Great Lakes ADA and Accessible I T Center

December 2004
Volume 1, Issue 5
Federal Agency Update
US Access Board

The Access Board will release for public review and comment draft guidelines for providing access to passenger vessels under the Americans with Disabilities Act (ADA). Currently the standards used to enforce the ADA's transportation provisions do not address passenger vessels. The draft guidelines will cover access to large vessels, specifically those designed to accommodate more than 150 passengers or 49 overnight passengers. The Access Board created the Passenger Vessel Access Advisory Committee to develop the draft guidelines and investigate various issues concerning access to different types of vessels. A wide variety of vessels were taken into consideration, such as ferries, recreation and gaming vessels, and cruise ships. The Access Board will also publish a notice seeking public input on how, and to what extent, small vessels should be addressed by the guidelines.

The Access Board has agreed to serve on committees created by the International Code Council (ICC) and the National Fire Protection Administration (NFPA) that will explore accessibility issues related to building design and life safety. The goal is to provide a forum for input on access issues and to facilitate coordination of ICC and NFPA codes and standards with design criteria issued under the ADA. The ICC Committee will be responsible for identifying and addressing conflicts among the International Codes and Standards. The committee's charter specifies particular areas of study and investigation, including fire protection, use of elevators in emergencies, assisted living facilities, and further harmonization of the International Building Code (IBC) with new guidelines the Board published last July.

The NFPA has established a standing advisory group called The ADA Advisory Committee, which will include a representative from the Access Board. The committee will identify emerging issues and existing needs among people with disabilities and will develop recommendations on how NFPA can be responsive to them. It will also work to help ensure that NFPA's code and standard development process includes input on the latest trends and thinking on various accessibility issues that impact people with disabilities.

Department of Justice

The United States Department of Justice (DOJ) has released a quarterly status report on its enforcement efforts concerning the Americans with Disabilities Act (ADA). This report covers the activities of the DOJ during the second quarter (April - June) of 2004. The report contains information related to settlement agreements, ADA litigation, and mediation of ADA related complaints.

The United States Department of Justice (DOJ) issued a press release detailing the results of its investigation of Woodbridge Developmental Center a residential facility for persons with developmental disabilities owned and operated by the state of New Jersey. In April 2003 the DOJ informed the state of New Jersey that it would initiate an investigation of alleged abuses of residents pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ concluded that Woodbridge violated the constitutional and statutory rights of its residents. Among these violations are: failure to properly monitor residents, failure to provide information on behavior problems to direct-care staff, and ongoing staff abuse of residents.

The United States Department of Justice (DOJ) is required under the Freedom of Information Act (FOIA) to disclose records requested in writing by any person. However there are nine exemptions and three exclusions contained in the statute that preclude federal agencies from honoring these requests. The DOJ has set up a web site dedicated to providing information on the Americans with Disabilities Act (ADA). This web site features a link to frequently asked FOIA requests for persons interested in researching issues related to the ADA. This online reading room provides access to documents, settlement agreements, court cases, and technical assistance letters that are divided by state or subject matter.

Equal Employment Opportunity Commission

The Equal Employment Opportunities Commission (EEOC) has issued a report that highlights best practices of four states - Florida, Maryland, Vermont, and Washington that promote the hiring of individuals with disabilities in state government jobs. Each of these states have volunteered to work with the EEOC and allowed the agencies to review documents related to job appplicants and state employees. The goals of the project are to document the best practices of each state to promote their adoption by other states and to receive free, informal technical assistance from the EEOC regarding the employment provisions of Title I of the ADA.