From 74444.1076@COMPUSERVE.COM Thu Aug 29 13:33:59 1996 Date: Thu, 29 Aug 1996 13:33:33 EDT From: Jamal Mazrui <74444.1076@COMPUSERVE.COM> Reply-To: "EASI: Equal Access to Software and Information" To: Multiple recipients of list EASI Subject: Implementing the ADA rpt I'm posting the latest report by the U.S. Department of Justice about its enforcement and educational activities to implement the Americans with Disabilities Act. It includes the most comprehensive list of ADA technical assistance publications I've seen, which were sent to 15,000 libraries around the country. Jamal Mazrui National Council on Disability Email: 74444.1076@compuserve.com ---------- U.S. Department of Justice Civil Rights Division Disability Rights Section Enforcing the ADA A Status Report from the Department of Justice (October 1995 - March 1996) This Status Report covers the ADA activities of the Department of Justice during the fourth quarter (October to December) of 1995 and the first quarter (January to March) of 1996. Copies of this report and earlier reports, including the July 26, 1995, Special Fifth Anniversary Status Report, are available through our ADA Information Line (see page 18). 1996, Issue 1 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 500 cases. Under general rules governing lawsuits brought by the Federal Government, the Department of Justice may not file a lawsuit unless it has first unsuccessfully attempted to settle the dispute through negotiations. A. Litigation The Department may file lawsuits in Federal court to enforce the ADA and may obtain court orders including compensatory damages and back pay 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. Decisions Court Finds HIV Discrimination By Dentist -- A Federal district court in Maine ruled in Abbott v. Bragdon that a Bangor dentist violated the ADA by refusing to provide rotine dental care to a patient because of her HIV-positive status. In its opinion granting summary judgment to the patient, the court held that people with HIV are individuals with disabilities under the ADA and that routine dental care can be provided to them without posing a direct threat to health or safety. The court also held that title III of the ADA is constitutional. The United States intervened in this action to defend the constitutionality of the ADA and also participated as amicus on the issue of discrimination. Appeals Court Allows Suit Against State Judge -- The United States Court of Appeals for the Fourth Circuit ruled in Livingston v. Guice that a State court judge does not enjoy absolute judicial immunity from a title II accessibility suit. The suit, brought by a person who uses a wheelchair, charged that the State of North Carolina and a State court judge violated title II by preventing the individual from entering a courtroom through the only accessible entrance known to her. The U.S. District Court for the Western District of North Carolina dismissed the case on the grounds of judicial immunity. On appeal, the Fourth Circuit agreed with the Department's amicus brief and ruled that the judge was not immune from suit for injunctive relief and that the State was not immune from a claim for monetary damages. After the Fourth Circuit ruling, the parties agreed to a settlement in which the complainant received a damages award from the State, and the court removed physical barriers and updated its self-evaluation and transition plans. 2. New lawsuits The Department initiated or intervened in the following lawsuits. Title I United States v. Louisiana Department of Public Safety and Corrections -- The Department filed suit against the Louisiana Department of Public Safety and Corrections for failing to rehire a corrections sergeant who lost his sight in one eye following an on-the-job assault by an inmate. The employee requested the reasonable accommodation of protective head gear to guard against the possibility of a second assault, which could damage the sight in his other eye. As a former State employee, the complainant was entitled under Louisiana Civil Service rules to noncompetitive reinstatement to his old position; nonetheless, the Department of Corrections refused to make the reasonable accommodation available and rejected him for the position. United States v. City and County of Denver, Colorado -- The Department filed suit against the City and County of Denver, Colorado, challenging the police department's policy barring the reassignment or transfer of police officers who become disabled to other positions for which they are qualified within the Department - or elsewhere within the city and county government. This suit stems from a complaint filed by a police officer who was injured in the line of duty. He sought reassignment to nonpatrol officer positions as a reasonable accommodation. The police department denied his request and required him to retire on disability. Along with the complaint, the Department has filed an amicus brief opposing Denver's motion for summary judgment in a private lawsuit raising the same issues. Lancaster v. City of Mobile, Alabama -- The Department has intervened in an employment suit against the City of Mobile, Alabama, for the purpose of defending the constitutionality of title I. The plaintiff, who has a severe learning disability and cannot read beyond a second-grade level, applied for a position as a body/paint mechanic with the City of Mobile. He alleges that the City of Mobile violated title I when it refused to allow him to take a written examination orally. The Department moved to intervene after the Federal district court judge asked the parties to file briefs on the constitutionality of title I. Title II United States v. Commonwealth of Virginia -- The Department filed two lawsuits against the Commonwealth of Virginia alleging that conditions at certain tate institutions fail to comply with the Constitution and Federal law, including title II of the ADA. The institutions involved are the Northern Virginia Training Center, a facility for persons with mental retardation; the Eastern State Hospital, a facility