DBTAC: Great Lakes ADA Center

May 2006

Volume 2 Issue 8

Welcome to the Great Lakes ADA and Accessible IT Center's monthly Newsletter

Trainings & Events

The Great Lakes Center offers technical assistance on a variety of issues under the ADA and Accessible Information Technology

Resources

The Great Lakes Center offers customized trainings on a variety of issues under the ADA and Accessible Information Technology.

Great Lakes Affiliates

The Great Lakes offers resource materials on a variety of issues under the ADA and Accessible Information Technology.

Resources from the Technical Assistance Desk

In the Headlines

The U.S. Access Board has published a notice of intent to establish an advisory committee to review and make recommendations for updating the Board's standards under Section 508 of the Rehabilitation Act Amendments of 1998 and Section 255 of the Telecommunications Act of 1996. The Board is seeking individuals from interested organizations and Federal agencies to serve on the advisory committee. The section 508 standards apply to electronic and information technology procured, created or maintained by the Federal government, which includes web sites, computers, computer software, copiers and fax machines. The Section 255 standards apply to telecommunication providers and the manufacturers of telecommunication devices. Instructions on how to submit an application for inclusion on the advisory Committee may be found in the notice published on April 18, 2006 in the Federal Register. Applications must be received by May 18, 2006. Read more about the Access Board's notice regarding the establishment of an advisory committee.

The Office of Disability Employment Policy (ODEP) within the U.S. Department of Labor (DOL) has issued a new technical assistance document, Maximizing Productivity: Accommodations for Employees with Psychiatric Disabilities. The document provides an overview regarding the reasonable accommodation provisions of the Americans with Disabilities Act. The material emphasizes the value of employees with disabilities in the workplace. The document also provides possible accommodations for employees with psychiatric disabilities as well as other resources for employers. Read more on ODEP's new technical assistance document.

The U.S. Department of Justice (DOJ) announced a settlement agreement with Arlington County, VA to improve access to all aspects of civic life for persons with disabilities. The agreement is part of Project Civic Access, an initiative by the DOJ to ensure that counties, cities, towns, and villages comply with the ADA. By eliminating physical and communication barriers Project Civic Access allows persons with disabilities to participate in the activities and services offered by their communities. The DOJ has conducted reviews in all 50 states, Puerto Rico and the District of Columbia and has posted the agreements on the Project Civic Access portion of the DOJ website. Read more about settlement agreement between Arlington county and DOJ.

The Interagency Committee on Disability Research (ICDR) is seeking public comment on the federal disability and rehabilitation research agenda at its May 23, 2006 meeting. Comments are being sought from individuals with disabilities, service providers, organizations working with individuals with disabilities and experts in the rehabilitation field to suggest specific ways to improve future research for individuals with disabilities. The ICDR is authorized under the Rehabilitation Act of 1973. Comments may be submitted in advance or made at the May 23 meeting being held in Washington D.C. at the Capital Hilton from 10:00am-3:00pm. Individuals interested in submitting a comment or attending the meeting can find additional information in the notice published in the Federal Register. Read more about ICDR's public comment on the federal disability and rehabilitation research agenda.

The U.S. Department of Justice has reached a settlement agreement with NPC International, Inc., the largest Pizza Hut franchisee in the country. The agreement addresses accessibility issues in parking lots, bathrooms, counters and other common use areas. While NPC Inc. does not admit any violations of the accessibility requirements under Title III of the ADA they have been working to address issues discovered during several DOJ reviews of its facilities. Read more about DOJ's settlement agreement with NPC International, Inc..

The U.S. Access Board has announced that the next meeting of the Courthouse Access Advisory Committee is going to be held May 18-19, 2006 in Miami, FL. The Committee is working on developing technical assistance and best practices for some of the unique issues in providing access in courthouses. Forming partnerships and doing outreach has also been a mission of the Committee. Members of the Committee include design professionals, disability groups, as well as members of the judiciary. Read more the Access Board's Courthouse Access Advisory Committee meeting.

