Disability Rights online News: Issue 14

TestMasters, one of the largest nationwide providers of

preparatory courses for the Law School Admissions Test (LSAT)

and other secondary and post-secondary admissions tests, has

agreed to provide effective communication for people with

disabilities. On June 7, 2006, the Department filed a complaint

and proposed consent order in federal court in Los Angeles

alleging that TestMasters had violated the ADA by refusing

to provide auxiliary aids and services to a deaf student who

registered for its LSAT review course. The consent order was

signed and entered on June 21, 2006.

The decree resolves a complaint filed by the student whose

request for a sign language interpreter was denied. TestMasters

offered to allow the student to bring his own sign language

On June 29, 2006, the federal court in Philadelphia signed

a consent decree resolving the Department’s lawsuit against

Bern Township, Pennsylvania, alleging that the Township had

violated title I of the ADA by refusing to allow an employee

to return to work following a stroke and by refusing to discuss

or consider a reasonable accommodation for him. This case

involved Marvin Gilmer, a 27-year veteran of the Township’s

road crew. After a stroke that substantially limited his ability

to perform manual tasks, care for himself, talk, and work, Mr.

Gilmer underwent therapy and eventually regained most of

his strength and ability to talk. However, citing a provision

in its collective bargaining agreement, the Township refused

TESTMASTERS AGREES TO PROVIDE

SIGN LANGUAGE INTERPRETERS

AND OTHER SERVICES WHEN NEEDED

PENNSYLVANIA TOWN

REVISES ITS RETURN-TO-WORK POLICY

(Continued on Page 2)

Disability Rights

News

online

Disability Rights

Online News

is a bi-monthly update about

the Civil Rights Division’s

activit i e s in t h e a rea o f

disability rights. The Division

enforces laws prohibiting

d i s c r i m i n a t i o n base d o n

disability in employment,

housing, access to businesses

serving the public, access to

government programs and

services, including voting

and public transportation, and

unconstitutional conditions in

institutions of confinement.

In this Issue:

ADA ............................... 1 - 5

Fair Housing ................... 6 - 7

Rights of

Institutionalized Persons ..7 - 8

ADA Mediation ............ 8 - 10

ADA Outreach ........... 11 - 12

U.S. Department of Justice

Civil Rights Division

August 2006

Issue Fourteen

to allow him to return to work without a full release from his

physician. Eventually, the Township terminated Mr. Gilmer

rather than provide a reasonable accommodation that would

have enabled him to return to work.

Under the decree, Bern Township paid Mr. Gilmer $75,000

in back pay and compensatory damages, abandoned its practice

of requiring employees returning from sick leave to provide a

full release from a doctor, and created a reasonable accom-

modation policy.

On June 8, 2006, at the court’s request, the Department filed

a brief as amicus curiae in a private case pending in federal

court in Los Angeles. The central issue in Miller v. The Cali-

fornia Speedway Corp. is whether, under section 4.33.3 of the

Department’s ADA Standards for Accessible Design, patrons

who use wheelchairs must be provided with unobstructed lines

of sight over standing spectators in order to see the NASCAR

races and other motor sports events held at the racetrack.

In a series of cases in the late 1990s, the Department took

the position that section 4.33.3’s “lines of sight comparable”

language mandates that public accommodations provide patrons

who use wheelchairs with comparable lines of sight over

standing spectators at facilities where spectators can be expected

to stand during games or events. The Miller case is the first case

since that time in which the Department has had an opportunity

to reaffirm its position.

inter p reter to the c lasses

without charging the student

for an extra seat in the classes,

but refused to provide a sign

language interpreter or other

auxiliary aids and services at its

own expense. After the student

referred Testmasters to DOJ

technical assistance materials

explaining the company’s

obligations under the ADA,

Testmasters cancelled his

registration for the review class

and refunded his money.

