ADA Pipeline Volume 17, No. 1, 2008 A Project of the Burton Blatt Institute: Centers of Innovation on Disability at Syracuse University A Publication of the DBTAC: Southeast ADA Center Atlanta Hosts the Southeast DBTAC ADA Leadership Network By Shelley Kaplan, Project Director The 18th annual meeting of the Southeast DBTAC’s ADA Leadership Network took place at the Georgia Tech Hotel & Conference Center in Atlanta, Georgia on March 6-7, 2008. This annual two-day meeting helps the Southeast DBTAC maintain a viable and effective regional network that is both capable and confident in their ability to facilitate voluntary ADA compliance and promote accessible technologies across diverse settings. Participants use this forum to enhance their knowledge and skills about the ADA. The meeting highlighted breakthrough activities identified as “Promising Practices” by featuring those affiliates whose activities resulted in positive outcomes for their communities. These activities are posted on the DBTAC website at www.sedbtac.org. Angela Mackey, Career Outreach Coordinator, discussed corporate culture at Walgreen’s Distribution Center and various practices designed to enhance employment opportunities for people with disabilities. Additional sessions focused on skill building, resource sharing and group networking. Year in Review (October 1, 2006—September 30, 2007) Highlights of the Network’s accomplishments for 2006-2007 include: * Operating a vibrant Southeast ADA Leadership Network consisting of the Executive, Affiliate and Business Leadership Councils that guide, implement and evaluate our activities; * Conducting an innovative research plan to reduce and eliminate barriers to employment and economic self-sufficiency and to increase the civic and social participation of Americans with disabilities; * Responding to 6,196 inquiries via our toll free number (800-949-4232); * Conducting a diverse array of training programs for the public and private sectors across the eight-state region; * Providing ongoing technical assistance to city and local governments in planning for ADA compliance and conducting training programs mandated by settlement agreements; * Successful national and international marketing of four fully accessible online courses: o 13,713 participants from all 50 states and 15 countries enrolled in the course “Welcoming Customers with Disabilities to Your One Stop” (www.wiawebcourse.org) o 9,074 participants from 50 states and 4 countries enrolled in the self-paced version (www.adabasics.org) and 288 enrolled in the eight-week moderated version of the online course “ADA Basic Building Blocks,” o 201 participants from 37 states enrolled in the newest course, “Title II Tutorial for ADA Coordinators” (www.adacourse.org/title2). * Collaborating with the national network of DBTACs by co-sponsoring the National ADA Symposium & Expo organized by the Great Plains DBTAC and by participating in the national Distance Learning Series coordinated by the Great Lakes DBTAC. Building, Operating and Maintaining a Successful Regional Network The Southeast DBTAC serves the largest region in terms of the number of states served (8) and in terms of geographical size and diversity. Building, operating and sustaining such a network is very challenging. As the regional network matures in expertise and experience, significant tangible results in barrier removal are realized. It takes the right combination of talent, commitment, leadership and time. Ongoing participation and effective leadership continue to play a significant role in our project’s success. Several characteristics contribute to this success, including: * Establishing a clear mission, vision and purpose * Promoting an environment that is open-minded respectful of others * Recognizing that levels of commitment vary and everyone has something to contribute * Appreciating that people bring a variety of knowledge, skills and leadership abilities * Being vigilant and responsive to the needs of network members * Ensuring ongoing and effective coordination, continuity, and communication * Realizing that it takes time to develop rapport and trust * Promoting decision-making via consensus * Remaining flexible in how activities are implemented * And most importantly, maintaining a sense of humor! Michael Morris, Facilitator of the Business Leadership Council, identified two themes that became apparent throughout the meeting: 1. Leadership – Individual leadership in each community resulted in significant change. Individuals with disabilities are able to bring emotion as well as lived experience to the table when initiating change. 