The U.S. Department of Justice has updated its web site with new ADA Briefs. The updates are briefs that have been filed in ADA related court actions. The filings pertain to Titles I, II and III of the Americans with Disabilities Act and to Section 504 of the Rehabilitation Act of 1973. The Briefs include:

• Kovacs v. Kawakami
• Rosenthal v. New York State Board of Law Examiners
• United States v. Becker
• United States v. Vasquez Funeral Home

Read More about DOJ's website updates.

Great Lakes In Focus

Qualified Interpreter

When the term "Qualified Interpreter" is used in regards to the Americans with Disabilities Act (ADA) the U.S. Department of Justice ADA regulations state that a qualified interpreter means an interpreter who is able to interpret effectively, accurately and impartially. That includes both receptively and expressively, using any necessary specialized vocabulary. In medical and educational situations that means an interpreter that is familiar with the terminology and vocabulary being used.

It should be pointed out that not all instances require the provision of a qualified interpreter in order to insure that effective communication is being provided. Like many other situations involving the ADA the determination of when and what type of interpreter should be used should be made on a case by case basis. Covered entities should consult with individuals with disabilities wherever possible to determine what type of interpreter is needed to ensure effective communication. While consultation is encouraged, the decision as to what measures to take to ensure effective communication resides with the covered entity as long as the method chosen results in effective communication. Entities should consider the duration, complexity and the content of the oral information to determine if a qualified interpreter is needed to insure that the deaf or hearing impaired individual has the same level of access to the information as do non-disabled individuals.

To get additional information regarding the ADA and qualified interpreters you may contact the Great Lakes Center by calling 800-949-4232 (V/TTY) or through the on-line contact form.

Accessible Information Technology (AIT)

The Great Lakes Accessible Information Technology (AIT) Initiative provides individuals, educational institutions, advocacy groups and organizations with technical assistance, training, referrals, materials, and resources on information technology and its accessibility. The Center's trainings are customized to fit the specific needs of the organizations requesting the presentations. Visit the AIT section of the Great Lakes web site for more information on the services provided by the Center.

To get additional information about AIT in K-12 settings visit the K-12 Bulletin. You may reach the Great Lakes Center by calling 800-949-4232 (V/TTY) or through our on-line contact form.

The Docket

Toomer vs. CityCab

The U.S. Court of Appeals for the 10^th Circuit has affirmed a District Court summary judgment ruling for CityCab of Utah. The Court of Appeals ruled that the lower Court was correct in determining that there was no violation of the ADA by the defendant. The case centered around the issue of whether the vehicles operated by the cab company were required to be accessible to individuals that use wheelchairs.

The company operates vehicles in its fleet other then sedans and has purchased vehicles since the effective date of the ADA. The plaintiff contended that the vehicles purchased by the cab company were manufactured after the effective date of the ADA and therefore should be accessible to wheelchair users.

The cab company argued and the Court agreed that even though the vehicles were manufactured after the effective date, they were not considered "new" under the ADA regulations. The Court ruled that the term "new vehicle" meant vehicles with no prior use, not vehicles manufactured after the effective date of the ADA. Since the cab company purchased "used" vehicles they would not be considered "new". Read more on Toomer vs. CityCab.

Great Lakes Vine

ADA Illinois

The Illinois ADA Project held it 2^nd quarterly Steering Committee Meeting on April 18^th, 2006. The meeting focused on plans for the September 25, 2006 ADA Conference. New members of the Steering Committee included: Karen J. McCulloh, Executive Director of the DisabilityWorks initiative at the Chicagoland Chamber of Commerce, Jennifer Schindl, Managing Director of the Chicagoland Business Leadership Network, and Gerard W. Broeker, Executive Director of the Statewide Independent Living Council of Illinois.

The 2006 ADA Conference would focus on employment and accessibility issues affecting businesses and other organizations. Recent trainings were discussed including trainings to job developers that explained reasonable accommodation requirements and best practices for requesting accommodations. These trainings also discussed the issue of personality testing of job applicants, which was found to violate the ADA in Karraker vs. Rent-A-Center by the 7^th Circuit Court of Appeals. An article on personality testing written by the Illinois ADA Project appeared in the Chicagoland Chamber of Commerce Newsletter and was the most widely read article in the Chamber's February Newsletter.

