CONSORTIUM MEETING October 26, 2011 Office of the Illinois Attorney General

Who We Are Only Disability Rights Bureau in nation Offices in Chicago and Springfield Attorneys, Disability Specialists, Policy Advisors, Paralegals, Law Clerks and Interns 2

What We Do Investigations Technical Assistance Training Public Awareness Committees Legislation Litigation 3

Laws We Enforce Environmental Barriers Act Americans with Disabilities Act Illinois Human Rights Act Fair Housing Amendments Act 4

Investigation Process Filing Investigation Voluntary Compliance Litigation

When to File? Facility or parking is not physically accessible Denied participation in programs or denied services Discriminated against in housing or employment If any doubt, file and we’ll help you find the right agency or organization

Environmental Barriers Act Governs physical access for people with disabilities. Its implementing regulation, the Illinois Accessibility Code (IAC), dictates the minimum requirements for accessibility to public and private facilities located in Illinois. Applies to new construction, additions and alterations.

Environmental Barriers Act Public Use Facilities – newly constructed or altered o Restaurants o Grocery Stores o Gas Stations o Court Houses o Theaters o Hotels o Sports Facilities Newly Constructed Multi-story Housing

Who’s who with regard to the EBA/IAC Private sector o Engineers o Architects o Building owners Local Level o Building Code Officials review plans prior to issuing building permits. State Level o Capital Development Board charged with issuing interpretations. o Attorney General’s Office charged with investigation of complaints and legal enforcement.

Scope of Illinois Accessibility Code Public Facilities o Private clubs and religious facilities Alterations Additions Housing which consists of 4 or more stories and ten or more units Specific Facilities – Additional Requirements

Environmental Barriers Act The Attorney General has civil enforcement authority o Injunctive relief – require construction or halt construction to achieve compliance o Fines – up to $250 per day for every day that a facility is out of compliance o Architect and engineers – suspension or revocation of license o Building permit official – up to $1000 o Other appropriate relief

Housing and EBA Multi-Story Housing o Applies only to buildings constructed after May 1, 1988 o 4 or more stories AND at least 10 dwelling units Government Housing o 5 or more units on site Fair Housing Act may apply to others

Government leasing section in the EBA Governmental Unit: The State…including any county, town, township, city, village, municipality, school district, park district…, local housing authority, public commission, etc. IAC § Definitions - Pg. 17 No governmental unit may enter into a new or renewal agreement to lease, rent or use, in whole or in part…any building…that does not comply with the standards. EBA §25/5(e) - Pg. 163

ADA Americans with Disabilities Act o Title I – Employment o Title II – State and local government o Title III – Public accommodations and commercial facilities o Title IV – Telecommunications o Title V – Miscellaneous

Title II - ADA Effective date – January 26, 1992 Covers all activities of State and local government o Programs, services and activities may include: o Recreation o Council meetings o Health care o Courts o New construction/alterations/additions o Standards for Accessible Design (ADAAG) Older buildings o Programmatic accessibility

Title III - ADA Effective date – January 26, 1992 Covers public accommodations o Private entity that owns, operates, leases or leases to a place of public accommodation and they may include: o Restaurants o Hotels o Retail stores o Doctor’s offices New construction/alterations/additions o Standards for Accessible Design (ADAAG) Older buildings o Barrier removal o Readily achievable

Federal Buildings Federal buildings o General Services Administration o Architectural Barriers Act o Exempt from State and Local Building Codes o However, do review to determine if state/local codes are more stringent. Post Offices o US Access Board

ADA - Update Americans with Disabilities Act o ADA Standards for Accessible Design o September 15, 2010 – New standards published in the Federal Register o March 15, 2012 – New standards must be used in all new construction, alterations and renovations In the time between the publication date and full compliance date (Sept. 15, 2010 and March 15, 2012) covered entities may choose to use either standard, but the must use one or the other in its entirety.

Service Animals Any dog individually trained to do work or perform a task for the benefit of an individual with a disability o All breeds and weights Miniature horses – must make reasonable modifications to allow them 28

Training for the Big Leagues 29

Illinois Human Rights Act Prohibits discrimination on basis of disability, among others: – Race – Color – Religion – Sex – Sexual orientation – National origin – Citizenship – Ancestry – Age – Marital status – Familial status – Military status – Order of protection status – Arrest record

Illinois Human Rights Act AG has jurisdiction when pattern or practice of discrimination Covers these areas: o Public Accommodations o Employment o Real Estate o Financial Credit o Education Applies to government and government officials Also prohibits retaliation for complaining about discrimination

Fair Housing Act Prohibits discrimination in housing Requires accommodations and modifications Physical design and construction requirements

Illinois Attorney General Consumer Fraud Bureau o Identity Theft o Healthcare Bureau o Charitable Trusts Civil Rights Bureau Crime Victims Bureau Military/Veterans Bureau Seniors

Office of the Attorney General Disability Rights Bureau James R. Thompson Center 100 W. Randolph, 11 th Floor Chicago, Illinois / (v) 800/ (tty)

Nicki Bazer, Chief Office of the Attorney General Disability Rights Bureau 100 W. Randolph Street Chicago, Illinois / / (tty)