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This report provides the first evaluation of the enforcement of the Americans with Disabilities Act (ADA). Focuses specifically on the efforts of the Justice Dept. (DOJ) to enforce Title II, Subtitle A, of the ADA, which prohibits discrimination based on disability by public entities such as State and local governments. It evaluates DOJs regulations and policies clarifying the language of the statute; processing of complaints of discrimination based on disability; litigation; and outreach, education, and technical assistance efforts relating to the act. Assesses DOJ's effectiveness as coordinator of the ADA enforcement efforts of 7 other Federal agencies.
Excerpt from Helping State and Local Governments Comply With the Ada: An Assessment of How the United States Department of Justice in Enforcing Title II, Subpart A, of the Americans With Disabilities Act Thus, title II, subtitle A, limits its coverage to qualified individuals with disabilities. Subtitle A defines qualified individual with a disability as. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Assessment of how the United States Department of Justice is enforcing title II, subpart A, of the Americans with Disabilities Act.
This revised title II regulation integrates the Department of Justice's new regulatory provisions with the text of the existing title II regulation that was unchanged by the 2010 revisions. Includes a section for guidance and analysis.
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
This manual is an edited collection of recent articles and resource materials prepared by the American Bar Association's Commission on Mental and Physical Disability Law. This manual discusses in detail the first three titles of the ADA, dealing with employment, state and local government services, and public accommodations, and devotes less attention to Titles IV and V, concerning telecommunications and the Act's miscellaneous provisions. A major audience for this manual is the public sector: state and local governments, courts, and other publicly supported programs and activities. Substantial portions of the manual will also be useful for employers, businesses, libraries, and the legal profession, including lawyers, law firms, and law schools. Moreover, the manual is written for both lawyers and non-lawyers.
The Department of Justice, responding to the New Freedom Initiative, a comprehensive set of goals and a plan of action to ensure that people with disabilities face no further obstacles to full participation in our free market economy and society, has increased and improved its implementation of the ADA. The goal of the ADA is simple -to open up all aspects of American life to people with disabilities. For too long, people with disabilities were held back by old modes of thinking and old methods of building. Prevailing attitudes made it hard for people with disabilities to get an education or to get a job. Barriers in society prevented people with disabilities from getting where they needed to go to build a better life. This Report demonstrates that our robust enforcement program sets the standard for ADA compliance nationwide. Our highly respected technical assistance program annually helps millions of people understand and comply voluntarily with the ADA. With Project Civic Access, we assist local governments around the country as they make their programs and services more accessible to people with disabilities. Our unique mediation program helps resolve ADA disputes. Our ADA Business Connection brings together local business and disability leaders, helping them facilitate access of people with disabilities to products and services, which in turn expands business markets. With these tools, we have helped provide people with disabilities greater access to health care, emergency services, town halls, courts, transportation, education, employment, stores, hotels, restaurants, movie theaters, sports arenas, childcare centers, and other settings in communities across America. This Report provides dozens of examples of such achievements over the years. The following pages tell the remarkable story of how the Department of Justice over the years has worked to bring about these vital changes that not only enable people with disabilities to benefit from all of the richness of American life, but also allow America to benefit from all of the skills and talents that people with disabilities have to offer. Note: some images have intentionally be left blank.
Covers many of the significant local government provisions of the ADA and the implementing regulations issued on July 26, 1991. Includes: who1s protected, requirements, applications and tests, insurance, recordkeeping, and much more.