What is the Role of the U.S. Department of Justice (DOJ) Regarding the Americans with Disabilities Act (ADA)

We start with the Americans with Disabilities Act, Amendments Act of 2008 (P.L. 110-325) which became effective on January 1, 2009.

         TITLE 42 – The Public Health and Welfare

           CHAPTER 126 – Equal Opportunity for Individuals with Disabilities

           SUB CHAPTER III – Public Accommodations and Services Operated by Private Entities

           SECTION 12188 – Enforcement

 (a)     In General

 (b)     Enforcement by Attorney General

It is clear to ACCESS that the U.S. Department of Justice (DOJ) through the Attorney General has enforcement jurisdiction over discrimination asserted in the ADA.  The quark is that DOJ must litigate from its standard, so it takes the Access Board's Guidelines and make that document its standard which takes 4 - 5 years.  So, it makes no sense to me, but the role of the DOJ is strictly enforcement, not any writing of its standards.

Lifts in Hotel Rooms?

Jay questioned a lift for getting into a hotel bed.  I'd like to start my answer with the following Preamble:

                                                          PREAMBLE

               When President Bush signed into law the Americans with Disabilities Act--the world's first
          comprehensive civil rights law for people with disabilities--in front of 3,000 people on the
          White House lawn on July 26, 1990, the event represented an historical benchmark and a
          milestone in America's commitment to full and equal opportunity for all of its citizens.

               The President's emphatic directive on that day--"Let the shameful walls of exclusion finally
          come tumbling down"--neatly encapsulated the simple yet long overdue message of the ADA:
          that 43 million Americans with disabilities are full-fledged citizens and as such are entitle to
          protections that ensure them equal opportunity and access to the mainstream of American life.

               Enactment of the ADA reflects deeply held American ideals which treasure the contributions
          which individuals can make when free from arbitrary, unjust, or outmoded societal attitudes and
          practices that prevent the realization of their potential.  The ADA reflects a recognition that the
          surest path to America's continued vitality, strength and vibrancy is through the full realization of
          the contributions of all of its citizens.

There is nothing in the Americans with Disabilities Act (ADA) or the Access Baords Guidelines, which is the "safe harbor" for design and construction to be in compliance with the ADA, that address this issue.  So my answer to Jay and to all the "Wheelchair Watchdogs" is that the ADA is a reasonable Act which will cover most of the issues but not all.  I am aware that one hotel property has a ceiling track that would certainly accommodate Jay.  So, in the opinion of ACCESS, there are rare situations which are not covered in the a ADA.

I know...I know.  The request for a reasonable accommodation is another matter and will be covered in another posting.

After 21 years of the Americans with Disabilities Act (ADA), why are buildings not ADA compliant?

The answer is simple.  Building owners do not want to spend the money to comply with the ADA.  This was also the case with the Rehabilitiation Act of 1973.  So, when congress pass the ADA in 1990 they put it in under the umbrella of the Civil Rights Laws and made the U.S. Department of Justice (DOJ) the enforcer. 

The DOJ does not have ADA policemen.  Civil Rights Law is always policed by those citizens that have been discriminated against.  Congress understood that need and gave the tools to the handicapped citizens to get the job done.  ACCESS has come to the challenge and joined the team with its professional expertise, with its "Wheelchair Watchdog" program.  A program that mobilizes the wheelchair communtiy and all other handicapped citizens to get the job done, so all buildings will be ADA compliant. 

Come, become a "Wheelchair Watchdog".

Do Architects, Engineers, Contractors Understand the Americans with Disabilities Act (ADA)?

In the opinion of ACCESSS the answer is no. 

My fellow architects undertanding maybe 35%, engineers 30% and contractors 20%.  That is not a very good adverage when ADA is Civil Rights Law and Civil Rights Law is required to be known and understood by all citizens.  ACCESS is well aware that some building owners hire these professional for ADA retrofit work and the result is not ADA compliance.  The ACCESS "Wheelchair Watchdogs" program requires an ADA architect's input at each step along the path of ADA building complaince; the ADA audit, The ADA archtect input for solutions, the ADA plan check of the architectural/engineering ADA retrofit permit drawings, the ADA costing of the ADA retrofit permit drawings and finally the ADA arcitects audit of the ADA retrofit construction with a cerfiticate of ADA compliance. 

This progarm assures building owners that ADA professionals are solving his ADA non-compliance properly with money being spent wisely.

