Region V New - Summer 1997

Janet Reno Addresses Universal Accessibility Conference

Over 400 architects, designers, advocates and other professionals interested in accessible design attended the Universal Accessibility Conference sponsored by the Access Board and the American Institute of Architects (AIA) in Washington, D.C. on June 12 and 13. Attorney General Janet Reno provided the keynote address at the conference. In her introduction, Reno drew heavily upon personal experiences with her mother, who designed the family home in south Florida where Reno grew up. Seeing the house take shape from her mother's plans, she said, inspired her every day and gave her "a very great regard for architects across this land." Despite her love for the house however, Reno remarked, her mother "was in a wheelchair quite often" in the last year or two of her life. Since she hadn't designed the house to be accessible, said Reno, "I cursed it every single day."

"There should be no doubt what's at stake here. It is nothing less than assuring that our nation's future is barrier­free and open to all. ...Universal accessibility is not about special designs to accommodate people with disabilities. It is about designing buildings so that everyone can use them... When buildings are designed from the ground up with universal accessibility in mind, we all benefit in so many ways at such very little cost." The Attorney General also recognized the value of the event as a federal­private partnership. "This conference," said Reno, "is a fine example of what our nation's disability rights laws are all about. Private parties and government working together to ensure that all Americans, regardless of their disabilities, have full and equal access to all that America has to offer."

Access Board Chairman Patrick D. Cannon agrees. "More than just another conference, this was a truly historic event," said Cannon at the Access Board meeting July 13. " Building on the good will, cooperation and understanding developed in the Board's two­year ADAAG review effort, the outcomes of this conference will point the way to a future of successful and effective collaboration for the Access Board and professionals throughout our nation." In her remarks, Reno also stressed the Department of Justice's intent to vigorously enforce the Americans with Disabilities Act. "You have an obligation," said Reno to the audience, primarily composed of architects and designers, "to produce designs that provide full and equal access to all." While stressing the administration's commitment to education, technical assistance and negotiation, Reno also made clear that ultimately, the Department of Justice was equally committed to enforcement. "If we have to," said Reno, "and I don't want to, but I am prepared to, we will litigate, and litigate as vigorously as possible."

Source: Access Currents

Reeve Named Vice Chairman of NOD

Christopher Reeve has joined the Board of Directors of the National Organization on Disability and will serve as Vice Chairman. Reeve stated, "I am proud to join the leadership of this fine organization that is dedicated to improving the lives of all Americans with disabilities".  Like many of America's 49 million persons with disabilities, Christopher Reeve entered the disability community in an instant. Immediately after his catastrophic equestrian accident in May, 1995, he took up the disability cause in a dynamic way," stated Deland.

N.O.D. President, Alan A. Reich commented, "Christopher already has made enormous contributions furthering N.O.D.'s goal of full participation of people with disabilities in all aspects of life. Most notably, he has brought hope to disabled persons worldwide by highlighting and accelerating research in regeneration of the central nervous system. This intensified research toward a cure for spinal cord injury and related disorders promises ultimately to bring millions of people more fully into the mainstream of life. Thanks to Christopher, this research is now attracting greater funding, and more neuroscientists are entering the field." Not long after his accident, Mr. Reeve met with President Clinton at the White House and secured a commitment from the President for an additional $10 million in regeneration research.

Mr. Reeve also has provided leadership on other matters of concern to people with disabilities. In May, 1996, he convinced President Clinton to call for depiction of President Roosevelt's disability in the National Memorial to FDR in Washington, D.C. And, he currently is leading the fight to increase the limit on catastrophic injury health coverage from $1 million to $10 million.

Source: NOD

New Assistant Attorney General Named

The President announced on June 12, his intent to nominate Bill Lann Lee to serve as Assistant Attorney General for the Civil Rights Division at the Department of Justice. Bill Lann Lee of Los Angeles, California, has devoted his career to civil rights law. As a litigator, Mr. Lee is known as a pragmatic attorney and a skilled coalition builder for the past twenty­three years, he has worked with a wide variety of organizations and citizens in order to achieve consensus and obtain justice for victims of discrimination.

He has served since 1989 as Western Regional Counsel for the NAACP Legal Defense and Educational Fund (LDF). From 1983­1988, Mr. Lee was Supervising Attorney for Civil Rights Litigation at the Center for Law in the Public Interest in Los Angeles. From 1974­1982, Mr. Lee was Assistant Counsel at LDF in New York City. Mr. Lee has been active in a wide range of civil rights cases, including employment discrimination, school desegregation, health care accessibility, public transportation equity, and federal financial assistance cases.