for persons with mental illness; and the Hancock Geriatric Center, a geriatric nursing home on the grounds of the Eastern State Hospital. The Department claims that Virginia is violating title II by failing to establish a process in which an individualized, professional determination is made as to what type of setting, among the range of institutional and community-based options available, is most appropriate for the needs of each resident. Title III United States v. Days Inns -- The Department sued the franchisors of Days Inns, as well as the owners, architects, and contractors of five Days Inn hotels across the country for violations of the new construction requirements of title III. Because of these violations, people with disabilities are not provided a choice of sleeping accommodations equivalent to those provided to other guests. These are the first complaints to be filed by the Department in Federal court alleging a failure to "design and construct" new buildings that are accessible to persons with disabilities. They are also the first to assert the liability of architects involved in the design and construction process. The five suits - involving Days Inn hotels in Willows, California; Wall, South Dakota; Champaign, Illinois; Evansville, Indiana; and, Hazard, Kentucky - allege that the defendants failed to comply with the ADA Standards for Accessible Design. Violations include, for example, failure to provide accessible parking, access to public areas including rest rooms, accessible paths of travel to and from public areas and guest rooms, and accessible guest rooms. Other violations include inadequate visual alarms and the lack of Braille and raised characters on room signage. The five ADA enforcement actions followed an 18-month investigation of Days Inn hotels. The only parties sued by the Department were those who refused to respond to our request for proposals to correct violations. Letters to the responsible parties from the Department carefully detailed specific ADA violations and requested settlement proposals before the complaints were filed. In a separate action, the franchisors have sued the Department in the Western District of Texas seeking a declaratory judgment that the ADA does not apply to franchisors. United States v. Bekins Van Lines Co. -- The Department filed suit against Bekins for refusing to provide moving services to two persons moving from Philadelphia to Scottsdale, Arizona, because of their relationship with an individual who has AIDS. When the moving van arrived at the house in Philadelphia to load the belongings of one of the customers, the moving crew refused to do the work because a friend and next-door neighbor who had AIDS was present. The lawsuit alleges that Bekins' refusal to provide moving services violates the ADA's prohibition of discrimination against persons because of their known relationship or association with people with disabilities. U.S. Attorney Prosecutes Eight for ADA Fraud -- A Federal court in the Middle District of Florida has returned indictments against eight persons on charges of conspiracy to commit mail fraud and money laundering involving a multi-million dollar telemarketing scheme to sell $10,000 franchises for starting ADA inspection businesses. The businesses were to sell various chemical floor treatment products which they claimed were necessaryto meet ADA standards for slip resistance. If convicted, the defendants each face up to 25 years in prison, $500,000 fines, and forfeiture of seized assets including over $5 million frozen in accounts in the Cayman islands. 3. Consent decrees Some litigation is resolved at the time the suit is filed or afterwards by means of a negotiated consent decree. Consent decrees are monitored and enforced by the Federal court in which they are entered. Title III United States v. James Moyes (d.b.a. Bear Lake Tavern), Michigan -- The Department settled by consent decree its lawsuit against the owner of the Bear Lake Tavern, a restaurant and local landmark in Muskegon, Michigan. Among other things, the consent decree requires the owner to convert one of the restaurant's two inaccessible toilet rooms into an accessible unisex toilet room, and to provide damages for individuals with disabilities identified by the United States. The lawsuit arose from a complaint filed with the Department alleging that the owner had violated title III of the ADA by failing to take readily achievable steps to remove barriers to the restrooms and other interior elements. 4. 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. Title I Bridges v. Bossier City, Louisiana -- The Department filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit supporting the argument that an individual who was refused employment as a firefighter because he had a mild form of hemophilia was "regarded as" having a disability and therefore protected by the ADA. Although the district court found that the city failed to hire Mr. Bridges because it erroneously believed that his condition precluded him from safely working as a firefighter, the court held that the city only regarded Mr. Bridges as unable to perform the narrow range of jobs involving routine exposure to extreme trauma and that, therefore, it did not regard him as substantially limited in his ability to work. In its brief the Department argued that the city regarded Mr. Bridges as unable to perform the entire class of firefighting jobs and therefore that the city regarded Mr. Bridges as substantially limited in his ability to work. Title II Ferguson v. City of Phoenix; Tucker v. City of Phoenix -- The Department filed an amicus brief in these consolidated cases challenging the adequacy of Phoenix's 9-1-1 system for TDD users. The brief argues that the Phoenix system failed to provide direct and effective access for TDD users in violation of title II, because the system is designed to respond to TDD calls only when electronic tones are transmitted from the caller's TDD. Not all TDD's have the capacity to emit tones, and TDD users ordinarily would not press keys to emit the tones at