Enforcing the ADA Dept of Justice

8/3/2019 Enforcing the ADA Dept of Justice

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U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Enforcing the ADA:

This is a special edition commemorating the tenth anniversary of the enactment of the ADA. This report,

previous status reports, and a wide range of other ADA information are available through the Departments

ADA Home Page on the World Wide Web (see page 38).

A Special Tenth Anniversary Status Reportfrom the Department of Justice

July 2000

Looking Back on a Decade of Progress


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ENFORCINGTHE ADA -- JULY 26, 2000 SPECIAL TENTH ANNIVERSARY EDITION2

A MESSAGEFROM JANET RENO

A Message from the Attorney General

On July 26, 2000, the Americans with Disabilities Act celebrates its 10th anniversary.And there is so much to celebrate!

Look around. Over the past decade so much has changed. It is no longer unusual tosee people with disabilities dining out at restaurants, working in the office, participatingin town hall meetings, shopping at the malls, watching a movie or cheering at a stadium.Thats because the ADA is making the dream of access a reality.

As Attorney General, I have made enforcement of the ADA one of my top priorities.At the Justice Department we have engaged in extensive educational outreach, andentered into hundreds of agreements ensuring greater access to thousands of businessesand governments. We have also increased the number of attorneys who enforce the law,and stepped up funding for ADA-related programs across the country. And under theleadership of Acting Assistant Attorney General for Civil rights Bill Lann Lee, and ourUnited States Attorneys across the country, we will continue to build on this past decadeof access.

As this Report illustrates, the ADA has made a difference in the lives of so many.But there are many others who still face barriers -- barriers that man-made structures

create and barriers stemming from peoples attitudes. Those barriers took generations tocreate. It will take continued vigilance and dedication to remove them. But if the past 10years is any indication, Americans with disabilities are well on their way to experiencingall society has to offer.


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ENFORCINGTHE ADA -- JULY 26, 2000 SPECIAL TENTH ANNIVERSARY EDITION 3

I. Enforcement Highlights ................................................................................ 4

Participating in Everyday Civic Life .................................................................................... 41. Affirming the Right to Citizen Participation ................................................................. 42. Achieving Access to Courts ........................................................................................... 63. Receiving Fair Treatment in Law Enforcement ............................................................ 6

Opening Up Jobs for Persons with Disabilities .................................................................... 81. Ensuring Equal Employment Opportunity .................................................................... 82. Opening Gateways to Opportunity ................................................................................ 93. Providing Freedom from Unnecessary Inquiries into Disability ................................. 13

Enjoying the American Way of Life .................................................................................... 131. Becoming Part of the Economic Mainstream.............................................................. 132. Increasing Access to Recreational Activities ............................................................... 163. Removing Obstacles to Business and Leisure Travel .................................................. 20

Ensuring an Accessible Future ............................................................................................ 241. Establishing Architect Liability ................................................................................... 242. Making Newly Constructed Buildings Accessible ...................................................... 24

Gaining Equal Access to Health Care ................................................................................. 261. Receiving Emergency Services ................................................................................... 262. Securing Access to Health Care................................................................................... 273. Being Free from Unnecessary Institutionalization ...................................................... 30

Enjoying Equal Access to Child Care ................................................................................. 30

Protecting the ADA and Making it Work ........................................................................... 331. Defending the ADAs Constitutionality ....................................................................... 332. Building a Mediation Option ....................................................................................... 34

II. Certification Highlights ................................................................................... 36

III. Technical Assistance Highlights ................................................................... 37

IV. Other Sources of ADA Information .............................................................. 40

V. How to File Complaints................................................................................... 41

TABLEOF CONTENTS

Table of Contents


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ENFORCEMENT HIGHLIGHTS

I. Enforcement Highlights

A. Participatingin Everyday Civic Life

The ADA protects the right of peoplewith disabilities to have equal access to thebasic institutions of State and localgovernment. The Department has soughtto eliminate physical, communication, andpolicy barriers in law enforcement, townhalls, jails, courtrooms, and legislativechambers.

1. Affirming the Right to CitizenParticipation

Wisconsin City Makes City HallAccessible-- In resolving a complaint by aWaukesha City alderman who uses awheelchair, the City agreed to make its cityhall accessible. It agreed to hold its closeddeliberations in the accessible room in whichit holds general meetings, renovate the first

floor bathrooms, install automatic dooropeners at the buildings entrance, and providea van accessible parking space.

Small Montana Town Provides Access toCivic Functions -- Manhattan, Montana,agreed to make its town programs accessibleby making a few renovations and takingalternative nonstructural measures. It agreedto install a ramp at the town hall entrance,make the route to the entrance accessible,create one van-accessible parking space, and

make the water fountain and bathroom on thefirst floor accessible. Also, town councilmeetings would be moved to the first floorwhen necessary.

Public Address System Boosts

Communication-- A small New Yorkcommunity agreed to purchase a publicaddress system to resolve a complaint from ahard of hearing citizen who wanted to listen totown board meetings.

Toledo To Be More Accessible to Peoplewith Disabilities--Toledo, Ohio, agreed tomake significant changes to its policies andfacilities to provide greater access for personswith disabilities. The agreement resolves

allegations that Toledo violated title II byfailing to take the steps necessary to ensurethat its programs are accessible to personswith disabilities. The city agreed to --

Modify its facilities to ensure access to cityprograms, including the municipalcourthouse, district and neighborhoodpolice stations, a market-outlet complex,fire stations, parking garages, museums,community and social service centers, thehealth department, and other city

administrative buildings. Modificationsinclude providing accessible parking andaccessible restroom facilities, installingramps, widening doors, providingaccessible public telephones, and loweringinformation counters;

Adopt policies and procedures to improveaccessibility at city programs, which couldinclude moving programs to accessiblelocations, if necessary;

Take steps to ensure that effectivecommunication is available to persons withdisabilities, including those with hearing,speech, and vision impairments, at cityactivities such as court proceedings andpublic meetings;


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ADA Celebrationat the Dickinson City Hall

Submit a plan to the Department that willensure that parks, pools, ice rinks, and artsprograms will become more accessible topersons with disabilities by December 2000;

Train employees on the citysresponsibilities under the ADA; and

Publicize its new nondiscrimination policieson the citys web site and in a localnewspaper.

North Dakota Town Provides ProgramAccessibility-- Dickinson, North Dakotaentered into an agreement with theDepartment of Justice to resolve allegationsthat the Dickinson City Hall was inaccessibleto individuals who use wheelchairs.Specifically, thecomplaint alleged thatboth the upper andlower levels of the cityhall were inaccessibleand, therefore, that cityactivities on theselevels, including citycommission meetings,municipal court

proceedings, voting,and other city hallprograms and services,were inaccessible toindividuals who usewheelchairs. Until itcompleted constructionof a new city hall,Dickinson agreed to relocate municipal courtproceedings to the Stark County Courthouse.The city also relocated city commission

meetings and other public meetings to theNational Armory Building in Dickinson,which is fully accessible. The city also agreedto provide the services of its administrativeoffices in the front foyer of the existing cityhall and installed an accessible counter thereto enable individuals who have mobilityimpairments to transact business. Finally,

Dickinson agreed to train all of its employeeson how to respond to requests foraccommodations under the ADA.

Martin can drive his electric scooter aroundtown because of curb cuts. Cassandra cancontinue to attend junior high due to wideneddoors and elevators. And no one complainsabout universal access -- its the most usedentrance for all, be they disabled, elderly,parents with babies in strollers, or John orJane Q Public.

-- Wally Itrich, Dickinson resident

City Removes Barriers at TownBuildings, Country Music Museum-- The

City of Georgiana, Alabama, agreed to removearchitectural barriers at the City Hall, thePolice Station, the MagistratesCourt and Council Chamber, andthe Hank Williams, Sr., Museum-- the childhood home of thewell-known country musicsinger-songwriter. The City willinstall entrance ramps, modifyexisting rest rooms, and altersidewalks to provide access tothe programs offered at the sites.

Appellate Court FindsZoning Covered by ADA -- TheU.S. Court of Appeals for theSecond Circuit ruled inInnovative Health Systems, Inc.(IHS) v. City of White Plainsthat the ADA covers all the

activities of State and local government,including zoning practices. The U.S. Attorneyfor the Southern District of New York filed an

amicus brief supporting plaintiffs efforts tostop White Plains, New York, from preventingthem from operating an alcohol and drugdependency treatment program in itsdowntown area. The Court also ruled thatInnovative Health Systems, Inc., theorganization that operates the treatment center,has standing to challenge the Citys actionunder the ADA, and that IHS was entitled to apreliminary injunction.