Mr. Lee was raised in New York City as the son of Chinese immigrants. His father, who volunteered for the U.S. Army and fought in the Pacific theater, endured bigotry upon his return and taught his children the value of scholarship and opportunity. He attended public schools, won a scholarship to Yale College, graduated with honors, and received a Juris Doctorate degree from Columbia Law School.

Source: U. S. Department of Justice

Federal Enforcement Update

Equal Employment Opportunity Commission
The EEOC is the enforcing body for Title I of the ADA. A total of 81,595 charges of discrimination were filed with the Commission as of 3/31/97. 70,140 of these have been resolved with over $150 million in monetary benefits awarded. The following are recent cases in which the EEOC has been involved or issued briefs regarding:

EEOC v. Prevo's Family Market, Inc.
The EEOC has recently filed a brief as an appellee in this case involving HIV discrimination. The defendant in this case (Prevo's Family Market) has filed an appeal from a final judgment finding by the District Court of Western Michigan that they violated Title I of the ADA.

In the first hearing, summary judgment was granted and the jury awarded $10,000 in compensatory damages and $45,000 in punitive damages. Also awarded was $9,400 in back pay and an order to reinstate the plaintiff (Sharp) in the first available part-time position and pay him his former wage until he was reinstated.

The issues of the appeal are whether the district court correctly ruled that: Sharp, as a produce clerk, posed a direct threat to the health of his co­workers; the demand for medical examination was not reasonably necessary; and, there was sufficient evidence to support that the defendant acted with reckless indifference to Sharp's federally protected rights.

Sharp voluntarily disclosed that he was HIV­positive to the defendant, but did not ask for any accommodations. This information prompted the employer to transfer Sharp out of produce to work as a receiving clerk in the back of the store. They feared that concern about an HIV­positive person handling fresh produce might keep customers from shopping at the store.

Sharp worked in receiving for only two days. He disliked the position because of the low level of public contact. After that time he was put on paid leave. Sharp requested to be returned to produce and accused Prevo's of discrimination. For the following 10 months they argued over the provision of medical documentation. During this time Prevo's continued his medical benefits. When Sharp did not show up for his appointment with an infectious­disease specialist and refused to reschedule, Prevo informed him he was terminated. The district court entered its final judgement on October 30, 1996. The defendant filed its appeal on December 27, 1996.

Armstrong v. Turner Industries, Ltd.
The EEOC has recently filed a brief as amicus curiae in this case about who is protected from pre­employment offer inquiries about disability.

In this case, the district court ruled that Mr. Armstrong (plaintiff) was not a qualified individual with a disability and therefore could not assert a violation of the ADA. In this brief, the EEOC seeks to offer its view, which is that "Congress intended to prohibit pre­employment medical inquiries of all job applicants without regard to whether they have disabilities, and hence to create a cause of action for violations of that rule." In this case, Armstrong applied for a pipefitter position with Turner Industries. During the application process, he filled out a medical history form and submitted to a physical examination. Turner conducted a background check and was informed that Armstrong may have been exposed to asbestos four years earlier. Turner noted that Armstrong did not mention the asbestos exposure on his medical form and decided not to hire him because it believed he falsified his forms.

In their brief, the EEOC asserts that the plain language of the law absolutely prohibits covered employers from subjecting an applicant, and not just qualified individuals with disabilities, to medical examinations and inquiries before a conditional job offer is extended. They also state that Turner's failure to hire Armstrong was caused by its adverse reaction to his medical information.

Matczak v. Franford Candy & Chocolate Co.
The EEOC has recently filed a brief as amicus curiae in this case regarding the ADA's definition of disability. The district court in this case held that the plaintiff was not substantially limited in a major life activity, even though he has epilepsy and has suffered a seizure that rendered him unconscious.

The EEOC's brief argues that the district court erred in not finding the condition to meet the definition of a disability due to the following reasons:

The history of the ADA and court decisions under that statute indicate that epilepsy is an impairment that generally will substantially limit one or more of an individual's major life activities;

Eplileptic seizures can and had rendered the plaintiff unconscious, which implicates a number of his major life activities;The fact that the plaintiff may be able to control the onset of seizures through medication should not negate a conclusion that epilepsy is a disabling condition; and The district court concluded that the plaintiff's epilepsy is an impairment of short duration.

New EEOC Guidances
The EEOC has issued the following two new enforcement guidances which outline their position on issues specific to the interpretation of the guidelines for Title I of the ADA.

Enforcement Guidance on Non­Waivable Employee Rights Under EEOC Enforced Statutes.