the point when the Phoenix system requires them. The plaintiffs' experiences showed that, even when TDD tones were transmitted, the Phoenix 9-1-1 system either failed to recognize the calls as coming from TDD's or otherwise responded inappropriately. Gorman v. Bishop -- The Department filed an amicus brief arguing that title II of the ADA covers arrests and related activities, including the transportation of arrestees. Earlier the Department had intervened in this case to defend the constitutionaity of title II of the ADA. The plaintiff, an individual with a disability who uses a wheelchair, sued the Chief of Police of the Kansas City, Missouri Police Department (KCMOPD), several members of the KCMOPD's Board of Commissioners, and a police officer, for injuries he allegedly sustained during his arrest and subsequent transportation to police headquarters in May 1992. The plaintiff claimed that his injuries resulted from failures by the defendants to implement the requirements of both title II of the ADA and section 504 of the Rehabilitation Act. In denying the defendants' motion to dismiss, the court upheld the constitutionality of title II. Title III Day v. Republic Foods -- The Department filed an amicus brief supporting a suit against Burger King for failing to remove architectural barriers in existing restaurants and for violating the ADA Standards for Accessible Design in new construction. Burger King Corporation asserts that, as a franchisor, it had no responsibility for whether franchisees were complying with the ADA's barrier removal or new construction requirements. The Department's brief argues that a franchisor is liable for new construction violations by franchisees when it exercises control over the design or construction of the new facilities built by the franchisees. The brief also argues that franchisors are liable as public accommodations for new construction and barrier removal violations when the franchise agreement gives the franchisor so much control over the operations of a franchisee that the franchisor can be viewed as "operating" the franchisee's restaurant. Ozga v. Modern Dental Concepts -- The Department filed an amicus brief in the U.S. Court of Appeals for the Third Circuit arguing that title III of the ADA does not require a private individual to exhaust state administrative procedures prior to filing a lawsuit in Federal court. B. Formal Settlement Agreements The Department sometimes resolves cases without filing a lawsuit by means of formal written settlement agreements. Title I City of Calumet, Illinois -- The Department entered into a settlement agreement resolving allegations of employment discrimination by two firefighter applicants who, after being ranked first and third on the City of Calumet's firefighter eligibility list, were each given unlawful pre-employment medical examinations and denied employment because of disability. Under the agreement an individual who was denied employment because he was regarded as having mild obstructive lung disease received an offer of employment as a firefighter, retroactive pension membership, and $19,000 in compensatory damages. Another applicant who was denied employment because he was regarded as having spina bifida occulta and spondylolysis received $17,000 in compensatory damages. The Department did not seek job offer relief for the second applicant, because he was working as a firefighter elsewhere for two years and no longer sought employment with the City of Calumet. In addition, the City agreed that it will ask firefighter applicants only about their ability to do the job in question and not to inquire, on application forms or otherwise, whether an applicant is an individual with a disability; it will require medical examinations of firefighter applicants only after a conditional offer of employment has been extended; and to the extent that the City requires its firefighter applicants to undergo medical examinations after such individuals have been given a bona fide conditional offer of employment, it will use the results of such medical examinations in a manner that is job-related and consistent with business necessity in conformity with title I of the ADA. Chicago Board of Education, Illinois -- The Department entered into a settlement with the Chicago Board of Education resolving a reasonable accommodation charge involving a teacher with arthritis. The teacher, a thirty-year veteran, was assigned during the 1993-94 school year to teach in athird-floor classroom. His duties required him to escort his class up and down three flights of stairs to activities (lunch, gym and library) in the basement of the building. The complainant asked to have his class relocated to the first or second floor as an accommodation because of his arthritis. After his requests for accommodation were denied by the Board, he went on sick leave. In April 1994, after nearly exhausting his leave and, in order to preserve his eligibility for retirement benefits, he resigned. Under the settlement agreement, the complainant received $20,600 from the Board for monetary losses. The agreement did not provide for reinstatement because the teacher did not wish to return to his former position. Title II Arlington County, Virginia -- The Department reached a settlement agreement with the Arlington County Police Department resolving a complaint by an individual who allegedly was denied a temporary clerical job because she has epilepsy. According to the complainant, the police department, through a temporary employment agency, extended to her a verbal offer of employment. At that time, she was advised that she would begin temporary employment with the police department and that she would be required to take a polygraph examination. The temporary agency, on behalf of the County, inquired whether she regularly took any medication that could affect the polygraph test. She advised the County through the temporary agency that she took dilantin and phenobarbital for her epilepsy. Later that day, the complainant was advised by the temporary agency that the police