2. Relationship – Relationships are the key to creating change. Whether based on personal friendships (as in Jackson, MS) or cultivated by persistence (Jackson, MS and Georgia), ongoing relationships, openness and a willingness to provide information and support are vital to making negotiated changes work. ADA Pipeline ADA Pipeline is published twice each year by the DBTAC: Southeast ADA Center (Southeast DBTAC). The Southeast DBTAC is authorized by the National Institute on Disability and Rehabilitation Research, Grant #133A060094 to provide information, materials, and technical assistance to individuals with rights, as well as entities, that are covered by the ADA. The information, materials, and technical assistance are intended solely as informal guidance; this assistance does not serve as determination of your legal rights or responsibilities under the ADA, nor is it binding on any agency with enforcement responsibilities under the ADA. ADA Pipeline is available, free of charge, to subscribers in the eight southeastern states, and it is available upon request in large print, braille, audio cassette, and compact disk. Southeast DBTAC Project Staff • Peter Blanck, J.D., Ph.D Principal Investigator • Shelley Kaplan Project Director • Meera Adya, J.D., Ph.D Director of Research • Pamela Williamson Director of Training/Technical Assistance • Sally Weiss Director of Materials and Dissemination • Michael Morris, J.D. Chair, Business Leadership Council • Marsha Schwanke Web Developer • Mary Morder Help Desk Specialist/Newsletter Editor • Amy Oliveras Office Administration/Hispanic Outreach • Sarah Endicott Information Specialist • Cheri Hofmann Information Specialist • Linda Priest Information Specialist • Becky Williams Information Specialist • Christine Woodell Information Specialist ACCESS TO VOTING: The Help America Vote Act of 2002 Voting is a constitutional right for all citizens, yet people with disabilities are less likely to exercise this right than people without disabilities. According to a survey of 1,240 citizens of voting age after the November 1998 elections, people with disabilities are about 20 percentage points less likely than those without disabilities to vote, and 10 points less likely to be registered to vote. If people with disabilities voted at the same rate as those without disabilities, there would have been 4.6 million additional voters in 1998, raising the overall turnout rate by 2.5 percentage points.” (Source: www.accessiblesociety.org/topics/voting/votestudy.htm) Encouraging people with disabilities to register, increasing the turnout of voters with disabilities, and ensuring accessible polling places and voting equipment are all equally important during any election. However, a 2001 General Accounting Office report on access to polling places by voters with disabilities reported that 8 out of 10 polling sites have access barriers. This report, Voters with Disabilities: Access to Polling Places and Alternative Voting Methods, is available at www.gao.gov/special_pubs/d02107.txt. Recognizing the need for citizens to have full access to voting, President Bush signed the "Help America Vote Act of 2002," (HAVA), (Pub. L. No. 107-252, 116 Stat. 1666 (2002)) into law on October 29, 2002. HAVA requires that there be at least one accessible voting machine – usually a computer with a touch screen – in every polling place by December 1, 2007. Yet, in 2006, only 40% of the country’s polling places had an accessible voting machine in full operation. Now the December 2007 deadline has come and gone, and compliance has been less than impressive. Court Cases In the Southeast Region two court cases raised claims under the Help America Vote Act (HAVA): United States v. Bolivar County, Mississippi (N.D. Miss. 2008) On February 15, 2008, the United States filed a complaint alleging that county officials violated Section 302(a) of the HAVA, by failing to establish a free access system for voters to ascertain whether their provisional ballots were counted during elections for Federal office. On February 27, the Court finalized the consent decree, which provides procedures for the County to follow to ensure that voters who cast provisional ballots receive the required information about their ballots following the election. o Press Release: www.usdoj.gov/opa/pr/2008/February/08_crt_120.html o Complaint: www.usdoj.gov/crt/voting/hava/bolivar_comp.pdf o Consent Decree: www.usdoj.gov/crt/voting/hava/bolivar_cd.pdf United States v. State of Alabama (M.D. Ala. 2006) In this Action, the United States alleged in its complaint that the State of Alabama and its chief elections office had not taken the actions necessary to achieve timely compliance with Sections 303(a) and 303(b) of the Help America Vote Act, including implementing a uniform, official, interactive computerized statewide voter registration list, coordinating with necessary statewide agency databases and the Social Security Administration regarding the statewide voter registration list and failing to collect proscribed identification information from applicants for voting. The court ordered a special master to take control of the HAVA compliance process and required the State to remedy its HAVA violations by August 31, 2007. o Complaint: www.usdoj.gov/crt/voting/hava/al_hava.htm U.S. Department of Justice The U.S. Department of Justice has also issued several Technical Assistance Letters to help in understanding ADA requirements: * Bob Wise, Accessible Polling Place: www.usdoj.gov/crt/foia/tal642.txt * Denver, CO Election Commission: www.usdoj.gov/crt/foia/tal392.txt * Pinellas County, FL, Polling Access: www.usdoj.gov/crt/foia/tal378.txt * Clark County, NV: www.usdoj.gov/crt/foia/tal373.txt * South Carolina Election Commission: www.usdoj.gov/crt/foia/tal631.txt