T h e d e c r e e r e q u i r e s

TestMasters to (1) admit the

complainant into the LSAT pre-

paratory course of his choosing

free of charge and provide sign

language interpreters and note-

takers at TestMasters’ expense;

(2) adopt, implement, and post

a policy of nondiscrimination;

(3) establish a procedure for

students to request accommo-

dations; (4) train its employees

annually on their obligations

under title III of the ADA;

and (5) pay the complainant

$20,000 in monetary damages

and the United States $10,000

in civil penalties.

“We commend TestMasters

for taking steps to ensure that

people who are deaf or hard of

hearing have the same oppor-

tunity as others to gain admis-

sion to colleges and graduate

schools,” said Wan J. Kim,

Assistant Attorney General for

the Civil Rights Division.

Figure Showing Comparable Line of Sight for Wheelchair Seating Location

DEPARTMENT REITERATES

ITS POSITION ON LINE-OF-SIGHT

OVER STANDING SPECTATORS

Page 2

Disability Rights Online News

(TestMasters, continued)

(Pennsylvania Town, continued)

The Department has been investigating allegations that PONY

Baseball, Inc. (PONY), a youth baseball league in Hilo, Hawaii, has

violated the ADA by refusing to allow the father of a player who is

deaf to provide sign language interpreting for his son during tourna-

ment games. PONY’s rules limit the number of coaches in the game

and the league has ruled that the father, who is only providing sign

language interpreting, must be included in the total number of coaches

for his son’s team.

Settlement negotiations focused initially on a state tournament

scheduled to begin June 30, 2006. On June 20, 2006, PONY signed

a letter agreement permitting one of the player’s parents to interpret

during that tournament. Negotiations are continuing with PONY on

remaining settlement terms.

The law office of Cohen

and Jaffe, LLC, in New York

entered into a settlement agree-

ment with the Department on

July 3, 2006, resolving a com-

plaint that the firm had failed

to provide a qualified sign

language interpreter for a client

who is deaf as she prepared

for deposition testimony and

for other settlement and legal

discussions. The firm used the

complainant’s mother, who is

not a qualified interpreter, to

interpret for her daughter, in

violation of the requirements

of the ADA.

Under the terms of the

agreement, the law firm agreed

to provide qualified sign

language interpreters for clients

who are deaf, to post a notice

in their offices prominently

stating their responsibilities

under the ADA, to not pass

along the costs of appropriate

auxiliary aids and services to

clients with disabilities, and to

compensate the complainant

$7,000.

CHAIN OF MINNESOTA GAS STATIONS

AND CONVENIENCE STORES

WILL ELIMINATE ACCESS BARRIERS

The Twin Cities Avanti Stores, LLC, of Minneapolis, doing

business as Oasis Markets, entered into a settlement agreement

with the Department on July 10, 2006, resolving a complaint

filed by a local independent living center charging that Oasis

Market convenience stores and gas stations were not acces-

sible to people with disabilities, including people who use

wheelchairs.

Under the terms of the agreement, barriers in 22 gas station

and convenience stores in Minnesota will be removed. Within

one year, all parking and external store access remodeling will

be completed; within two years all store counters and internal

store access remodeling will be completed; and within four

years all bathrooms will be remodeled in accordance with the

ADA Standards for Accessible Design. In addition, employees

of Oasis Markets will be trained to provide refueling assis-

tance to people with disabilities who request such assistance

as required by the ADA.

YOUTH BASEBALL LEAGUE ALLOWS

PARENT TO PROVIDE SIGN LANGUAGE

INTERPRETING FOR DEAF SON

LAW OFFICE WILL

PROVIDE SIGN

LANGUAGE

INTERPRETERS

AS NEEDED

Page 3

Disability Rights Online News

The City of Milwaukee, the County of Milwaukee, and a

Milwaukee Business Improvement District (BID) entered

into a settlement agreement with the Department on July 11,

2006, resolving access concerns at the Milwaukee Riverwalk,

a public walkway along the Milwaukee River which was de-

veloped by the City of Milwaukee and local property owners,

acting through the BID.

Under the agreement, the City, County, and BID have agreed

to: 1) construct and install ramps, walkways, or lifts in several

locations to ensure that the Riverwalk is readily accessible to

and usable by people with mobility disabilities; 2) modify,

Did you know...