department had withdrawn its offer of employment. When she asked the temporary agency why the offer was withdrawn, she was advised that the police department was concerned that due to her medications the polygraph examination may create stress for her. Under the settlement agreement, the complainant was offered a job similar to the one she alleges she was denied (a four-week, temporary, full-time secretarial position) contingent upon signing a waiver and passing the County's required polygraph examination. The agreement also provided for $2500 in monetary damages and required the police department to continue efforts to educate its employees about the ADA. California Agreement to Improve Statewide 9-1-1 Access -- The California Department of General Services has agreed to reimburse 475 local 9-1-1 centers for their purchase of TDD equipment and related services in order to ensure direct local access to 9-1-1 services throughout the State of California. The existing statewide TDD translation service relied upon until now by many local 9-1-1 centers, which inappropriately handled 9-1-1 calls, will be discontinued in July 1997. The Department of General Services collects 9-1-1 surcharges from phone customers and is one of only a few states that provides statewide funding for local 9-1-1 equipment. Under its agreement with the Department of Justice, the Department of General Services also instructed each of the centers on how to ensure that people using TDD's have effective access to emergency services. Auxiliary Aids and Services -- The Department reached separate agreements with police departments in Montgomery County, Maryland, Glendale, Arizona, Roswell, New Mexico, and Rochester, New York, requiring them to develop policies and procedures to ensure that appropriate auxiliary aids nd services are provided in their interactions with individuals who have hearing impairments. The departments agreed to establish procedures to ensure that deaf individuals who use sign language would have interpreters in circumstances where interpreters are necessary for effective communication -- for example, when criminal suspects are being advised of their constitutional rights or being questioned by police. The police departments agreed to train police officers on the appropriate use of interpreter services and to ensure that interpreters are sufficiently qualified. The Department also reached two other agreements with sheriff's departments in Saginaw, Michigan, and Lackawanna, Pennsylvania, that provide for jail inmates and visitors with hearing or speech impairments to have access to TDD's under the same circumstances as telephone services are made available to nondisabled inmates and visitors. East Providence, Rhode Island -- East Providence has agreed to renovate its municipal stadium, Pierce Field, to make it readily accessible to and usable by persons with disabilities. It will install thirty accessible seating locations and thirty companion seats; provide an accessible route to the accessible seating locations; install proper signage marking the accessible route; modify each of the stadium's restrooms to provide an accessible lavatory, water closet, paper towel dispenser, and mirror; and install proper signage at the restroom entrances. Title III Sunshine Child Center, Gillette, Wisconsin -- The Department entered into a settlement agreement resolving a complaint filed by the mother of a child with cerebral palsy against the Sunshine Child Center. The complainant alleged that the center refused to put on and remove leg braces that her daughter needed in order to walk. The complaint also stated that the center, which provides separate services to children three years old and younger and children of ages four through 12, intended to keep the child with the younger group of children even after her fourth birthday, because, due to her disability, she required diaper changing at a later age than other children at the center. The settlement agreement requires the Sunshine Child Center to offer to readmit the girl, who was removed by her mother following the center's alleged discrimination. It also requires the center to put on and remove the child's leg braces, if necessary, and to provide the same service to other children with the same need for assistance. In addition, the center agreed to provide diaper changing to children who require the service more frequently and/or at a later age than other children due to disabilities, without segregating them from children in their age group; to publish a policy of nondiscrimination on the basis of disability at the center and in printed advertisements of its services; to remove certain barriers to access discovered during the Department's investigation; and to ensure that a newly-constructed facility that will house the center as of June 1997 will comply fully with the ADA Standards for Accessible Design. Avis, Inc., Garden City, New York -- The country's second largest rental car company, Avis, agreed to a supplemental settlement agreement involving hand controls and rental policies. After entering the original September 1994 agreement in which Avis agreed to provide hand controls and other accommodations for people with disabilities, the Department continued to receive complaints that Avis was not implementing the agreed-upon policies. One such complaint came from an individual with a visual impairment who, even though accompanied by a licensed driver, was refused a rental car unless she showed documentation of her disability. Under the new agreement, Avis affirmed its policy that people with disabilities who do not drive can be the financially responsible party for ca rentals when they are accompanied by licensed drivers and that they do not have to provide documentation of their disability. Avis has agreed to extensive training for employees and will design a system to track reservations made by people with disabilities at its worldwide reservations center in Tulsa, Oklahoma. In addition, Avis will appoint a disability services coordinator to help ensure implementation of the