Some employers attempt to limit an individual's right to file a charge or participate in an EEOC proceeding by requiring him or her to sign an agreement in which s/he relinquishes these statutory rights. Such language may appear in contracts requiring the use of alternative dispute resolution procedures (such as mediation or arbitration), waiver agreements, employee handbooks, employee benefit plans, and "non­compete" agreements. The EEOC makes their position clear in this guidance that such promises made not to file a charge or participate in an EEOC proceeding are null and void as a matter of public policy.

Enforcement Guidance on EEOC & Walters v. Metropolitan Educational Enterprises, Inc.

The Supreme Court held that an employer is defined by whether they have an employment relationship with 15 or more individuals for each working day in 20 or more weeks during the year in question. The Court adopted the EEOC's position that employees should be counted whether or not they are actually performing work for or being paid.

If you are interested in receiving either of the above publications, you may contact GLDBTAC at 800­949­4232 or the EEOC Product Distribution Center at 800­669­3362.  Source: U. S. EEOC.

Shoney's Restaurant to Let Diners with Disabilities Bring in Service Animals
Under a settlement reached with the U.S. Department of Justice, Shoney's Inc. will ensure that its 544 restaurants welcome persons with disabilities accompanied by their service animals.

The settlement resolves a complaint filed by a Charlestown, New Hampshire woman, who is deaf. She alleged that the Shoney's restaurant in Huntsville, Alabama violated the Americans with Disabilities Act (ADA) by refusing to allow her and her service dog into the restaurant.

Under the agreement, the 544 corporately­owned restaurants will adopt a new national policy to ensure that people with service animals have access to all Shoney's restaurants. Shoney's also has another 300 franchises. "A service animal is not a pet, and plays an important role in the day­to­day life of a person with a disability," said Acting Assistant Attorney General for Civil Rights, Isabelle Katz Pinzler. "By entering into this agreement, Shoney's is doing its part towards eliminating obstacles for individuals with disabilities."

According to the complaint, the woman was accompanied by her "hearing" dog, "Gizmo," and several friends when she was asked by the Huntsville restaurant management for a Department of Health card for Gizmo. After a lengthy debate, the complainant and her friends left the restaurant without being served.  Source: U.S. DOJ.

Wisconsin County Agrees to Make Courthouse Accessible
A Wisconsin county will renovate its courthouse and jail facility to ensure that people with disabilities have equal access to the county's law enforcement services, under an agreement reached with the Justice Department.

This agreement, reached under the Americans with Disabilities Act (ADA), sets forth steps the county will take to comply with the law. It resolves a complaint which alleged that the Outagamie County's Justice Center, a five­ story building which houses courtrooms, a jail, the Sheriff's Office and other county services, was inaccessible to people who use wheelchairs.

The Justice Department's investigation revealed that Outagamie County had not prepared a transition plan or self­evaluation report for its Justice Center. As a result of the Justice Department's investigation, the county identified the accessibility problems in the building, and developed a transition plan to correct those problems.

"Today's agreement demonstrates that self­evaluations and transition plans are not just paperwork, they are essential tools for state and local gvernments to use to make their programs accessible," said Acting Assistant Attorney General for Civil Rights Isabelle Katz Pinzler.

Two More Counties Enter Into Agreements To Provide Equal
Two More Counties Enter Into Agreements To Provide Equal Access to 9­1­1 Services People who are deaf, hard of hearing, or who have speech impairments will be able to communicate effectively with 9­1­1 emergency operators in the Buffalo, New York and Charleston, South Carolina areas, under agreements settled in June with the Justice Department.

Because 9­1­1 services are so critical, the Justice Department has made access to services for users of telecommunications devices for the deaf (TTYs) a high priority. It has implemented a nationwide review program to determine if the services are complying with the requirements of the Americans with Disabilities Act (ADA). "Access to emergency services can mean the difference between life and death," said Acting Assistant Attorney General Isabelle Katz Pinzler.

Under these agreements, the counties will ensure that the services provided to individuals who use TDDs are as effective as those provided to others. The Department's nationwide compliance review program has resulted in similar settlements in Pittsburgh, Pennsylvania; Indianapolis, Indiana; Cleveland, Ohio; Bartlesville, Oklahoma; Hempstead, New York; Arlington Heights, Illinois and the State of California. In addition, the Department has intervened in a private lawsuit involving the District of Columbia's 9­1­1 emergency services provider.

Court Approves Agreement Between Justice Department and South Dakota Days Inn Hotel
The owners, architect and contractor of the Days Inn hotel in Wall, South Dakota, will take steps to make the hotel more accessible to guests with disabilities under an agreement reached with the Justice Department.