Th e A DA Techn ic al

Assistance CD-ROM

contains a complete

c o l l e c t i o n o f t h e

De p a rtm e nt ’s ADA

r e g u l a t i o n s a n d

technical assistance

publications. The CD-

ROM can be ordered

from the ADA website

at www.ada.gov or the

ADA Information Line

at 800-514-0301 (voice)

or 800-514-0383 (TTY).

replace, or install handrails

in appropriate locations; 3)

modify built up curb ramps

by grinding down the surface

in two locations; 4) construct

an accessible walkway from a

parking lot to an existing ac-

cessible ramp; and 5) remove

existing ramps and install new

gangways to floating docks in

three locations.

Because a small part of

the Riverwalk is located in a

different Business Improve-

ment District, the BID for

that area has also agreed to

install continuous handrails

along the sloped walkway to

the Riverwalk located in its

territory.

TWO RESTAURANTS AGREE

WELCOME SERVICE ANIMALS

The owner of the Kentucky Fried Chicken (KFC) restaurant

in Dayton, Tennessee, signed a settlement agreement with the

Department on May 11, 2006, resolving a complaint by a woman

who is legally blind who alleged that KFC staff had told her

repeatedly to leave the premises because she was accompanied

by a service animal. KFC agreed to adopt, maintain, and

enforce a policy on the treatment of customers using service

animals, to provide a copy of the policy to all employees, to

provide training on the policy to all current employees, and to

incorporate this training into its regular training programs and

repeat it for new KFC employees. In addition, KFC posted

a sign on its entry door that reads “KFC Always Welcomes

Customers with Service Animals” and provided the complainant

$5,000 in compensation.

In Newport News, Virginia, the owner of the Historic Hilton

Village Parlor Restaurant signed a settlement agreement with

the Department on June 1, 2006, resolving a complaint that the

restaurant had refused to allow the complainant’s service animal

in the restaurant. As part of the agreement, the owner has now

posted a sign on the front door of her restaurant welcoming

customers with service animals and has agreed to adopt and

distribute to all restaurant employees a new policy regarding

service animals for customers with disabilities, which is an

attachment to the settlement agreement.

MILWAUKEE RIVERWALK

WILL BE MADE ACCESSIBLE

Page 4

Disability Rights Online News

The most frequent complaint the Department

receives against hospitals under the ADA is the

failure to provide appropriate aids and services

needed to communicate effectively with people

who use sign language as their primary means

of communication. The following cases are the

Department’s most recent activities to address this

problem.

Laurel Regional Hospital in Laurel, Maryland,

signed a consent decree on July 14, 2006, with

the Department and private plaintiffs resolving a

case involving seven people who alleged that the

hospital had failed to provide them with appro-

priate auxiliary aids or services to ensure effec-

tive communication with them in the emergency

department or during their hospitalizations. This

case is different from other hospital cases the

Department has participated in previously; in this

case, the hospital already had the capability of pro-

viding sign language interpreters through a video

interpreting service, but when the individuals

asked for interpreting services, the hospital either

used those services ineffectively or used ineffec-

tive or inappropriate alternatives such as paper

and pen, lipreading, gesturing, or family members

or companions to communicate. The hospital

has now installed an enhanced video interpreting

system that meets performance standards set forth

in the decree.

The South Florida Baptist Hospital in Plant

City, Florida, signed an agreement on May 5,

2006, resolving two complaints. One involved a

man who alleged that the hospital failed to provide

a sign language interpreter prior to his surgery or

for post-surgical wound care instructions. The

second involved the daughter of the patient who

alleged that she was forced into the role of sign

language interpreter to facilitate communication

between her father and the Hospital’s medical

personnel. The hospital has agreed to establish

a program to provide appropriate auxiliary aids

and services, including sign language interpreters,

when needed and to provide visual alarms, cap-

tioning and decoders for televisions, and TTYs in

patient rooms and all public areas of the hospital.