policies. Avis also agreed to pay damages to the complainant and the accompanying driver in the amounts of $7,000 and $3,500, respectively. Finally, Avis will provide hand controls for convertibles in addition to the classes of cars that were explicitly included in the earlier settlement agreement. The hand control units for convertibles will be allocated among locations in Boston, Phoenix, Miami, San Francisco, and Honolulu, and will be available to be shipped to other locations as necessary. Blue Velvet Theater, Branson, Missouri -- The Department entered into a settlement agreement with the Blue Velvet Theater, a newly constructed theater in Branson, Missouri, to resolve a complaint involving inaccessible parking. Branson's country music theaters attract more than 5.8 million tourists each year. An individual with multiple sclerosis alleged that on a visit to the theater he was told by theater employees that he could not park in the parking spaces designated for persons with disabilities because they were being used to park tour buses. The complainant was forced to park in the nonaccessible parking spaces and walk up a steep hill to enter the theater. The investigation also found that the accessible parking spaces had slopes that do not comply with the Standards for Accessible Design, and that there were no van accessible spaces designated. The theater agreed to bring the accessible spaces into compliance and to ensure that these spaces are reserved for persons with disabilities at all times. The theater also agreed to pay damages of $1,000 to the complainant and civil penalties of $1,000. Majestic Theater, New York, New York -- The Shubert Organization agreed to improve accessibility at the landmark Majestic Theater by installing a unisex wheelchair accessible restroom on the lobby level and four wheelchair accessible seats in the orchestra. Fisher Funeral Home, Portsmouth, Virginia -- The Department settled a complaint against the Fisher Funeral Home in Portsmouth, Virginia, in which the complainant alleged that her family was charged an additional $300 to embalm the remains of her brother because he had died from AIDS-related complications. A subsequent investigation by the Department determined that during a 16-month period, between July 1992 and November 1993, the Fisher Funeral Home required eight other families to pay an additional charge for embalming services for individuals who died from AIDS-related complications. As part of the agreement, the funeral home agreed to adopt and post a written policy prohibiting discrimination on the basis of disability, including HIV and AIDS; pay damages totaling $6,300, $1,500 to one family and $600 to each of the other eight families; and provide training for funeral home employees concerning universal precautions and Occupational Safety and Health Administration (OSHA) requirements. Preferred Motor Inn, Limon, Colorado -- A couple refused accommodations because of the presence of their hearing assistance dog each received $250 in damages under a settlement agreement between the Department and the former owners of Preferred Motor Inn in Limon, Colorado. The former owners also agreed that, should they own or operate another inn, hotel, motel, or other place of public accommodation in the future, they will develop and post a written policy statement indicating that persons with disabilities accompanied by service animals are welcome; allow service animals into the public accommodation without requiring proof of the animal's certification; and train staff to ensure that persons with service animals are treated in a nondiscriminatory manner and afforded the same service and courtesy as that afforded any customer. The complaint arose when the couple attempted to get a room for the night but were told by one of the owners hat no "pets" were allowed. The owners made no exceptions for service animals. American Red Cross, San Francisco, California -- The Department settled a complaint against the San Francisco Bay Area Red Cross by a deaf individual who was unable to take a first aid and CPR course, because the Red Cross denied her request for a sign language interpreter. Under the settlement, the Red Cross agreed to provide auxiliary aids and services, such as sign language interpreters, when necessary for individuals who are deaf or hard of hearing; consult promptly with individuals with disabilities regarding their requests and needs; offer the complainant a free course with an interpreter present; and, distribute pamphlets, posters and other information to the public concerning the new policy. II. Mediation Through the Department's technical assistance grants, the Community Board Program and the Key Bridge Foundation for Education and Research have provided ADA training for approximately 200 mediators in 27 States. The Department has referred over 100 disputes under titles II and III to the mediators participating in these grant programs. Following are examples of the results achieved through mediation. A New Jersey medical center that had allegedly failed to provide a qualified sign language interpreter for a deaf individual seeking dietary and nutritional counseling agreed to train all managers on how to respond appropriately to future requests for interpreters, contact the State Hospital Association to collect instructional materials on accommodations for people with hearing impairments, reimburse the complainant for the fee paid for the initial counseling session, and provide the complainant a free individual counseling session. The owner of a commercial building in New York agreed to install appropriate braille signage complying with the ADA in all passenger and freight elevators. A sports arena in California agreed to change its ticketing policy to make tickets for wheelchair-accessible seats available for all events through box office and telephone sales without the necessity of providing a "plaque" as proof of disability, allow companions to accompany individuals who use wheelchairs, and allow exchanges of inaccessible seats for accessible seats for