What is the purpose of the "Wheelchair Watchdog"?

Access has given the disabled wheelchair individual the name "Wheelchair Watchodg" because they are disabled and watchdog indicates they have expereinced a building that was not ADA accessible and they want to do something about that building to make it ADA accessible, which gives the "Wheelchair Watchdog" standing in Federal Court where the ADA non-compliant complaint is filed. 

The ACCESS "Wheelchair Watchdog" program starts with a detailed ADA audit, followed by a set of architectural/engineering drawings called the ADA retrofit permit set, then the drawing sets are ADA plan checked for ADA compliance and finally those drawings are given to an ADA contractor for a cost estimate.  Upon completing of the ADA retrofit constuction the building has a final ADA audit and issued a certificate of ADA compliance.  Therefore, the purpose of the "Wheelchair Watchdog" is to get building ADA compliant, one building at a time for that wheelchair person and for all disabled person that will follow.

We are being asked where are the "Wheelchair Watchdogs" coming from?

We are being asked where are the "Wheelchair Watchdogs" coming from? I can tell you as of today they are coming from all over these United Staes. Some of the states are New York, Alabama, Illinois, Texas, Missouri just to mention a few. I can tell you our staff is excited about bringing our ADA expertise to the wheelchair commnunity. What is even more exciting is when we get people like Mitchell with his 20+ years (I only have 18 years) telling me that he wants to notify his friends and members about our ADA building compliance program.

The ACCESS "Wheelchair Watchdog" program is setup as a self help program to assist wheelchair users to getting building ADA compliant.

The ACCESS motto is, working together we can get buildings ADA compliant one buidling at a time.

ACCESS needs and wants wheelchair users to join our "Wheelchair Watchdog" program. We want to hear from you!

The ACCESS target is to be filling 100 ADA non-compliant cases a week by the end of 2011.

What is the Difference Between ADA Litigation in Civil Courts vs Federal Courts

I was talking with B.J. yesterday and he is a wheelchair advocate expressing some frustration in getting building owners to get their buildings into ADA compliance even though the State Attorney General is very supportive.  This subject matter comes up time and time again and is very frustrating.  “Let's cut to the chase.”   Civil courts are political, are very slow and any decision is applicable to civil law and is also only applicable to that case.   As a result, ACCESS does no work in civil courts.  The Americans with Disabilities Act (ADA) is Federal Civil Rights Law.  Here wheelchair users have direct access to Federal Courts at no cost to them.  That means that the ADA law requires the building owners to pay all costs including attorneys’ fees and costs.  The ACCESS work products for the attorney are costs that include:

1.                   Detailed ADA audit of the building and site

2.                   Consulting on ADA solutions of items identified in the ADA audit as being ADA non-compliant with the building owners and his architectural/engineering firm hired to do the ADA retrofit permit drawings

3.                   ADA Plan check of the ADA retrofit permit drawings

4.                   Consulting with ADA contractor pricing ADA retrofit permit drawings

5.                   Audit of the ADA retrofit construction and if ADA compliant, the issuing of a building certificate of ADA compliance

All federal court cases are on a fast track that does not allow attorneys the delay tactics.  Decisions by a federal judge is applicable throughout the United States.  In the case of Wheelchair Watchdog cases, the judge will order the building owner when to start the ADA retrofit and when to finish.

The ACCESS "Wheelchair Watchdog" program is setup as a self help program to assist wheelchair users in getting building ADA compliant. 

The ACCESS motto is, working together we can get buildings ADA compliant one building at a time.

ACCESS needs and wants wheelchair users to join our "Wheelchair Watchdog" program.  We want to hear from you!

The ACCESS target is to be filing 100 ADA non-compliant cases a week by the end of 2011.

Role of the Access Board

The Architectural and Transportation Barriers Compliance Board (Access Board) is a government agency in Washington D.C. that has the responsibility for writing the guidelines for the "Safe Harbor" for design and construction to be in compliance with the Americans with Disabilities Act (ADA). 

The term "Safe Harbor" is a legal term and means minimum standard for compliance. This is a very long process with many hearings, studies and proposed rules.  The Access Baord work product today is called a Guideline.

The first ADA Guideline was published July 26, 1991.  The current Guideline is the ADA & ABA Accessibility Guildeines; Final Rule 36 CFR Parts 1190 and 1191; Federal Register/Vol. 69, No. 141/July 23, 2004.  Guildines effective Septemer 21, 2004.

