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Enforcing the ADA:
A Status Report from the Department of Justice
^ State of Wisconsin -- The Department concluded a settlement agreement with the Wisconsin State Patrol to resolve a complaint alleging that State patrolmen improperly handled a traffic stop of a deaf individual. Allegedly, the officers initially refused several requests to provide the individual with pen-and-paper when they were trying to communicate with him; they pulled him from his vehicle into their patrol car without providing him with an explanation; they blocked the path between him and his traveling companion, who is deaf, when he was trying to communicate with her through sign language; and they threatened to handcuff him if he continued attempting to sign. The agreement requires the State Patrol to adopt a policy and procedures for providing effective communication to individuals with hearing impairments in various police situations, to place copies of the policy and procedures in the police operating manual, and to publicize the policy and procedures to the public. Further, the State Patrol is required to train its over 600 officers and other personnel on the new policy and procedures and on courteous treatment of persons with hearing impairments by March 31, 1998. Finally, the agreement requires the State Patrol to ensure that TDD's are placed in all police stations throughout the State.
^ An individual who is deaf complained that a Texas county justice of the peace failed to provide a sign language interpreter for a scheduled court appearance. The district attorney's office agreed to advise judges and justices of the peace to take the steps necessary to ensure effective communication with people who are deaf or hard of hearing.
^ A deaf individual complained that an Iowa district court did not provide sign language interpreter services. The court agreed to amend and prominently post its policy on auxiliary aids and services, highlight the availability of qualified sign language interpreters upon request, further publicize the policy in public and court notices, and conduct employee training on the ADA requirements for effective communication.
^ A complainant who is deaf alleged that a State department of corrections in New England failed to provide a text telephone for his use in two of its facilities. The department of corrections purchased and installed two additional TTYs, adopted a written policy for the use and care of TTYs, and trained ADA coordinators in each of 18 facilities.
^ The parents of an individual who is deaf complained that a Georgia county police department failed to use a sign language interpreter to communicate effectively when he was arrested. The county established procedures for providing qualified sign language interpreter services and developed a written form requiring an individuals signature if he or she wishes to waive the right to a qualified interpreter.
^ A woman who is deaf complained that a private organization in Florida conducting driver education courses failed to provide her with a sign language interpreter. The organization agreed to provide sign language interpreters for all of its courses, offer a course on video tape featuring a sign language interpreter, and place a sign language interpreter on its staff.
^ In South Carolina, a person with a disability complained that a county did not provide effective communication during court proceedings. The county agreed to provide sign language interpreters for individuals who are deaf and hard of hearing upon request and to notify people of the availability of these services in advance of any proceedings.
^ Willowbrook, Illinois -- The Willowbrook Police Department agreed to provide appropriate auxiliary aids, including sign language interpreters, when necessary to ensure effective communication with persons who are deaf or hard of hearing. Willowbrook also agreed to train its employees on issues of effective communication in police situations, including arrests.
^ Fayette County, Ohio -- The Department entered into a settlement agreement with the sheriff's department of Fayette County, Ohio, resolving a complaint alleging that the county failed to respond to a 9-1-1 call from TTY user. The county agreed to maintain a TTY at each call-taking position in order to ensure direct, effective 9-1-1 access to TTY users; include TTY equipment in the county's power failure contingency plans; establish a working relationship with deaf individuals to assist in evaluating the 9-1-1 system; check all open line calls to see if they are coming from a TTY caller and respond appropriately; and maintain a comprehensive training program for every 9-1-1 call-taker.
^ Cudahy, Wisconsin -- The Cudahy Police Department agreed to adopt and implement a policy requiring the provision of auxiliary aids and services, including sign language interpreters, when necessary to ensure effective communication with individuals who are deaf or hard of hearing.
^ Ramada InnCountry Kitchen Restaurant, Little Rock, Arkansas -- A Little Rock restaurant agreed to post a written policy for customers welcoming individuals and their service animals. The complainant, who is hard of hearing and uses a service animal, alleged that the Ramada InnCountry Kitchen Restaurant requested to see the dog's identification card and certification documents in violation of title III. The agreement also requires the restaurant to post a written policy for its employees that briefly describes service animals and how they are used by individuals with disabilities. The policy states that, in cases of doubt, employees should allow the animal to enter if, when questioned, the customer says it is a service animal.
