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.
Americans with Disabilities Act Section 504 of the Rehabilitation Act Illinois Environmental Barriers Act Illinois Highway Code
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 (9 th 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).
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)
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)
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
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 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
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
All ramps and raised crossings must have detectable warnings to provide notice underfoot of the change from a pedestrian to a vehicular route.
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
Full width of the curb ramp (excluding side flares) 24” deep minimum measured from the back of the curb
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)
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
When the pedestrian access route is detoured, provide an alternate route; same ‐ side is best, if feasible (in MUTCD)
Illinois Accessibility Code http://www.illinoisattorneygeneral.gov/rights/e nvironmental_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 Department of Transportation ADA Coordinator Juliet Shoultz Juliet.Shoultz@illinois.gov (217) 785-2148 FHWA Illinois Division Traci Baker, Civil Rights Specialist email@example.com (217) 492-4732
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 Advisor Office of the Attorney General Disability Rights Bureau 500 S. Second Street Springfield, Illinois 62706 (217) 785-5726 or (217) 524-2660 (877) 844-5461 (tty) firstname.lastname@example.org www.illinoisattorneygeneral.gov
Peter Berg Project Coordinator of Technical Assistance Great 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