The settlement, filed June 5 in U.S. District Court in South Dakota, resolves the February 1996 suit which charged that the hotel had not been built according to architectural guidelines set forth under the Americans with Disabilities Act (ADA). This case, filed together with similar suits against four other Days Inn hotels, was the first to be filed by the Justice Department challenging the construction and design of a building built after the landmark disabilities law went into effect.

The five suits alleged Days Inn of America, Inc., its parent company HFS Incorporated and the owners, architects, and contractors of each of five individual hotels in Wall, South Dakota; Willows, California; Champaign, Illinois; Evansville, Indiana and Hazard, Kentucky violated the ADA, which requires parties that "design and construct" new buildings to comply with specific architectural standards ensuring that persons with disabilities can gain access to hotels.

"Parties involved in designing and constructing a building that does not comply with ADA standards for accessibility should only naturally participate in the remedy," said Isabelle Katz Pinzler, Acting Assistant Attorney General for Civil Rights, who applauded the cooperation of the parties agreeing to correct ADA violations at the hotels.

Days Inns of America, Inc. and HFS Incorporated have refused to join in the consent order. That portion of the litigation is ongoing. In addition to the South Dakota agreement, the Justice Department earlier reached agreements to resolve the lawsuits against the owners, architects, and contractors in lawsuits in Willows, California; Champaign, Illinois; and Hazard, Kentucky. Litigation is ongoing in the Evansville, Indiana case.

This agreement stems from an 18­month Justice Department investigation of 28 newly­built Days Inn hotels which revealed that all 28 hotels failed to comply with the ADA. The Justice Department immediately engaged in settlement negotiations with the parties that designed and constructed the hotels and reached settlements quickly in many cases.

Justice Department Settles with Wisconsin State Patrol
The Wisconsin State Patrol will ensure that members of the public who are deaf or hard of hearing will be able to communicate effectively during law enforcement situations, under an agreement reached June 27, 1997 with the Justice Department.

Under the agreement, the State Patrol will provde qualified sign language interpreters when necessary during enforcement situations, ranging from traffic stops to arrests to criminal interrogations. The agreement stems from a complaint filed under the 1990 Americans with Disabilities Act (ADA) by a deaf man who alleged that state patrolmen refused to let him communicate during a 1995 traffic stop.

"Every American should be able to communicate with their local police officers," said Acting Assistant Attorney General for Civil Rights Isabelle K. Pinzler. "We are pleased that the Wisconsin State Patrol has taken steps to ensure effective communication with individuals who have hearing impairments."

In July 1995, the complainant was detained by police in his car. According to his complaint, the officers initially refused his requests to provide him with a pen and paper to communicate, and would not let him try to use sign language.

The Justice Department's investigation revealed that the State Patrol did not have policies or procedures for dealing with members of the public with hearing impairments in typical police situations.

Justice Department Reaches Agreement To Settle Paramedic's Discrimination Charge
The metropolitan government of Nashville and Davidson County will change its hiring policies after it allegedly discriminated against a partially deaf paramedic by denying him a job solely based on his disability, under an agreement with the Justice Department.

The agreement, filed today in U.S. District Court in Nashville, was reached under the 1990 Americans with Disabilities Act (ADA). It resolves allegations that the Metro Fire Department denied Jeffrey Ola, who is deaf in one ear, a position as a paramedic based on a policy which categorically excluded individuals with certain medical conditions, regardless of their abilities to perform job functions.

"Public servants should be hired based on their qualifications, not on stereotypes," said Isabelle Katz Pinzler, Acting Assistant Attorney General for Civil Rights. "Any other policy keeps qualified, talented people out of jobs they deserve."

Ola had been working for several years as an EMT­paramedic in nearby Sumner County, where he had performed successfully and experienced no problems due to his hearing. However, according to a complaint lodged with the Equal Employment Opportunity Commission (EEOC), in early 1994, his application for a similar position with the Metro Fire Department was refused without regard for his experience or abilities. The refusal was based on a policy which barred any consideration of individuals with hearing disabilities for EMT positions.

After making a finding of discrimination, the EEOC referred the matter to the Justice Department who then entered into negotiations with the metropolitan government.

Two Hotels Agree to Make Their Services Accessible to People Who are Deaf or Hard of Hearing
A Ft. Lauderdale and Los Angeles hotel will provide special phones, flashing smoke and fire alarms and television decoders for closed captioning for guests who are deaf or hard of hearing, under agreements reached this July with the Justice Department.

These settlements resolve a complaint filed under the Americans with Disabilities Act (ADA). The agreements set forth the steps the hotels will take to comply with the law, including providing closed captioning television decoders, telecommunications devices for the deaf (TTY's), and other services.

