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ADA

Resource Guide

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Deborah Smith

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Center on Court Access to Justice for All

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.

General

ADA Regional Offices . The ADA National Network consists of ten Regional ADA National Network Centers located throughout the United States. These centers are not enforcement or regulatory agencies  but  serve as a resource supporting the ADA’s mission.
A Guide to Disability Rights Law. (July 2009). Washington, D.C.: U.S. Department of Justice, Civil Rights Division This guide provides an overview of federal civil-rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed within.
Accessible Information Exchange: Meeting on a Level Playing Field. (April 2009). U.S. Department of Justice. Disability Rights Section Three components are key to presenting meetings that are accessible to people with disabilities: where the meeting is held, how the meeting room furniture is arranged, and how the meeting information is communicated.  This guide provides suggestions on promoting greater collaboration to customers and others with disabilities.
The ADA Amendments Act of 2008.

Job Accommodation Network.

 The Job Accommodation Network is a service provided by the U.S. Department of Labor's Office of Disability Employment Policy (ODEP) and it has provided this resource that details the recent changes to the Americans with Disabilities Act (ADA).  Effective January 1, 2009, the Americans with Disabilities Act (ADA) Amendments Act of 2008 goes into effect, making some major changes to the way the definition of disability has been interpreted in the past. The changes apply to both the ADA and the Rehabilitation Act.
Long, Alex B. Introducing the New and Improved Americans with Disabilities Act: Assessing the ADA Amendments Act of 2008. (2008). Northwestern University Law Review 103 p. 217-229 This article (accessed from the Social Science Research Network) discusses the effect of the 2008 amendments to the Americans with Disabilities Act.  Among the issues discussed is the changing definition of "disability," additions to the list of "major life activities," and accommodation to those regarded as having a disability.
Enforcement Activities Under the Americans with Disabilities Act Title II: Programs, Services and Activities of State and Local Courts. (June 2004). Court Consulting Services Division.

This compilation sets forth various enforcement activities of the U.S. Department of Justice, Civil Rights Division, Disability Rights Section in furthering compliancy by state and local courts with the requirements of the Americans with Disabilities Act.
Making Accessibility Real: A Guide to Planning Meetings, Conferences and Gatherings. (2003).

Chestnut Hill, Mass.: Home and Community-Based Resource Network.

 This guide provides suggestions  and strategies for making your meeting or gathering more accessible to persons with disabilities.  The appendices contain sample forms and a feedback questionnaire.
Cohen, Judy, with illustrations by Yvette Silver. Disability Etiquette: Tips on Interacting with People with Disabilities. (2003).

Jackson Heights, NY: United Spinal Association.

 This illustrated guide provides useful tips and proper etiquette for interacting with persons with disabilities. 
Williams, Jo. Communication Accessibility in the Courts. (June 2002). Court Consulting Services Division.

General information on ADA compliance with legalities concerning individuals with communication disabilities.
ADA Guide for Small Towns: A Guide for Small Local Governments Including Towns, Townships, and Rural Counties. (2000). Washington, D.C.: U.S. Department of Justice, Civil Rights Division, Disability Rights Section "This guide presents an informal overview of some basic ADA requirements and provides cost-effective tips on how small towns can comply with the ADA"--Intro. The guide discusses program accessibility, existing construction, and new construction and provides numerous examples.
Kuban, Gerald. Americans with Disabilities Act (ADA): Resource and Training Materials Supplement Update. (October 1996). 247 pages. Court Services Division.

Collection of materials on various topics concerning the ADA from agencies, such as the Department of Justice and the American Bar Association.
Americans with Disabilities Act of 1990. www.ada.gov This link provides the current text of the ADA, as amended.
ADA Enforcement. Washington, D.C.: U.S. Dept. of Justice, Civil Rights Division, Public Access Section If negotiations to settle a dispute under ADA have failed, then the Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. This site provides information on ADA enforcement and links to status reports on selected ADA activities by the Department of Justice.
ADA Home Page. Washington, D.C.: U.S. Department of Justice This web site, by the U.S. Department of Justice, Disability Rights Section, provides information and technical assistance on the ADA. 
ADA Hot Links and Document Center. Washington, D.C.: U.S. Department of Labor. Job Accommodation Network The Job Accommodation Network is a service of the Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor.  Its mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members, and other interested parties with information on job accommodations, self-employment, small-business opportunities, and related subjects.
Archive ADA: The Path to Equality. Georgetown University Law School. This site serves as a comprehensive, online archive of documents and history related to the Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008 (ADAAA).  Here you can find the text of the law, legislative history, congressional hearings, Supreme Court cases, federal regulations, policy and advocacy documents and additional information related to the passage of the original ADA and the ADAAA. 
Disability Rights Online News.