Upcoming events include a DREDF (Disability Rights Education and Defense Fund) Stakeholder Dialogue on May 2-5, ADA Employment training in Springfield for the Coalition of Citizens with Disabilities in Illinois (CCDI), and a two panel discussion with ADA Project Manager Alan Goldstein. One panel discussion will be at the EEO Diversity Conference on May 11^th, and is titled "Rethinking Responsible Accommodation vs. Reasonable Accommodation"; the other panel discussion will be about ADA Employment issues at the Small Business Conference at Chicago State University College of Business on May 17^th.

ADA Indiana

May 4^th - Upcoming Video Conference on Title I and Reasonable Accommodation
On Thursday, May 4th, ADA-Indiana and Great Lakes will be collaborating with East Central Opportunities, a workforce development organization, in Muncie, Indiana to provide training on Title I of the ADA. The training will utilize video conferencing technology to connect the trainers to the participants in five counties (Blackford, Delaware, Henry, Jay, and Randolph) in East Central Indiana. The training will be open to employers, human resource professionals, and other employment specialists in the area. SPHR, PHR, and CRC credits will be offered.

The Built Environment and the ADA Audio Conference Series in Indiana
ADA-Indiana will be offering Great Lakes' two-part audio conference series on the Built Environment - Creating Accessible Play Areas in May and Accessible Signage in June. The audio conference series will be offered in six Indiana locations: Bloomington, Evansville, Indianapolis (two locations), West Lafayette, and Westville. The sites are free and open to the public and no pre-registration is required. The site locations and times are available on the ADA-Indiana website.

New Member Spotlight: Keith Coros, Michiana Center for Independent Living
This past April, ADA-Indiana welcomed a new member to the steering committee. Keith Coros lives in Granger (located in St. Joseph county) in northern Indiana. Keith retired from Indiana Vocational Rehabilitation Services. He is very active in advocacy work in his community and the state. He was recently appointed to the Indiana Council on Independent Living by Governor Daniels.

Visit the ADA-Indiana website for updates on projects and events.

Michigan ADA Steering Committee

In the coming months, funds will be applied toward the Michigan youth Leadership Forum, an outreach project for deaf services in the northern, lower peninsula of Michigan and the Disability Network's ADA Day.

The Committee is sponsoring a presenter at the Southeast Michigan Council of Governments (SEMCOG) on May 23. The workshop will provide state and local government engineers and planners responsible for designing public rights-of-way and recreational trails/facilities, and ADA/Section 504 Coordinators, with information about federal regulations pertaining to public rights-of-way and outdoor developed areas.

A new member has been added to the Michigan ADA Steering Committee. Dave Ruthenberg of Livonia, Michigan, is representing the consulting company Capital H Group. The next meeting will be held at the office of Michigan Protection and Advocacy Service in Livonia, Michigan, at 11:00am-1:00pm on June 20, 2006.

ADA Minnesota

Hold the date to Celebrate the ADA
ADA Minnesota along with several disability related organizations will again be hosting an ADA celebration on the evening of July 26, 2006. We will be commemorating the 16^th Anniversary of the passing of this federal act and the positive impact it has had on people with disabilities, businesses, and the community as a whole. Details regarding this event will be posted on the ADA Minnesota website at www.adaminnesota.org. If you have additional questions, please contact Cindy Tarshish at cindyt@mcil-mn.org or 651-603-2015, TTY 651-603-2001.

ADA Ohio

ADA-OHIO is involved in several large events, which benefit persons with disabilities in Ohio.