DOJ and Detroit Lions Reach Seating Agreement
Under an agreement reached July 30, 1997, with the Justice Department, the Detroit Lions will no longer require proof of disability for the purchase of wheelchair seating and will provide $75,000 in compensation to a group of young athletes with disabilities whose civil rights were allegedly violated when they tried to attend a Lions football game.

This agreement, reached under the Americans with Disabilities Act (ADA), resolves a complaint filed by the parents of children belonging to the Tri­City Seals Disabled Sports Team in the Detroit area, which consists of approximately 50 athletes with a variety of disabilities, most of whom are children. The complaint alleged that in September, 1994, the Detroit Lions violated the ADA by charging full price to team members in wheelchairs instead of allowing them to use special $1 tickets they had won through a Lions lottery. The team members were ultimately accommodated.

According to the complaint, when the Detroit Lions organization learned that the children required wheelchair seating locations, the Lions sought to charge those using wheelchairs full price for the seats. The wheelchair locations were apart from the other seats and the children were unable to sit with teammates who did not use wheelchairs.  After extensive discussions between parents and the team, the Lions ultimately accommodated the needs of the children, charged them $1, and seated them with their teammates.  A subsequent investigation by the Justice Department determined that the Lions required proof of disability for the purchase of wheelchair seating, in violation of the law.

Under the agreement, the Lions will no longer require such proof and will train their staff about the new policy. The Lions have also agreed to provide the children's team with more than $75,000 in goods and services, including 2,000 tickets to a pre­season game, valued at $70,000. They also will offer the Tri­City Seals team official NFL clothing, autographed NFL paraphenalia, and visits to the Lions' locker room and training camp. The tickets will be sold at a fund­raiser benefiting the Tri­City Seals team.
The Justice Department has entered separate agreements to make ticketing policy of other sports teams comply with the ADA, including the San Francisco Forty­Niners and the San Francisco Giants. The Department also has provided training to Major League Baseball stadium managers, through the Office of the Commissioner of Major League Baseball, on a variety of issues, including ticketing policies.

Friendly's to Make Restaurants Accessible
The Friendly Ice Cream Corporation, one of the nation's largest family restaurant chains, will make its 704 restaurants more accessible to diners with disabilities under a settlement reached with the Justice Department this past May.

Under the agreement, Friendly's will embark on a six­year program to make the chain of 704 restaurants more accessible to individuals with disabilities. In the first year of the program, Friendly's will alter the entrances at 93 restaurants ­ removing steps, widening doorways, and redesigning vestibules ­ to eliminate barriers to wheelchair access. This settlement affects more restaurants than any other agreement the Justice Department has ever reached under the ADA.

ATBCB Update

Access Board Establishes Reg Neg Committee for Outdoor Developed Area
On June 4, the Architectural and Transportation Barriers Compliance Board (Access Board) announced its decision to establish a regulatory negotiation committee to develop a proposed rule on accessibility guidelines for newly constructed and altered outdoor developed areas covered by the Americans with Disabilities Act and the Architectural Barriers Act. The regulatory negotiation committee will be comprised of organizations who represent the interests affected by the accessibility guidelines for outdoor developed areas. The first meeting of the regulatory negotiation committee was scheduled for June 26 and 27, 1997 at the offices of the Paralyzed Veterans of America in Washington, D.C.
For further information about the committee, contact: Peggy Greenwell, Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., Suite 1000, Washington, DC, 20004­1111. Telephone number (202) 272­5434 extension 34 (Voice); (202) 272­5449 (TTY).
Source: Access Board

Proposed Rule on Play Facilities Approved by the Board
The Access Board approved, without changes, the proposed rule presented by the Play Facilities Regulatory Negotiation Committee on Wednesday, July 9. The Board hopes to send the proposed guidelines to the Office of Management and Budget for review within the month. Following what could be up to a 90­day review, the Board will issue a notice of proposed rulemaking (NPRM) in the Federal Register. A public comment period of 90 days will follow publication of the NPRM.

Children's Elements: Board Approves Final Rule
On Wednesday, July 9, the Access Board voted to approve a final rule on accessible elements designed and constructed primarily for use by children. As a next step, the approved final rule must go to the Office of Management and Budget (OMB) for a review. OMB has up to 90 days to complete this review and request changes to the final rule.
There is at least one striking difference between the proposed rule (published on July 22, 1996) and the final rule as it currently stands. Most noticeably, the final rule deals with elements designed primarily for use by children, whereas the proposed rule dealt with facilities designed primarily for use by children.

