2015 IAER Vision Conference

Peter Berg, Great Lakes ADA CenterVickie Simpson, Illinois Attorney General

Disability Rights Bureau of the Illinois Attorney General

Respond to complaints of inaccessibility and other forms of disability discrimination by enforcing state and federal laws to protect the rights of people with disabilities.

Conduct investigations, negotiate and litigate.

Provide information and referral services on disability-related questions.

Committees, legislation and public awareness.

The ADA

Americans with Disabilities Act

Section 504 of the Rehabilitation Act

Illinois Environmental Barriers Act

Illinois Highway Code

The ADA

Title II of the ADA Prohibits public entities (state and local government)

from discriminating against or excluding people with disabilities from their “services, programs, and activities.” 42 U.S.C. § 12132.

Sidewalks are a service, program, or activity subject to Title II program access regulations Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir.

2002)

ADA is a civil rights law Inaccessible sidewalks constitute discrimination

because they deny a person with a disability the “ability to become a self-reliant member of the community.” Lonberg v. City of Riverside, 2007 WL 2005177 (C.D. Cal. 2007).

The ADA

New Construction full compliance with “readily accessible to

and usable by” people with disabilities requirement (Built after Jan. 26, 1992)

Alterations Compliance to the “maximum extent

feasible” with “readily accessible to and usable by” people with disabilities requirement (Altered after January 26, 1992) 28 CFR 35.151(b)

The ADA

Newly constructed or altered highways or walkways trigger curb ramp requirements 28 CFR 35.151(i). See also, Kinney v. Yerusalim, 9 F.3d 1067 (3rd Cir. 1993)

Existing Facilities Program Access (Built before Jan. 26, 1992)

Maintenance of Accessible Features

Accessible features of the facility and equipment must be maintained in operable working condition. 28 C.F.R. § 35.133(a)

Only temporary interruptions are ok▪ Maintenance or repairs

Curb ramps under construction must be fixed promptly

Temporary access during construction

State LawEnvironmental Barriers Act

Governs physical access for people with disabilities.

Its implementing regulation, the Illinois Accessibility Code (IAC), dictates the minimum requirements for accessibility to facilities located in Illinois. Effective May 1, 1988.

Applies to new construction, additions and alterations.

ADA Coordinator Requirements

ADA requirements:

State of local government agencies employing 50 or more employees shall have a designated employee (ADA coordinator) and complaint procedures– 28 C.F.R. § 35.107

Illinois requirements: Publish on their website the name, office address, and

telephone number of the ADA coordinator, if any; Grievance procedures, if any, for resolving complaints

regarding the accessibility of the Title II entities facilities, programs, services, or activities.

Applies to municipalities, counties and townships Effective January 1, 2010

What’s Required in PROWAG?

Curb Ramp for Each Pedestrian Crossing (R207.1) Single curb ramp allowed for alterations

(R2070.2) Detectable Warnings (R208.1)

Curb ramps at pedestrian street crossing Pedestrian refuge islands (≥ 6 ft) Rail crossings/boarding platforms at transit

stops Commercial drives with traffic control

Detectable Warnings

All ramps and raised crossings must have detectable warnings to provide notice underfoot of the change from a pedestrian to a vehicular route.

Detectable Warnings

Required on curb ramps at: Transit facilities (§406.8, DOT standards) FHWY funded projects Public sidewalks (recommended –

PROWAG and IDOT) Boarding platform edges

Not required on curb ramps or hazardous vehicular areas at:

Facilities (non‐transit) located on sites

Detectable Warnings

Full width of the curb ramp (excluding side flares)

24” deep minimum measured from the back of the curb

Detectable Warning Surfaces

R305.1.3 Contrast Light on Dark Dark on Light Yellow is best color for pedestrians with

low vision R305.1.4 Size

2.0 ft minimum in the direction of travel Full width of ramp run (excluding flares)

DW Surface Contrast

DW Surfaces Cover Flush Edge

Detectable Warning Placement

Perpendicular Curb Ramps Back of Curb Grade Break Lower Landing

Parallel Curb Ramps Turning space at back of curb

Detectable Warning PlacementPerpendicular Curb Ramp

Parallel Curb Ramps

Pedestrian At-Grade Rail Crossings

Protruding Objects

27 in < Objects ≤ 80 in

4 in maximum protrusion

Applies to entire pedestrian circulation path

Vertical clearance/protruding objects

Protruding Object Zones

APS and Pedestrian Pushbuttons(PROWAG)

General Pedestrian Signals shall have APS and

pedestrian pushbuttons Comply with MUTCD 4E.08 through 4E.13

Alterations Signal controller and software are altered Signal head replaced

Operable Parts 2” Diameter Use with Closed Fist

APS and Pedestrian Pushbuttons

Pushbutton location

Accessible Pedestrian Signal (APS)

APS – Speaker Location

APS - Tactile Arrow

PROWAG

When the pedestrian access route is detoured, provide an alternate route; same‐side is best, if feasible (in MUTCD)

Resources

• Illinois Accessibility Code http://www.illinoisattorneygeneral.gov/rights/environmental_barriers.html

• ADA Information –Access Board http://www.access-board.gov• (800) 872-2253

• Department of Justice•http://www.ada.gov/ • (800) 514-0301

Illinois contact information

Illinois Department of Transportation ADA Coordinator Juliet Shoultz Juliet.Shoultz@illinois.gov (217) 785-2148

FHWA Illinois Division Traci Baker, Civil Rights Specialist traci.baker@dot.gov (217) 492-4732

Filing a complaint

Local Level ADA Coordinator Human Rights Commission

State Level Illinois Attorney General Illinois Department of Human Rights

Federal Level Designated federal agency▪ DOJ, DOT, DOE, etc.

Vickie Simpson, Policy AdvisorOffice of the Attorney General

Disability Rights Bureau500 S. Second Street

Springfield, Illinois 62706(217) 785-5726 or (217) 524-2660

(877) 844-5461 (tty)vsimpson@atg.state.il.us

www.illinoisattorneygeneral.gov

Peter BergProject Coordinator of Technical AssistanceGreat Lakes ADA Center (MC 728)

1640 W. Roosevelt Road · Room 405

Chicago, IL 60608 (312) 413-1407 (V/TTY)

or (800) 949-4232 (V/TTY) http://www.adagreatlakes.org

Questions?