U.S. Department of Justice.

 Disability Rights Online News is a bi-monthly update about the Civil Rights Division’s activities in the area of disability rights. The Division enforces laws prohibiting discrimination based on disability in employment, housing, access to businesses serving the public, access to government programs and services including voting and public transportation, and unconstitutional conditions in institutions of confinement.

Courthouse Accessibility

Tyler, Greta. Assisting the Blind and Visually Impaired. (June 2002). Court Consulting Services Division.

General information on ADA compliance with legalities concerning the visually impaired.
Yeh, Chang-Ming. Court Facility Accessibility Reference Guide. (1992).

This brief excerpt from "The Americans with Disabilities Act: Title II: Self-Evaluation" focuses on three areas: facility accessibility, facility site accessibility, and general building elements accessibility.
The Americans with Disabilities Act: Title II Technical Assistance Manual. (1992). Washington, D.C.: U.S. Department of Justice, Civil Rights Division, Office on the Americans with Disabilities Act "This technical assistance manual addresses the requirements of Title II of the Americans with Disabilities Act, which applies to the operations of state and local governments"--Intro. The 1994 supplement contains answers to common questions to promote a clearer understanding of the requirements.

Court Specific Resources

Responding to Requests for Accommodations by Persons With Disabilities. (2007). San Francisco, Calif.: Judicial Council of California This online pamphlet answers many of the common questions that court personnel have concerning California's rule 1.100 for implementing the ADA.    
For Persons with Disabilities Requesting Accommodations: Questions and Answers About Rule of Court 1.100 for Court Users. (2007). San Francisco, Calif.: Judicial Council of California The Judicial Council of California has adopted rule 1.100 to implement the federal ADA and related state law in the courts.  The rule enables court users who may have a disability to request accommodations from a court.  This online resource is a pamphlet provided to the public with many of the common questions and answers concerning this rule.    
Disability Etiquette: Interacting with Persons with Disabilities. (2007). San Francisco, Calif.: Judicial Council of California This online resource is a pamphlet produced by the Judicial Council's Access and Fairness Advisory Committee to provide information on general etiquette when interacting with persons with disabilities.
Pollock, Phillip M. and Tricia Knox. Creating Accessible Documents Using Microsoft Word. (2007). Florida State Courts System This publication illustrates how simple it is to use Microsoft Word to create documents that comply with Section 508 accessibility standards. Contained within this publication are standards and best practices so that assistive technologies (like a screen reader) can effectively "translate" the information.
Ensuring Equal Access for People with Disabilities--A Guide for Washington Courts. (August 2006). Washington State Access to Justice Board. This Guide is intended as a resource for Washington judges, administrative law judges and hearing officers, court administrators, and court staff as they work to eliminate barriers presented by their buildings and practices.   
Opening the Bench & Bar to People With Disabilities: Manual for Court Disability Coordinators. (2005). Office of the Illinois Attorney General Court Disability Coordinators (CDCs) have been established in each Illinois Judicial Circuit to assist people with disabilities in the legal system. CDCs are appointed by the Chief Judge of their Circuit Court and have access to a vast array of resources, people and agencies that can assist in ensuring program accessibility for people with disabilities in a judical setting. Training and technical assistance for CDCs are provided by the Illinois Attorney General’s Office. This manual is intended to assist them in opening the courthouse doors to people with disabilities.
Access to Courts: A Resource Guide to Providing Reasonable Accommodations for People with Disabilities for Judicial Officers, Probation and Court Staff. (2004).

Colorado Judicial Department.