^ Mississippi Commission for International Cultural Exchange -- The U. S. Attorney for the Southern District of Mississippi reached an agreement with the Mississippi Commission for International Cultural Exchange, which sponsors the Majesty of Spain Exhibit in Jackson, Mississippi. The Agreement requires the commission to take numerous steps to improve access to persons with disabilities, including installing a ramp to the front entrance, lowering service counter heights, installing signs with Braille and raised lettering, installing wheelchair seating in the theater, lowering slopes along interior routes, installing visual fire alarms and text telephones, modifying restrooms, providing sign language interpreters, providing alternate formats of exhibits and information, allowing persons with disabilities to be accompanied by service animals, designating an accessibility coordinator, and training staff and volunteers.
^ A Colorado Springs hotel provided more accessible parking, obtained hearing aid compatible public phones and one public text telephone, acquired more assistive technology for guest rooms, and altered guest rooms to make them accessible.
^ A Louisiana hotel purchased five communication kits including TTY's, strobe smoke alarms, vibration alarm clocks, strobe door beacons, and sonic alert door signals. It also placed a telephone in the lobby with a sign stating that a TTY is available and posted two other signs at the front desk informing the public of the availability of auxiliary aids and devices for guests who are deaf or hard of hearing.
^ Maquoketa, Iowa - The U.S. Attorney for the Northern District of Iowa entered a settlement agreement to ensure direct access for TTY users to the Maquoketa, Iowa, 9-1-1 system. The agreement requires Maquoketa to acquire TTY's for each call-taking station, provide back-up service in case of an equipment failure, implement a policy of recognizing silent calls as potential TTY calls, and train call-takers in the proper handling of TTY calls.
^ A Texas county sheriff's office will provide detainees who are deaf, as well as citizens requiring assistance from the sheriff's office, with appropriate auxiliary aids, including sign language interpreters and TTY's, when necessary to ensure effective communication.
^ C.P.A. Review Course Provides Interpreters, Assistive Listening Devices -- In a 1994 settlement resolving the first lawsuit filed by the Justice Department under the ADA, Becker C.P.A. Review, which prepares over 10,000 students annually to take the national certified public accountant exam, agreed to amend its auxiliary aids policy. Where a need can be demonstrated, Becker will provide qualified sign language interpreters and assistive listening devices to students who are deaf or hard of hearing. Becker also agreed to appoint a national ADA coordinator, train its staff regarding the policy revision, pay ,000 in damages to be distributed to deaf and hearing impaired students, and establish a ,000 scholarship fund for accounting students at California State University who have hearing impairments.
^ South Dakota County Fair Made Accessible - Minnehaha County agreed to a wide range of measures to ensure accessibility at the Sioux Empire Fair. The South Dakota county agreed to renovate several bathrooms, install two TTY's at pay phones, create an accessible path of travel through areas of the Fairgrounds, upgrade accessible parking, make the vending and ticketing counters and booths accessible, provide materials to Fair volunteers and patrons regarding the accommodations available for people with disabilities, and adopt a policy that allows patrons with mobility impairments to buy the same number of companion tickets to Fair concerts that other patrons are able to buy.
^ In Minnesota, a person with a hearing disability complained that she could not hear the proceedings at city council meetings. The city agreed to purchase an assistive listening system and to instruct all city council members in writing to speak directly into the microphones. It also agreed to pay the complainant for attorneys fees and costs.
^ A group of deaf individuals complained that an Illinois amusement park refused to provide the services of sign language interpreters for effective communication during an annual event sponsored by the park. The manager agreed to provide qualified sign language interpreters during the event, written scripts for the shows, and sign language interpreters during the narrated train rides. He agreed to provide four TTY phones in locations throughout the park and to provide information at the gate about the availability
of auxiliary aids and services. He also agreed to hire a permanent liaison to address the needs of customers who are deaf.