More information about the federal voting laws enforced by the Department is available at www.usdoj.gov/crt/voting/index.htm. In the Community Members of the Southeast DBTAC Affiliate Leadership Council have been involved in accessible voting activities in their respective states. Below are some of the highlights that have produced real results. Georgia: Getting In from the Get-Go The goal of Accessible Voting for All Georgians was the driving force that brought together dozens of agencies, organizations, and advocates in a year-long effort during 2004. In December of 2003, the Elections Director within the Office of the Secretary of State convened a group of advocates and disability service agency representatives, creating an advisory team to plot the activities that would increase voter access for the one and a half million Georgians with disabilities. The State ADA Coordinator’s Office designed, distributed, and compiled accessibility surveys for each county elections office to gather data on every polling place in the state. The Coordinator’s office provided technical assistance, including how to identify inaccessible voting places and how to obtain HAVA money for increasing access. The Southeast DBTAC state affiliate, Disability Resource Group, a non-profit organization led by Nancy Duncan, travelled across Georgia with other state elections officials training poll workers from all 159 counties on “Serving Voters with Disabilities.” With input from members of an advisory team, educational television produced an excellent video on accommodating voters with disabilities, which was distributed and shown to all poll workers. Advocates also facilitated voter forums focusing on disability issues and the candidates’ stand on these issues. In addition, the Georgia Secretary of State’s office maintained a comprehensive resource page on their website for voters with disabilities. The Disability Resource Group prepared a pamphlet for people with reading or visual impairments that included the topics: voting rights; how to vote by absentee ballot; how to request accommodations; how to use talking voting machines; and how to get to the polls. The Georgia Radio Reading Service produced a professional-quality audio tape of the pamphlet. United Parcel Service (UPS) volunteers duplicated and prepared the tapes for mailing. The Library for Accessible Services sent out the tapes to their 9,000 patrons. Perhaps the most significant change was the inclusion of people with disabilities in several precincts as poll workers. All of the pamphlets and videos cannot equal asking a fellow poll worker with personal experience for help in accommodating a voter with a disability. Mississippi: It’s Not Only WHAT You Know, But It’s Also WHO You Know That Gets Results At the LIFE of Mississippi annual conference on March 17-18, 2008, the focus of the first day was access, particularly voting access. Christine Woodell presented a session on the importance of voting and what to do if you arrive at your voting place and find it inaccessible. The luncheon’s keynote speaker was the new Secretary of State, Mr. Delbert Housemann, who talked about "Voting - It's Your Right and Responsibility." It’s likely that Mr. Housemann would have accepted the invitation to speak anyway, but, as LIFE’s Director, Christy Dunaway notes, “Delbert lives across the street from my Mom, and I have known him for 20 years, so I'm comfortable in saying that we will have a very good working relationship with his office to address any accessibility issues related to voting.” Among the issues Mr. Housemann was asked to address were developing plans to ensure accessible voting in Mississippi and working with LIFE to train state poll workers on the new accessible voting machines. Every precinct has them now, but often the poll workers are not familiar with the equipment and don’t know what their obligations are to assist voters with disabilities.  North Carolina: Check It Out Disability Rights NC (DRNC) is working with grassroots groups across North Carolina, including the NC ADA Network, the Southeast DBTAC’ State Affiliate, to promote the voting rights of people with disabilities. DRNC is the new Protection and Advocacy agency in North Carolina. Their current voting initiatives include: * voter rights education * voter registration * polling place accessibility  * encouraging people with disabilities to apply to be poll workers. For more information, check out the DRNC web site at www.cladisabilitylaw.org or call toll-free 877-235-4210. South Carolina’s Disability Voting Coalition (SCDVC) SCDVC, a non-partisan coalition, was formed to increase the number of voters with disabilities by improving voter education and access to the voting process,. The Coalition is partnering with the State Election Commission to create an educational video for voters who are deaf or hard of hearing. SCDVC members noted that voters who are deaf have been historically left out of the voting process due to communication barriers. This video will explain the voting process from the polling place door to the voting booth. The video will be available for distribution in the Spring of 2008. Tennessee: Get Out the