The McLeod Regional Medical Center in

Florence, South Carolina, signed an agreement on

July 10, 2006, resolving three complaints against

the hospital for failing to secure qualified inter-

preters when necessary to ensure effective com-

munication with patients who use sign language

for communication.

THREE HOSPITALS WILL

PROVIDE EFFECTIVE

COMMUNICATION FOR PEOPLE

WHO ARE DEAF OR HARD OF

HEARING

JUVENILE JUSTICE FACILITIES

IN 7 STATES WILL PROVIDE

EFFECTIVE COMMUNICATION

FOR YOUTH WHO ARE DEAF

OR HARD OF HEARING

On July 11, 2006, the Department filed a

case in federal court in Maryland against Youth

Services International (YSI) for failing to provide

the auxiliary aids and services needed for ef-

fective communication for youth who are deaf

or hard of hearing in its facilities. YSI operates

juvenile justice facilities and programs in Florida,

Georgia, South Dakota, Rhode Island, Tennessee,

Iowa, and Minnesota.

The case stems from a complaint from a

juvenile who is deaf who alleged that during a

13-month stay at a YSI-operated facility he was

permitted only limited access to a sign language

interpreter. This lack of access largely prevented

him from participating in rehabilitation, coun-

seling, and other social and educational programs

offered at the facility. In addition, even when

provided an interpreter, he was subjected to seg-

regated housing and limited opportunities for

participation in programs. The case has been

resolved by a

settlement agreement.

Page 5

Disability Rights Online News

In June 2006, the Department delivered

$113,250 in checks from a housing developer

to 12 present and past residents with disabilities

of two apartment complexes in suburbs outside

Reno, Nevada, as compensation for the inacces-

sibility they encountered while living there. The

payments, ranging from $2,500 to $23,500, are

part of the relief the Department obtained in a

design and construction lawsuit under the Fair

Housing Act that was resolved by a consent order

last year, Silver State Fair Housing Council and

United States of America v. ERGS, Inc., et al.,

(July 12, 2005).

The consent order established a $150,000

settlement fund and provided a six-month period

for the Department to locate individuals who

were harmed by the inaccessible features at the

apartments. After investigating and interviewing

potential claimants, the Department submitted

its preliminary damages determinations for each

individual to the developer, who settled for a

lump sum that was then distributed based on the

nature, severity, and duration of the harm each

individual sustained.

The person who received $23,500 is a man

with paraplegia who has lived for three years at

one of the complexes. After he requested a ramp

at the steps outside his home, the property man-

agement firm installed a wooden ramp so steep

that it could barely be navigated, for a charge of

$300. It also had a one-inch lip at the base and

handrails so high they were out of reach. The

resident did not ask the management to modify

the ramp for fear of being charged again. Last

fall, this individual fell out of his wheelchair

going down the ramp and injured his right hip.

In addition to the payment of damages to

aggrieved persons, the consent order requires

accessibility improvements to the apartment

units and the complexes’ common areas at an

estimated cost of $1.67 million. The agreement

also provided $27,500 in damages for the Silver

State Fair Housing Council, which initially filed

the lawsuit, awarded $250,000 to reimburse

its attorney’s fees and litigation expenses, and

required the payment of a $30,000 civil penalty.

On June 20, 2006, an Illinois jury ordered

the former owner and manager of an apartment

building in Marion, Illinois, to pay $15,000

to Deborah Norton Ally, who was told she

could not rent an apartment because she used

a wheelchair. The jury awarded $5,000 in

compensatory damages, $3,000 in punitive

damages against the former manager, and

$7,000 in punitive damages against the former

owner.

In February 2005, the Department filed

suit against Zellpac, Inc., and Guy Emery, the

former owner and manager, respectively, of the

apartment building, alleging they had violated

the Fair Housing Act when Emery told Ms.

Norton Ally, in the fall of 2001, that he would

not rent an available apartment to her because

she used a wheelchair. Ms. Norton Ally filed

a charge with the Department of Housing and

Urban Development, which investigated the

charge, found reasonable cause to believe that

a discriminatory housing practice had occurred,

and referred the matter to the Department

of Justice. Zellpac, Inc. is owned by Randy

Patchett and Jim Zeller. Zellpac, Inc. subse-

quently sold the property and Emery no longer

works there.