^ In Illinois, a person who is deaf complained that a lawyer refused to provide effective communication during a meeting. The lawyer agreed to change his policy and provide qualified sign language interpreters when requested. The lawyer also agreed to donate to a disability rights organization to fund a seminar to teach attorneys how to comply with the ADA.
^ Two hospitals agreed to adopt a policy for providing sign language interpreters to ensure effective communication in the delivery of services.
^ An attorneys office agreed to provide qualified interpreters to ensure effective communication with clients and potential clients who are deaf or hard of hearing.
^ A job fair and convention center agreed to make a qualified interpreter available during the job fair.
^ Penn Treaty Network America Insurance Company, Sarasota, Florida -- The Penn Treaty Network America Insurance Company entered an agreement with the Department resolving a complaint by a deaf individual who alleged that she was denied nursing home insurance solely because of her disability. The company agreed to reconsider her application for insurance and to develop a company policy for its employees and agents to ensure effective communication with customers with hearing impairments.
^ Adelante P.C., Chicago, Illinois -- Adelante P.C., a private social services agency, agreed to adopt written policies and procedures ensuring that deaf clients will receive sign language interpreter services without cost when participating in the agency's counseling programs. The agreement resolves a complaint in which Adelante required a deaf probationer to pay the costs of sign language interpreter services at court-ordered counseling sessions.
^ Seminar Concepts, Hattiesburg, Mississippi -- Under an agreement with the U. S. Attorney's Office for the Southern District of Mississippi, Seminar Concepts, which offers continuing education courses in the field of physical and occupational therapy, will provide appropriate auxiliary aids and services to students who are deaf or hard of hearing. Seminar Concepts will consult with a student who requests an auxiliary aid and notify the student well in advance of the course as to what auxiliary aid it intends to provide. Seminar Concepts will train its staff on the ADA's auxiliary aids requirements and provide information on requesting auxiliary aids in its advertising and application materials.
^ A city in Indiana modified restrooms in its city/county building to make them accessible and installed TDD's on each floor of the building along with signage indicating the location of the TDD's.
^ Northeastern State Department of Corrections agreed to make its daily graphic arts vocational classes and remedial reading and math classes accessible for inmates who are deaf or hard of hearing. The department also provided a qualified sign language interpreter for biweekly narcotics anonymous meetings, weekly religious services, and monthly mental health counseling sessions. It moved the TTD to an open room and permitted its use daily between the hours of 4 p.m. and 11 p.m., and agreed to provide a qualified sign language interpreter for the complainant's medical appointments.
A southern State correctional institution agreed to provide sign language interpreters, televisions with captioning, recorded books, and books in Braille as appropriate for inmates with hearing or vision impairments.
^ A southern State department of criminal justice agreed to make appropriate modifications in work assignments to accommodate inmates with disabilities.
^ A Kentucky city government agreed to provide individuals with disabilities auxiliary aids and services, including sign language interpreter services, at its public meetings and to provide closed captioning for public meetings and public announcements televised on its cable access channel. It also installed hardware for each of its telephone emergency dispatchers that will provide direct access to 9-1-1 callers using TDD's.
^ A Michigan hotel agreed to purchase three TDD s, two portable door beacons, two portable tone amplifiers, and two portable sonic alert telephone signalers for guests who are deaf or hard of hearing. The hotel also posted notice of the equipment at the front desk, provided appropriate training to staff, and paid $1,000 in compensatory damages to
^ A southern State's rural health services organization adopted a policy to provide auxiliary aids and services when requested, including qualified sign language interpreters. The policy requests that the patient provide five days advance notice and guarantees that all interpreter costs will be paid by the organization.
^ A deaf consumer complained that the owner of a Virginia deli hung up on her when she tried to place an order using the Virginia Relay Service. The owner apologized for hanging up on the customer, explaining that he had not been educated about relay service telephone calls, and agreed to accept relay calls in the future. The complainant was also delivered a free dinner.
^ A nationwide retailer and sponsor of a modeling contest and fashion show established a policy and procedure for providing effective communication and auxiliary aids and services, including sign language interpreters for deaf contestants; added this information to the contest application for 1999; designated responsible employees to ensure nondiscrimination and provision of auxiliary aids and services upon request; and disseminated the policy to all employees involved in the modeling contest.
