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General E-Bulletin

This General E-bulletin contains:


Training Opportunities Throughout the Region

"The ADA Accessibility Guidelines:  The Information and Strategies You Need to Educate Others" being held in Biloxi, Mississippi, April 12 - 13, 2000, 9:00 a.m. - 5:00 p.m. & April 14, 2000, 9:00 a.m. - 1:00 p.m.  The training is being sponsored by the Southwest & Southeast DBTACs.

The trainer is Mark Derry, consultant and president of East Lake Derry and Associates - Accessible Solutions.  Mark is a national trainer on accessibility and the ADAAG.

The training will include interactive exercises and will update participants on the status of the Access Board's recent rulemakings and recommendations for a new ADAAG.  The training will also prepare participants to conduct site surveys and provide technical assistance and training.  Attendance of all three days is required.

The training is being held at the Isle of Capri Hotel, located on the Mississippi sound.  The hotel holds a casino and is centrally located among other casinos and restaurants.  Each participant should make his/her own reservation by calling 800-843-4753, then press one (1) for the Biloxi location.  (Let the hotel know you will be attending the Disability and Business Technical Assistance Center training.)

 You must register for the training with the Southwest DBTAC.
For more information or to receive a registration form, call 800-949-4232.

"Effective Communication Pertaining to the Deaf and Hard of Hearing"

June 1 - Brownsville, TX.  This session is for law enforcement personnel.

June 2 - Harlingen, TX. The morning session is for medical and business community audiences.  The afternoon session is for non-profits and government entities.

June 3 - McAllen, TX.  This session is for consumers who is interested in learning to train on the Americans with Disabilities Act.

Note:  The Southwest DBTAC is currently trying to provide outreach to the deaf and hard of hearing.  The June 3, McAllen training is part of this effort.  If you are interested in attending trainings or sponsoring a training, please contact the Southwest DBTAC at 800-949-4232.

Join the ADA Arkansas Roundtable network trainers at these trainings and get the latest information on the following topics:
Tuesday, May 30: Requesting Accommodations
Tuesday, July 25: Higher Education and the ADA and 504
Tuesday, October 31: ADA and Service Animals

All trainings will be held from 1:30-3:30 at the training annex of the offices of the University Affiliated Program at 501 Woodlane, Suite 210, Little Rock, AR.

Interested in joining the Roundtable or finding out about the services available through its network? Contact Lisa Roberts or Mainstream ILC at 501-280-0012
 

Seating is limited for this training, please call in advance if you are interested in attending.

"ADA, IDEA, and 504*: What do They Stand for and What do Parents of Children with Disabilities Need to Know About Them"
New Vistas Independent Living Center
1121 Alto Street
Santa Fe, New Mexico 87501
505-988-3803
April 5 - 9:30am to 11:30am
*Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act
Call 800-949-4232 to register
 

 


Events, Conferences and "Celebrations"

Celebrating the 10th Anniversary of the ADA

On February 24, a luncheon was held in Houston, TX for six leaders in the disability community to be awarded the George Bush Medal for Empowerment of People with Disabilities.  Former President George Bush presented the medal named after him to:
Elizabeth Bogg (posthumous), Founder of ARC
Justin Dart, Founder of "Justice for All"
Evan Kemp (posthumous), Former Chairperson United States Equal Employment Opportunity Commission
Joshua Malingua, President of Disabled Peoples' International
Richard Thornburgh, Former US Attorney General
Pat Wright, Director Governmental Affairs, Disability Rights Education and Defense Fund

The theme of the luncheon and the event was "Lighting the Way."  All award recipients and speakers remarked upon the power and the tremendous impact the ADA has had in the United States over the past ten years.  Keynote speaker, Gordon Bethune, CEO of Continental Airlines said, "When the ADA was passed just ten years ago, some were skeptical of the effect that it might have on business and costs.  But, just ten years later, it is apparent that it has had an extremely positive influence across the board.  Most companies, Continental included, have come to realize the benefits and reap the rewards that the ADA has brought to light.  Those who haven't seen the light have missed out on a great many opportunities."

After the ceremony, President Bush lit the torch that will cross the country beginning June 9th in Houston, TX to commemorate the 10th anniversary of the ADA.

Torch Run

On June 9 & 11-- Houston, TX will be the first city to embark on the celebrated events that will continue until July 26 with a finale celebration in Washington, D.C.  The Southwest DBTAC, the Houston EEOC office and the Mayor's Committee on People with Disabilities along with other disability related groups such as the Houston Center for Independent Living, the Paralyzed Veterans Association, and the Houston Challengers are currently organizing the event.  If your organization is located in Houston and you would like to participate, please contact Tajauna Dunning at 800-949-4232, or E-mail tdunning@ilru.org.