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Oregon State Lottery Commission toEnsure Accessible Outlets -- Oregon agreedto make its State lottery accessible to personswith mobility impairments under a negotiatedagreement with the Department. The State willrequire more than 3,000 retail outlets

participating in the lottery program to ensureequal access to their lottery-related services byinstalling accessibility features, removingbarriers through structural modifications, and,in some cases, using alternative methods ofproviding access to the services. EffectiveJuly 1, 1997, all new retailer locations and alllocations sold to new owners had to bewheelchair accessible; existing retail outletshad an additional year to make their lottery-related facilities accessible. The agreementalso created a procedure fordealing with complaints aboutinaccessible lottery retailers.

New Hampshire SweepstakesCommission Agrees to AccessPlan -- The New HampshireSweepstakes Commission signedan agreement with the Departmentof Justice to ensure programaccessibility in the States lotteryprogram. The agreement resolved

a complaint charging thatestablishments that sell lotterytickets were inaccessible topersons with mobilityimpairments. New Hampshireagreed to evaluate the accessibilityof lottery sales in the 1300 retailestablishments participating in thelottery program, the geographical dispersal ofaccessible facilities, the ratio of accessible toinaccessible sites in each town and county,

and the rate of use of each retailer. It alsoagreed to develop and implement a plan toensure that the lottery program as a whole isaccessible to people with mobilityimpairments. Because of the large number offacilities participating in the lottery program,the settlement should substantially increasethe overall accessibility of publicaccommodations and State facilitiesthroughout New Hampshire.

2. Achieving Access to Courts

Utah State Courts Provide Interpretersfor Deaf Jurors -- The Utah State Admin-istrative Office of the Courts committed itscourts to provide appropriate auxiliary aids

and services, including qualified interpreters,when necessary to provide an individual witha disability an opportunity to serve as a juror.The agency agreed to establish a policy onproviding interpreters for individuals servingon jury duty, notify the public about thepolicy, and instruct district court officials toadhere to the policy.

Rejected Blind Juror Receives D.C.Damages Award -- Donald Galloway sued

the District ofColumbia SuperiorCourt alleging that itviolated the law bycategorically excludingblind persons from juryservice. The federalcourt agreed, andawarded Galloway$30,000 in damages.The Justice Departmentargued in support of

Galloway thatcompensatory damagescan be obtained underboth the ADA and theRehabilitation Act of1973.

3. Receiving Fair Treatment inLaw Enforcement

Oakland Police Agree to EffectiveCommunication in Arrests, Jails -- TheOakland, California, Police Departmentagreed to take the necessary steps to ensurethat members of the public who are deaf orhard of hearing can communicate effectivelywith police officers during law enforcementsituations ranging from traffic stops to arrests

Donald Galloway wasexcited to be calledfor jury duty in theDistrict of Columbiaand eager to fulfill hiscivic responsibility.At the courthouse,though, he was told

that because he isblind he could havesaved himself the trip-- he would not beallowed to serve.


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to criminal interrogations. The agreementresolved three complaints involving threeseparate incidents between 1994 and 1997where the Oakland Police allegedly failed toprovide appropriate auxiliary aids and servicesto arrestees with hearing impairments. In one

instance, an individual was denied pencil andpaper with which to communicate with jailstaff. In another, a deaf individual who hadborrowed an automobile from a friend wasunable to make a telephone call forapproximately seven hours (because nooperable TTY or text telephone was available)to clear up charges that he had stolen theautomobile. Under the agreement, the policedepartment will adopt policies for providingeffective communication and publish andpublicize them as official operatingprocedures. It also agreed to purchase anadditional TTY, train jail personnel on how tooperate TTYs, and initiate a testing programto ensure the TTYs are functioning properly.The Oakland Police will also ensure that oneof the jail cells that provides a television sethas closed captioning capability. All of theapproximately 700 officers who deal with thepublic will receive extensive ADA training onhow to implement the ADAs effectivecommunication requirements in typical police

situations. This instruction will be providedduring annual police academy training that allofficers are required to attend.

Supreme Court Says ADA ClearlyProtects Prison Inmates-- In a unanimousopinion the Supreme Court ruled inPennsylvania Department of Corrections v.Yeskey that a motivational boot campoperated for selected inmates by thePennsylvania State prison system was subject

to the requirements of the ADA. Prisonerswho successfully complete the boot campprogram were entitled to a significantreduction in their sentence. The Court agreedwith the Department of Justice in ruling thatthe broad language of the ADA clearlycovered prisons and provided no basis fordistinguishing programs, services, or activitiesof prisons from those provided by other publicentities. It rejected the State's arguments that

the law was ambiguous and that prisonerscannot be qualified individuals withdisabilities because they are not in prisonvoluntarily.

DOJ Document -- Commonly Asked

Questions About the ADA and LawEnforcement addresses the ADAobligations of police departments ininteracting with the public, includingeffective communication, programaccessibility, and reasonable modificationsin policies, practices, and procedures.

Houston Police, Courts, and Jail toImprove Communication with DeafIndividuals -- The City of Houston agreed to

significantly improve the way its municipalcourts system, police department, and jailcommunicate with people who are deaf orhard of hearing. Under the settlement, theHouston police, courts, and jails would eachappoint an ADA coordinator, purchase TTYdevices that will enable the agencies tocommunicate effectively by telephone withdeaf TTY users, and train staff in how tooperate the devices.

The Houston Police Department will --

Adopt a new General Order instructingpolice officers on how to interact withwitnesses, victims, and suspected criminalswho are deaf or hard of hearing;

Require that a qualified interpreter be calledin any time a person who is deaf and needsan interpreter is involved in a majoraccident, is suspected of a felony, is underarrest, is being given a test measuring

alcohol consumption, or is giving astatement in a case; and

Provide training about the new proceduresfor every officer at the rank of sergeant andabove, and ensure that the new GeneralOrder is discussed with every officer duringroll call.


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The city jail will --

Inform all people under arrest, who are deafor hard of hearing, that they have a right toauxiliary aids and services at every step ofthe criminal justice process;

Maintain a list of qualified interpreters, whogenerally will be available within one hourof a request; and,

Ensure that there is effectivecommunication between persons who aredeaf or hard of hearing and the medical staffat the jail health clinic.

In addition, the municipal court system will --

Adopt a new written policy guaranteeingappropriate auxiliary aids and services forparticipants in court proceedings, includingparties, witnesses, jurors, and spectators;

Provide information about the new policieson all official notices of court dates,including tickets, summonses, and othersimilar notices, and publish notices in legalperiodicals that reach thecitys legal community;

and

Provide training on thenew policies for everyjudge and courtadministrator.

B. Opening Up Jobs forPersons with Disabilities

The ADA is lowering barriers toeducational and professional advancement

faced by many people with disabilities. TheDepartment has attacked discrimination inpension and retirement benefits and thefailure to provide reasonable accom-modations. It has enforced the right totesting accommodations, to accessibleeducational facilities, and to be free fromundue requests by professional licensingauthorities for personal and privateinformation about physical or mentalconditions.

1. Ensuring Equal EmploymentOpportunity

Illinois Remedies PensionDiscrimination -- In response to a suit filedby the Department of Justice, Illinois enactedlegislation to eliminate discriminatoryprovisions in its police and fire pension code.The Department had sued the board of trustees

of the Aurora policepension fund, the Cityof Aurora, and theState for excludingpolice officers andfirefighters from theCitys pension fundson the basis ofdisability. Under thechallenged system,police officers andfirefighters wererequired to undergo

separate physicalexaminations afterthey were hired todetermine eligibilityfor retirement anddisability benefits.

Even though they were performingsuccessfully on the job, police officers andfirefighters could be denied disability andretirement benefits.


Kevin Holmes servedsuccessfully for ten years asa police officer in Aurora,Illinois. But, because hehad diabetes, he wasexcluded from the Statespension fund. He wouldnot receive the retirementpension available to otherofficers, and if he wasinjured in the line-of-duty,he would not receive anydisability benefits.


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Denver Police Must Pay Back Pay forFailure to Reassign -- The U.S. District Courtin Denver awarded Jack Davoll full back paywith interest in the amount of nearly $150,000and front pay of more than $76,000 in UnitedStates v. City and County of Denver. Davoll

is a former Denverpolice officer whosought reassignmentafter he sufferedinjuries in the line ofduty to his back, neck,and shoulder and couldno longer perform theessential functions of apolice officer. TheDepartment earlier wona jury award on hisbehalf of $300,000 indamages for pain andsuffering because ofDenvers refusal toreassign him to avacant job that he wasqualified to perform -- such as criminalinvestigator or probation officer. The Courtalso granted full back pay relief insimultaneous private litigation to two otherplaintiffs who were denied reassignment. Paul

Escobedo was granted $250,000 in back payand nearly $60,000 in front pay and DeborahClair received $250,000 in back pay and morethan $65,000 in front pay.

My hope from the start of the [Denver] casewas that officers injured in the line of dutywould be able to continue working to providean income for their family. Thanks to the ADA... this case has and will continue to helpinjured workers.

