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

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

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

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

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.

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

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

Title II What 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

Title II What 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.

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

Title II What 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

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

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

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

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

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

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

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

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

Questions

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