The relay is being sponsored by the American Association of People with Disabilities (AAPD), the relay challenges Americans to "Renew the Pledge" made ten years ago when the ADA was first passed into law.  The torch will cross the nation and arrive at its final destination in New York City on August 7.  Currently, more than 500 activities are being held across the country in celebration of the ADA.  If you are planning any ADA celebrations in Region VI -- Arkansas, Louisiana, New Mexico, Oklahoma or New Mexico, let us know so that your event can be publicized on our Web site www.ilru/dbtac and posted on the Initiatives 2000 national calendar.

To join AAPD or find out more about this national organization visit www.aapd-dc.org
 

Texas Society of Interpreters for the Deaf Conference
When: March 30-April 2, 2000
Where: Austin, TX at the Capitol Marriott
For more info: email TSID2000@tsid.org <mailto:TSID2000@tsid.org>

Arc of Texas Annual Conference
Annual conference and business meeting for Arc of Texas members, volunteers, supporters, chapters, and staff.
When: April 14-15, 2000
Where: Corpus Christi, TX at the Omni Bayfront Hotel
Contact: Dawn Roland, 800-252-9729, ext. 115, or droland@thearcoftexas.org <mailto:droland@thearcoftexas.org>

Texas Advocates Conference
A statewide self-advocacy convention for adults with disabilities. Texas Advocates is a nonprofit organization made up of and managed by people with mental retardation and other disabilities who are learning to "speak out for themselves."
When: July 7-9, 2000
Where: Corpus Christi, TX at the Omni Bayfront Hotel
Contact: Dawn Roland, 800-252-9729, ext. 115, or droland@thearcoftexas.org <mailto:droland@thearcoftexas.org>, or Lavern Bozant, 800-252-9729 or lbozant@thearcoftexas.org <mailto:lbozant@thearcoftexas.org>

Inclusion Works!
More than 1,500 educators, school administrators, students, and parents will gather in San Antonio for the state's premiere conference on inclusive education. Learn "best practices" from the best of the best inclusive educators in the state, and hear powerful messages from national inclusion experts.
When: December 4-16, 2000
Where: San Antonio, TX at the Hyatt Regency on the Riverwalk
Contact: Dawn Roland, 800-252-9729, ext. 115, or droland@thearcoftexas.org

Distance Learning

ADA Distance Learning 2000 utilizes a combination of teleconferencing and Web-based technology to deliver continuing education on specific topics of the ADA. They are one-hour in length with interactive opportunity for questions and answers. Supplemental materials are posted to the Web for participants to review and prepare for each session.
Pre-registration is required. Remaining sessions include:

April 18: Worker's Compensation and the ADA
May 16: Principles of Universal Design
June 20: Post-Secondary Education: ADA and Section 504
July 18: Breaking Ground: 10 Years of the ADA
August 15: Union Environments and the ADA
September 19: Accessibility & Technology: Section 508 and Telecommunications
Call 800-949-4232 to register or for more information on these sessions.
 

Legal Updates

Title II Constitutionality Challenges & Issues

Supreme Court

Title II Constitutionality Cases Settled--Although the two Title II ADA cases the United States Supreme Court was supposed to hear on April 26 have both been settled  (Alsbrook v. Arkansas and Florida Department of Corrections v. Dickson), the central issue in these suits and others making their way through the courts remains a hot topic.  At issue is whether Congress had the authority to allow suits to be filed against state entities under Title II of the ADA.  The State of Alabama asked the Supreme Court to move quickly on its appeal of a case regarding similar issues.  That motion was denied, but the Court will hear arguments until April 26.  Given the determination of many states to fight the application of the ADA to its activities, it is certain that the Supreme Court will eventually hear a case on this issue.

Circuit Courts

Most Circuit Courts of Appeal have upheld the "power" of Title II.  Most of the courts in the following cases have:

Given deference to Congressional recognition of the pervasive and widespread nature of discrimination against people with disabilities, and recognized that Congress did have the power to allow suit to be filed against state entities to remedy this discrimination.

  Torres v. Puerto Rico Tourism Company, 175 F.3d 1 (1st Cir. 1999)
  Muller v. Costello, 187 F.3d 298 (2d Cir. 1999)
  Amos v. Maryland Department of Public Safety and Correctional Services, 178 F.3d 212 (4th Cir. 1999)
  Coolbaugh v. State of Louisiana, 136 F.3d 430 (5th Cir. 1998)
  Crawford v. Indiana Department of Corrections, 115 F.3d 481 (7th Cir. 1997)
  Armstrong v. Wilson, 124 F.3d 1019 (9th Cir. 1997)

The 8th Circuit in Alsbrook v. City of Maumelle, Arkansas, 184 F.3d 999 (8th Cir. 1999) went against this trend and found that the application of Title II to states exceeded Congressional authority.
 