FORMER OWNER AND

MANAGER OF APARTMENT

BUILDING MUST PAY $15,000

FOR REFUSING TO RENT

TO A PROSPECTIVE TENANT

WHO USES A WHEELCHAIR

RENO DEVELOPER PAYS

$113, 250 IN DAMAGES TO

12 PEOPLE WITH DISABILITIES

Page 6

Disability Rights Online News

On June 30, 2006, the Department filed a federal lawsuit

alleging disability discrimination by the County of Sarasota,

Florida. The Department’s complaint alleges that the county

refused to allow Renaissance Manor, Inc., to operate six homes for

individuals with mental illness and a history of substance abuse,

although the homes at issue are permitted to operate as a matter of

right under the county’s zoning code. The Department contends

that the homes, which are intended to provide a supportive envi-

ronment for residents, are otherwise similar to other houses in the

county inhabited by residents sharing living space and common

facilities. The complaint also alleges that the county retaliated

against Renaissance Manor by refusing to release grant funds it

had previously awarded to it.

The suit seeks monetary damages to compensate the victims,

civil penalties, and a court order barring future discrimination.

O n Ma y 8, 2 0 06 , t h e

Department filed a lawsuit

against the owners and managers

of the Fairway Trails Apartments,

in Ypsilanti, Michigan, alleging

that the defendants retaliated

against a disabled tenant who

had requested a reasonable

accommodation under the Fair

Housing Act. The complaint

alleges that the defendants sent

the tenant a letter stating that his

lease would not be renewed two

days after a state court judge

ruled in an eviction proceeding

that the defendants had to

accommodate his disability by

allowing him to pay his rent

the third week of every month.

The tenant received a Social

Security Disability check on

the third Wednesday of the

month. The case was referred

to the Justice Department after

the Department of Housing and

Urban Development received

a complaint, conducted an

investigation, and issued a

charge of discrimination.

The State of Vermont has reached a settlement agreement

with the Department regarding civil rights violations in Vermont

State Hospital, a hospital for people with mental health problems,

in Waterbury, Vermont. The four year agreement, filed in federal

court in Vermont, requires the State to implement reforms to ensure

that patients in the facility are adequately protected from harm and

provided adequate services including mental health care. The

agreement will be supervised by jointly-agreed upon monitors.

Under the terms of the agreement, the State will address and

correct all of the violations identified by the Department, including

the hospital’s failure to protect patients from suicide hazards and

undue restraint, failure to provide adequate psychological and

DEPARTMENT SUES FLORIDA COUNTY

FOR REFUSING TO ALLOW THE OPERATION

OF SIX HOMES FOR INDIVIDUALS

WITH MENTAL ILLNESS

AND A HISTORY OF SUBSTANCE ABUSE

OWNERS AND

MANAGERS OF

MICHIGAN

APARTMENT

COMPLEX SUED FOR

RETALIATION

AGAINST

DISABLED TENANT

STATE OF VERMONT WILL IMPROVE

CONDITIONS AT STATE HOSPITAL FOR

PEOPLE WITH PSYCHIATRIC DISABILITIES

Page 7

Disability Rights Online News

T h e A D A M e d i a t i o n

Program is a Department

sponsored initiative intended

to resolve ADA complaints in

an efficient manner. Mediation

cases are initiated upon referral

by the Department when both the

complainant and the respondent

agree to participate. The

program utilizes professional

mediators who are trained in the

legal requirements of the ADA

and has proven effective in

resolving complaints at less cost

and in less time than traditional

investigations or litigation.

Over 75% of all complaints

mediated have been settled

successfully.

In this issue, we focus on

complaints against restaurants

that have been successfully

mediated.

In Iowa, an individual

who is blind complained that a

restaurant manager was rude to

her and advised her not to return

because she uses a guide dog.