 This guide provides judicial officers, probation, and court staff with a resource that defines when and how accommodation is to be made for people with disabilities and information concerning proper disability etiquette.
Services Available Under the Americans with Disabilities Act. (2002). Sacramento, Calif.: Superior Court of California, County of Sacramento An example of a court brochure outlining court services for the disabled, services that require advance notice, and ADA contact persons.
Comer, Ernst. Implementation of the Americans with Disabilities Act in the New Jersey Judicial System. (June 2002). NCSC and NJ Judicial System.

This article discusses how the New Jersey State Administrative Office of the Courts (AOC) set out in 1993 to establish a comprehensive program to implement the Americans with Disabilities Act and other applicable disability laws throughout the courts in New Jersey.
Disability Access to Judiciary Programs, Services, and Activities. (2001). Honolulu: Hawaii Judiciary Department, Affirmative Action Office This resource provides guidance for court personnel when assisting persons with disabilities.  The resources in this guide contain information on disability laws, general nondiscrimination requirements, types of possible accommodations such as auxiliary aids and alternate formats, suggested sample statements, and announcements and facility access.
Jury Service Accessibility for Older Persons and Persons with Disabilities in Florida. (1999). Southeast Florida Center on Aging and the Florida Supreme Court Commission on Fairness The primary goals of this Florida project were to determine the accessibility of jury service for older citizens and citizens with disabilities and recommend steps that could be taken to enhance the accessibility of jury service.
A Handbook for Georgia Court Officials on Courtroom Accessibility for Individuals with Disabilities.

Atlanta, Ga.: Georgia Administrative Office of the Court.

 This manual was created for state court officials. Part III establishes a disability/accommodation protocol.
Court Access for the Disabled.

Trenton, N.J.: New Jersey Courts.

 This site provides the New Jersey State Court's Judiciary ADA Policy Statement, access to accommodation requests, and an outline for filing or handling a complaint about access to judicial programs, services, and activities.
Florida State Courts Publications for Americans with Disabilities Act. Tallahassee, Fla.: Florida Office of the State Courts Administrator This site contains links to several Florida court publications, such as Florida Court ADA Coordinators, Access to the Courts for Persons with Disabilities: Renewing the Judicial Branch Commitment, and grievance procedures and forms.
Vendors of Access Technology.

Access Technology Vendors from the Court Technology Vendor List.

Evaluations Settlements

Access to the Florida Courts: Identifying and Eliminating Architectural Barriers. (April 2008). Court Accessibility Subcommittee The Florida court system conducted self evaluations and developed transition plans shortly after the enactment of the ADA. However, as the courts have become more knowledgeable and sophisticated about the ADA and many architectural changes have occurred in court facilities over the intervening years, Chief Justice R. Fred Lewis tasked the court system with re-surveying the public areas of all court facilities and developing updated transition plans.
Americans with Disabilities Act (ADA), Title II, Self-Evaluation and Transition Plan. (March 2007). City of Elk Grove, California The City of Elk Grove, California is an example of a city performing self-assessment for ADA compliance. "The purpose of this City of Elk Grove Americans with Disabilities Act (ADA) Title II Self-Evaluation is to document the results of the City’s review of access to programs, services and activities by individuals with disabilities in order to determine if there are any discriminatory or potentially discriminatory practices, policies or procedures. This report contains findings and recommendations based on that review"--Purpose.  This report is a comprehensive review of ADA accessibility efforts by a local government.
State by State ADA Highlights. (2006). Williamsburg, Va.: National Center for State Courts This resource is the result of a listserv request initiated by Knowledge and Information Services regarding the ADA efforts of various courts. Some of the efforts mentioned are whether courts have an ADA coordinator, provide training for their employees, and have ready access to accessibility devices. Links to court Web sites concerning ADA efforts and policies are also provided.
Public Hearings Report: Access for Persons with Disabilities. (1996). San Francisco, Calif.: California Judicial Council Standing Advisory Committee on Access and Fairness. Access for Persons with Disabilities Subcommittee The Subcommittee on Access for Persons with Disabilities, concerned with access to the courts, undertook a research program to assess "the perceptions and experiences of persons with and without disabilities who have business with the courts concerning the treatment and access afforded to persons with disabilities who come before the courts, participate in court programs, activities or services"--Intro. This report details the results of their efforts and serves as a guide for further improvements in accessibility.  
The Americans with Disabilities Act: Title II: Self-Evaluation. (1992).