This change was made to clarify when and where the provisions of this rule apply. It also provides designers with greater flexibility in designing with children's sizes and capabilities in mind in facilities that are used by both children and adults, such as shopping malls, museums, or restaurants. The final rule will allow exceptions for the mounting height of some elements-such as water closets, sinks, lavatories, or grab bars-that a designer may choose to provide at lower heights to accommodate children's needs.

The Board anticipates publishing the final rule by the end of September 1997. Copies of the final rule will be available free from the Access Board. To place an advance order, call the Access Board's publications line at (800) 872­2253 (option 1) and request publication number S­30, Children's Elements Final Rule. TTY: (800) 993­2253. You may also send an e­mail request to: pubs@access­board.gov.

ADA Resources

The Great Lakes DBTAC does not review the materials in the ADA Resources section for their accuracy. This portion of the newsletter contains new products or services that have been called to our attention. Their inclusion should not be construed as an endorsement.


ADA Compliance Guidebook: A Checklist for Your Building

Published by: BOMA ,Price: $50 list/$30 members Pages: 88.  This book provides guidance on ensuring your facility meets the ADA Title III requirements. The checklist sections for both public accommodations and commercial facilities help track compliance efforts. For more information, contact BOMA at 800­426­6292.

The ADA Answer Book: Answers to the 146 Most Critical Questions About the Americans with Disabilties Act, Title III

Published by: BOMA Price: $60 list/$35 members Pages: 82.  This guide provides BOMA's answers to the most critical and most frequently asked questions about Title III of the ADA. Explains issues addressed in DOJ letters of interpretation, rulings and Access Board technical stipulations. For more information, contact BOMA at 800­426­6292.

ADA Self­study by the AIA

Published by: AIA Price: $142.  This guide offers a question and answer approach complete with explanations covering the ADA and its implications for design professionals. This package also highlights ADA terminology, concepts and links to World Wide Web sites. For more information, contact the AIA at 202­626­7465

The Americans with Disabilities Act: A Practical Guide to its Understanding and Cost­Effective Implementation

Published by: American Society of Interior Designers Price: $195 for ASID members ­ 30 day free trial.  A complete home study program, with an 800 number for questions. This comes with an ADA Modifications Costing Workbook which details the costs of modifications and includes a detailed accessibility evaluation survey form. For more information, call 800­932­0191.

Common ADA Errors and Omissions in New Construction and Alterations

Published by: U. S. Department of Justice Pages: 13.  This document lists a sampling of common accessibility errors or omissions that have been identified by the U. S. Department of Justice. For a copy, contact GLDBTAC at 800­949­4232 v/tty or the Department of Justice at 800­514­0301.

The Fair Housing Act Design Manual

Published by: U.S. Department of Housing and Urban Development Price: $10.  The Fair Housing Act Design Manual takes you through all seven federally­mandated accessibility design and construction requirements for multifamily housing. For more information, call the Fair Housing Information Clearinghouse at 800­343­3442.

Program Accessibility Fact Sheet

Published by: U. S. Department of Justice Pages: 2.  This fact sheet provides examples and information on the Title II requirement for Program Accessibility. For a copy, contact GLDBTAC at 800­949­4232 v/tty or the Department of Justice at 800­514­0301.

Supported Employment Handbook: A Customer­Driven Approach for Persons with Significant Disabilities

Published by: Virginia Commonwealth University RRTC Price: $21.95 Pages: 246.  This guide was designed as a contemporary training resource on implementing supported employment using a customer­driven approach. For more information, call 804­828­1851 or 804­828­2193 TTY.

The Americans with Disabilities Act Title III: Public Accommodations and Commercial Facilities Video

Producer: BOMA Formats: Closed Captioned Length: 60 min. Price: $52 list/ $38 members.  This video provides an overview of the scope, implications and impact of the ADA on building owners and managers, architects and engineers, consultants and many others in the building industry. For more information, contact BOMA at 800­426­6292.

Video Series on the ADA Standards for Accessible Design

Producer: The Center for Universal Design Formats: Open and Closed Captioning.  Length: @15­20 min each Price: $20 each ($150 set) for Non­Profit groups ­ $35 each ($260 set) for Businesses.  This nine video series combines live footage with detailed computer­generated illustrations to explain how people with disabilities use the built environment and how the Standards provide a framework to design for accessibility. For more information, contact The Center for Universal Design at 800­647­6777.