Vote – Four Not-So-Easy Steps The Tennessee Disability Coalition (TDC), the Southeast DBTAC Tennessee Affiliate, has actively pursued accessible voting for people with disabilities. Four of its key activities are: The Voter Empowerment Manual, (www.tndisability.org/publicpolicy/Voter_Empowerment_Manual.doc) was created by the VOTE! staff of the TDC as a training tool for by the VOTE! Campaign Committees located throughout Tennessee. Produced with assistance from the Southeast DBTAC, the manual contains information on how to create VOTE! Committees, how to organize voter registration and Get-Out-The-Vote (GOTV) campaigns, and other voting-related activities. It also contains information on voter access for individuals with disabilities, ADA Surveys for polling precincts, major laws related to disability and voting, and other useful resources. Voters with Disabilities and the Tennessee State Code In 2007, the TDC passed legislation to update the Tennessee State Code on voting laws by replacing outdated language such as “handicapped voter” with “voter with a disability,” as well as changing the definition of the word “disability” to match the one found in the ADA. During the 2008 Tennessee legislative session, TDC closely monitored the Voter Confidence Act (SB1363/HB1256), which requires any voting system to provide the ballot of record as a paper ballot marked by the voter with appropriate accommodation for persons with disabilities; requires such ballot to be available to voter to verify the vote; requires that secrecy of the voter's choice be maintained. This legislation may lead to the replacement of newer DRE’s in favor of optical scan voting systems. TDC will be working on targeted, nonpartisan Get-Out-the-Vote (GOTV) activities for the August Tennessee Congressional races and the November Presidential election. The Coalition will specifically focus on registering individuals with disabilities who are not currently registered to vote. Resources and Tools About Accessible Voting and Best Practices * www.sedbtac.org/ada/publications/voting_disability_resources.txt (Text file) * www.sedbtac.org/ada/publications/voting_disability_resources.doc (Word file). Included are checklists you can use to determine the accessibility of your polling place for people with disabilities. ADA Restoration Act Update The congressional intent of the Americans with Disabilities Act (ADA), a landmark civil rights law, was to prevent discrimination against individuals with disabilities in all aspects of society, including employment. Instead, because of a number of Supreme Court decisions, many people with disabilities have experienced discrimination and have been denied ADA protections. The ADA Restoration Act is an effort to restore the civil rights of people with disabilities. On July 26, 2007, the 17th anniversary of the ADA, Representatives Jim Sensenbrenner (R) and Steny Hoyer (D), along with Senators Tom Harkin (D) and Arlen Specter (R), introduced the newest version of the ADA Restoration Act of 2007 (HR 3195 and S 1881 respectively). As of March14, 2008, 244 Congressional Representatives are listed as co-sponsors of HR 3195. Three U.S. Senators are listed as co-sponsors of S 1881. When people like Carey [an individual with a disability who testified before the subcommittee], who’ve overcome impenetrable odds, are fired by their employer based not on their qualifications but because of their disability, and the highest court in our nation condones it, we as legislators have nothing short of an obligation to rectify the situation. The Supreme Court’s narrow interpretation of the definition of disability has adversely affected most, if not all, plaintiffs in ADA employment discrimination claims. To put an end to this imbalance in the scales of justice and restore Congress’s original intent, we are here today to consider HR 3195, the ADA Restoration Act of 2007. U.S. Representative Rob Andrews, Chairman House Subcommittee on Health, Employment, Labor, and Pensions Opening remarks at subcommittee hearing January 29, 2008 Additional Resources to Keep You Informed American Association of People with Disabilities (AAPD) ADA Restoration News www.aapd-dc.org/News/adainthe/indexada_restore.php Full Promise of the ADA: Restoring the Original Intent.ADA Pipeline, Volume 16, No. 1 http://www.sedbtac.org/ada/publications/newsletters/2007/16207P.pdf U.S. House Committee on Education and Labor committee hearing on HR 3195, ADA Restoration Act of 2007 http://edlabor.house.gov/statements/2008-01-29-RAHearingStatement.pdf. Against Employment Discrimination, Witnesses Tell House Labor Committee www.aapd.com/News/adainthe/080129hr.htm NCD Response to Arguments Opposing the ADA Restoration Act www.aapd-dc.org/News/adainthe/080215ncd.htm. AAPD Blog: ADA Restoration Act of 2007 http://adarestoration.blogspot.com/ Consortium for Citizens with Disabilities ADA Restoration Page www.c-c-d.org/task_forces/rights/tf-rights-ada.htm HR 3195 Summary Page http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.3195.IH: S 1881 Summary Page http://thomas.loc.gov/cgi-bin/query/z?c110:S.1881.IS: A Southeast Region Legal Updates The Southeast DBTAC’s Legal Team, headed by William