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 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

7. 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)

8. 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

9. 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.

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

11. 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

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
Northwest ADA Center