ADAHelp 4.0

Developer: Keley Computer Software Format: 3.5 IBM ­ Win 3.1, Win 95, or Win NT Price: $142.  This Windows program guides you through over 700 pages of the ADA Handbook. It also contains both text and graphics for Titles I, II, and III, the ADAAG, Public Law 101­336, and the Technical Assistance Manuals for Titles II and III. For more information, contact AIA at 202­626­7465.

BOMA ADA Compliance System

Developer: BOMA Formats: 5.25 IBM, 3.5 IBM, 3.5 MAC Price: Demo Disk ­ $25.  Versions available for single building owner or manager or for architects, engineers and consultants. These "Systems" perform and document surveys and reinspections for any number of facilities or buildings. Special features allow you to assign priority codes and cost estimates to each compliance element. For more information, contact BOMA at 800­426­6292.

State Steering Committee Update

Great Lakes ADA Center and Steering Committees Team Up to Provide Advanced Title I Trainings
The Great Lakes ADA Center will be working with each of the Steering Committees throughout Region V to provide an advanced training on Title I of the ADA. Within each of these states, GLDBTAC has established a steering committee that is comprised of representatives from the business community, disability community and state/local government entities. These committees are funded by GLDBTAC to identify local needs within their state and address them.  This Title I training program is designed to meet the needs of an audience that has a solid understanding of the employment provisions of the ADA. The tools used in these trainings were developed by the Training Division of the U.S. Equal Employment Opportunity Commission (EEOC).  Topics addressed will include: · Definition of Disability/Regarded As; Determination of Essential Functions; Reasonable Accommodation and Undue Hardship; Disability­Related Questions and Medical Examinations; Direct Threat; Definition of Disability/Mental Impairment.  This training is based on actual ADA cases received and litigated by the EEOC since 1992. The format for the training is based on utilization of case studies for small and large group discussion. The dates and contact people for the trainings are as follows:

Illinois

Contact: Barb Uniek ­ Great Lakes ADA Center 800­949­4232 v/tty.  Dates: TBA.  Location: TBA.


Indiana

Contact: Dawn at 812­855­6508 or 812­855­9396 tty.  Dates: August 25­26, 1997.  Location: Indiana Government Center ­ Downtown Indianapolis, IN.

Michigan

Contact: Tom Masseau ­ MI Protection & Advocacy 800­288­5923 v/tty.  Dates: September 4­5, 1997 & November 3­4, 1997.  Location: Holiday Inn, Farminton Hills, MI & Lansing, MI.

Minnesota

Contact: Dave Larson ­ Metro CIL.  612­603­2015 v/tty.  Dates: September 8­9, 1997 Location: Ramada Plaza Hotel in West Minneapolis, MN.

Ohio

Contact: Jerry Droll ­ ADA OHIO.  800­ADA­OHIO.  Dates: TBA.  Location: TBA.

Wisconsin

Contact: Jerry Vogt ­ Wisconsin ADA Partnership. 608­261­6311.  Dates: September 29­30, 1997.  Location: Wausau, WI

FYI

President's Committee Awards New JAN Grant

On June 1, 1997, West Virginia University Research Corporation (WVURC) was awarded a five­year grant, renewable annually, to operate the Job Accommodation Network (JAN) for the President's Committee. The grant award for the first year is $897,000. JAN, a toll­free service of the President's Committee, provides technical assistance to employers and employees with disabilities on making job accommodations at the workplace. JAN also provides information on the employment provisions of the ADA.

In addition to answering the toll­free calls, the new grant calls for the development of a searchable electronic database of disability­specific accommodations. JAN operates from 8:00 a.m. to 8:00 p.m., Monday through Thursday, and has expanded its hours from 8:00 a.m. to 7:00 p.m. on Friday (EST). JAN can be contacted at 1­800­526­7234 or 1­800­ADA­WORK.

TTY Capable Auto Attendant/Voice Processing System

HITEC Group International and the Ameritech Special Needs Center are offering an affordable and fully capable auto attendant/voice mail system with full support for TTY callers. PerfectVoice+TTY provides an in­bound TTY caller the same capabilities as a hearing caller to navigate through menus to reach the desired person, leave a message, or retrieve available audio­text information. Instead of hearing a voice delivery of a message, the TTY caller will receive the same output as a baudot data stream via their TTY. For information on PerfectVoice+TTY, contact HITEC at 630­654­9200 or via the internet at http://www.hitec.com.

DREDF Moves

The Disability Rights Education and Defense Fund, Inc. has moved their office to 1629 K Street NW, Suite 802, Washington, D.C. 20006, 202­986­0375, fax 202­775­7465, email pwright@dredf.org.