^ The Department entered into a settlement agreement on effective communication issues with the Office of the Sheriff for Fairfax County, Virginia, which operates the county jail. The complainant, an arrestee who is deaf, alleged that there was a public telephone in the jail cell, but that a TDD was not available for his use. The complainant further claimed that he was not provided with an interpreter, and that none of the jail officials wrote notes to him. The agreement requires the sheriff to post a sign at the booking desk stating that a TDD is available, add a question on its booking form so that the booking officer can determine if an inmate needs an interpreter or other aid to effectively communicate, and retrain its deputies on how to effectively communicate with deaf inmates.
Lawyers Advocate Inc, Broomfield, Colorado, an organization that provides legal training seminars to lawyers has agreed to provide appropriate auxiliary aids and services,including interpreters, for students with disabilities. The settlement resolves a complaint alleging that
^ Lawyer s Advocate failed to provide a qualified sign language interpreter for a person who wanted to attend a seminar in 1996. The audio tapes and course book offered as an alternative were not adequate because of the interactive nature of the seminar. Lawyer s Advocate will also offer to the complainant the opportunity to participate in an upcoming training seminar with a qualified sign language interpreter free of charge and at her convenience.
^ Fairfax, Virginia -- The City of Fairfax, Virginia, agreed not to automatically exclude individuals with hearing impairments as volunteer firefighters. Instead, Fairfax will conduct an individual assessment to determine if an individual with a hearing impairment can meet the qualifications for the position. The agreement resolves a complaint by an individual who is deaf in his left ear and who applied for a position as a volunteer firefighter. The complainant was accepted for the position by a vote of the volunteer members and underwent a physical examination. Applying medical standards developed by the National Fire Protection Association (NFPA), Fairfax excluded the complainant from the volunteer position because of his hearing loss. Fairfax notified the Department that the NFPA standards have been modified so that failure to meet the hearing requirement does not automatically exclude an applicant from consideration. The city agreed to give priority consideration to the complainant if he reapplied and qualified for the position. It also agreed to pay the complainant .
^ In Maryland, a married couple of deaf individuals complained that a realty company and a mortgage company did not provide the services of a qualified sign language interpreter for effective communication during negotiations over the purchase of a home. The complainants alleged that the lack of an interpreter resulted in a misunderstanding of the terms of the purchase and sales agreement. The realty company and the mortgage company agreed that the services of a qualified sign language interpreter will be provided for effective communication if a request is made by a client. The realty company agreed to return the nonrefundable $1,000 deposit received from the complainants under the previously executed purchase agreement. The mortgage company also agreed to return the fee that the complainants paid for a credit report and appraisal in connection with their loan application.
^ In Virginia, a person who is deaf complained that a pet store did not provide the services of a qualified sign language interpreter for its dog obedience training classes. The owners agreed to re-educate their managers about their existing policies for providing effective communication and other accommodations for people with disabilities. The owners also apologized to the complainant.
^ Budget Rent a Car Systems, Inc., Lisle, Illinois -- The Department entered a nationwide settlement agreement with Budget to resolve a number of title III complaints involving its corporate-owned rental locations. Budget agreed to pay a total of ,000 in damages to three persons who were not allowed to board an airport shuttle bus because they were accompanied by service animals and to reaffirm a policy not to separate persons from their service animals. Budget also agreed to reaffirm a policy that persons who are unable to drive due to disabilities (such as those with visual impairments or seizure disorders) will be allowed to maintain primary financial responsibility for vehicle rentals when accompanied by licensed drivers. When implementing both of these policies, Budget will not inquire into the nature or severity of the renter's disability or ask for identification or certification of the service animals. Budget also agreed to include these policies in its employee education program and to send an announcement of the policies to all licensees, who are urged to adopt the policies as their own.