Alsbrook in the 8th Circuit

In Alsbrook, suit was brought by a police officer who was fired from his job because he did not have 20/20 vision.  After bringing suit, he got his job back, but appealed the lower court's decision on the issue of monetary damages. The 8th Circuit Court held that the plaintiff could not collect money damages.  To settle his suit, the plaintiff accepted an undisclosed amount of money.
 

The 8th Circuit:  In the Wake of Alsbrook

People living in the 8th Circuit (North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri and Arkansas) can still file federal ADA Title II lawsuits against cities and states. In addition, in a case brought after Alsbrook in the 8th Circuit other limitations to the immunity of state entities to Title II suits were outlined.

In Salcido v. Woodbury County Iowa (16 NDLR 158, September 16, 1999), the northern district court in Iowa held that, "the Eleventh Amendment does not bar suits that challenge the constitutionality of a state official's action, or that assert the official has acted in violation of federal law, if the suits seek only prospective equitable relief." In Salcido, the court found that the plaintiff was not suing Iowa, the state of which he was a citizen, but Iowa state officials.  In so holding, the court recognized something called the Ex Parte Young exception to bringing suit against states.  According to this exception, suit may be brought challenging the constitutionality or lawfulness of a state official's actions if a plaintiff is only looking for future relief that is not monetary.
 

Defending Title II -- The Department of Justice

According to the latest enforcement status report (October-December) issued by the DOJ, the Department is defending the constitutionality of the ADA in four cases where States are arguing that Congress did not have the authority to permit ADA lawsuits directly against State entities:

     Walker v. Washington (7th Circuit) is a Title II suit challenging prison surcharge for providing an auxiliary aid.

     Hallen v. Union Beach Board of Education (District of New Jersey) is a Title II suit challenging the failure to place a 20-year-old plaintiff with autism in the most integrated setting appropriate.

     New Jersey Protection and Advocacy v. Waldman (District of New Jersey) -- Title II suit challenging institutional placement of nine individuals with developmental disabilities.

     Stephens v. University of Tennessee (Knoxville) (Eastern District of Tennessee) -- employment suit under Titles I and II alleging that employer failed to promote plaintiff because she has Hepatitis C and Graves Disease.
 

In the Wake of Olmstead

New York State Court interprets Olmstead-

In Sanon v. Wing, the court overruled the decision of the State Department of Health and city agencies to terminate home care services and place three individuals with disabilities in nursing care.  The court held that Title II of the ADA required that individuals with disabilities have access to in-home care and that allowing such would not cause a  "fundamental alteration" of the State Medicaid program.

National Teleconference

March 9, 2000 - The National Council on Independent Living  (NCIL) held a national teleconference entitled "Making Olmstead Work in Your State."  Speakers Steve Gold and Mike Oxford addressed a number of important topics including:

  • what the decision means to people with disabilities 
  • what states must do 
  • how individuals with disabilities should get involved 
  • tips on assessing state plans


Tapes of the teleconference may be obtained from NCIL, 1916 Wilson Blvd., Suite 209, Arlington, VA 22202 (Attn. Kristy Langbehn).
 

Applying the ADA to the Internet:  Testimony Before the House Judiciary Subcommittee on the Constitution

 -- from the Federal News Service February 9, 2000

 Testimony was given by Peter Blanck, professor of law, of occupational medicine, and of psychology at the University of Iowa, and the director of the Law, Health Policy, and Disability Center at the University of Iowa College of Law.  Blanck has written articles and books on the Americans with Disabilities Act and has studied and taught courses on the law's implementation.  Blanck also has an immediate family member with dyslexia who is challenged everyday to read Web-based and printed information.

"The first part of my testimony is on the application of the ADA's accessibility requirements to public accommodations -- private Internet Web sites and services.  The second part highlights ongoing research suggesting that accessibility to private Internet Web sites and services may have yet untapped and far-reaching benefits to society..

Public accommodations must provide people with disabilities opportunities to enjoy their goods and services that are equal compared to the opportunities provided to others without disabilities.  Title III requires that covered entities provide effective communication  to individuals with sensory impairments through auxiliary or assistive aids (e.g., sign-language interpreters, assistive listening devices, Braille or audiocassette) and to make reasonable modifications to their policies and procedures, unless doing so would result in an undue burden..