This document provides general information to promote voluntary compliance with the ADA. It provides guidance for courts conducting their ADA Self-Evaluations and includes information on general administrative requirements, employment policies and procedures, information concerning services a court may offer, an accessibility reference guide for court facilities, and an accessibility survey.

ADA Mediation

Cohen, Judith. Workplace Disability Conflict Management. (October 2006). Mediate.com This article contains a collection of -- “Best Practices for Workplace Disability Conflict Management” – and was compiled from best practices in ADA workplace conflict management submitted in response to an open call from Mediate.com. The recommendations can be used to guide internal staff as well as external mediators and consultants.
Cohen, Judith. The ADA Mediation Guidelines: A Community Collaboration Moves the Field Forward. (2000). Cardozo Journal of Conflict Resolution, Vol. 2, No. 2 The usefulness of mediation in addressing complex issues, such as those presented in ADA cases, has been well documented and discussed. Mediation is especially well suited for resolving ADA complaints. This article describes how a group of 12 mediators resolved  various ADA-related issues, such as accessible process and informed consent.
ADA Mediation Articles.  Mediate.com provides links to a wide range of related articles on mediating ADA disputes.
ADA Mediation Guidelines. Cardozo Journal of Conflict Resolution These guidelines provide direction for mediators, administrators, funders, and consumers of ADA mediation. They also provide direction for disability access in any type of mediation involving persons with disabilities, such as family, commercial, or labor mediation. The guidelines are available to be followed voluntarily by individual mediators and mediation provider organizations who wish to signal to potential parties and mediation participants their familiarity with disability issues and their commitment to high-quality ADA mediation services.
Questions and Answers for Mediation Providers: Mediation and the Americans with Disabilities Act (ADA). (May 2005). Washington, D.C.: U.S. Equal Employment Opportunity Commission, National Council on Disability and U.S. Department of Justice "This technical assistance document addresses frequently asked questions regarding the ADA and mediation.  The topics addressed include how to provide access to mediation for participants with disabilities, what types of accommodation may be required, how to handle associated costs, and suggested ADA training of mediators"--Intro.

Facilities Design

Yanchulis, Dave. Achieving Accessible Courthouses. (June 2007). Building Safety Journal This article is a summary of several of the most widely applicable recommendations from the Access Board's report, "Justice for All: Designing Accessible Courthouses." 
Justice for All: Designing Accessible Courthouses. (November 2006). Washington, D.C.: U.S. Access to Justice Board. Courthouse Access Advisory Committee. This resource contains a set of recommendations from the Courthouse Access Advisory Committee, which is composed of 35 members including designers and architects, disability groups, attorneys, members of the judiciary, court adminstrators and others who developed design solutions and recommendations for accessible courthouses.
ADA Accessibility Guidelines for Buildings and Facilities. (2002). Washington, D.C.: U.S. Architectural and Transportation Barriers Compliance Board "This document contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. These scoping and technical requirements are to be applied during the design, construction, and alteration of buildings and facilities covered by Titles II and III of the ADA to the extent required by regulations issued by Federal agencies, including the Department of Justice and the Department of Transportation, under the ADA"--Purpose. 
Judiciary Brings Greater Level of Access to Disabled. (November 2002). The Third Branch This article highlights programs and developments in many courts across the country to improve courtroom facilities for disabled jurors.
ADA and ABA Accessibility Guidelines. U.S. Access Board This resource from the U.S. Access Board serve as a baseline for standards used to comply with the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA).  Included in this resource is a comparison of the guidelines with the International Building Code.
Lochner, Todd Legal Note: The Americans with Disabilities Act and Courthouse Access. Justice System Journal

This paper addresses the issue of what measure courts must take to provide access to disabled citizens. The author reviewes Tennessee v. Lane (2004), where the Supreme Court held that Congress legitimately enabled the Americans with Disabilities Act (ADA) to create a cause of action against courts that fail to provide reasonable accommodations for disabled citizens.

Web Site Design

Howells, Debbie, Tricia Knox, Phil Pollock and Robert Craig Waters. Court Web Site Disability Access. (2008).