^ A Los Angeles mother who is deaf tried to get emergency help for her two-year-old son who had just received a head injury. Her repeated TDD calls to 9-1-1 went unanswered. 9-1-1 system in Los Angeles -- The City of Los Angeles agreed to make its 9-1-1 emergency services accessible to persons who use TDD's. The formal agreement resolves a complaint alleging that the City failed to respond to a 9-1-1 call made by a mother who is deaf. After her two-year-old son sustained a head injury, the mother tried calling 9-1-1 on a TDD three times. Finally, she gave up and took her son to the hospital herself. Under the agreement, the City agreed to install TDD's, train its staff to handle TDD calls, and promote the use of 9-1-1 by individuals who use TDD's.
^ Bar review course -- Under a consent decree, the company that runs Bar/Bri, the nation's largest review course for students taking the bar exam, agreed to provide qualified sign language interpreters, assistive listening devices, and Brailled materials to students with disabilities. The Department had alleged that the course failed to provide appropriate auxiliary aids to students with vision and hearing impairments. The company, Harcourt Brace, also agreed to pay ,000 in compensatory damages, pay ,000 in civil penalties to the United States, adopt a policy ensuring that auxiliary aids and services are provided, educate its staff about the needs of students with disabilities, and promote the availability of auxiliary aids and services in its advertising. Jennifer Olson is deaf and has used interpreters throughout her college and law school years. When she signed up to take a bar review course, the company refused to provide an interpreter.
^ C.P.A. review course -- In a settlement resolving the first lawsuit filed by the Justice Department under the ADA, Becker C.P.A. Review, which prepares over 10,000 students annually to take the national certified public accountant exam, agreed to amend its auxiliary aids policy. Where a need can be demonstrated, Becker will provide qualified sign language interpreters and assistive listening devices to students who are deaf or hard of hearing. Becker also agreed to appoint a national ADA coordinator, train its staff regarding the policy revision, pay ,000 in damages to be distributed to deaf and hearing impaired students, and establish a ,000 scholarship fund for accounting students at California State University who have hearing impairments.
^ A Virginia financial planning association agreed to provide an interpreter for a deaf student at one of its seminars.
^ A Maryland art school agreed to provide an interpreter for a deaf student.
^ A Connecticut YMCA agreed to install a key-operated flashing strobe light and a communication system as a means of alerting staff to the presence of a person at a locked entrance; guarantee access to persons with mobility impairments at all times during the YMCA s operating hours; move a weight room that was located on the lower floor to an accessible floor; install a permanent shower bench in the boy s locker room; provide a hydraulic pool lift to facilitate the use of the swimming pool by disabled persons; restripe the accessible parking spaces in the parking lot in accordance with the ADA Standards for Accessible Design; and provide an accessible, unisex restroom.
^ A large, independent California bookstore agreed to provide sign language interpreters upon request for poetry readings that it sponsors and holds at the bookstore. The store will also specify that the service is available in its advertising for the poetry readings.
^ Four New York performing arts theaters have installed assistive listening systems, purchased receivers equal in number to at least four percent of available seats, and posted signs indicating the availability of these devices. An intercity bus company purchased and installed TDD units at banks of public phones in a large east coast city bus terminal and agreed to ensure that the TDD's are properly maintained.
Effective Tips for obtaining services:
1) ALWAYS write the request and keep a copy- if you go to court - you will need proof. ASK for their fax number.
2) ALWAYS make your appointments first- Do not ask for an interpreter (etc.) when you first make the appointment... WAIT ! Call back to confirm your appointment and THEN inform them that you will need the office to provide (as required by law) an Interpreter.
3) Most likely they will say they don't do that... then let them know you will send them information via fax or call one of the ADA centers (see links page) that will clearly show that to deny your request or refuse to serve you is DISCRIMINATION and punishable by fines...
4) FAX them the ADA law- and then a letter saying that you will expect them to comply with this law or you will need to contact the US Dept of Justice.
5) Stay firm in your request- don't accept them telling you that you will write back and forth or anything less than what you asked for.
6) They can not make you bring in a friend or family member to sign for you- they can not charge you for the cost of an interpreter and they can not charge your insurance.
7) DO NOT Give up your CIVIL RIGHTS !
PLEASE REMEMBER THAT NOT ONLY DO YOU MAKE THINGS BETTER FOR YOURSELF BUT ALSO THE FUTURE GENERATIONS OF DEAF CHILDREN ARE DEPENDING ON YOU !
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