The ACCESS Wheelchair Watchdog Program - Where is it at today?

People have been asking this question and also wanting to know where it is going.  Mitchell asked this question on Monday, March 21st. 

In my correspondence with Mitchell, I told him I am an architect who for the last 18 years has specialized in making building compliant with the Americans with Disabilities Act (ADA).  ACCESS does detailed ADA audits and detailed ADA planchecks on buildings for building owners.  When ACCESS started this ADA compliance business I thouht all buildngs could be ADA compliant in 5 years.  20 years after the passage of the ADA, in the opinion of ACCESS maybe 90% of buildings are NOT ADA compliant. 

ACCESS looked long and hard at the WHY, and came to the conclusion that building owners "flat-out" did not want to spend the money.  ACCESS has spent the last year reformatting its business plan, and has added a program of direct help to wheelchair users.

When I attended an ADA conference in San Diego in late October of 2010, the main speaker was John L. Wodatch, Cheif, Disability Rights Section, U.S. Department of Justice.  I told John that ACCESS was staffing up and that our plan is to be invovled in the filing of 100 ADA non-compliant cases a week by the end of 2011.  The ACCESS Wheelchair Watchdog program is a team program, and the leader of the team is that wheelchair person.  In fact, witout that wheelchair persont ehre is no building ADA compliance program. 

Working together we will get buildings ADAcompliant, one building at a time.  To all you wheelchair users, come join our program and really get these buildings ADA compliant with the ACCESS Wheelchair Watchdog program.

Call us at (702) 649-7575 or
Visit us at our website: http://www.accessts.net/
And visit us on FaceBook and click "like"

Why does the Access Wheelchair Watchdog" program use the Federal Court

The Americans with Disabilties Act (ADA) is Federal Civil Rights Law.  There are two court systems in the United States; Civil Courts and Federal Courts.

Federal courts trump civil courts and the process is much faster and direct.  Federal judges are appointed for life, so in the opinion of ACCESS they are less political.  The Federal judge's ruling becomes the law of the land which makes the ruling is more consistent with the basic law, in this case the Americans with Disabilities Act.  Also, in the opinion of ACCESS, Civil Rights Law is not well written.  As a result, there are opinions by others (including ACCESS), as well as government agencies.  There is only one entity that can rule on Civile Rights Law, and that is a Federal judge.

We at ACCESS feel very strongly about getting unbias and accurate information before the Federal judge, that is why the ACCESS work product is designed the way it is.  We at ACCESS like to think the Federal judge is the one that brings common sense to Civil Rights Law. We at ACCESS have a great deal of respect for our Federal judges and it is why the ACCESS Wheelchair Watchdog program uses the Federal Courts.

What Does Civil Rights Law Mean?

Civil Rights Law means someone is being discriminated against and is not able to enjoy the amenities of life that other people enjoy.  Therefore, in the legal process their civil rights have been violated.  Congress has said this is wrong and needs to be corrected. The wronged are given direct access to the Federal Courts, where the court fees are waived and given an attorney at no cost for the filing of the compliant, including their time.

In our country, we have two court systems: one Civil Courts and the other Federal Courts.  They are very different in that the Civil Courts are more political and the judges' ruling is only applciable to that one case; where as in the Federal Courts they are less political and the judges' ruling not only is applicable to that case but every like case throughout the United States.

The American with Disabilities Act (ADA) is a civil right law and the ACCESS Wheelchair Watchdog program uses the Federal Courts.

In answer to your question: What is (i) and (ii)?

(i) Denieal of participation
It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such indivdiual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.

(ii) Separate benefit
It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such indivdiual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other aopportunity that is as effective as that provided to others.

Most Important Sentence in the ADA...

Following is the current text of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009.

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

     Sec. 12182. Prohibition of discrimination by public accommodations

          (b) Construction

               (1) General prohibition

                     (A) Activities

                         (ii) Participation in unequal benefit

                              It shall be discriminatory to afford an individual or class of
                              individuals, on the basis of a disability or disabilities of such
                              individual or class, directly, or through contractual, licensing,
                              or other arrangements with the opoortunity to participate in
                              or benefit from a good, service, facility, privilege, advantage,
                              or accommodation that is not equal to that afforded to other
                              individuals.

http://www.ada.gov/pubs/adastatute08mark.htm

To all you Wheelchair Watchdogs that are already in the ACCESS program, tell a friend!  We are staffing up to handle 100 complaints a week by the end of this year.