Myhill, J.D., analyzes legal and policy developments relevant to civil rights protections under the ADA and the impact of court decisions in the Southeast Region’s five Circuit Courts. Also highlighted are legal terminology and policy developments related to information technology (IT) accessibility. Visit www.sedbtac.org/legalissues.php?idpg=54&&audience=All#CLresults to view 37 Legal Alerts, and much more! Professor Myhill is Adjunct Professor of Law at Syracuse University and Senior Research Associate with the Burton Blatt Institute. New Online Tutorial for State and Local ADA Coordinators A FREE, self-paced online ADA Title II Tutorial designed to meet the needs and interests of State and local ADA Coordinators is now available at www.adacourse.org/title2/. Title II of the ADA covers the programs, activities, and services of public entities, which include any State or local government and any of its departments, agencies, or other instrumentalities. Offered by the National Network of 10 ADA Centers (DBTACs), this nine-module, user-friendly Tutorial provides a step-by-step explanation of the ADA’s Title II requirements and how State and local government agencies can comply with each. In addition, the Tutorial covers the preparation (or updating) of a self-evaluation of programs and services. The ADA Title II Tutorial has been approved by the University College at Syracuse University for 0.3 continuing education units (CEU), (which equates to 3 contact hours) and by the Commission on Rehabilitation Counselor Certification (CRCC) for 3 CRCC credit hours. Work Opportunity Tax Credit Extended The Work Opportunity Tax Credit (WOTC), a popular incentive program for employers to hire individuals and others who have historically confronted barriers to employment, has been extended through 2011. Enhancements to the program include changes in eligibility criteria and the amounts employers can claim as a tax credit. For more information on the WOTC changes, visit the Department of Labor website at www.doleta.gov/business/incentives/opptax/. The WOTC targets individuals for employment who come from nine (9) groups including qualified veterans with a service-connected disability, vocational rehabilitation referrals, recipients of Supplemental Security Income (SSI), and ex-felons. The specific changes to the law, listed below, affect new hires who began employment after May 25, 2007: * the high-risk youth target group was renamed Designated Community Resident and the age for eligibility was changed from 18-24 to 18-39; * “disabled veteran” was added as a subset under the qualified veteran target group with a maximum tax credit amount of $4,800; * qualified wages for the disabled veteran subgroup increased from $6,000 to $12,000. Fair Housing Act The U.S. Department of Justice also investigates violations of the Fair Housing Act. A list of complaints resolved in the Southeast Region is available on the Department’s website at www.usdoj.gov/fairhousing: • Department Sues Apartment Owner and Manager for Failing to Provide Reasonable Accommodation: Source:  Disability Rights Online News, August 2007,www.usdoj.gov/crt/ada/newsltr0807.htm • Alabama Housing Authority Agrees to Settle Lawsuit Involving Eviction of a Disabled Tenant: Consent Decree: United States v. Ashford County Housing Authority and Shirley Foxworth (M.D. Ala.) Source:  www.usdoj.gov/crt/housing/documents/casesummary.htm#ash • Sarasota County, Florida to Pay $760,000 and Allow Continued Operation of Group Homes for People in Recovery: Sarasota County, Florida, to Pay $760,000 to Settle Group Home Lawsuit www.usdoj.gov/opa/pr/2007/October/07_crt_854.html • Developers, Architects, and Engineers in Kentucky, Washington, and Georgia Sued for Disability Discrimination: Source: Disability Rights Online News, December 2007, www.usdoj.gov/crt/ada/newsltr1207.htm Department of Justice Update Enforcing the ADA: A Status Report from the Department of Justice This update is excerpted from Disability Rights Online News, a bi-monthly update about the Civil Rights Division activities in the area of disability rights. It highlights ADA activities of the Department of Justice in the Southeast Region from August 2007 - February 2008. The full reports are available through the Department’s ADA website at www.ada.gov/disabilitynews.htm. Memphis Hospital Agrees to Provide Effective Communication for People with Disabilities — On September 24, 2007, Methodist LeBonheur Healthcare, a group of major, critical care hospitals in Memphis, Tennessee, signed a settlement agreement with the Department resolving a complaint from an individual with a hearing and visual impairment who alleged that Methodist Hospital denied him effective communication despite repeated requests for a qualified interpreter and despite explaining exactly what he needed in order to communicate effectively. The complainant was in the hospital for two weeks and underwent medical tests and procedures without understanding what was happening. The attending physician noted in the medical records that he could not communicate with the complainant. The settlement agreement requires the parent company to: implement comprehensive policies for ensuring