individuals who use wheelchairs. The arena announced the changes in a press release. A dentist in California has installed an accessible parking space that, upon inspection, satisfied the complainant. A computer data company in California agreed to modify its training presentation format to ensure effective communication with an individual who lip reads. A restaurant in Texas agreed to provide directional signage at an inaccessible restroom to indicate the location of the accessible restroom, write a letter of apology, and provide $2,000 in compensation to the complainant. A professional office building in Washington, DC will add a second unisex restroom, provide tactile signage at exit stair doors, provide audible directional notifications at elevators, and remove wall ash receptacles on a specified time schedule. A medical building in California will remodel its restrooms within 90 days to comply with the ADA Standards. A country club in Florida will remodel its facilities to provide accessible restrooms, train personnel about the ADA, and pay the complainants $1000. Want to Resolve Your ADA Complaint? Consider Mediation -- As part of its responsibilities under the Department's mediation grant, the Key Bridge Foundation for Education and Research has produced a brochure entitled: Want to Resolve Your ADA Complaint? Consider Mediation. The brochure explains what mediation is, its advantages and disadvantages, how the process works, and how to find a qualified mediator. The brochure is currently available from the ADA Information Line by calling (800)514-0301(voice) or (800)514-0383 (TDD) and talking wth an ADA Specialist. III. Certification of State and Local Building Codes The ADA requires that newly constructed or altered facilities comply with the ADA Standards for Accessible Design (Standards). The Justice Department is authorized to certify building codes that meet or exceed the ADA's standards. In litigation, an entity that complies with a certified code can offer that compliance as rebuttable evidence of compliance with the ADA. In implementing its authority to certify codes, the Department works closely with State and local officials, providing extensive technical assistance to enable them to make their codes equivalent to the ADA. In addition, the Department responds to requests for review of model codes and provides informal guidance to assist private entities that develop model accessibility standards to make those standards equivalent to the ADA. During the past six months, the Department has sent interim responses to the certification requests of the States of Florida and New Mexico. In addition, the Department informally reviewed a model accessibility code submitted by the Council of American Building Officials (CABO) and the accessibility code submitted by the State of California. Codes from seven other jurisdictions are currently undergoing certification review by the Department -- Utah, Texas, Maine, Minnesota, New Jersey, the Village of Oak Park, Illinois, and the County of Hawaii. In addition, the Department is currently reviewing a model code submitted by the Building Officials and Code Administrators International (BOCA). IV. Technical Assistance The ADA requires the Department of Justice to provide technical assistance to entities and individuals with rights and responsibilities under the law. The Department encourages voluntary compliance by providing education and technical assistance to businesses, governments, and members of the general public through a variety of means. Our activities include providing direct technical assistance and guidance to the public through our ADA Information Line, developing and disseminating technical assistance materials to the public, undertaking outreach initiatives, operating an ADA technical assistance grant program, and coordinating ADA technical assistance government-wide. New Brochure on HIV Available On World AIDS Day, December 1, 1995, the Department published a booklet entitled "Americans with Disabilities Act: Questions and Answers for Persons who are HIV-Positive or Living with AIDS." The booklet was sent to approximately 5,000 AIDS service providers and is available through the ADA Information Line. Library Project Expands ADA Information Files The Department of Justice, under its grant to the Kansas State Library and the Chief Officers of State Libraries Agencies (COSLA), has expanded the ADA Information Files placed in 15,000 libraries across the country. The following items have been added to the file, which in most libraries has been placed at the reference desk. Law and Regulations Title III Regulation, Revised, as published at 28 CFR Part 36, July 1, 1994 The final rule implementing title III of the ADA, which prohibits discrimination on the basis of disability by public accommodations and commercial facilities, incorporating the original rule and the changes published in January and April 1994. Technical Assistance Manuals Title II Technical Assistance Manual 1994 Supplement Title III Technical Assistance Manual 1994 Supplement Questions and Answers La Ley para Personas con Desabilidades Preguntas y Respuestas The ADA Questions and Answers booklet in Spanish. ADA: Your Employment Rights as an Individual with a Disability An 11-page booklet developed by the U.S. Equal Employment Opportunity Commission to answer employees' common questions about Title I. ADA: Your Responsibilities as an Employer A 17-page booklet developed by the U.S. Equal Employment Opportunity Commission to answer employers' common questions about Title I. Commonly Asked Questions About Title II of the ADA A six-page fact sheet developed by the U.S. Department of Justice answering questions most frequently asked about Title II. Commonly Asked Questions Regarding Telephone Emergency Services A three-page fact sheet developed by the U.S. Department of Justice answering questions about ensuring access to 9-1-1 and other telephone emergency services for people who use TDD's. Status Reports Enforcing the ADA - A Status Report from the Department of Justice A quarterly