The owner apologized, posted

signs indicating that service

animals are welcome in the

restaurant, made a $50 donation

to a guide dog program in honor

of the customer and her guide

dog, and published a letter of

apology in a local newspaper.

A person who is deaf and

uses a service animal was

refused service at a restaurant

in Texas. The restaurant agreed

to provide ADA training at all

of its management training

sessions and to post a sign at the

entrance welcoming customers

with service animals.

In California, a service

animal user complained that

he was refused service at the

same fast-food restaurant on

two separate occasions. The

restaurant agreed to expand

its ADA compliance policy by

developing a comprehensive

section on serving people who

use service animals. It also

agreed to provide ongoing

training for employees and

to have regular visits from

unidentified

shoppers to verify

compliance. The

restaurant

also

agreed to pay the complainant

$15,000 in compensation and

attorney’s fees.

A person with a mobility

impairment complained that

a Pennsylvania pizzeria was

inaccessible because of two

steps at the entrance. The

parties agreed that, because of

the location of the steps and city

sidewalk, there was not enough

room to install a permanent

psychiatric services, and failure

to ensure adequate discharge

planning and placement in the

most appropriate, integrated

setting.

“ O n e of th e At t or n e y

General’s stated priorities is

protecting the civil rights of

all Americans, including these

vulnerable institutionalized

persons. People with mental

health problems in the care of

the State are entitled to be safe

and provided with adequate

treatment,” said Wan J. Kim,

Assistant Attorney General for

the Civil Rights Division.

“ T h e U . S . A t t o r n e y ’s

Office is pleased that the

Civil Rights Division and

the State of Vermont were

able to reach resolution on

this important matter,” said

Thomas D. Anderson, United

States Attorney for the District

of Vermont. “We applaud the

leadership of Governor James

Douglas and his administration

in this case, and the State’s

prompt implementation of

the reforms embodied in the

agreement.”

The Civil Rights Division

has successfully resolved

similar investigations of other

psychia t r ic facilities an d

has pending investigations

concerning psychiatric facilities

in Connecticut, Oregon, and the

District of Columbia.

ADA MEDIATION HIGHLIGHTS

Page 8

Disability Rights Online News

(Vermont, continued)

ramp. As an alternative, the

restaurant owner obtained

a portable ramp, installed a

doorbell, and posted a sign

instructing customers to ring

the bell to alert staff, who would

immediately bring the ramp to

the entrance.

In Utah, an individual

whose child has a mobility

i m p a i r m e n t

c o m pl a in e d

that a restaurant did not have

an accessible entrance. The

parties initially agreed that

the restaurant would create a

new accessible entrance at the

side of the building, but the

town refused to issue building

permits because it would have

encroached on the narrow

drive-through service lane.

The parties then agreed that

the restaurant would obtain a

portable ramp, install a doorbell

with appropriate signage at the

entrance, and train its staff on

where the ramp would be stored

as well as how to use the ramp.

A person with a mobility

disability complained that a

Pennsylvania restaurant did not

have an accessible entrance.

Because a long ramp was

required, the parties agreed to

enlist an architect to draw up

plans and apply for a zoning

variance. The variance was

granted, and the compliant ramp

was completed.

In Missouri, a wheelchair

u s e r c o m p l a i n e d t h a t a

restaurant’s entrance had a

steep, narrow concrete delivery

ramp with no directional

signage identifying it as the

accessible entrance. The

restaurant installed a new

ramp at its main entrance,

restriped the parking lot to

provide accessible parking, and

installed appropriate signage.

In Tennessee, a disability

rights organization complained

that one entrance at a fast food

restaurant was inaccessible

an d t ha t th e s ec on d, an

accessible entrance, was

lo ck ed a f t e r da rk . T he

complainants also alleged that

there was no signage directing

customers with disabilities to

the accessible entrance. The

restaurant owner agreed to

install a ramp and reconstruct

the doorway to provide access

at the inaccessible entrance

and added accessible parking

spaces and appropriate signage.

