Your Rights in Places of Public Accommodation

1. Your Rights in Places of Public Accommodation Theresa Rassas Chief Counsel Arizona Attorney General’s Office Division of Civil Rights Section

2. ARIZONANS WITH DISABILITIES ACT & TITLE III OF THE ADA

3. What agencies enforce these laws? • Arizona Attorney General’s Office enforces the Arizonans with Disabilities Act (AzDA). • U.S. Department of Justice enforces Title III of the ADA. For more info, go to the ADA Home Page at www.doj.gov. • No agreement between DOJ and states to take ADA Title III complaints.

4. What does AzDA prohibit? Discrimination against people with disabilities by: • Places of public accommodations, • Commercial facilities, • Examinations or courses related to applications, licensing, certification or credentialing for secondary or post secondary education, professional or trade purposes, and • Public buildings and facilities.

5. What places are not covered under AzDA? • Private clubs • Private homes • Churches and religious organizations

6. Who is protected by AzDA and Title III of the ADA ? • An individual with a disability. • Disability = 1) an actual disability, 2) a history of a disability, or 3) being regarded by the employer as disabled.

7. What does “disability” mean under AzDA and ADA? • Disability means a physical or mental impairment that substantially limits a major life activity. • “A person shall define and construe a disability in favor of broad coverage …” ARS 41-1492.12(A)

8. What does AzDA prohibit? • Discrimination in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations because of disability. • Denial of necessary auxiliary aids and services. • Refusal to make reasonable modifications of policies and procedures. • Failing to remove architectural and communication barriers.

9. Are there limits on a public accommodation’s duty? • YES. Places of public accommodation must provide necessary auxiliary aids and services or modifications to policies unless it would fundamentally alter the services or result in undue burden.

10. What are examples of possible violations with modifications to policies? • Modifying a “no pets rule” to permit a service animal to accompany a person with a disability. • Adjusting how a test is administered or timed because of the use of an interpreter(s) during the test.

11. Who can file an AzDA complaint • Any person who believes a place of public accommodation has violated AzDA may file a complaint of disability discrimination under AzDA with the AG’s Office.

12. When must an AzDA complaint be filed? • Within 180 days from the date discrimination or termination of the discriminatory practice.

13. What happens when you file an AzDA complaint with the Attorney General’s Office? • Free mediation program. • Investigation. • Conciliation efforts to resolve cases where reasonable cause to believe discrimination occurred. • Lawsuit by Attorney General’s Office if “reasonable cause” issued and conciliation is not accepted by both parties.

14. Individual’s Right to Enforce Arizonans with Disabilities Act • A person who believes that she or he has been the victim of disability discrimination by a public accommodation may file a private civil action in state court (or federal court if also bringing an ADA complaint). • A complaint must be filed within two years of the date of the discriminatory practice. • A court may award actual damages, punitive damages, temporary or permanent injunctive relief, and attorney’s fees and costs. When the AG brings the lawsuit, the court may also order civil penalties of up to $5,000 for the first violation and $10,000 for the second violation.