The Impact of the ADA on State and Local Governments

1. The Impact of the ADA on State and Local Governments Kevin Mattias ADA Coordinator, City of Lincoln City September 21, 2018

2. What is the ADA? The Americans with Disabilities Act of 1990 Signed into Law by Pres. George H.W. Bush Civil Rights Bill Americans with Disabilities Act Amendments Act of 2008

3. What is the ADA? Prohibits the discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life

4. Five Titles of the ADA Title I – Employment Title II – State and Local Governments Title III – Public Accommodations Title IV – Telecommunications Title V – Miscellaneous Provisions

5. Title II State and Local Governments Regulations prohibit public entities from discriminating against or excluding people from programs, services, or activities on the basis of disability.

6. Title IIWho Must Comply? Any state or local government Any department, agency, special purpose district or other instrument of a state or local government AMTRAK

7. Title IIWhat is Required? Any public entity with 50 or more employees must designate at least one employee to coordinate ADA compliance (ADA Coordinator)

8. Title IIWhat is Required? All public entities, regardless of size, must provide information to applicants, participants, beneficiaries, employee, and other interested parties regarding the rights and protections afforded by Title II

9. Title IIWhat is Required? All public entities with 50 or more employees must adopt and publish a grievance procedures providing for prompt and equitable resolutions of grievances arising under Title II.

10. Title IIWhat is Required? All public entities, regardless of size must conduct a self-evaluation.

11. Title IIWhat is Required? Public entities with 50 or more employees must develop a transition plan when structural changes to existing facilities are necessary in order to make a program, service or activity accessible to people with disabilities

12. Provisions of Title II General Nondiscrimination Equally Effective Communication Program Accessibility Employment

13. General Nondiscrimination Equal opportunity to participate and benefit Eligibility Criteria Methods of Administration Integrated programs

14. General Nondiscrimination Separate programs Reasonable Modification of policies, practices and procedure Surcharges Facility location

15. General Nondiscrimination Planning and advisory board Licensing and certification Procurement contracting Associations

16. Equally Effective Communication • Auxiliary aids and services • Must give “primary consideration” to the preference of the person with a disability • Must provide effective means of communication • Are not required to take actions that would cause undue burden

17. Equally Effective Communication • Structural communications features • Flashing fire alarms • Tactile signage • Amplification devices • FM loop

18. Program Accessibility • Operate each program, when viewed in its entirety, the program is readily accessible to and usable by people with disabilities • Sidewalks and curb ramps • March 2017, ODOT settles a lawsuit to install curb ramps on state highways • May 2018 Portland settles a lawsuit for $113 million to upgrade curb ramps and sidewalks

19. Employment Prohibits all public entities from discrimination against qualified individuals with disabilities

20. Questions

21. Resources United States Access Board www.access-board.gov US Dept. of Justice ADA www.ada.gov Northwest ADA Center www.nwadacenter.org