In addition to resolving the

original complaint, the owner

also modified the entrance to

the restrooms and installed

gra

b bars to the otherwise

accessible toilet stalls, removed

barriers to provide an accessible

path of travel to the service

counter and dining area, added

wheelchair accessible tables,

and adjusted the height of the

pay telephone.

In S out h Ca rol ina , a

disability advocacy group

complained that a restaurant

housed in a historic building

w a s i n a c c e s s i b l e . T h e

restaurant renovated both

restrooms and installed an

accessible ramp so that all

sections of the restaurant are

now accessible.

Relatives of a wheelchair

user complained that a North

Carolina restaurant lacked

accessible restroom facilities.

With technical assistance

from a local independent

living center and the local

b u i l d i n g i n s p e c t o r , t h e

r e st a u r a n t c o n st r u c t e d a

unisex accessible restroom,

installed one van-accessible

and two standard accessible

parking spaces, and created

an accessible path of travel

from the parking area to the

restaurant entrance.

A person with a heart

condition complained that

a Rhode Island restaurant’s

a c c e s s i b l e r e st r oo m w a s

not available to people with

disabilities because it was

routinely occupied by staff

using it as a changing room.

The restaurant agreed to issue

a written policy statement to

the staff prohibiting employees

from using accessible restrooms

as changing rooms except in an

emergency.

(ADA Mediation, continued)

Page 9

Disability Rights Online News

In Wisconsin, a couple

complained that they were not

allowed to bring food into a

restaurant for their young son

who has severe food allergies.

The owner of the restaurant,

who also owns two others,

agreed to allow persons to bring

outside food into the restaurants

if needed due to a disability.

The restaurants trained their

employees and posted the policy

on their websites.

In California

, persons

with mobility impairments

complained that a restaurant

located on a pier provided only

valet parking, and refused to

allow individuals to self-park

vehicles that have been adapted

with hand controls or other

modifications. The restaurant

informed

all valet employees that

it would allow customers with

disabilities to self-park within

the valet parking area if the

customer has a modified vehicle

or disability that precludes valet

staff from driving the vehicle.

The restaurant agreed to provide

a van-accessible parking space

near the restaurant within

the valet parking area and an

accessible route to the entrance.

In Missouri, a wheelchair

u s e r c o m p l a i n e d t h a t a

restaurant’s nonsmoking section

was inaccessible. Because there

was not enough space to install

a permanent ramp, the owners

agreed to purchase and use a

portable ramp.

A person with a mobility

disability complained that a

North Dakota restaurant did

not provide accessible seating

in the nonsmoking location.

The restaurant agreed to create

an accessible nonsmoking

area, implement a reservation

system for accessible tables,

and provide staff training on

the ADA.

In California, a couple

with mobility impairments

complained that a national

chain restaurant refused their

request to sit in chairs at the

end of a booth, because their

disabilities made it difficult to

enter and exit booth seating.

They also complained that the

manager was rude to them.

The restaurant agreed to add

ac ces si ble , f r ee -st an d in g

tables and chairs in addition to

booth seating and disciplined

the manager involved in the

incident. The restaurant also

wrote a letter of apology to

the couple, offered them a

complimentary meal when the

new seating had been installed,

and paid them $400.

A w h e e l c h a i r u s e r

complained

that a New Mexico

restaurant’s restrooms were

inaccessible. The owner

of the restaurant modified

the res troo ms,

in c lu di n g

rec o nfig urin g to ilet st a ll

partitions to allow clear space

for out-swinging stall doors,

repositioning fixtures to provide

clear floor space, repositioning

dispensers to comply with reach

range requirements, insulating

exposed lavatory pipes, and

installing accessible door

hardware on toilet stall doors.

The restaurant owner also

installed two

freestanding

tables

to accommodate wheelchair

users in both the smoking and

non-smoking sections of the

restaurant.

(ADA Mediation, continued)

On May 22 and the 23,

D i v i s i o n sta ff answered

questions and disseminated

A D A i n f o r m a t i o n t o a n

estimated 700 attendees at

the 2006 Annual Conference

o n I n d e p e n d e n t L i v i n g ,