1. A conference entitled, "Gateways IV, Today's Changing Workforce: Achieving Independence and Employment". This conference is being held May 1-2, 2006 at the Columbus Convention Center. It is being hosted by the Ohio Rehabilitation Services Commission, the Ohio Department of Mental Health, the Ohio Department of Mental Retardation and Developmental Disabilities, and the Ohio Department of Education. The conference will focus on strategies to facilitate successful employment and independence for people with disabilities.
2. Ohio Advocates for Mental Health annual meeting and conference. This event will be held July 28-30 at the Radisson Hotel in Akron, OH. Various forums will be conducted to help persons with mental health issues to become strong advocates for reform within their communities. Information will also be provided on how to approach legislators to effect change.
3. The Medicaid assisted living waiver program. Ohio Governor Bob Taft has announced the rollout of the Medicaid assisted living waiver program, which will make up to 1,800 Medicaid assisted living waiver slots available. The program is a lower-cost alternative to nursing homes, which is generally preferred by senior citizens and their families. The program is limited to nursing home residents who would remain in the facility if not for the waiver and current recipients of other Medicaid waiver programs such as PASSPORT home- and community-based services. This program fills a void in the long-term care continuum of care in Ohio for adults with disabilities. Advocates have been working for the past seven years to reshape the long-term care system in Ohio, of which this program is a positive outcome.

ADA Wisconsin

The ADA Wisconsin Partnership is part of a regional network of similar programs and is affiliated with the Great Lakes Disability and Business Technical Assistance Center (GLDBTAC), located at the Department of Disability and Human Development at the University of Illinois at Chicago. The ADA Wisconsin Partnership is managed by Rehabilitation For Wisconsin, Inc. (RFW). Contact us:

ADA Wisconsin Partnership
c/o RFW, Inc.
1302 Mendota Street, Suite 200
Madison, WI 53714-1024
608-244-5310 (V/TTY)
608-244-9097 (Fax)
ada@rfw.org

Technical Assistance Desk

Question: My brother was stopped by our City's police department for a traffic violation yesterday. He is deaf and communicates best using a sign language interpreter. What are the obligations' of the police in this situation under the ADA? What would have been the obligation's of the police had they arrested my brother?

Answer: The Great Lakes Center provides informal technical guidance, training and material on the Americans with Disabilities Act (ADA). This Question and Answer is informal guidance and does not constitute a legal determination of an individuals or entities right's or responsibilities under the ADA.

The ADA prohibits covered entities from discriminating on the basis of disability against qualified individuals with disabilities. State and local government entities are required by Title II of the ADA to insure that all programs, services and activities are accessible to and usable by individuals with disabilities. As a part of local government a City police department is covered by the requirements of Title II of the ADA.

Police departments have an obligation to insure that individuals with disabilities have the same level of access to information that individuals with out disabilities have. That includes both written information as well as orally communicated information. The ADA requires the provision of auxiliary aids and services in order to insure that effective communication is achieved with individuals with disabilities.

Examples of auxiliary aids and services for individuals that are deaf and hearing impaired include a qualified interpreter, closed or open captioning, writing notes, using a TTY or TDD, or using a computer terminal. This is not an exhaustive list of auxiliary aids and services for individuals that are deaf and hearing impaired. Which auxiliary aid or service is needed to achieve effective communication will depend on several factors. This would include the complexity of the information being communicated as well as the duration of the communication.

Covered entities should consult with an individual when possible in order to determine what will be necessary to provide effective communication. In the situation where your brother was stopped for a minor traffic violation it is possible that effective communication could be achieved by writing notes back and forth. The duration and the complexity of such an exchange of information may allow effective communication with out the use of a qualified interpreter.

However, if your brother had been arrested and taken to the police station for questioning it is likely that due to the length and complexity of the questioning and questions that a qualified interpreter would be needed. Additionally, if individuals detained by the police have an opportunity to make a call then the police would be required to have a way for a deaf or hearing impaired individual to make a call. This likely would require the use of a TTY or TDD.

In situations where a family member or friend is present the police cannot require that the family member or friend serve as the interpreter. It may be difficult for a family member or friend to serve as an effective interpreter due to the relationship with the individual. There may be situations where the friend or family member could serve as interpreter, for instance if an individual is asking for directions from a police officer but the police cannot require the family member or friend to serve as interpreter.

The determination on what auxiliary aid or service will be provided ultimately is made by the covered entity. What is provided however must provide effective communication. Entities are also not required to provide any auxiliary aid or service that would result in undue burden or that would fundamentally alter the nature of the program or service being provided.

For questions regarding the ADA and effective communication with individual with disabilities you may contact the Great Lakes Center by calling 800-949-4232 (V/TTY) or by visiting our on-line contact form.