Web-based activities of public accommodations that have an online presence (e.g., certain travel agents and retail stores) may be subject to Title III provisions. Similarly, exclusively Web-based service industries (e.g., e-commerce retail companies) may be considered Title III covered entities offering goods and services to the public..

As an alternate to providing full accessibility through the Internet, Title III covered entities may offer their services in other effective accessible formats.  This is warranted unless doing so would result in a fundamental alteration to the program or service.or result in an undue burden.

In addition, Title III covers only conduct affecting commerce that is directed at the public.  Although the Internet provides opportunities for people to communicate with each other, not all are intended for the public.  This distinction cannot be made solely upon whether there is a profit motive because included among Title III public accommodations are entities that affect commerce without a profit motive, such as some libraries and museums...

Finally, and most critically, because Title III would not require changes to the subject matter or content of Web sites and services but only to the manner by which information is presented, First Amendment concerns do not apply.."

For additional copies, alternate formats, copies of referenced materials, or other information contact Professor Blanck at the University of Iowa College of Law, 431 Boyd Law Bldg., Iowa City, Iowa, 52242-1113, or 319-335-9043, or Peter-Blanck@uiowa.edu.

The views expressed in this statement reflect only those of the author and do not represent the views of the federal government or any other entities.

Transportation

An important  facet of accessible transportation is upheld in James v. Peter Pan Transit Management, Inc., the DOJ argued and the court held that the, "public transit authority may be held liable under Title II for discrimination by a private company that provides bus service to the public under a contract with the transit authority.." The plaintiff alleged that she was denied equal access to the CAT Connector service, a supplemental van service that connects bus routes and other points of interest and also provides service on a demand-responsive basis.  Allegations included: refusal to pick her up, missing and inoperable lift and securement equipment,
inadequately trained drivers on the use of the lift and securement equipment.
 

Accessibility Standards - Proposed ADAAG Changes

Comment Period on Proposed ADA Accessible Guidelines (ADAAG) Extended to May 15th

Federal:
On November 16, 1999, the ACCESS Board published a proposed rule in the Federal Register to change the ADAAG.  People may offer their comments on it for approximately two more months.  If the proposed guidelines are finalized by the ACCESS Board and formally adopted by the Department of Justice, they will become enforceable standards.  View the proposed rule by visiting the ACCESS Board's Web site at www.access-board.gov.  Comments may also be e-mailed to docket@access-board.gov.

Texas:
In Texas, The Public Rights-of-Way ACCESS Advisory Committee met February 9-11, 2000.  The committee is looking at a number of "uses" and will eventually make recommendations to the ACCESS Board regarding these things.  "Uses" being studied include:

  • sidewalks (width)
  • ramps and landings
  • driveways
  • clearances, horizontal and vertical; placement of signs, vending carts
  • visual/audible warnings, crossings and timings; pedestrian signals
  • detectable warnings
  • parking facilities, meters, loading bays
  • surfaces (sidewalk), coefficient of friction; grates, vents, vaults, tree grates
  • cross slope, running grade in cross walks

Welcome to the General E-mail bulletin distribution list of the Southwest ADA Center. The bulletin is distributed monthly to provide subscribers with an update on the Americans with Disabilities Act events, trainings, resources, agency rulemaking and enforcement activities. We also want to use the bulletin as a vehicle to post information on any ADA-related events your organization or group are planning in your state or community. Please feel free to forward us any information about your event(s). They will be posted the following month. Questions and feedback may also be submitted in the same manner.  Project staff are also available at 800-949-4232 from 9:00a.m.–5:00p.m. Central Time to answer your ADA questions. All questions are answered confidentially.

The mission of the Southwest ADA Center is to promote proactive compliance with the ADA in Texas, Arkansas, Louisiana, New Mexico and Oklahoma.  Based at ILRU (Independent Living Research Utilization), a program of TIRR in Houston, Texas, the DLRP is funded by NIDRR, an agency of the Department of Education, under grant #H133D60012, to provide information, materials, and technical assistance on the ADA. NIDRR is not an enforcement agency.

The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.

To unsubscribe to the general E-bulletin, or to subscribe to the HR or legal E-bulletin, to ask a question or give a comment, please send an E-mail to swdbtac@ilru.org.  All questions are answered confidentially.

You are welcome to reproduce all or part of the text on this web page electronically or in print, crediting as your source the Southwest ADA Center at ILRU. We would greatly appreciate receiving a copy of your use of our material. Please send to:

Tajauna Dunning, Communications Director
Southwest ADA Center
2323 S. Shepherd #1000
Houston, Texas 77019
713-520-0232 (v/tty)
713-520-5785 (fax)
tdunning@ilru.org

 

 

 

 

 

 

 

 

 

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