publication that provides the current status of the Department of Justice's enforcement efforts, including information on litigation, and formal and informal settlement agreements under titles II and III. July-September 1994 Update October-December 1994 Update January-March 1995 Update A Special Fifth Anniversary Status Report - July 26, 1995 Businesses Health Care Facilities ADA: Answers to Questions Most Commonly Asked by Hospitals and Health Care Providers A 12-page booklet developed under a Department of Justice grant by the National Rehabilitation Hospital that answers questions frequently asked by health care providers about their obligations under the ADA. ADA Questions and Answers for Health Care Providers A 24-page booklet developed under a Department of Justice grant by the National Center for Law and Deafness that answers questions regarding the obligations of private health care providers under title III of the ADA to communicate effectively with individuals who are deaf or hard of hearing. Medical Care Facilities: ADAAG Tech Sheet Series A 17-page design guide developed by Barrier Free Environments, Inc., under a grant from the National Institute on Disability and Rehabilitation Research that provides information on the scope and design requirements for new and altered medical care facilities. Child Care All Kids Count: Child Care and the ADA An 89-page guide developed under a Department of Justice grant by The Arc that advises child care providers about including children with disabilities in regular child care settings. Other Business & Business Related Resources The Americans with Disabilities Act Title III: A Guide for Making Your Business Accessible to People with Mental Retardation An 11-page booklet developed under a Department of Justice grant by The Arc that offers a series of suggestions to help businesses make their goods and services accessible to people with mental retardation. Checklist for Existing Facilities: The ADA Checklist for Readily Achievable Barrier Removal A 12-page checklist developed by Adaptive Environments Center, Inc., and Barrier Free Environments, Inc., under a grant from the National Institute on Disability and Rehabilitation Research that helps businesses identify accessibility problems and solutions for meeting their barrier removal obligations under the ADA. La Ley Para Personas con Impedimentos Lista de Verificacion de Eliminacion de Barreras Facilmente Realizable The Checklist for Existing Facilities in Spanish. Open for Business (Videotape) A 15-minute videotape developed under a Department of Justice grant by The Institute for Law and Policy Planning that provides visual examples to businesses for meeting their barrier removal obligations under the ADA. Professional Offices: Access Equals Opportunity A 26-page booklet developed under a Department of Justice grant by the Council of Better Business Bureaus' Foundation that addresses compliance issues uder title III for professional offices. Shops and Services: Access Equals Opportunity A 26-page booklet developed under a Department of Justice grant by the Council of Better Business Bureaus' Foundation that addresses compliance issues under title III for small shops and services. Travel and Tours: Access Equals Opportunity A 26-page booklet developed under a Department of Justice grant by the Council of Better Business Bureaus' Foundation that addresses compliance issues under title III for travel and tour agencies. Communication Access ADA Questions and Answers for Deaf and Hard of Hearing Individuals A 32-page booklet developed under a Department of Justice grant by the National Center for Law and Deafness that answers questions regarding the rights of deaf and hard of hearing individuals under the ADA. State and Local Governments Directory of Local ADA Officials A 47-page resource guide developed under a Department of Justice grant by The United States Conference of Mayors that contains a listing of designated ADA coordinators, arranged by State, who deal with title II access issues in various cities across the United States. Title II Action Guide Supplement on Employment A 41-page document developed by Adaptive Environments Center, Inc., and Barrier Free Environments, Inc., under a grant from the National Institute on Disability and Rehabilitation Research that assists State and local government agencies in evaluating their employment practices as required by the ADA. Aging Issues and Disability ADA: Accessibility for Older Persons with Disabilities Training Manual A 76-page guide developed under a Department of Justice grant by the American Association of Retired Persons that gives an overview of title II and III requirements and ADA issues for older people. ADA Annotated Bibliography of Resources An 84-page guide developed under a Department of Justice grant by the American Association of Retired Persons that provides resources regarding sources and publications about the ADA, recent Department of Justice ADA grantees, and technology and disability contacts. Design Guides Accessible Route: ADAAG Tech Sheet Series A 23-page design guide developed by Barrier Free Environments, Inc., under a grant from the National Institute on Disability and Rehabilitation Research that provides information on the scope and design requirements for accessible routes in new and altered facilities covered by the ADA. Areas of Rescue Assistance: ADAAG Tech Sheet Series A 22-page design guide developed by Barrier Free Environments, Inc., under a grant from the National Institute on Disability and Rehabilitation Research that provides information on the scope and design requirements for areas of rescue assistance in new facilities covered by the ADA. Medical Care Facilities: ADAAG Tech Sheet Series A 17-page design guide developed by Barrier Free Environments, Inc., under a grant from the National Institute on Disability and Rehabilitation Research that provides information on the scope and design requirements for medical care facilities in new and altered facilities covered by the ADA. Toilet Stalls: ADAAG Tech Sheet Series