--Jack Davoll

New York Plumbing Board Agrees toTest Accommodations -- The RocklandCounty Board of Plumbing, Heating, andCooling Examiners entered an agreement toresolve a complaint alleging that the Boardviolated title II by denying a plumber with

dyslexia a reader or oral test as anaccommodation on the written portion of theCountys master plumber licensing exam. Theindividual had been a plumber for 42 years,owned his own business until the Countypassed its licensing law in the late 1960s, and

received numerous recommendationsfrom former employers attesting to hisquality work performance andexperience as a plumber and heatingmechanic. Despite his qualifications,the Board denied his requests for thetesting accommodation for the past 23years. Under the agreement, theBoard was required to provide theplumber with a reader or an oral testduring the written portion of the nextlicensing examination. The Boardwas also required to adopt anondiscrimination policy on the basisof disability which was subject toDepartment of Justice approval. Thesettlement followed the issuance of aletter of findings holding that the

Board had violated title II.

2. Opening Gateways toOpportunity

Bar Review Course Agrees to AuxiliaryAids, Damages -- Under a consent decree, thecompany that runs Bar/Bri, the nations largestreview course for students taking the barexam, agreed to provide qualified signlanguage interpreters, assistive listeningdevices, and Brailled materials to studentswith disabilities. The Department had allegedthat the course failed to provide appropriateauxiliary aids to students with vision andhearing impairments. The company, Harcourt

Brace, also agreed to pay $28,000 incompensatory damages, pay $25,000 in civilpenalties to the United States, adopt a policyensuring that auxiliary aids and services areprovided, educate its staff about the needs ofstudents with disabilities, and promote theavailability of auxiliary aids and services in itsadvertising.


Jack Davoll wanted to bereassigned to a vacant job afterbeing injured in the line of duty.


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Students with Disabilities OfferedAdditional SAT Test Dates -- TheEducational Testing Service and the CollegeEntrance Examination Board agreed toschedule more dates in1994 for more than

20,000 students withdisabilities wishing totake the new version ofthe ScholasticAssessment Test.Under the originaltesting schedule,students withdisabilities requiringaccommodations wereoffered only one date totake the updatedversion, as opposed totheir peers who hadseveral opportunities totake the test. Theagreement also allowedapproximately 2,600 students with disabilitieswho took the old version of the test the chanceto cancel their scores and retake the newexam.

The ADA gave me an equal chance to take the

SAT. Because of that chance, I have graduatedfrom Tufts University and have completed myfirst year of law school at AmericanUniversitys Washington College of Law.It has made a huge difference in my life.

-- Jackie Okin

C.P.A. Review Course ProvidesInterpreters, Assistive Listening Devices --In a 1994 settlement resolving the first lawsuitfiled by the Justice Department under theADA, Becker C.P.A. Review, which prepares

over 10,000 students annually to take thenational certified public accountant exam,agreed to amend its auxiliary aids policy.Where a need can be demonstrated, Beckerwill provide qualified sign languageinterpreters and assistive listening devices tostudents who are deaf or hard of hearing.Becker also agreed to appoint a national ADAcoordinator, train its staff regarding the policy

revision, pay $20,000 in damages to bedistributed to deaf and hearing impairedstudents, and establish a $25,000 scholarshipfund for accounting students at California

State University who havehearing impairments.

The ADA gave meempowerment. Knowing that Ihad the ADA on my side made memore assertive in standing up formy rights which made me a betterperson and allowed my talentsand skills to come through. TheADA also gave me peers ....Before the Becker CPA Reviewcase, there were very few deafCPAs. Now, there are many more

deaf CPAs.... Thank you ADA!-- Rod Jex

Social Work Board Agrees to QualifiedReaders for Blind Test Takers-- In 1999,two national standardized testing agencies, theAmerican Association of State Social WorkBoards and Assessment Systems, Inc., agreedto provide qualified readers for test takers with

vision impairments and to pay $3,000 to acomplainant who was not allowed to use hisown reader for the social work licenseexamination. Instead, he was allegedlyrequired to use a college student who had beenhired to work at the registration table and hadnever read for a person with a visionimpairment. During the exam, the readerallegedly stumbled over technical terms andmade mistakes in marking and recording theanswers. AASSWB and ASI agreed to adopt

written policies to ensure that readers areproficient in reading for people with visionimpairments, that they are familiar with theexamination, and that they work with the test-taker prior to the examination to allow thereader to adapt to the test-takers style ofreceiving information. The agreement alsomakes clear that the testing entities may alsosimply choose to allow test-takers with visionimpairments to supply their own reader.


Jackie Okin is now in law schoolstudying to be a civil rights attorney.


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Justice Sues for Law Admission TestAccommodations -- In 1999, the Departmentfiled suit against the Law School AdmissionCouncil (LSAC) for not making reasonablemodifications in policy to allow individualswith physical disabilities in appropriate cases

to have additional time to take the Law SchoolAdmission Test (LSAT). The suit, filed in theU.S. District Court for the Eastern District ofPennsylvania, alleged that LSAC violated theADA when it denied four individuals withphysical disabilities, including cerebral palsyand juvenile rheumatoid arthritis, additionaltime on the multiple choice portion of theLSAT, a standardized test administered tothose seeking admission to law school. Thecomplaint alleged that LSAC illegallyfollowed a policy of requiring applicants withphysical disabilities to submit apsychoeducational assessment as the basis fordetermining whether extra time is appropriate.Such assessments, which are typically used todiagnose whether individuals have learningdisabilities, are not appropriate fordetermining whether extra time is needed forindividuals with physical disabilities. Thecomplaint also asserted that LSAC failed toindividually assess requests foraccommodations, provide adequate reasons

for denying accommodations, and engage inan interactive process with individuals seekingtesting accommodations. The lawsuit askedthe court to order LSAC to change its policies,pay civil penalties, and award compensatorydamages to the four named individuals.

Duke Will Make ComprehensiveChanges for Campus Accessibility -- DukeUniversity in Durham, North Carolina, agreedto make a broad range of programs and

facilities more accessible to persons withdisabilities including academics, dining andliving facilities, and social aspects of campuslife. Under the agreement, Duke will --

Modify elevators, entrances, counters, foodservice lines, telephones, and bathroomsthroughout campus so they are accessible topersons with disabilities;

Create accessible circulation paths to,among, and within university buildings andother facilities by repairing sidewalks andmodifying hallways, doors, and ramps;

Ensure that all programs and classes in

which individuals with physical disabilitiesare enrolled are located in accessiblespaces;

Modify shuttle bus route schedules toensure that accessible buses run regularlyand frequently on each route;

Make dormitory rooms fully accessibleupon enrollment of students with disabilitiesuntil two percent of all dormitory rooms oncampus are accessible;

Enlarge doorways in at least half of therooms on floors with accessible rooms in 18of 25 dormitories, so students usingwheelchairs can visit friends;

Provide accessible seating in the CameronIndoor Stadium and other assembly areas,access to stages and backstage areas aroundcampus, and assistive listening devices inassembly areas;

Provide accessible parking throughoutcampus;

Replace signs throughout campus so theycan be read by people with visionimpairment and so that people with mobilityimpairments are properly directed toaccessible routes and spaces; and

Pay $25,000 in civil penalties to the United

States and $7,500 in compensatory damagesto the complainant, a wheelchair user whograduated from Duke in 1997.

Casey Martin May Use Golf Cart,Appellate Court Rules -- The U.S. Court ofAppeals for the Ninth Circuit ruled in Martinv. PGA Tour, Inc. that Casey Martin, aprofessional golfer from Oregon with a raredisability, Klippel-Trenaunay Syndrome,



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which substantially limits his ability to walk,has the right to a reasonable modification ofthe PGA Tours ban on carts that would allowhim to use a golf cart in tournamentcompetition. The PGAargued that its rules

governing tournamentcompetition were notcovered by title IIIbecause the area of thegolf course that isrestricted tocompetitors is not opento the general publicand is not a place ofpublic accom-modation. It alsoargued that allowingMartin to use a cartwould fundamentallyalter the competition.The Department filedan amicus brief arguingthat the no-carts rulecould be challengedunder title III and that waiving the rule in thiscase would be a reasonable modificationrequired by the ADA. The court of appealsagreed with the Department and ruled that the

PGAs tournament rules are covered by title IIIbecause the playing areas are part of a place ofpublic accommodation. It also concluded thatpermitting Martin to use a cart would notfundamentally alter the competition because,in Martins particular case, it would not givehim an unfair advantage. The court found thatthe purpose of the rule was to inject fatigueinto the game, but that Martin experiencesmore fatigue than the other golfers, even if heuses a cart, and would not gain a competitive

advantage.

All I ever wanted was the chance to play andto see how good I could be. Without the ADA Inever would have been able to pursue mydream of playing golf professionally.