effective communication in all six of its locations; conduct individualized assessments of individuals with communication disabilities; provide appropriate auxiliary aids and services in a timely manner; develop a mechanism for the resolution of disputes; ensure that the staff is fully apprised of all policies dealing with effective communication; and post notices informing patients and their companions of the policy. Additionally, the company will pay $40,000 in compensatory damages and a civil penalty of $3,000. Florida Sheriff’s Office Agrees to Provide Effective Communication for People with Disabilities — On September 28, 2007, the Consolidated City of Jacksonville, Florida, entered a settlement agreement with the Department to resolve seven ADA complaints. The complainants, all of whom are deaf or hard of hearing, individually alleged that sign language interpreters were not provided when necessary to ensure effective communications between themselves and deputies from the Jacksonville Sheriff’s Office. Specifically, qualified interpreters were not provided: during an interview with a mother following her daughter’s experience as the victim in a sex crime; during an interview following an automobile accident; and during three separate arrests. The agreement includes a policy to provide auxiliary aids, including sign language interpreters, in a timely manner when needed for effective communication. It also requires that deputy sheriffs and other staff be trained on the new policy. Georgia Landlords Agree to Stop Discriminating Against People Who Use Service Animals — On October 31, 2007, the federal district court in Savannah, Georgia, approved a settlement of the Department’s disability discrimination lawsuit against the owners and managers of the Hickory Plantation and Willow Way Apartments, both located in Camden County, Georgia. According to the Department’s complaint, which was filed simultaneously with the consent decree, defendants Herbert Bolt, Betty Bolt, and Herbert Bolt, Jr., violated the Fair Housing Act by refusing to rent an apartment at Hickory Plantation to a person with a visual disability who used a guide dog. Under the agreement, the defendants will pay $35,000 to compensate additional victims who may be identified at Hickory Plantation and Willow Way, pay a $20,000 civil penalty to the U.S. government, establish and follow nondiscriminatory tenancy procedures, undergo fair housing training, and file reports with the government. Post-Katrina Rebuilding in New Orleans, Gulfport, and Biloxi Will Be Accessible — On July 26, 2007, Wan J. Kim, Assistant Attorney General for the Civil Rights Division, and Deputy Assistant Attorney General Loretta King held a ceremony with city officials in New Orleans, Louisiana, to sign an amended settlement agreement ensuring that new and renovated city buildings will be accessible. Assistant Attorney General Kim also announced a similar agreement with Harrison County, Mississippi, which includes the cities of Gulfport and Biloxi. Both agreements address the jurisdictions’ efforts to rebuild after Hurricane Katrina destroyed many buildings and facilities two years ago. They also call for development of new emergency management plans that include provisions for accommodating people with disabilities. Under the agreements, the Department will provide technical assistance and other professional services by architectural and design consultants to assist the City of New Orleans and Harrison County in their efforts to rebuild and provide facilities that are accessible to people with disabilities. These services include: reviewing plans for new facilities and modifications to existing ones; providing training on ADA architectural requirements for key city and county personnel and for local architects, engineers, and contractors; and providing consultation to business owners, landlords, contractors, and others who are designing or rebuilding private (nongovernment) facilities within the city and county. Georgia Motel Agrees to Admit Service Animals — On July 27, 2007, the Department entered into a settlement agreement with the former and current owners of a Travelodge motel in Dalton, Georgia, resolving a complaint filed by a person who is blind alleging that the former owner of the motel refused service to him because he was accompanied by a service animal. In response to the investigation, the current owner agreed to adopt, maintain, implement, and enforce a policy on the treatment of customers using service animals, to provide a copy of the policy to each employee, and to post the policy in a conspicuous public area of the motel near the reception desk. The owner will also post a large print notice in the lobby welcoming people with disabilities accompanied by service animals. The owner will train all current employees regarding their obligations under the service animal policy and under the ADA with respect to service animals. New employees will be trained on the motel’s service animal policy within 24 hours of first reporting to work. In addition, the former owner of the motel agreed to pay the complainant $5,000 in damages and to pay a civil penalty of $1,000. MEDIATION The ADA Mediation