A 12-page design guide developed by Barrier Free Environments, Inc., under a grant from the National Institute on Disability and Rehabilitation Research that provides information on the scope and design requirements for toilet stalls in new and altered facilities covered by the ADA. Resource Lists and General Information ADA Telephone Information Services (An updated replacement for Telephone Numbers for AD Information) A two-page telephone list compiled by the Department of Justice listing Federal agencies and organizations funded by the Federal Government that provides information about provisions of the ADA applying to State and local government programs and services, public accommodations and commercial facilities, employment, and communication. A Guide to Legal Documents An 11-page guide developed by the Disability Rights Education and Defense Fund under a contract funded jointly by the Equal Employment Opportunity Commission and the Department of Justice that explains four types of legal source documents pertaining to the ADA and how to reference them. Want to Resolve Your ADA Complaint? Consider Mediation A pamphlet developed under a Department of Justice grant by the Key Bridge Foundation that explains the option of mediation for resolving an ADA complaint. ADA Information Line The Department of Justice operates a toll-free ADA Information Line to provide information and publications to the public about the requirements of the ADA. Automated service, which allows callers to listen to recorded information and to order publications, is available 24 hours a day, seven days a week. ADA specialists are available on Monday, Tuesday, Wednesday and Friday from 10:00 a.m. until 6:00 p.m. and on Thursday from 1:00 p.m. until 6:00 p.m. (Eastern Time). Spanish language service is also available. To obtain general ADA information, get answers to technical questions, order free ADA materials, or ask about filing a complaint, call: 800-514-0301 (voice - English/Spanish) 800-514-0383 (TDD - English/Spanish) Publications and Documents Copies of the Department's ADA regulations and publications, and information about the Department's technical assistance grant program, can be obtained by calling the ADA Information Line or writing to the address listed below. All materials are available in standard print as well as large print, Braille, audiotape, or computer disk for persons with disabilities. Disability Rights Section Civil Rights Division U.S. Department of Justice P. O. Box 66738 Washington, D.C. 20035-6738 Subscriptions for the Department's Technical Assistance Manuals for titles II and III and updates can be obtained from the Government Printing Office. The subscription fee for the Title II Manual, which includes annual supplements through 1996, is $24. The subscription fee for the Title III Manual with supplements through 1996 is $25. Call the ADA Information Line to obtain an order form. Copies of the legal documents and settlement agreements mentioned in this publication can be obtained by writing to: Freedom of Information/Privacy Act Branch Administrative Management Section Civil Rights Division U.S. Department of Justice P.O. Box 65310 Washington, D.C. 20035-5310 Fax: 202-514-6195 Currently, the FOI/PA Branch maintains approximately five thousand pages of ADA material. The records are available at a cost of $0.10 per page (first 100 pages free). Please make your requests as specific as possible in order to minimize your costs. ADA regulations and technical assistance materials can also be downloaded from the Department's ADA Bulletin Board System (ADA-BBS) or the Internet. The ADA-BBS, which includes selected ADA documents from other agencies, can be reached by computer modem by dialing 202-514-6193 or accessed on the Internet through telnet fedworld.gov Gateway D. The Department's regulations and technical assistance materials, as well as press releases on ADA cases and other issues, are available on the Internet at gopher.usdoj.gov or http://www.usdoj.gov. V. Other Sources of ADA Information The Equal Employment Opportunity Commission offers technical assistance to the public concerning title I of the ADA. For ordering documents For questions 800-669-3362 (voice) 800-669-4000 (voice) 800-800-3302(TDD) 800-669-6820 (TDD) 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 general questions 202-366-1656 (voice) 202-366-4567 (TDD) ADA legal questions 202-366-1936 (voice/relay) Complaints and enforcement 202-366-2285 (voice) 202-366-0153 (TDD) Project ACTION 800-659-6428 (voice/relay) 202-347-3066 (voice) 202-347-7385 (TDD) The Federal Communications Commission offers technical assistance to the public concerning title IV of the ADA. ADA documents and general questions 202-418-0190 (voice) 202-418-2555 (TDD) ADA legal questions 202-418-2357 (voice) 202-418-0484 (TDD) 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 on the ADA. ADA technical assistance nationwide 800-949-4232 (voice & TDD) The U.S. Architectural and Transportation Barriers Compliance Board, or Access Board, offers technical assistance to the public on the ADA Accessibility Guidelines. ADA documents and questions 800-872-2253 (voice) 800-993-2822 (TDD) 202-272-5434 (voice) 202-272-5449 (TDD) The Job Accommodation Network (JAN) is a free telephone consulting service funded by the President's Committee on Employment of People with Disabilities. It provides information and advice to employers and people with disabilities on reasonable accommodation in the workplace. Information on workplace accommodation 800-526-7234 (voice & TDD) VI. 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 the Equal Employment Opportunity Commission. Call 800-669-4000 (voice) or 800-669-6820 (TDD) to reach the field office in your area. Titles II and III Complaints about violations of title II by units of State and local government or violations of title III by public accommodations and commercial facilities should be filed with - Disability Rights Section Civil Rights Division U.S. Department of Justice Post Office Box 66738 Washington, D.C. 20035-6738