations,
public services, employment and communications.
In the area of education, DBTACs address such
matters as building accessible Web sites,
ensuring that distance learning programs are
accessible, and ensuring that computers are
compatible with assistive communications devices.
Visit the DBTAC Web site at www.dbtac.vcu.edu/centers.aspx
or call toll-free (800) 949-4232 for more
information.
Additional Information
Although not directly connected to the ADA,
significant help can be found in the PACER
Center, a 30-year-old non-profit group jointly
funded by the U.S. Department of Education,
U.S. Department of Labor and private donations.
The organization’s goals are to expand
opportunities and enhance the quality of life
for children and young adults with disabilities,
and their families. Refer to www.pacer.org
for more information about subjects such as
school special education programs, transition
to work, employment strategies for youth and
adults with disabilities, health and insurance
and legislative information.
For more on the ADA, see the articles in
the July-August
2007 issue of Quest.
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