Program is a Department of Justice-sponsored initiative intended to resolve ADA complaints in an efficient, voluntary manner. Mediation cases are initiated upon referral by the Department when both the complainant and the respondent agree to participate. Over 78% of all complaints mediated have been resolved successfully. Below are highlights from the Southeast Region. A person who uses a wheelchair complained that a social service center in Georgia was inaccessible. The center installed a van-accessible parking space, a curb ramp, an accessible door handle at the entrance, and a new accessible restroom. A parent complained that her child with autism had been denied access to a day care program in Tennessee. The program agreed to comply with the ADA and to admit the child immediately, to establish a plan for ongoing communication with the parent about any needs the child may have, and to provide individualized assistance when deemed necessary by all parties. In Mississippi, a wheelchair user complained of several accessibility issues in her town. The town installed accessible parking and accessible routes at the fire and police departments, city hall, city auditorium, health department, and electric department, and accessible restrooms in city hall. The town also provided curb cuts at intersections along the main street and near five central businesses. In Georgia, a person who uses a wheelchair complained that the check-out aisles of a grocery store were not accessible and that store employees refused to assist him when he was unable to use the check-out aisle. The grocery store made all check-out aisles accessible, and the complainant agreed to participate in quarterly staff meetings to provide disability sensitivity training to employees. In North Carolina, a person who uses a wheelchair complained that a strip mall had barriers that prevented him from entering the shops. The respondent installed curb cuts, a ramp, and appropriate signage. Improved Braille Signs Make It Easier to Use Legislative Plaza People who have visual impairments can now find their way around the Tennessee state legislators' office complex. That's because most of the Braille signs in Legislative Plaza are now "readable." Dillon, president of the Mid-Tennessee Council of the Blind, took a walk-through with state officials and offered suggestions on how to comply with signage elements required by state and federal laws. Among the problems for people who can't see is knowing just what floor they're on when they get off an elevator, he said. He had carried his list, typed in the writing system of raised dots called Braille, of the incorrect signs as he navigated through crowds of lobbyists and others to check out the signs again at the request of The Tennessean. Most had been fixed. The missing elevator signs are expected soon. "We're really glad he called our attention to this," said Nick De Palma, the state's project manager for real property administration. Restrooms Improved State House Speaker Jimmy Naifeh had called for an overhaul of Legislative Plaza and the War Memorial Building to bring them up to federal standards for accessibility to people with disabilities, said Connie Frederick, head of the Office of Legislative Administration. Correct Braille and raised letters on signs are part of federally required standards, along with restrooms that can be located and used by people who are blind or who use wheelchairs. The cost of the projects, which should all be completed this year, is about $1.7 million, with the largest portion going to renovate restrooms, De Palma said. Four multi-stall restrooms have been completed in Legislative Plaza, including the two that have heaviest use, and others in both buildings will be done this summer and fall. "We're concentrating on door hardware right now," De Palma said. That includes swapping out doorknobs for levers. Dillon and his wife are among residents who had looked forward for years to having Braille signs in the halls where they go to lobby their state representatives. They were crushed two years ago when many of the signs, when finally installed, had problems with missing dots. Things have turned around, at last, Dillon said. He said he would prefer names be on doorways in Braille and raised letters, but only numbers are required by the law. New Publications and Online Resources Available Check out the Southeast DBTAC publication section at www.sedbtac.org/ada/publications/index.cfm for a list of available information about the ADA. Direct links to many documents are included to assist you in accessing important and accurate information. TIPS: Technical Information Perspectives and Solutions www.sedbtac.org/ada/training/trainingTemplate.php?ref=FS Developed by the Southeast DBTAC, this new resource provides accurate information on issues and concerns related to the ADA and is designed to help others achieve effective compliance with the ADA. Legal Updates & Issues www.sedbtac.org/legalissues.php?idpg=14 Check this link often to learn about legal and policy developments relevant to civil rights protections and the impact of court decisions in the Southeast Region under the Americans with Disabilities Act (ADA). We also highlight U.S. Courts information and legal issues on technology accessibility. DBTAC Training Resource Center www.adacourse.org/ This new website, offered by the National Network of DBTAC ADA Centers, is your One-Stop Resource for Courses, Events & Tools on the ADA., including a new Podcast Series. Check often for TOOLS YOU CAN USE to learn more about the ADA and to help design your training events. The Justice for All: Designing Accessible Courthouses Report www.access-board.gov/caac/report.htm This report contains recommendations of the Courthouse Access Advisory Committee for the U.S. Access Board to use in developing and disseminating guidance on accessible courthouse design under the ADA and the Architectural Barriers Act (ABA). This is not a regulation. 