-- Casey Martin

NCAA to Revise Eligibility Require-ments to Accommodate Student-Athleteswith Learning Disabilities-- The NationalCollegiate Athletic Association agreed to

modify policies that each yearprevented hundreds of students

with dyslexia and other learningdisabilities from playing collegesports and receiving athleticscholarships. The 1998agreement in United States v.National Collegiate AthleticAssociation, which was filed inthe U.S. District Court for theDistrict of Columbia, stemmedfrom a series of complaintslodged with the Department bystudent athletes alleging that the

NCAAs initial-eligibilityacademic requirementsdiscriminate against student-athletes with learning disabilities.The agreement requires theNCAA to modify its policieswhile at the same time enabling it

to maintain its academic standards. TheNCAA agreed to --

Revise its rules so that classes designed for

students with learning disabilities can becertified as core courses if the classesprovide students with the same types ofknowledge and skills as other college-boundstudents;

Allow students with learning disabilitieswho are unable to meet the initial eligibilityrules when they graduate from high schoolto earn a fourth year of athletic eligibility ifthey complete a substantial percentage of

their degree work and maintain goodgrades;

Direct its committees that evaluateapplications filed by students who do notmeet the requirements but are seeking awaiver to consider a broad range of factorsin reviewing the student's high schoolpreparation and performance when decidingwhether to grant a waiver and not to use a


Casey Martin uses his golf cartduring golf tournaments.


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minimum qualifying test score on the SATor ACT; and

Include experts on learning disabilities onthe committees that evaluate waiverapplications.

In addition, the agreement required theNCAA to undertake efforts designed toprevent further violations of the ADA,including designating one or more employeesas an ADA compliance coordinator to serve asa resource to NCAA staff and as a liaison withstudents with learning disabilities; providingtraining to its staff regarding the new policies;and publicizing the terms of the agreement tohigh schools, students, parents, and membercolleges and universities. The NCAA alsoagreed to pay a total of $35,000 in damages tofour student-athletes.

3. Providing Freedom fromUnnecessary Inquiriesinto Disability

Professional Licensing Reform ProceedsNationwide -- By challenging overly broadmental health inquiries by State licensing

officials of applicants for professional licenses(law and medicine), theDepartment has spurred reformefforts nationwide. In briefsfiled in New Jersey, Florida, andVirginia, the Department arguedthat broad questions about anindividual's history of treatmentor counseling for mental,emotional, or nervous conditionsthat do not focus on currentimpairment of an applicant'sfitness to practice in a givenprofession violate the ADA. Inone case challenging anunnecessarily broad inquiry intopast mental health treatment, theFederal court ordered theVirginia Board of Bar Examinersto stop asking bar applicantswhether they had received

counseling within the past five years.

I was thrilled ... The ADA and this case helpedto reduce discrimination in professionallicensing. I enjoy citing it in my work as adisability rights lawyer.

-- Ellen Saideman, who successfullychallenged Floridas mental health questionsfor new lawyers.

C. Enjoying the AmericanWay of Life

A primary goal of the ADA is to bringpeople with disabilities into the mainstreamof the American economy. The Department

has achieved greater accessibility in a widevariety of private-sector settings, includingshopping, dining, recreation, and businessand leisure travel.

1. Becoming Part of theEconomic Mainstream

Venture Department Stores ModifiesCheck Cashing Policy -- The Departmententered into a consent decree resolving its

lawsuit against Venture Stores, Inc., a St.Louis company withmore than 90 discountdepartment stores ineight States. Ventureagreed to modify itspolicy of permittingonly customers withdrivers licenses to paywith a personal check,and will now permitindividuals who do notdrive because of adisability to pay bycheck if they have anon-driver State IDcard. It also agreed tocompensate thecomplainants.


Joan Abbati hasepilepsy and is unableto get a drivers license.When makingpurchases by check, sheshows the cashier an IDcard issued by theState of Illinois. AVenture discountdepartment store inChicago refused tohonor the card,preventing her frompaying by check.


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Discount Department Store ChainRemoves Barriers -- By consent decree, theDepartment resolved a case against Gibson'sDiscount Center, the operator of 30 discountdepartment stores ineight Midwest and

Rocky MountainStates. TheDepartmentinvestigated complaintsagainst severalGibson's departmentstores alleging thatGibson's had failed toremove architecturalbarriers to access andthat it had madealterations that did notcomply with the ADA'sStandards forAccessible Design.Gibson's agreed tobring all its stores intofull compliance withthe Standards; provideat least one accessiblefitting room and entrance at each store; andoffer accessible parking, check-out aisles, andrestrooms. Gibson's also agreed to pay

$30,000 in civil penalties and $15,000 incompensatory damages.

Smith Barney to Provide Large PrintAccount Statements -- Under a formalsettlement, Smith Barney, a nationwidefinancial planning services company, agreedin 1994 to provide, upon request, financialstatements and correspondence in large printto its customers with vision impairments.(Smith Barney already provided documents in

Braille.) Smith Barney also agreed to pay$1,500 to the complainant and notify itscustomers of the new service.

Friendlys Agrees to Chainwide BarrierRemoval Program Under Title III -- TheU.S. Attorney for the District of Massachu-setts and the Massachusetts-based Friendly IceCream Corporation entered into a consentdecree under which Friendlys agreed to

engage in an aggressive barrier-removalprogram to increase accessibility throughoutits chain of 704 restaurants in 15 States. The1997 consent order required Friendlys to

come into substantialcompliance within six years. In

the first year, Friendlys agreedto complete barrier removal at117 locations, including alteringthe entrances (removing steps,widening doorways, andredesigning vestibules) at those93 restaurants that currently haveinaccessible entrances. Otheralterations required by theconsent order includeredesigning dining areas toaccommodate wheelchair users;striping parking areas to includeaccessible spaces; and alteringbathrooms by wideningdoorways, increasingunobstructed floor space, andinstalling grab bars andaccessible door hardware. Inaddition, the consent order

required the company to pay a civil penalty of$50,000.

Waiting Lines will be Accessible atWendy's Restaurants -- Nearly 1,700Wendy's restaurants will become moreaccessible to their customers with disabilitiesunder a 1998 agreement reached with theDepartment of Justice and nine State attorneysgeneral. The out-of-court agreement stemsfrom a joint nationwide investigation of therestaurant chain by the Department of Justiceand nine States -- the first time theDepartment has teamed up with States to

launch an investigation under the ADA.Wendy's International, Inc. agreed to eitherwiden the queues in which customers wait toorder food, or remove the railings or otherdividers marking the queues to accommodatecustomers who use wheelchairs. Prior to theagreement, customers who use wheelchairshad to cut to the front of the line or standoutside the customer queue and wait to berecognized by a restaurant employee because


In some Kansascommunities, GibsonsDiscount Center is theonly place in town toshop for clothing,hardware, electronics,and sporting goods.But for RichardKnight, who uses a

wheelchair, it was oftenimpossible to shop athis hometown storebecause of insufficientaccessible parking andinaccessible restrooms.


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the queues were too narrow. The agreementresolved a two-year investigation into accessissues at Wendy's restaurants by theDepartment of Justice and State attorneysgeneral from Arizona, California, Florida,Illinois, Kansas, Massachusetts, Minnesota,

Pennsylvania, and West Virginia. The jointtask force visited newly constructed and olderWendy's restaurants in 12 States, whichinclude the nine States, as well as Louisiana,Ohio, and Washington.

Under the agreement, the Ohio-basedchain agreed to --

Either remove or widen the customerqueues at all of its nearly 1,700corporate-owned or leased restaurants in 39States;

Modify its prototype architectural plans forfuture restaurants, both corporate-ownedand franchised, to incorporate accessiblecustomer queue designs;

Notify all franchisees of the agreement andtheir obligations under the ADA, andprovide them with technical assistance;

Allow the task force to conduct spot checksof restaurants covered by the agreement toensure that customer queues have beenremoved or widened;

Remove various other barriers found at the17 newly constructed restaurants visited bymembers of the joint task force;

Pay the joint task force $50,000; and

Pay a total of $12,000 in damages to fiveindividuals or entities who filed complaintswith the Department of Justice or Stateattorney generals offices, regardingaccessibility at Wendy's.

Florida Convenience Store ChainAgrees to Access Modifications -- Theowners of Swifty Mart Convenience Storesagreed to remedy access violations at 53stores. Swifty Mart will provide accessibleparking spaces with appropriate signage; curb

ramps where an accessible route crosses acurb; refueling assistance to any person with adisability who specifically requests refuelingassistance when more than one employee is onduty and no security risk will result; and ADAtraining for employees. It also agreed to pay acivil penalty of $5,000 and to ensure that anystores that it purchases or leases in the futurewill meet the requirements of the ADAStandards for Accessible Design.

