JUSTICE DEPARTMENT ANNOUNCES AGREEMENTS THAT IMPLEMENT
PRESIDENT BUSH'S ‘NEW FREEDOM INITIATIVE' TO HELP AMERICANS WITH
DISABILITIES

21 State And Local Governments Agree To Ensure Civic Access For People With Disabilities

WASHINGTON, D.C. - - Assistant Attorney General for Civil Rights Ralph F. Boyd, Jr. announced today agreements with 21 communities, including the State of Delaware, that will improve access for people with disabilities to all aspects of civic life, including city and town halls, courthouses, libraries, polling places, police stations, and parks. Among the communities is San Antonio, Texas; New Orleans, Louisiana; Savannah, Georgia; and Biloxi, Mississippi.

The agreements are in the spirit of President George W. Bush's New Freedom Initiative to tear down the barriers faced by 54 million Americans with disabilities who may be prevented from working and fully participating in community life. The New Freedom Initiative implements the U.S. Supreme Court's 1999 decision, Olmstead v. L.C. which requires states to place individuals with disabilities in community settings rather than institutions, where placement is appropriate and reasonable in order to provide them with greater access to community life.

"Now more than ever we Americans treasure our freedoms – whether to participate in a town council meeting, bring a claim to county court, attend a graduation at the municipal auditorium, or enjoy our city parks, libraries, or museums," said Boyd. "This Administration is committed to helping state agencies, counties, cities, towns, and villages comply with the Americans with Disabilities Act by eliminating the physical and communication barriers that prevent people with disabilities from participating fully in their communities."

Today's announcement is part of Project Civic Access, the Justice Department's wide-ranging initiative to ensure that state facilities, counties, cities, towns, and villages comply with the Americans with Disabilities Act (ADA). The agreements are the result of investigations and compliance reviews conducted by the Justice Department to determine if city and state governments were providing adequate access for people with disabilities to services and programs as required by the ADA.

The 21 settlements announced today cover the programs of the:

Delaware State Department of Justice Robertsdale, Alabama; Fairbanks, Alaska; Seaside, California; Savannah, Georgia; Kauai, Hawai; Warren County, Illinois; New Albany, Indiana; Perry County, Kentucky; New Orleans, Louisiana; Brookline, Massachusetts; Biloxi, Mississippi; Springfield, Missouri; Seward, Nebraska; Boulder City, Nevada; Narragansett, Rhode Island; Allendale, South Carolina; Butte County, South Dakota; San Antonio, Texas; Logan, Utah; Craig County, Virginia

The Justice Department has secured 50 settlement agreements under the Project, which consisted of reviews of 55 localities and states, and continues to work on the remaining five. reviews.

Depending on the circumstances in each community, the agreements address specific areas where access can be improved. The agreements require certain communities to:

• improve access at city and town halls; sheriff's offices; police and fire stations; courthouses and a magistrate's offices; a voter registration building; a public health center; cemeteries; convention centers; libraries; museums; airports; senior activities centers; fairgrounds; sports facilities; golf courses; parks; a public dock, beach pavilions and cabanas; pools; a gazebo; zoos; and skating rinks;
• find accessible locations to use as polling places;
• install additional text telephones (TTY) equipment for 9-1-1 emergency services, and for offices that receive calls from the public or provide information to the public by telephone, for people who are deaf, hard of hearing, or have speech impairments;
• install assistive listening systems in courtrooms, stadiums, and council chambers;
• provide delivery systems and time frames for providing auxiliary aids, including sign language interpreters and materials in Braille, large print, or on cassette tapes; and
• establish grievance procedures for resolving complaints of violations of title II of the ADA and appoint an employee to coordinate the community's efforts to comply with the ADA.

In addition, one of the agreements requires a local community to create a fund to assist disabled individuals living in the community. The fund, consisting of an initial $2,500 in an escrow account with an additional $2, 500 to be added each year thereafter for five years, will be overseen by a local Independent Living Center. This provision was created in response to alleged retaliation against the Independent Living Center for representing a person with a disability at a county council meeting and requesting that the meeting be moved to an accessible location. The fund will be named in memory of that person.

Two informational guides, "Americans with Disabilities Act: A Guide for Small Towns" and "The ADA and City Governments: Common Problems," review the ADA's requirements and offer practical examples of how to comply. They are available on the Department's ADA website at http://www.usdoj.gov/crt/ada/smtown.htm and http://www.usdoj.gov/crt/ada/comprob.htm or through the Department's ADA Information Line.

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in the programs, services, and activities of state and local governments. Public entities must make reasonable modifications in policies that deny equal access, provide effective communication, and make their programs accessible through the removal of barriers or through alternate methods of program delivery, unless an undue burden or fundamental alteration of the program would result.

People interested in finding out more about the ADA or the agreements can access them through the ADA home page http://www.usdoj.gov/crt/ada/adahom1.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).

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