2006-2007 ADA Audio Conferencing Series www.ada-audio.org/ Archived sessions are available at www.ada-audio.org/Archives/ Hearing Not a Problem for Juror Who is Deaf In Fulton County Superior Court in Georgia, a jury convicted a man of murder and sentenced him to life in prison. What stood out for many about the trial was one of the jurors. He was deaf. Though a juror who is deaf is not unprecedented, it was a first for the veteran judge, the attorneys and other jurors. Two interpreters translated the proceedings into sign language. The juror had been summoned for jury duty twice before but never selected. “I feel I’m an American citizen and I should be able to be on a jury like everyone else,” said the juror. “Before the end of the first day, everyone forgot he was deaf,” said the jury forewoman. The few modifications made for the trial included moving some equipment so sightlines for the juror and the interpreters wouldn’t be blocked. The interpreters were sworn in as officers of the court and also reviewed exhibits and witness lists before they were presented. Other jurors remarked that the interpreters, rather than being a distraction, became an enhancement by clarifying issues discussed. They said that not only was the juror who was deaf getting all the verbal information, but was obviously getting a lot from the witnesses that wasn’t verbal. Just how much the juror took in became clear during the jury’s two-hour deliberations. He asked more questions than any other juror and made sure every aspect of the trial was thoroughly discussed before a verdict was reached. “We knew when we left [the jury room] that our verdict was above and beyond any doubt whatsoever, and a lot of it had to do with his questions,” said the jury forewoman. A 2007 survey of 1,400 state courts in Georgia by the Center for Jury Studies found that: * 38% have sign language interpreters available * 31% are equipped with assistive listening devices * In areas with more than ½ million people, like Fulton County, the number of courts that provided interpreters jumped to 88% For Answers to Your ADA Questions Call 1-800-949-4232 (V/TTY) or Visit Our Web Site www.sedbtac.org or Send an E-mail to sedbtacproject@law.syr.edu All Calls Are Confidential Inspiration Park Opens as Brevard's First Accessible Playground for Kids with Disabilities With more than 60 children of varying abilities affirming its success with each gleeful use of wide slides and big swings, the city of Palm Bay, Florida officially opened Inspiration Park, the county's first public accessible playground and one of just 13 in the state. Inspiration Park is the standard for future parks. The impetus for the park was a single call from the parent of a child with a disability, who told city officials she and her child couldn't use any of the city playgrounds. Now children of all abilities, including those who use wheelchairs and walkers can play together. The equipment is on polymer foam that's squishy to walk on, yet provides good traction for walkers and wheelchairs. Some swings are oversized molded plastic and hang lower to the ground for easier access. Equipment has guide bars at high and low levels to help users. And there are educational elements, such as a plastic sign showing fingers saying, in American Sign Language, "Can you sign your name?" Another demonstrates the numbers and alphabet in Braille. Funding for the $300,000 park came from the city and a Florida Recreation Development Assistance Program grant. LAST ISSUE OF ADA PIPELINE IN PRINT Due to rising costs, this is the last edition of our ADA Pipeline newsletter published in a printed paper format. Future issues will be available on our website at www.sedbtac.org. We will publish two issues per year. Posting the ADA Pipeline to our website will allow us to use our resources more efficiently. Subscribers to the Southeast DBTAC listserv will automatically be notified when the next issue is posted online. To subscribe to the listerv, send an email to sedbtacproject@law.syr.edu with the subject line “subscribe network”. Print copies will be mailed only upon request. Contact Information ADA Pipeline is published by the Southeast Disability and Business Technical Assistance Center (Southeast DBTAC) Burton Blatt Institute 1419 Mayson Street, N.E. Atlanta, Georgia 30324 (800) 949-4232 (Voice/TTY) (404) 541-9001 (Voice/TTY) (404) 541-9002 (Fax) sedbtacproject@law.syr.edu www.sedbtac.org