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

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Presentation on theme: " Respond to complaints of inaccessibility and other forms of disability discrimination by enforcing state and federal laws to protect the rights of."— Presentation transcript:

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3  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.

4  Americans with Disabilities Act  Section 504 of the Rehabilitation Act  Illinois Environmental Barriers Act  Illinois Highway Code

5  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).

6  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)

7  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)

8  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

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11  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.

12  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

13  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

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

15  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

16  Full width of the curb ramp (excluding side flares)  24” deep minimum measured from the back of the curb

17  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)

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20  Perpendicular Curb Ramps  Back of Curb  Grade Break  Lower Landing  Parallel Curb Ramps  Turning space at back of curb

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24  27 in < Objects ≤ 80 in  4 in maximum protrusion  Applies to entire pedestrian circulation path

25  Protruding Object Zones

26  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

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

33 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

34  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

35  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.

36 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) vsimpson@atg.state.il.us www.illinoisattorneygeneral.gov

37 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

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