- "Stadium-style" movie theaters must provide comparable sight lines
Nearly 1,700 Wendy’s restaurants will become more accessible to their customers with disabilities, under an agreement reached with the US Department of Justice and nine State Attorneys General. The out-of-court agreement stems from a joint nationwide investigation of the restaurant chain by DOJ and nine states—the first time DOJ has teamed up with states to launch an investigation under the Americans with Disabilities Act.
Under the agreement, Wendy’s International, Inc. will either widen the queue system in which customers wait to order food, or remove them to accommodate customers who use wheelchairs. Prior to the agreement, customers who use wheelchairs had to cut to the front of the line or stand outside the customer queue and wait to be recognized by a restaurant employee.
The agreement resolves a two-year investigation into access issues at Wendy’s restaurants by DOJ and Attorneys General from Arizona, California, Florida, Illinois, Kansas, Massachusetts, Minnesota, Pennsylvania and West Virginia.
Under the agreement, the Ohio-based chain has agreed to:
Last July, Sally Richardson, Director of the Center for Medicaid and State Operations, under the US Department of Health and Human Services, issued a letter to state Medicaid Directors reiterating responsibility under Title 2 of the ADA. Richardson points to three recent Medicaid cases (L.C. & E.W. v. Olmstead; Helen L. v. DiSario; and Easley v. Snider) where circuit courts of appeals upheld decisions for placement in integrated community programs as opposed to segregated environments. Lastly, Richardson directs any State Medicaid program that has not fully completed its self-evaluation process, to do so now, in conjunction with the disability community to ensure they meet the requirements of the ADA. To contact your State Medicaid office:
Illinois
George Hovanec, Admin Medical Op.
Department of Public Aid
20l South Grand Avenue, East 3rd Floor
Springfield, IL 62763-0001
(2l7) 782-2570 Fax (217) 782-5672
Indiana
Kathleen D. Gifford, Assist. Secretary
Family & Social Services Administration
402 W. Washington Street Room W382
Indianapolis, IN 46204-2739
(317) 233-4455 Fax (317) 232-7382
Michigan
Robert M. Smedes, CEO
Medical Services Administration
Dept of Community Health
400 S. Pine St.
Lansing, MI 48909
(517) 335-5001 Fax (517) 335-5007
Minnesota
Mary B. Kennedy, Assist. Commissioner
Minnesota Dept of Human Services
444 Lafayette Road
St. Paul, MN 55l55-3852
(651) 282-9921 Fax (651) 297-3230
Ohio
Barbara Edwards, Acting Deputy Dir.
Office of Medicaid, Dept of Human Services
30 East Broad Street 31st Floor
Columbus, OH 43266-0423
(614) 644-0140 Fax (614) 752-3986
Wisconsin
Peggy Bartels, Director
Division of Health
Dept of Health and Social Services
One West Wilson Street, Room 250
Madison, WI 53701
(608) 266-2522 Fax (608) 266-1096
The Supreme Court has agreed to hear the L.C. & E.W. vs. Olmstead case in the spring. L.C. and E.W. are two Georgia citizens formerly housed in a psychiatric hospital. Similar to the Helen L. case, their lawsuit contends that under the ADA, their cares should be provided "in the most integrated setting appropriate" to their needs. Last April, the 11th U.S. Circuit Court of Appeals ruled that Georgia cannot escape its ADA responsibilities just because it may have to spend more money to do so.
The Supreme Court declined to hear the Helen L case earlier. However, it has taken this case as 22 states filed a friend-of-the-court brief stating if the appeals court’s rationale were used elsewhere, any state would be target of such lawsuit. Additionally, the brief contends the ADA does not apply to services like long-term care.
Source: Associated Press and Justice For All
School bus drivers in Arizona and North Carolina will no longer face discrimination in hiring or risk being fired just because they use insulin to control diabetes. Two out-of-court agreements with the US Department of Justice settled complaints that school districts in the two states fired diabetic school bus drivers with accident-free driving records. Under the two state laws, persons with diabetes who use insulin were barred from operating a school bus. The Arizona Dept of Transportation and the North Carolina Division of Motor Vehicles applied their laws without regard to whether a person’s condition actually prevented them from safely operating a vehicle. Under both agreements, the States will stop the practice of automatically barring individuals who use insulin to control their diabetes from operating a school bus. North Carolina will enact new regulations. Consistent with the ADA’s requirements, the States will rigorously assess people with diabetes who use insulin on an individual basis to see if the person’s diabetes can be controlled and monitored. Drivers who are deemed eligible to operate a school bus also will be subject to stringent self-monitoring to ensure continued safety. Under the agreements, the Arizona complainant will receive $10,000 and the North Carolina complainant $9,000. For several years, the two individuals had operated school buses for local school districts safely and without any health-related incidents. They ultimately were terminated by their school districts because of their insulin. The Yuma, Arizona Elementary School District No. 1 has agreed to reinstate one person to her school bus driver position.