Access to courts regardless of an individual’s disabilities is a fundamental value of the American justice system, required by federal law. With the explosion of information distributed through technology, courts are rapidly coming under scrutiny to make this technology, including their Web sites, comply with the law or else risk lawsuits.
Knox, Tricia et al. Web Accessibility for Your Court Web Site. (2007). Florida Supreme Court and Office of the State Court Administrator What makes a website accessible for those with disabilities?  This session from the Tenth Court Technology Conference (CTC10) explores both the legal and technological issues all of us face in providing equal access. It contains guidelines for website content accessibility as well as "quick fixes" to make your court's website more accessible.  It also includes a legal overview by the Florida Supreme Court's communications counsel, and technological overviews by the Court's webmaster and the webmaster for the Florida Administrative Office of the Courts.  The accompanying Powerpoint presentation can be accessed here.
ABA Resolution and Report on Website Accessibility. (2007). Washington, D.C.: American Bar Association This resource contains the full text of ABA Resolution 108 regarding Web accessibility and contains a special report from the ABA Commission on Mental and Physical Disability Law discussing how you can make your Web site more accessible. It also includes a related article: "Website Accessibility and Persons with Disabilities," by Jonathan Simeone. 
Accessibility of State and Local Government Web Sites to People with Disabilities. (June 2003). Washington, D.C.: U.S. Department of Justice, Disability Rights Section This resource from the Department of Justice illustrates some of the barriers faced by people with disabilities trying to conduct business on state and local government Web sites.  It provides a list of resources for Web developers and an action plan for accessible Web site design.
ADA Complaint Web Sites: Standards for Accessibility. (June 2001). Washington, D.C.: U.S. Access Board Section 508 of the Federal Rehabilitation Act requires access to electronic and information technology procured by federal agencies. The United States Access Board has developed accessibility standards for the various technologies covered by the law. This section of federal 508 standards applies to intranet and Internet information and applications and provides the requirements that must be followed by federal agencies when producing Web pages for accessibility.
Title II Checklist for Web Site Accessibility. U.S. Department of Justice. ADA Best Practices Toolkit The Department of Justice has produced a checklist as part of a tool kit designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities.  This resource is a checklist for providing accessibility to web sites.
Website Accessibility Under Title II of the ADA. U.S. Department of Justice This resource outlines the requirements of Title II of the ADA as they apply to state and local government websites. Some of the issues discussed are the provisions of Title II of the ADA that apply to websites, the technologies used by people with disabilities to access the Internet, how poorly designed websites pose barriers to people with disabilities, and the steps that state and local government agencies can take to ensure website accessibility for people with disabilities.

Emergency Preparedness

An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities. U.S. Department of Justice, Disability Rights Section One of the most important roles of local government is to protect their citizenry from harm, including helping people prepare for and respond to emergencies. Making local government emergency preparedness and response programs accessible to people with disabilities is a critical part of this responsibility. This guide provides a good resource for those persons responsible for their community’s emergency planning or response activities and illustrates how you should involve people with disabilities in identifying needs and evaluating effective emergency management practices.
Emergency Evacuation of People with Physical Disabilities from Buildings: 2004 Conference Proceedings. (2005). Washington, D.C.: U.S. Department of Education. Interagency Committee on Disability Research This conference provided a forum for leaders, first responders, industry representatives, people with physical disabilities, and others to discuss the impact of building and life safety codes on the evacuation of people with physical disabilities from buildings, the current evacuation procedures for people with physical disabilities from the first-responder perspective, the experiences of people with physical disabilities during emergency evacuations from buildings, the design and development of different types of evacuation devices, and the current state of research on mobility equipment, human factors, and egress modeling.
Emergency Preparedness Initiative. Washington, D.C.: National Organization on Disability The National Organization on Disability has produced this web site as a valuable resource for their Emergency Preparedness Initiative.  It contains the latest news and alerts as well as a host of resources concerning emergency preparedness and persons with disabilities. 
Title II Checklist for Emergency Management. U.S. Department of Justice. ADA Best Practices Tool Kit The Department of Justice has produced the ADA Best Practices Tool Kit to assist state and local governments with ADA compliance.  This checklist is designed for use as a preliminary assessment of your state or local emergency management programs, policies, procedures, and shelter facilities.