Commercial Real Estate Firm Pays$560,000 in Damages, Penalties forDiscrimination in Leasing -- Under anagreement with the Department of Justice,TrizecHahn Corporation, a commercial realestate corporation that refused to lease spaceto a nonprofit organization that serves personswith disabilities will no longer discriminateagainst people with disabilities and will takecorrective action to ensure that it does nothappen in the future. TrizecHahn owns,manages, and develops retail and office

properties throughout the United States,including a facility in Rosslyn, Virginia. TheENDependence Center, based in Arlington,Virginia, attempted to lease office space inTrizecHahn's Rosslyn, Virginia, building, butthe leasing agent refused to enter into anynegotiations with the center and refused tolease the space to the center because the centerserves persons with disabilities. TrizecHahnagreed to no longer discriminate againstindividuals with disabilities when leasing

commercial real estate; pay $550,000 to thecenter and $10,000 in civil penalties to theUnited States; and train employees in theWashington, D.C. area on the requirements ofthe ADA that pertain to the leasing ofcommercial real estate.



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Safeway Settlement has NationwideImpact -- Safeway Stores, Inc., entered anagreement with the Department of Justicerequiring it to create at least one 32-inchopening between the security bollards or cartcorrals used at the entrances to many of its

stores so that customers who use wheelchairscan have greater access. Safeway will alsolaunch a nationwide compliance plan where itwill survey all of its 835 stores, determine theareas throughout the stores that do not meetADA requirements, and take steps to ensurecompliance. The agreement resolved acomplaint filed with the Department regardinga Safeway store in Washington, D.C. Otherparties to the agreement include twoindividuals with disabilities and the DisabilityRights Council of Washington, D.C., whichsued the chain under the ADA, as well as theDisability Rights Education and DefenseFund, which had received several complaintsabout Safeway's California stores.

2. Increasing Access toRecreational Activities

Empire State Building RemovesBarriers to Observation Decks -- The JusticeDepartment alleged that the owners of theEmpire State Building failed to removearchitectural barriers where it was readilyachievable to do so. An agreement mandatedchanges to the lobby, entrance, observationdecks, restrooms andtelephones, but doesnot cover any privatelyleased office space inthe building.

South Dakota County Fair MadeAccessible-- Minnehaha County agreed to awide range of measures to ensure accessibilityat the Sioux Empire Fair. The South Dakotacounty agreed to renovate several bathrooms,install two TTY's at pay phones, create an

accessible path of travel through areas of theFairgrounds, upgrade accessible parking,make the vending and ticketing counters andbooths accessible, provide materials to Fairvolunteers and patrons regarding theaccommodations available for people withdisabilities, and adopt a policy that allowspatrons with mobility impairments to buy thesame number of companion tickets to Fairconcerts that other patrons are able to buy.

Disney Agrees to Interpreters,Captioning, Assistive Listening Systems--The Department and Walt Disney Worldreached a comprehensive agreement resolvingcomplaints that Disney had failed to provideauxiliary aids for effective communication forpersons who are deaf or hard of hearing.Disney agreed to --

Provide oral and sign language interpretersat numerous specified attractions at WaltDisney World in Florida and at Disneyland

in California, upon notice two weeks inadvance of an individual's planned visit;

Make captioning systems available withoutreservation at the entrance to specified rides

or shows, at both Disney resorts;

Provide transcripts to personswho are deaf or hard ofhearing at attractions andallow these individuals an

opportunity to ride anattraction promptly a secondtime in order to betterunderstand the written text;

Schedule interpreters atspecified shows,performances, and rides on arotating basis so that guestscan attend all interpreted


An accessible observation areaatop the Empire State Building


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attractions in one day at one of the threeparks at Walt Disney World in Florida andDisneyland in California;

Provide closedcaptioning on video

monitors in queuesfor attractions andother arcadesthroughout theparks;

Make interpreterschedules availablefrom Walt DisneyWorld andDisneyland GuestServices;

Provide assistive listening systems andwritten transcripts for most attractions forhard of hearing guests who desire them;

Train employees to improve services forguests who are deaf or hard of hearing; and

Advertise its services for guests who aredeaf or hard of hearing.

The interpreters were out of this world! Theycouldnt have been better. Our experience waswonderful.

-- Shirley Krueger, who returned withher family to Disneyworld and was able to fullyenjoy the visit.

MGM Grand Hotel, Casino, and ThemePark to Become Fully Accessible to Peoplewith Disabilities-- Under an agreementreached with the Department of Justice,people with disabilities will be able to fullyenjoy the entertainment and attractions at theMGM Grand Hotel, Casino and Theme Parkin Las Vegas, Nevada, the worlds largesthotel and casino complex. MGM Grand will--

Increase the number of accessible guestrooms for individuals with disabilities byadding 36 rooms during the course of

renovations, including rooms with roll-inshowers, bringing the total number of fullyaccessible guest rooms to 112;

Increase the number ofaccessible guest rooms for

individuals with hearingimpairments by adding 15 roomswith visual alarms during thecourse of renovations, bringingthe total number of fullyaccessible rooms for individualswith hearing impairments to 46,and making available 15additional kits containing visualnotification devices, TTYs, anddoor knockers;

Make restrooms throughout thefacility fully accessible to persons withdisabilities by adding stalls for people whouse crutches or walkers, adding grab bars,and relocating doors;

Ensure that the casinos are fully accessibleto persons with disabilities by adding morelowered gaming tables and accessibleservice counters and improving access tothe high roller gaming areas;

Install visual alarms throughout the facilityfor individuals who are deaf or hard ofhearing;

Improve access in the Grand andHollywood Theaters and in the MGMGrand Garden, which host major sportingevents and concerts, by adding accessiblewheelchair and companion seatinglocations, lowering ticket and box office

counters, and providing assistive listeningdevices for people who are hard-of-hearing;

Provide full access for people withdisabilities at restaurants and retailestablishments within the facility by addinghandrails in entrances, lowering cashiercounters, and providing accessible dressingrooms and adequate knee space in diningbooths;


Sign language interpretersat Walt Disney World.


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Make pool and spa areas fully accessible topeople with disabilities; and

Pay $165,000 in compensation to the threecomplainants.

Major Racing Facility Agrees toComprehensive Barrier Removal -- Under aconsent decree, Dover Downs, a 100,000-seathorse and auto racing facility located inDover, Delaware, agreed to bring the new andaltered portions of the facility into compliancewith the ADA Standards for AccessibleDesign and to remove architectural barriers toaccess in the existing portions of the facility.The facility, which features the Dover DownsInternational Speedway, will make thegrandstands accessible by providing more than300 accessible wheelchair seating locationswith companion seating and accessible routesand ramps to these seating areas. It willprovide designated accessible parking areasadjacent to grandstand entrances and developa policy for the transportation of people withdisabilities between the accessible parkingareas and the gates serving the Speedwaysgrandstand seating. Restrooms will be madeaccessible, service counters and bettingwindows will be lowered, and other steps will

be taken to make the Dover Downs Slotsfacility fully accessible. Dover Downs alsoagreed to provide annual employee trainingregarding nondiscriminatory service toindividuals with disabilities and to pay$20,000 in compensatory damages to thecomplainant.

Radio City Installs Accessible Seating--The U.S. Attorney for the Southern District ofNew York filed, and resolved by consent

decree, a lawsuit against the owners andoperators of Radio City Music Hall, a historictheater dating from the 1930s. The theaterhas nearly 6,000 seats, with over 3,400 on theorchestra level, and the remainder on threemezzanine levels. Radio City agreed to install59 wheelchair and companion seatinglocations and 60 aisle seats with removablearmrests. It will also modify its ticketingpolicies to reserve accessible seats for persons

with disabilities until all other seats are sold.To compensate for the lack of wheelchairseating on upper levels, Radio City agreed todiscount a portion of the orchestra wheelchairseating so that persons with disabilities will beable to purchase tickets at a range of prices

comparable to the general public. Radio Cityalso agreed to remove barriers affectingexterior and interior routes, doors, andelevators; service areas such as restrooms,telephones, drinking fountains, concessionareas, and a ticket window; dressing roomsand adjacent shower/toilet rooms; and tourroutes. Radio City will make available 240assistive listening devices and install visualalarms that comply with the ADA. It will alsoprovide signage throughout the public areasdirecting patrons with disabilities to accessibleroutes and service areas.