Source: DOJ
United States v. A.B.C. Nursery, Inc.—The U.S. Attorney for the Western District of Wisconsin entered into a consent decree resolving a lawsuit filed against ABC Nursery, Inc., in Beloit, Wisconsin, for allegedly refusing to admit a three-year-old boy because he had tested positive for HIV. Earlier in 1998, consent decrees were filed against two other Beloit child care centers, resolving similar allegations of discrimination against the same child. All three centers have agreed that a child with HIV infection is disabled under the ADA and that such a child cannot be refused admission to child care programs because of his or her HIV-positive status. The three centers agreed to sponsor, with the participation of the US Attorney’s Office, an informational meeting in Beloit for interested child care providers, parents, and staff to discuss the ADA and HIV.
Source: DOJ
The U.S. District Court for the Western District of Texas ruled in Lara v. Cinemark, USA, Inc. that seating for wheelchair users in newly constructed, "stadium-style" movie theaters must provide lines of sight that are at least similar to those of the average patron and cannot be limited to the worst seats in the house. In stadium-style theaters, wheelchair seating is often placed in rows at the front of the theater directly below the screen, while seating for most of the general public is placed on risers in the stadium portion of the theater. The result is that the public is provided enhanced sight lines and comfort, while wheelchair users are relegated to some of the worst seating in the theater. In Lara, the DOJ filed an amicus brief on behalf of a group of individuals with disabilities who claim that Cinemark USA violated the ADA in the design and construction of a 20-screen, stadium-style theater complex in El Paso, Texas. The court agreed with DOJ that the El Paso complex violates the ADA’s requirement for comparable lines of sight. No decision has been made yet on what remedies are appropriate.
Source: DOJ
In addition to "stadium-style" seating design being an issue in movie theaters, it can also pose issues in sports venues. Consider in sports venues where the nature of the activity during the event encourages spectators to stand and cheer on their team. Seating design that doesn’t account for spectator activity increases the potential for obstructed lines of sight especially amongst wheelchair users. This issue has been highlighted in recent years with the design of the Olympic Stadium in Atlanta and case of Ellerbe Beckett. In 1998, DOJ updated its guidance on accessible stadiums, illustrating the following:
The complete Accessible Stadiums document can be downloaded at www.usdoj.gov\crt\ada\stadium.txt or stadium.pdf or call the Great Lakes ADA Center at (800) 949-4232 (V/TTY) to order a copy.
GLDBTAC initiates distance learning program
Embracing the need for continuing education on emerging ADA issues and the
constrictions of time, travel, and funding to attend training events, the
Great Lakes ADA Center is introducing a new distance learning program in
1999. A series of continuing education sessions will be offered using
distance bridging technologies such as teleconferencing, video
conferencing and the Internet. Some upcoming sessions will address:
Accessing DOJ’s Mediation Program, Status of Rulemaking, New Regulations
for Over-the-Road Buses. For more information and the program calendar,
visit the Great Lakes website at www.gldbtac.org.
Assistive Technology in the Heartland Conference & Expo
April 25-28, Indianapolis
Sponsored by Breaking New Ground and ATTAIN. This conference will feature
assistive technology training for persons with disabilities and their
families, care providers, vocational rehabilitation counselors,
rehabilitation engineers, OT’s, PT’s, independent living center staff
and other professionals. Session tracks include emphasis on school, work,
home and play. For more information call (800) 825-4264 or visit the
conference web site at http://abe.www.ecn.purdue.edu/ABE/Extension/BNG/ATheart.html
Illinois Coalition of Citizens with Disabilities Conference
April 26-28, Springfield, Illinois
(800) 433-8848
6th Annual Conference on Children & Adolescents with Autism
Spectrum Disorders
April 28-30, Southgate, Michigan
Sponsored by Henry Ford Hospital, (313) 916-4607 or www.hfhspeech.com.
*The Great Lakes DBTAC does not review the featured materials 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.
Subscribe to the Great Lakes listserv
The Great Lakes ADA Center moderates an electronic listserv
posting current trends under the ADA, documents, products and upcoming
events. To subscribe to the Great Lakes listserv send e-mail to listserv@listserv.uic.edu.
In the body of the message, include: subscribe greatlakes FirstName
LastName. For more information, call the Center at (800) 949-4232 (V/TTY).
Hot Metal Pro 4.0*
Hot Metal Pro 4.0 is software that incorporates a mechanism allowing web
page authors to check the accessibility of web pages they have designed.
The American Foundation for the Blind recently presented a 1998 Access
Award to the developer, SoftQuad, Inc. for taking this step toward making
the World Wide Web more accessible to people who are blind or visually
impaired. For more information call (800) 387-2777 or visit the web at
www.softquad.com/products/hotmetal.
Call for Universal Design Exemplars
The Center for Universal Design is inviting professionals in Industrial
Design, Interior Design, Architecture, Landscape Architecture,
Communication Systems, and Graphic Design to submit images that show
excellent examples of universal design. Up to 50 projects that demonstrate
universal design excellence from across the design disciplines will be
included in a CD ROM of Universal Design Exemplars. The CD
collection, to be shared internationally with designers, design educators
and their students, and those who influence or commission design
development and production, will raise the knowledge level of this
important design concept as we move into the 21st Century. For an
application, contact the Center for Universal Design at (800) 647-6777 or
download the application at www.design.ncsu.edu/cud.