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2. METROPOLITAN MAYORS CAUCUS ADA COORDINATORS GROUP TRENDS IN ADA COMPLIANCE AND ENFORCEMENT PRESENTED JULY 12, 2017

3. OUR CONTENT THIS MORNING...
There is a new Sheriff (and new Deputy) in town
Enforcement trends and compliance activity
What’s going on with IAC?
Lessons learned
Conclusion and Resources

4. THE NEW REALITY

5. Recognize this man?
Donald J. Trump is the current leader of the free world and the undisputed President of the United States of America.
The President also oversees the regulatory tools for the implementation of the Americans with Disabilities Act (ADA). The Presidential directive that for “every regulation or standard issued, two must be rescinded” is stalling all pending ADA guidance. That includes PROWAG, golf cars, fitness machines, outdoor developed areas, hospital and medical treatment rooms, the internet, and much more, are on hold.

6. The “Deputy” is US Attorney General Jeff Sessions
The “Deputy” is US Attorney General Jeff Sessions. Appointed by President Trump, and confirmed by the US Senate, he oversees the work of the US Department of Justice (US DOJ), the entity that sets the minimum regulations and standards to implement the ADA.
The Attorney General drives several functions important to the ADA. These include advancement of new standards developed by the US Access Board, determining whether to seek Court enforcement of US DOJ settlement agreements under the ADA, and determining if new ADA settlement agreements are able to be enforced in Federal District Court. Human resource allocations is also a factor.

7. OTHER KEY US DOJ ROLES...
Interpretation of ADA requirements
Technical assistance hotline ( )
Technical assistance papers on website (
Controlling designated federal agency civil rights staffs
Speaking at ADA conferences nationwide

8. ENFORCEMENT TRENDS AND COMPLIANCE ACTIVITY

9. ENFORCEMENT TRENDS... Title II still leans towards the complainant
Title III is likely down the middle...
Title I is in favor of the employer
Disability Rights Bureau of the Illinois Attorney General leans in favor of the complainant

10. COMPLIANCE ACTIVITY

11. OUR CONTENT THIS MORNING...
There is a new Sheriff (and new Deputy) in town
Enforcement trends and compliance activity
What’s going on with IAC?
Lessons learned
Conclusion and Resources

12. Florida Department of Environmental Protection
2008 dispute
Glass bottomed boat?
Are contractors and concessionaires subject to ADA mandates?
What does your concessionaire contract say about the ADA?

13. City of Whitewater, Wisconsin
Should the words “Miss Wheelchair USA” mean anything to you?
Downtown curb ramps, park renovations, City Hall, softball fields
Two years, out of town expert, settled for fees and negotiated retrofits
Risk pool perspective...

14. Montgomery County, Maryland
50% of US DOJ staffs live in this county
Comprehensive review of all new construction, policies, HR issues, communications, existing facilities
Washington Post estimated compliance costs at more than $200M
Three years of access audits, seven years for transition plan

15. Prince George’s County, Maryland
Two years of access audit
Six year transition plan
Very successful model of train-the-auditor, with administrative buy- in on implementation
Addressed policies and programs too

16. Greenacre Park District, Greenacre, Illinois
Dispute in 2009 with a CIL
Sparked by a building retrofit and poor A/E compliance and fueled by customer service errors
When is something free not good? The two-story rule...
Still alive, IL AG DRB should sign off this year or 2018

17. Affluent Park District, Illinois
2008 dispute
Addition to existing building, failed due to .5” versus the as-builts
Sparked by bad A/E, fueled by poor customer service
Ended 2011, after District conducted mandated access audit and transition plan of all sites and facilities

18. City of Cedar Rapids, Iowa
Comprehensive 2015 PCA settlement agreement addresses facilities and parks since 1992, and curb ramps since 1992 (more than 4,000)
Significant impact on A/E community and contractor community
Addresses policies and programs
ALL RETROFIT WORK to be completed by September 30, 2019

19. San Juan County, New Mexico
2015 PCA agreement addresses policies, existing sites and facilities, polling places, and staff training
Not a wealthy county, and complicated because many polling places are within the Navajo Nation
Request to extend compliance date by two years granted by US DOJ
ILA has caused the County to select A/E differently

20. Township of South Orange Village Recreation and Cultural Affairs, South Orange, NJ
2014 US DOI dispute
Small community replaces a walking path, fails to meet cross and running slope requirements in Access Board work
Citizen complaint to Interior Office of Civil Rights through BLM
Outcome: complete access audit and transition plan, retrofit path

21. Barden v. Sacramento Settled in 2004
Clearly establishes sidewalks as a “program” under title II
Requires the City to, for 30 years, set aside 20% of annual transportation budget for pedestrian infrastructure audit and retrofit
Good analysis at

22. Los Angeles County 2015 US Federal District Court settlement agreement
Sidewalk system never audited, no transition plan
Sidewalks fail to meet PROWAG running and cross slope tests
LA will spend $1,300,000,000 over the next 30 years to retrofit

23. Council for Disability Rights v. City of Chicago
2005 US Federal District Court settlement agreement
Multi-phased approach to PROW, sidewalks are a program
Sidewalks fail to meet PROWAG running and cross slope tests
City to spend approximately $50,000,000 to retrofit

24. WHAT’S GOING ON WITH IAC?

25. CHANGE IS IMMINENT...
2014 RFP issued by Capital Development Board and work not awarded
CDB and IL AG rewrite
Draft finished in 2016
JCAR process
Likely issued in !

26. WHICH AGENCY INTERPRETS...CDB OR AG DRB?
CDB can advise but cannot issue waivers
Interpretation will be the role of the IL AG Disability Rights Bureau
New IAC content: beaches, playgrounds, sports fields and courts, pools, golf, fitness, PROW, to catch up with the 2010 Standards and the US Access Board
JCAR process will invite comment
Do not go the path of California!

27. LESSONS LEARNED

28. Lean towards yes
To the greatest extent possible adhere to guidance in development
Citizen advisory committees are essential as both communication and risk management
Exceed the minimum
Participate in the development of state and federal guidance

29. Complete access audits of existing sites and facilities
Complete access audits of policies
Complete access audits of programs and services, and how the entity supports people with disabilities
Complete access audits of pedestrian infrastructure
Develop a transition plan that moves promptly to retrofit assets

30. Seek and listen to public feedback on access priorities and preferences
Mandate annual training for contractors and professionals
Adopt an OPDMD policy and a service animal policy
Provide annual training for employees
Fund and implement the transition plan

31. Have not yet experienced an ADA lawsuit? Learn from those who have...
Fire drills: use the Project Civic Access cases as in-house risk management scenarios
Do address the un-addressed elements that cities and villages often develop (community gardens, dog parks, disc golf parks, skate parks, and more)
Do address domestic abuse shelters and emergency shelters
Do address polling places

32. RESOURCES...
US DOJ is an excellent source at or for program and policy advice
US Access Board is best for interpretation of the 2010 Standards for Accessible Design at or
Disability Rights Bureau of the Office of the Attorney General is the IAC source at and
DBTACs great second or third opinion at

33. The W-T Group, LLC Accessibility Division
Doing business as Recreation Accessibility Consultants, LLC
Two Certified ADA Coordinators
One RAS and one CASp
One attorney licensed in IL
John McGovern at or

34. Conclusion... Access and inclusion is everyone’s job
As the types of disabilities and treatments we see become more complex, expect more unusual requests for reasonable modification
With static status of guidance in Washington and Springfield, realize you may have to solve the problem without authoritative state and federal guidance
Invite, ask, and listen before doing...