Yankee Stadium Increases AccessibleSeating-- A consent decree entered into bythe U.S. Attorney for the Southern District ofNew York, the New York Yankees, and theCity of New York will vastly increase thenumber of accessible wheelchair seatinglocations at Yankee Stadium. In the past, atotal of only 44 pairs of wheelchair andcompanion seating locations were available at

the stadium, 12 of which were sold at thehighest ticket price level and none of whichwere sold at any of the lowest three ticketprice levels. Under the agreement, theYankees and the city agreed to increase thenumber of wheelchair and companion seatinglocations to up to 400 pairs of seatinglocations and disperse those seating locationsthroughout the lower levels of the stadium.These areas include infield and outfieldseating on the field level, in the main level

boxes, the main reserve section, the bleachers,the loge, and in two entirely new seatingsections to be constructed in an area nearMonument Park in left field and in an areabehind right center field. The consent decreealso requires the defendants to provide at least300 designated aisle transfer seats in thestadium. In addition, the defendants agreed tosell tickets to both regular season and post-season games for all but 18 of the wheelchair



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seating locations at the three lowest ticketprice levels (there are eight ticket price levelsfor the 2000 season), provide persons withdisabilities the opportunity to purchase regularseason and postseason tickets through all ofthe same methods afforded to persons without

disabilities, and make components withinYankee Stadium, such as exterior and interiorroutes, signs, restrooms, telephones, drinkingfountains, concession areas, elevators, ticketwindows, restaurants, luxury suites, and pressareas accessible to persons with disabilities.The Yankees also agreed to pay a $25,000civil penalty and to make $10,000 incharitable contributions.

Renaissance Fair Removes Barriers --The Department entered into a agreement withMid-America Festivals, operator of theMinnesota Renaissance Festival in Shakopee,Minnesota, the largest renaissance festival inthe country. The agreement resolved acomplaint filed by a wheelchair user whoalleged that he was unable to visit many of theshops and booths at the festival because theywere not accessible and because some shopshad ramps that were dangerously steep.Mid-America agreed to provide an accessibleticket window, as well as remove all barriers

to access at several food booths and shops.They also agreed to provide accessibleportable restroom facilities and accessibletelephones, and pay a civil penalty of $4,000.

Movie Theater Chain Agrees toNationwide Settlement -- Cineplex OdeonCorporation, one of the nation's largestoperators of motion picture theaters, agreed toincrease significantly the number of receiversit provided for assistive listening systems in its

more than 800 motion picture theater audit-oriums throughout the United States. Prior tothe 1996 agreement, Cineplex provided fourreceivers for each auditorium, regardless of itssize. The company will now provide receiversat the rate of two percent of seats in all audi-toriums that opened prior to January 26, 1993.It will also provide receivers at a rate of fourpercent of seats in all auditoriums whereaudio-amplification systems have been re-

placed since January 26, 1992, in order tocomply with ADA provisions governing alter-ations to existing places of public accom-modation. (The company already providedreceivers at the rate of four percent of seats innew theaters, in strict compliance with the

ADA Standards for Accessible Design.)Cineplex Odeon also agreed to provide oneneck loop per screen in theaters with six orfewer screens and one for every two screens intheaters with more than six screens. Neckloops facilitate the use of assistive listeningsystems by people who use hearing aids.Additionally, the company will monitor use ofassistive listening systems at all theaters andpurchase additional receivers where necessaryto meet additional demand, even at theaterswhere receivers will be provided at the rate offour percent of seats.

National Movie Theater Chain Agrees toAccessible Wheelchair Spaces, CompanionSeats-- The Department entered into a formalagreement and consent decree with UnitedArtists Theatre Circuit, Inc. (UATC), one ofthe nations largest exhibitors of motionpictures, that will ensure compliance with theADAs barrier removal and new constructionprovisions at more than 400 theater locations

with approximately 2,300 screens throughoutthe United States. The 1996 consent decree,which was filed simultaneously with theDepartments intervention in Arnold v. UnitedArtists Theatre Circuit, Inc., resolved that suit.The Arnold case was a private class action suitbrought on behalf of California residents withmobility impairments who encounteredbarriers at UATC theaters. The agreementrequired UATC to take the following actionsin almost all of its existing theaters throughout

the country

Provide parking spaces that comply indesign and number with the requirements ofthe ADA Standards for Accessible Design;

Provide an accessible path of travel fromparking spaces to an accessible theaterentrance;



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Provide in each auditorium the number ofwheelchair seating spaces required incomparably-sized, newly-constructedauditoriums, with companion seating;

Ensure that one percent of the total number

of seats is aisle seats with folding orremovable aisle-side armrests;

Provide at least two dispersed wheelchairseating locations at a distance of from one-third to two-thirds of the way back from thescreen in auditoriums with more than 300seats; and

Modify existing restrooms to make themaccessible or construct unisex accessiblerestrooms that comply with the Standards.

UATC was also required to bring alltheaters constructed for first occupancy afterJanuary 26, 1993, into full compliance withthe Standards by no later than June 30, 1997,and to ensure that future constructioncomplies with the Standards.

3. Removing Obstacles toBusiness and Leisure Travel

Avis to Provide Hand Controls forRental Cars -- Under a formal settlement,Avis, Inc., the country's second largest carrental company, agreed in 1994 to providerental cars with hand controls for persons withdisabilities -- with as little as eight hoursnotice in most major airport locations. Avisalso agreed to urge all existing licensees toadopt the same policy, require all newfranchisees and those renewing their contractsto adopt the policy, train its staff at its

corporate-owned rental locations, and allowpersons who are unemployed due to adisability and who do not use credit cards, tosubstitute verifiable disability-related incomein lieu of a verifiable employment history.Also, Avis agreed to allow persons whocannot drive due to a disability to rent cars intheir own name and maintain financialresponsibility for renting the car whenaccompanied by a licensed driver.

Hawaii Resort Hotels Agree toAccessibility Changes -- The Departmentsued Pleasant Travel Service, Inc., and itssubsidiary, Hawaiian Hotels & Resorts, Inc.,who own and operate several resort hotels inHawaii and California. It alleged that the

hotels failed to remove barriers to access andrenovated the hotels in ways that did notcomply with the ADA's standards. Under aconsent decree, the Royal Lahaina Resort, theRoyal Kona Resort, and the Kauai CoconutBeach Resort agreed to provide accessibleparking; modify restrooms to make themaccessible; provide access to restaurants,swimming pools and the luau areas; and offerbetween 12 and 14 accessible guest rooms ateach hotel. Also, the defendants agreed to paya total of $25,000 in compensatory damages totwo individuals who use wheelchairs and$25,000 in civil penalties.

Holiday Inn and Crowne Plaza Hotelswill Improve Access and ModifyReservation Policies -- The Departmentsigned two settlement agreements in 1998with Bass Hotels & Resorts (BHR) and 20separate agreements with individual hotelfranchise owners to resolve ADA violationsthroughout BHRs Holiday Inn and Crowne

Plaza hotel chains. The agreement with BHRon reservations and rental policies requiredthat each hotel in the two chains must --

Guarantee reservations for accessible roomsas they guarantee other types ofreservations;

Hold all accessible rooms for persons withdisabilities until 6 p.m., at which time theycan release all but two (one in each of the

two standard categories of single anddouble bed rooms), which must be helduntil all other rooms of that type are sold;and

Compile a list of accessibility features to bekept at the hotels front desk and madeavailable to anyone who calls the hotel orthe central reservations system.



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The second agreement required BHR tomake modifications in three hotels it currentlyowns or manages and to pay $75,000 to theKey Bridge Foundation to establish amediation program for ADA complaints.BHR also agreed to pay a total of

approximately $75,000 to the United Statesand the complainants to resolve alloutstanding issues.

The Department also reached 20agreements with Holiday Inn and Crown Plazafranchisees resolving accessibility complaintsinvolving hotels in Alabama, Arizona,California, Colorado, Georgia, Illinois,Kansas, Louisiana, Massachusetts, Ohio,Tennessee, and Texas. The agreementsrequire a wide range of modifications,including removal of barriers to access,provision of auxiliary aids, and staff training.

Avis Rent A Car will Improve Access toAirport Shuttle Systems for People withDisabilities -- The nation's second largestrental car company agreed to provideaccessible airport shuttle buses at all of itsairport locations nationwide. The 1999agreement between Avis Rent A Car, Inc., andthe Department of Justice

resolved a complaint filed by atraveler who uses a wheelchairalleging that Avis violated theADA by not providing access tothe shuttle system that operatesbetween the terminal at theDetroit Metro Airport and itsoffsite rental car facilities.During negotiations, Avis agreedto expand the settlement to coverall of its airport shuttle systems

nationwide. Avis agreed to ensurethat --

Each of the 36 shuttle systemsat airport locations that it ownsand operates will have at leastone accessible vehicle byDecember 2000; somelocations will have severalaccessible vehicles;

All newly acquired large shuttle vehicleswill be accessible;

Accessible curbside service, under whichrented vehicles are delivered directly to theterminal where the customer with a

disability is waiting, will be provided at alllocations; and

Barriers to access will be identified andremoved at each airport location.

When the Department began its invest-igation, Avis had only six lift-equippedvehicles out of 286 in its fleet. When Avis isin full compliance with the agreement, it willhave at least 153 accessible vehicles.

