Title II- Government Services. Title II, sub-title A, of the ADA prohibits discrimination against persons with disabilities in State and local government services, programs, and activities. Sub-title B deals with transportation.
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Title II- Government Services
Title II, sub-title A, of the ADA prohibits discrimination against persons with disabilities in State and local government services, programs, and activities.
Sub-title B deals with transportation.
Three Major Categories
Government Programs and Services
Government Employment is covered the same as Title I rules. Nondiscriminatory practices should be used in hiring, firing, recruiting and reasonable accommodations.
Examples of contacts include:
Communication with the public (telephone contacts, office walk-ins, or interviews)
Public's use of the entity's facilities
ILLUSTRATION 1: A city engages in a joint venture with a private corporation to build a new professional sports stadium. Where public and private entities act jointly, the public entity must ensure that the relevant requirements of title II are met; and the private entity must ensure compliance with title III. Consequently, the new stadium would have to be built in compliance with the accessibility guidelines of both titles II and III. In cases where the standards differ, the stadium would have to meet the standard that provides the highest degree of access to individuals with disabilities.
A private, nonprofit corporation operates a number of group homes under contract with a State agency for the benefit of individuals with mental disabilities. These particular homes provide a significant enough level of social services to be considered places of public accommodation under title III. The State agency must ensure that its contracts are carried out in accordance with title II, and the private entity must ensure that the homes comply with title III.
Title III Public Accommodations
Prohibits discrimination against people with disabilities by:
Privately operated public accommodations
Private entities offering certain examinations and courses
What does public accommodation mean?
Any private entity that:
Leases or leases to
Operates a place of public accommodation
A private entity may be:
Inn, hotel, motel, place of lodging
Restaurant, bar, establishment serving food or drink
Movie theater, theater, concert hall, stadium, place of exhibition or entertainment
Auditorium, convention center, lecture hall, union hall, place of public gathering
Bakery, grocery store, clothing store, hardware store, shopping center
All Public Accommodations are covered under Title III regardless of their size
Generally speaking, an accommodation that does not allow pets would have to modify this rule for people with disabilities who use a service animal.
Providing a ramp
Adding a grab bar in the restroom
Rearranging toilet partitions to increase maneuvering space
Installing a paper cup dispenser at an existing inaccessible fountain
Removing high-pile, low density carpeting
Adding flashing alarm lights
Readily achievable barrier removal is not just a one time obligation.
What if readily achievable barrier removal is not possible?
If readily achievable barrier removal is not possible a public accommodation must make its goods and services available through alternative methods.
New construction requirements apply to both public accommodations and commercial facilities (e.g. warehouses, factories and private offices)
Let’s talk about alterations.
The ADA requires that altered areas of a facility must be readily accessible to and useable by people with disabilities to the maximum extent feasible.
Alterations to buildings that are listed or eligible for listing on the National Register of Historic Places, or are designated as historic places under state or local law, must comply to the maximum extent feasible to the ADA Accessibility Guidelines.
In rare cases:
When even these minimal requirements cannot be met because they would destroy a historical feature an alternative such as a video or photograph can be provided for display in inaccessible areas.
Individuals may file a complaint with the Department of Justice. The DOJ will process administrative complaints and pursue selected cases.
Send in a signed mediation form for a quicker response
Individuals may file a private law suit that may result in a court order to comply with the law and attorney fees but no money damages.
and the ADA
The Fair Housing Act as amended in 1988
Prohibits discrimination on the basis of race, color, sex, disability, familial status and national origin
Let’s talk about requirements for housing landlords
Landlords must make reasonable exceptions in their policies and operations to give people with disabilities equal housing opportunities.
A landlord with a “no pets” policy may be required to grant an exception to this rule and allow an individual who is blind to have a guide dog in the residence.
Assistive animals are also allowed.
These are animals that assist tenants with disabilities in making more effective use of their housing including, but not limited to, alerting individuals with hearing impairments to intruders or sounds, pulling a wheelchair, fetching items or providing emotional support to persons with mental disabilities.
What about parking?
An apartment complex that allows tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
A landlord does not have to make housing available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
What if an apartment or house is not accessible to a tenant with a disability?
The law requires that landlords allow tenants with disabilities to make modifications in their private living space, as well as common living spaces.
The landlord is not required to pay for the changes that the person with a disability makes in their private living space or the common areas.
The tenant who wishes to alter their living space or common areas must agree to restore the property to its original condition when they move.
What about the requirements for new multi-family housing?
New multi-family housing ready for occupancy after March 31, 1991 with four or more units are required to have ground floor units designed and built to allow access for people with disabilities.