NHTSA Seeks Feedback From Disabled Auto Users

The National Highway Safety Administration is responsible for issuing safety standards for vehicles and automotive equipment. The NHTSA is now in the process of gathering feedback concerning passenger vehicles that have been adapted for use by persons with disabilties. If you use such a vehicle, as a driver or as a passenger, they are interested in your opinions. Visit their website at http://www.nhtsa.dot.gov/feedback/ and select the Adaptive Equipment Questionnaire. This will take some time, but the information will be kept confidential and will help them serve you better.

Pacer Center Launches New Web Resources for Families

PACER Center, a nonprofit organization for parents of children and young adults with disabilities, has added a new feature to its web site. Families and friends can now use the site to share strategies for helping people with disabilities find, keep, or improve employment. The new resource can be found in the Employment Strategies section of the site at www.pacer.org. This site contains more than 250 individual documents, including articles, resource directories, legislative updates, and information on PACER projects and events.

Project ABLE Resume Bank

Project ABLE is a national resume bank which provides employers an easily­accessible applicant pool of qualified job­ready individuals who are ready, willing, and very interested in working. The resume bank operates though the joint efforts of State Vocational Rehabilitation (VR) agencies, Rehabilitation Services Administration, Office of Personnel Management (OPM), Social Security Administration (SSA) and Veterans Affairs (VA). The goal is to provide employers convenient access to quality human resources while providing training and employment services to eligible people with disabilities.

Social Security beneficiaries who wish to enroll should contact their local VR or VA agency. Counselors will assess them to determine if they are ready for employment. Employers can access Project ABLE by calling them at (757) 441­3369 or 3362 or EMAIL them at projable@opm.gov.

Cleveland Construction Expo
Showcasing the latest in Commercial & Industrial Construction Products and Services.  January 21& 22, 1998.  Cleveland Convention Center

Other Construction Expos:
Cincinnati, OH ­ December 3 & 4, 1997

Buffalo, NY ­ February 11 & 12, 1998

Indianapolis, IN ­ March 11 & 12, 1998

Call Jim Klaserner at 513­528­1550 for further information.  Be sure to ask about complimentary admission!

Upcoming Events

Retrofitting for Accessibility

Dates: October 6­8, 1997 Location: NCA, Bradford Woods, Martinsville, Indiana.  Presented by: National Center on Accessibility Price: $300 ($100 for prerequisite course).  Retrofitting for Accessibility is designed to educate maintenance professionals, facility managers, site access coordinators, and planners on the barriers that can be eliminated to promote full access to recreational facilities for people with disabilities. Individuals involved in the retrofit review and approval process will also benefit from the course. Emphasis will include application of accessibility standards, safety issues associated with accessibility and ongoing facility maintenance required to assure access. Participants will learn how to identify barriers and initiate appropriate solutions for facility renovations beneficial to user groups of all abilities. There is a prerequisite course on disability awareness on October 6. For more information, call NCA at 800­424­1877 v/tty.

Tash Conference ­ "We the People, ALL the People"

Dates: December 10­13, 1997 Location: Sheraton Boston, MA.  Presented by: TASH Price: $169 ­ general member.  This conference will provide over 400 sessions and special events including pre­conference full day workshops, exhibits, media festival, job fair, child care/youth activities, and information specific to disability­related issues. The keynote speakers include David Hingsburger, Shafik Asante, Joyce Buell and Reed Martin. For more information, check out their website at http://www.tash.org or call them at 800­482­TASH.

Universal Design Course

Dates: December 8­12, 1997 Location: New Orleans.  Presented by: National Center on Accessibility Price: $600.  Universal Design: Methods to Include the Widest Spectrum of Users, People with Disabilities and Older Adults in Parks, Recreation, and Interpretive Environments is ideal for designers, architects, engineers, interpretive specialists, curators and exhibit planners from park, recreation, museum, outdoor education and historic environments. General sessions will lead participants through the needs of people with disabilities and the principles of Universal Design. Participants will have a choice of attending: an Architectural Track concentrating on interior and outdoor environment design; or an Interpretive Track focusing on access to interpretive environments including exhibits, audio visuals, published materials and communications. For additional information, call NCA at 800­424­1877 v/tty.

Universal Trail Assessment Process

Dates: October 9­10 Location: NCA, Bradford Woods, Martinsville, Indiana.  Presented by: National Center on Accessibility Price: $125.  The Universal Trail Assessment Process (UTAP), developed by Beneficial Designs, collects and formats data on trail conditions so that potential users can make informed decisions as to whether a particular trail is appropriate to their individual desire for challenge. UTAP has been adopted by several land management agencies as the preferred method for mapping trails. For more information, contact NCA at 800­424­1877.