Guide Dogs Will No Longer Be Subjectto Hawaii Quarantine -- Hawaii agreed toallow precertified, vaccinated guide dogs forpersons with vision impairments immediateentrance to the State, no longer requiring themto stay in a 120-day quarantine. Theagreement resolved Crowder v. Kitagawa, inwhich the Department of Justice intervened tochallenge the quarantine under the ADA. Thequarantine, established as a rabies prevention

measure, required all

dogs -- includingguide dogs -- to stayat the Statesquarantine facility.Although travelerswith visionimpairments couldvisit their dogs atspecified times, theycould not remove thedogs from the

quarantine facility orotherwise use theirdogs to travel inHawaii during thequarantine period.


Tourists who are blind can now enjoyHawaii with their guide dogs.


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Under the agreement, Hawaii agreed toestablish regulations to permit guide dogs withproper documentation and testing to enter theState immediately upon arrival. Under newregulations adopted by Hawaii, a guide dogowner is required to demonstrate that the dog

is free of rabies through documentation ofrabies vaccinations and serological testing.The owner must also have a certification oftraining from a recognized guide dog school.

Oh, I could have gone to Hawaii without myguide dog, but part of traveling for me, andfeeling comfortable in a place, is having theindependence my dog provides. The ADA hasallowed me ... to feel included in society, ratherthan cared for by it. I have choices. Choice isnot always as available to people with

disabilities as to others in our society.-- Jenine Stanley

Greyhound to Improve Bus Service toPassengers with Disabilities-- An agreementbetween the Department and Greyhound LinesInc., will improve the availability and qualityof accessible bus service for persons withdisabilities. The 1999 agreement resolved awide range of complaints including the denialof passage or boarding assistance to personswith mobility or vision impairments, injuriesto passengers while being physically carriedon and off buses, and verbal harassment. Itrequired Greyhound to pay more than $17,500in damages, which included individualpayments to 14 complainants ranging from$500 to $4,000. Current Department ofTransportation (DOT) regulations permitcarrying, but require Greyhound to providelift-equipped bus service on 48 hours noticebeginning in October 2001. The agreement

will minimize the need for carryingpassengers with disabilities by phasing inaccessible bus service in three stages,beginning two years before lift-equippedservice is required by the DOT rules. Underthe agreement, Greyhound will --

(Through March 31, 2000 only) provide,with 48 hours notice through its ADA

Hotline, a lift-equipped bus or assistivedevice on scheduled departures to and fromlocations where these buses are operated(generally along major routes serving alarge proportion of Greyhound passengers)or where assistive devices can be made

available to passengers who request suchaccommodations;

On 48 hours notice, make reasonableefforts to provide an accessible bus betweenany of the approximately 2,600 pointsserved by Greyhound; and

(Beginning no later than April 1, 2000)guarantee accessible buses between anypoints served by Greyhound, on 48 hoursnotice, except in a limited set of excusablecircumstances defined in the agreement.

The agreement also requires Greyhound to --

Provide training to employees assisting anyperson with a disability;

Establish an internal dispute resolutionprocedure for addressing complaints bypersons with disabilities within 90 days;

Inform individuals with disabilities of theirrights under the ADA and the agreement;

Convene a meeting of a specially createdadvisory committee of representatives fromorganizations advocating the rights ofpersons with disabilities to adviseGreyhound on its training programs andpolicies by September 30, 1999; and

Continue systematically removing barriers

to access in Greyhound facilities.

Although Greyhound only fulfilled 44% ofrequests made in October 1999, Greyhoundsteadily improved, ultimately fulfilling 94% ofpassenger requests for lift-equipped buses byFebruary 2000. In this period alone, up to 251people were saved the humiliation and risk ofbeing physically carried onto a bus.



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Every half hour or so, I became overwhelmedwith the full significance of what we haveaccomplished ... It was a great day for amagnificent, VICTORIOUS ride.

-- Kathleen Kleinmann, a wheelchairuser, who was able to board an accessible busfor the first time for a trip from Harrisburg to

Pittsburgh, Pennsylvania.

Airport Shuttle Service to ProvideAccess to Service Animals -- The ArizonaShuttle Service, which operates a fixed-routeshuttle service between Tucson and PhoenixInternational Airport, agreed to operate andmaintain wheelchair-accessible vans and topermit all types of service animals, not onlyseeing eye dogs, to ride the vans. The

agreement reached by the Disability RightsSection, the United States Attorneys Officefor the District of Arizona, two privateplaintiffs, and Arizona Shuttleresolved two private lawsuitsand two complaints filed withthe Department of Justice. Thetwo complaints investigated bythe Department alleged that theArizona Shuttle Serviceviolated the ADA by refusingto transport an individual withher service animal because theanimal was not a seeing eyedog and by purchasing twonew vans that were notaccessible to people withdisabilities, including peoplewho use wheelchairs. Just before entering theagreement, Arizona Shuttle purchased twoaccessible vans for its fleet. The agreementrequires the company to maintain itsaccessible vans and to post and implement a

service animal policy and a writtenreservations policy that meet the non-discrimination requirements of the ADA. Theagreement required Arizona Shuttle to pay$10,000 in compensatory damages to theindividual who was denied access because ofher service animal. Another wheelchair userand a disability group in Arizona who jointly

sued the company for having inaccessiblebuses and vans will each receive $2,500 indamages. Arizona Shuttle will also pay$5,000 in civil penalties to the United States.

DOJ Document Commonly Asked

Questions about Service Animals in Placesof Business, developed in cooperation withthe National Association of AttorneysGeneral, provides questions and answerson the rights of persons with disabilitieswho use service animals in places of publicaccommodation.

South Carolina Motel Pays Damages,Penalties for Refusing Room -- TheDepartment resolved by consent decree a

lawsuit challenging the outright exclusion ofpeople with disabilities from a motel in SouthCarolina. The Ocean Plaza Motel in Myrtle

Beach refused to renta room to a group oftwo teenagers andtheir mothersbecause the twoteenagers havecerebral palsy anduse wheelchairs.Under the consentdecree, the ownerand operators agreedto implement andpost a formal writtenpolicy that the motelwill not deny persons

with disabilities the services, facilities andaccommodations of the motel; will train itsemployees in the equal and dignifiedtreatment of guests with disabilities; removearchitectural barriers at the motel over a two-

year period, where such removal is readilyachievable; pay $92,000 plus interest to thecomplainants over the two-year period; andpay civil penalties of $5,000 to the U.S.Treasury.


A hotel refused to rent a roombecause the teenagers were wheelchair

users with cerebral palsy.


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D. Ensuring anAccessible Future

To ensure that the future builtenvironment is accessible to people with

disabilities, the ADA requires all newconstruction and alterations to meetspecific architectural design standards.The Department has taken a wide range ofenforcement actions to ensure that owners,architects, and others involved in the designand construction process meet their ADAobligations.

1. Establishing Architect Liability

Future Stadium Designs to Include Lineof Sight Over Standing Spectators -- TheEllerbe Becket architectural firm agreed thatall of the new sports stadiums and arenas thatit designs in the future will be designed toprovide wheelchair seating locations with aline of sight over standing spectators. The1998 agreement specifically applies to anyfacility with more than four fixed seats and inwhich spectators can be expected to stand forall or any part of an event . The consentdecree resolved the Department's lawsuit

alleging that Ellerbe had violated the ADA byrepeatedly designing new sports stadiums andarenas that violated the ADA new constructionrequirement for comparable lines of sight forwheelchair seating locations. Ellerbe arguedthat the court should dismiss the case becausearchitects are not covered by the ADA andbecause lines of sight over standing spectatorsare not required. The court disagreed withboth of these arguments.

DOJ Document -- Common Errors andOmissions in New Construction andAlterations, first distributed at aconference cosponsored by the AmericanInstitute of Architects, assists architectsand the construction industry in designingand constructing buildings that complywith the ADA.

2. Making Newly ConstructedBuildings Accessible

Nationwide Restaurant Chain Agrees toAccessible New Construction -- Lone Star

Steakhouse and Saloons, a nationwiderestaurant chain operating 105 restaurants in29 States, agreed to bring 97 new or alteredfacilities into full compliance with the ADA.This 1995 agreement was the first resultingfrom a compliance review, a process by whichthe Department reviews architectural plans todetermine if new construction projects willcomply with the ADA's standards. Byreviewing the plans and visiting several sites,officials learned that Lone Star failed to

provide accessible seating, restrooms, andparking, as well as accessible routes fromparking areas. Lone Star also agreed tocontribute a total of $5,000 to four disabilityadvocacy groups.