I can't say it enough...if we all put our skills together, WE CAN MAKE A DIFFERENCE!

Letter to Mary Collier, Able Newspaper

Mary,

Thank you for responding.  I appreciate you adding us to your mailing list.  I would like to, however, give you more background on our ADA compliance efforts.

ACCESS is the vehicle for the disability community to get buildings ADA complaint.  I did check you out and see that you have a monthly newspaper that serves the disability community.  ACCESS also serves that community by providing a free service through our “Wheelchair Watchdog” program. 

The Wheelchair Watchdog program is a self help program that uses the Civil Rights Laws of this country to get public and government buildings ADA compliant.  The Americans with Disabilities Act (ADA) is 20 years old and in the opinion of ACCESS, buildings that are not ADA compliant today are the direct result of building owners not wanting to spend the money, which is a violation of the ADA Federal Civil Rights Law.  The ACCESS Wheelchair Watchdog program uses the Federal Courts in the filing of an ADA non-compliant lawsuit signed by the Wheelchair Watchdogs.  The Federal Judge takes over and the building owner is required to comply with the Civil Rights Laws specifically the American with Disabilities Act (ADA). 

The ACCESS Wheelchair Watchdog program consists of ADA non-compliant building filing, an ADA audit of the property, an architectural/engineering ADA retrofit permit set of drawings, an ADA plancheck of the ADA retrofit permit set of drawings, and ADA contractors pricing of the ADA retrofit permit set of drawings and upon completion of the ADA retrofit construction, an ADA inspection audit of the ADA retrofit construction and if ADA compliant, an issuing of an ADA certification of building compliance.

ACCESS serves the disability community through its understanding of the ADA law and believes that by working together, we can get the buildings ADA accessible for the Wheelchair Watchdogs and all the other disabled groups and individuals that will follow.

Mary, I know building owners do not want the disability community to know that service exists.  I am an architect and for the last 18 years my practice has been compliance with the Americans with Disabilities Act.  My product is detailed ADA planchecks and detailed ADA audits geared to building owners.  Today we are gearing our ADA services also to our Wheelchair Watchdog program to better serve the disability community.  I can definitely say, come join our program.  For working together, we can get buildings ADA compliant one building at a time.

Unfortunately, our fax number was retired five years ago and is wandering aimlessly, however happy and tanned, somewhere in Florida.  We send and receive all our correspondence via email.

Here’s our mailing address: 

10225 Button Willow Drive, Las Vegas, NV  89134-7595

Again, thank you for your time, Mary.

Hank

Department of Justice vs. Hilton Worldwide, Inc.

Over the last 18 years about 80% of our work has been in the lodging/hospitality industry, and where is that industry today?  In my opinion 90% of the building are not in compliance with the Americans with Disabilities Act and the reason is simple.  Building owners do not want to spend the money.  An example would be Hilton Internationa, Inc.  The ADA is over 20 years old, but on Tuesday, November 9, 2010, the Justice Department Reaches Agreement with Hilton Worldwide, Inc.


                                                  Department of Justice
                                                 Office of Public Affairs

FOR IMMEDIATE RELEASE                                            Tuesday, November 9, 2010

                                Justice Department Reaches Agreement with Hilton
                          Worldwide Ind. Over ADA Violations at Hilton Hotels and
                                             Major Hotel Chains Owned by Hilton

WASHINGTON - The Justice Department and Hilton Worldwide Inc. today announced a comprehensive, precedent-setting agreement under the Americans with Disabilities Act (ADA) that make state-of-the-art accessibility changes to approximately 900 hotels nationawide.  The agreement is in the form of a proposed consent deceree filed today in federal court to resolve a simultaneously filed lawsuit under the ADA.


The ACCESS "Wheelchair Watchdogs" program is active in getting more lodging/hospitality industry buildings ADA accessible.  If you want to join the ACCESS program let me know.

As I have said many times, if we all put our skills together, WE CAN MAKE A DIFFERENCE.

Come and join our "Wheelchair Watchdog" program for ADA Accessiblity to all buildings.  Visit our website at http://www.accessts.net/ or visit us on FaceBook and Twitter.

For full report go to: http:www.justice.gov/opa/pr/2010/November/10-crt-1268.html

Look forward to hearing from all of you, and thanks for support the Wheelchair Watchdogs!

Hank