New Olympic Stadiums Are FullyAccessible -- The Department entered intoagreements to ensure full accessibility at fivevenues newly designed and constructed for the1996 Olympic Games and Paralympic Gamesin Atlanta, Georgia. The agreements with theAtlanta Committee on the Olympic Gamesand the Metropolitan Atlanta Olympic GamesAuthority make the Olympic Stadium, theAquatic Center, the Stone Mountain TennisCenter, and the field hockey stadiums atMorris Brown College and Clark AtlantaUniversity models for accessible stadiumdesign nationwide.

Under the agreements, the facilities --

Provide accessible seating as an integralpart of the seating plan;

Have at least one percent of their totalseating accessible for persons usingwheelchairs;

Disperse the accessible seating throughoutthe stadiums, including in specialty seating



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areas, such as the suites and the club levelof the Olympic Stadium;

Provide a conventional seat next to eachwheelchair space so that spectators withdisabilities can sit next to family and

friends;

Ensure that virtually all wheelchair seatshave a comparable line of sight so thatwheelchair users can still see the playingsurface even when spectators in front ofthem stand up during an event;

Provide an accessible route from parkingand transportation areas to the wheelchairseating locations that connects with allpublic areas of the stadiums; and

Provide full accessibility at all concessionstands, restrooms, parking areas (includingparking for vans), automatic bank machines,locker rooms, portable toilets, and employeecommon-use areas.

After the conclusion of the Olympic andParalympic Games, the five facilities wereconverted into smaller, permanent sportsfacilities. For example, the Olympic Stadium

became the new home for the Atlanta Bravesand the Aquatic Center became a swimmingfacility for the Georgia Institute ofTechnology. The agreements ensured that thepost-Olympic configuration of the facilitieswill also be fully accessible.

DOJ Document -- Accessible Stadiumshighlights key ADA accessibilityrequirements, including the provision ofwheelchair seats that have a comparableline of sight allowing wheelchair users tosee the playing surface even when otherspectators stand up in front of them.

Three 1999 Lawsuits ChallengeStadium-style Theater Design --

United States v. AMC Entertainment,Inc. -- The Department filed suit against AMC

Entertainment, Inc., and American Multi-Cinema, Inc., in the U.S. District Court for theCentral District of California for violating theADA in the design, construction, andoperation of stadium-style movie theaters inthe AMC chain. The two theaters named in

the complaint are the Norwalk Theater inNorwalk, California, and the Promenade 16Theater in Woodland Hills, California. Thenewly constructed AMC theaters have twotypes of seats -- stadium-style seats, whichprovide comfortable, unobstructed lines ofsight to the screen, and traditional seating,which is located on the sloped floor at thefront of the theater immediately in front of thescreen. Although AMC marketed the theatersas providing stadium-style seating, it placedthe wheelchair seating only in the lessdesirable traditional seating on sloped floors.Wheelchair users are therefore denied a movieviewing experience that is comparable to thatafforded to other members of the generalpublic. The complaint alleged other accessviolations including the failure to providecompanion seating next to wheelchair seats;failure to provide handrails; inadequate spaceat wheelchair seating locations; andinaccessible concession counters, bathrooms,and telephones.

United States v. Cinemark USA, Inc. --The Department filed suit against CinemarkUSA, Inc., in the U.S. District Court for theNorthern District of Ohio alleging that three ofCinemarks Ohio theaters, as well as itsstadium-style seating theaters across thecountry, violated the ADA by failing both toprovide comparable lines of sight towheelchair users and to make wheelchairseating locations an integral part of the

stadium-style seating.

Lonberg v. Sanborn Theaters, Inc. --The Department intervened in an ongoinglawsuit in the U.S. District Court for theCentral District of California brought by twowheelchair users against the Market PlaceCinema in Riverside California, a facility thatoffers stadium-style seating. The suit allegesthat Sanborn violated title III because it does



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not provide adequate numbers of wheelchairseating locations, fixed companion seats nextto wheelchair seating locations, aisle seatswith removable armrests, and wheelchairseating locations with lines of sightcomparable to those for other members of the

general public.

Days Inns Will Promote Accessibility atNew Hotels Nationwide -- The world'slargest hotel chain agreed to undertake anationwide initiative designed to makehundreds of its new hotels across the countrymore accessible to persons with disabilities.The 1999 consent decree resolved fivelawsuits filed by the Department of Justice.The suits alleged that franchiser Days Inns ofAmerica, Inc, and its parent company,Cendant Corporation (formerly HFS, Inc),because of their significant role in the designand construction of new Days Inns hotels,violated the ADA by allowing franchisees toconstruct hotels that failed to comply with theADA Standards for Accessible Design. Underthe agreement, Days Inns will --

Require new hotels to certify that they arein compliance with the ADA Standardsbefore they open for business as Days Inns;

Pay for an independent survey programdesigned to identify ADA problems atnewly constructed hotels;

Establish a $4.75 million revolving fund toprovide interest-free loans to franchisees ofnewly constructed hotels to finance repairsand renovations required for ADAcompliance; and

Pay $50,000 to the United States.

The agreement ended four years oflitigation that followed an 18-monthinvestigation of newly constructed Days Innhotels across the country. The investigationrevealed that similar accessibility problemsexisted throughout the chain, including, forexample, insufficient accessible parking,inaccessible entrances and walkways at the

facilities; inadequate space for persons whouse wheelchairs to maneuver in guestroomsand bathrooms; insufficient visual alarmsystems for persons who are deaf or hard ofhearing; inadequate signage for persons whoare blind or have low vision; inaccessible

routes throughout the hotels; and guestroomand bathroom doors that were not wideenough to allow wheelchairs to pass inside.Claims against the owners, constructioncontractors, and architects of the five hotelswere resolved in other agreements.

DOJ Documents -- Common ADAProblems at Newly Constructed LodgingFacilities, the ADA Checklist for NewLodging Facilities, and Five Steps toMake New Lodging Facilities Comply with

the ADA assist hotel owners, franchisers,architects, and contractors on ADArequirements.

E. Gaining EqualAccess to Health Care

The ADA requires that people withdisabilities have equal access to health careprovided by both the public and private

sectors and that the care be provided in themost integrated setting appropriate. TheDepartment has acted forcefully to ensurecompliance by 9-1-1 systems, dentists,doctors, hospitals, and State long-term careprograms.

I. Receiving Emergency Services

Nationwide Initiative Spurs 9-1-1Accessibility -- The Department undertook a

nationwide initiative to ensure that 9-1-1emergency services provide direct, equallyeffective access to TTY users, includingpeople who are deaf, hard of hearing, or whohave speech impairments. Compliancereviews were conducted in over 500 locationsin all 50 States including Houston, Seattle,Miami, Washington, D.C., Chicago,Indianapolis and other major metropolitan



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areas by U.S. Attorneys Offices inconsultation with the Civil Rights Division.Where problems were found, the U.S.Attorneys offered technical assistance andnegotiated agreements to bring those 9-1-1systems into compliance. Those agreements

required 9-1-1 providers to --

Install a text telephone, TTY, or computerwith TTY capability at every single calltakers position, so that each call taker hasimmediate TTY access if a TTY call comesin;

Instruct call takers to treat every silentcall as a potential TTY call and send a TTYprompt;

Develop and implement a public educationprogram to promote the use of 9-1-1 byindividuals who use TTYs;

Conduct staff training and semiannualaudits of the quality of service provided toTTY users.

DOJ Document -- ADA Access for 9-1-1and Telephone Emergency Servicesoutlines ADA requirements for providing

direct access to emergency services forpersons using TTYs or text telephones,including individuals who are deaf, hard ofhearing, or who have speech impairments.

Philadelphia Addresses HIVDiscrimination -- The City of Philadelphiaentered an agreement resolving a complaintalleging that emergency medical technicians(EMTs) of the Philadelphia Fire Departmentrefused to assist an individual when they

learned that he had HIV. The City agreed toconduct mandatory training of theDepartments 2,300 EMTs and firefightersregarding universal precautions to prevent thetransmission of HIV/AIDS, as well as toprovide HIV/AIDS sensitivity training. TheCity also agreed to develop and publicize awritten policy stating that individuals withdisabilities will be given the opportunity to

benefit fully from its emergency medicalservices and to discipline any personnel whofail to follow the Citys guidelines. Inaddition, the City agreed to pay $10,000 incompensatory damages and provide a writtenapology to the individual denied services.

2. Securing Access to Health Care

Maine Hospital Will Provide AuxiliaryAids for Deaf, Hard of Hearing -- The U.S.Attorney for the District of Maine, a privateplaintiff, and the Maine Medical Centerentered into a consent decree requiring themedical center to provide qualified signlanguage interpreters, assistive listeningdevices and TTYs, captioned televisions, and

other similar aids and services to persons whoare deaf or hard of hearing. Maine MedicalCenter, which is Maines largest hospital, alsoagreed to publish and distribute a new writtenhospital policy directing its employees to offeran interpreter whenever staf