Federal Legislation Aims to Reduce Use of Restraints in Schools

The Obligations of Religious Organizations Under the ADA

Question: 

I would like to know if religious buildings are exempt under the State of Illinois disabilities act. I know that they are under the federal ADA, but I am unsure about the State of Illinois. 

Answer: 

Thank you very much for your question. It raises several interesting issues. In order to fully address your question, I will discuss the obligations of religious organizations under the ADA (Americans with Disabilities Act), the Illinois Human Rights Act, and other relevant laws. 

In general, while religious organizations have some exemptions under the Illinois Human Rights Act, there are situations where the facilities of a religious organization will be covered by the law. In addition, newly constructed facilities or facilities that are renovated are required to be accessible under the Illinois Environmental Barriers Act and the Illinois Administrative Code. 

Your statement that religious buildings are exempt under the federal ADA is often repeated but is only partially accurate. “Religious organizations” are exempt as a public accommodation under Title III of the ADA. Religious organizations are NOT exempt as employers under Title I of the ADA. In order to fully explain this distinction, let me provide some background information about the Rehabilitation Act and the ADA. 

Religious Organizations That Receive Federal Funds Are Covered Under The Rehabilitation Act of 1973 

Prior to passage of the ADA, the main law that prohibited disability-based discrimination is the Rehabilitation Act of 1973 (Rehab Act). Under Section 504 of the Rehab Act, which is still in effect, any facility that receives federal funding is prohibited from discriminating on the basis of disability. There is no exemption for Religious organizations under Section 504. Therefore, if a religious entity that receives Federal funds is physically inaccessible to people with disabilities, it may be guilty of discrimination under Section 504 of the Rehab Act. 29 U.S.C. Sec. 794. Section 504 of The Rehab Act provides: 

No otherwise qualified individual with a disability in the United States, … shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service… 

Small providers are not required…to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services is available. 

The ADA 

The ADA expands the coverage of The Rehab Act. The ADA is the 1990 Civil Rights Law designed to protect the civil rights of people with disabilities in the United States of America. The ADA seeks to ensure that people with disabilities are fully integrated into the fabric of society and enjoy the same opportunities as people without disabilities. The ADA prohibits discrimination through inaccessibility or other means, requires that businesses provide reasonable accommodations to employees with disabilities, and provides that facilities and services be made accessible. The ADA is divided into five parts called Titles. These Titles are: 

• Title I: Employment
• Title II: State and Local Governments and Public Transportation
• Title III: Public Accommodations and Commercial Facilities
• Title IV: Telecommunications
• Title V: Miscellaneous

42 U.S.C. § 12101 et seq. 

We will examine religious organizations under Title III of the ADA, which covers place of public accommodation, and Title I of the ADA, which concerns employment issues. 

Religious Organizations Are Exempt Under Title III of the ADA 

As you noted in your question, religious Organization are exempt from coverage under Title III of the ADA as public accommodations (as are private clubs). The religious organization exemption is the result of the efforts of Senator Orrin Hatch. Section 307 of the ADA provides that “[t]he provisions of this subchapter shall not apply to private clubs… or to religious organizations or entities controlled by religious organizations, including places of worship.” 42 U.S.C. § 12187. 

As noted in the preamble to the ADA title III regulation: 

[T]he ADA’s exemption of religious organizations and religious entities controlled by religious organizations is very broad, encompassing a wide variety of situations. Religious organizations and entities controlled by religious organizations have no obligations under the ADA. Even when a religious organization carries out activities that would otherwise make it a public accommodation, the religious organization is exempt from ADA coverage. Thus, if a church itself operates…a private school, or a diocesan school system, the operations of the…school or schools would not be subject to the ADA or [the title III regulations]. The religious entity would not lose its exemption merely because the services provided were open to the general public. The test is whether the church or other religious organization operates the public accommodation, not which individuals receive the public accommodation’s services. 

56 Fed. Reg. 35,554 (July 26, 1991). 

Non-Religious Entities that Lease Space from Religious Organizations Are NOT Exempt Under Title III of the ADA 

This exemption for the facilities of religious organizations does not extend to non-religious entities that rent facilities owned by religious organizations. Non-religious entities may be subject to Title III of the ADA when operating places of public accommodation in inaccessible facilities that are rented from a religious organization. Only the non-religious entity has ADA liability in this situation, the religious organization does not. This liability only exists when the non-religious entity pays rent to the religious organization for the facility. There is no liability if the religious organization does not collect rent but rather donates the facility to the non-religious organization. See 56 Fed. Reg. 35,554 (July 26, 1991); Department of Justice ADA Title III Technical Assistance Manual SIII-1.5200 (1992). 

For example, a community theatre presenting a play in a church auditorium is exempt only when the church donates the space. However, the non-religious public accommodation is covered by the ADA when the space is rented for money or any other consideration from the church. If the facilities are rented, the community theatre is covered by the ADA but the church is not. 

Religious Organizations Are NOT Exempt Under Title I of the ADA 

In addition, it is important to note that religious organizations are covered as employers under Title I of the ADA. Title I covers all employers with 15 or more employees. Under Title I, a religious organization may need to make modifications to a religious building to accommodate an employee with a disability even though they do not have to modify the building to accommodate other members of the public. Making facilities accessible for employees with a disability is considered a “reasonable accommodation” under Title I of the ADA. (As noted below, The Illinois Human Rights Act covers all employers with one or more employees including religious organizations). 

Religious Organizations Under Illinois Law 

You may have noticed that, so far, I have not answered your question which concerned coverage of religious entities under the Illinois law. There is no “Illinois Disabilities Act,” but there are several other state laws that apply to people with disabilities such as: 

• The Illinois Human Rights Act
• The Illinois Environmental Barriers Act
• The Illinois Accessibility Code

The Illinois Human Rights Act 

The Illinois Human Rights Act (HRA) is the state’s major anti-discrimination statute. The Human Rights Act protects people with “handicaps” (sic). Like the ADA, the public accommodations provision of HRA exempts private clubs and religious organizations from coverage as places of public accommodation. 

The public accommodation exemption for religious organizations is contained in Section 5 103 of the law which provides: 

Nothing in this Article shall apply to: 

(A) Private Club. A private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the establishment are made available to the customers or patrons of another establishment that is a place of public accommodation. 

There is a difference between the two laws in the situation where a religious organization rents facilities to a non-religious organization. As mentioned above, under the ADA, only the non-religious organization is liable. Under the HRA however, both the non-religious and the religious organization are subject to the law. 

In the employment setting, religious organizations are covered as employers under both the ADA and HRA. An important difference is the fact that the HRA covers employers of any size, whereas the ADA only covers employers with 15 or more employees. The Illinois Human Rights Act can be found in the Illinois Revised Statutes at 775 ILCS 5/5-101 et seq. 

The Illinois Environmental Barriers Act and the Illinois Administrative Code 

The above analysis concerned existing facilities. However newly constructed facilities or those that are altered are covered under Illinois law even if owned or used by religious organizations. The Illinois Environmental Barriers Act (EBA) is a state law requiring that certain newly constructed or altered public facilities must comply with certain accessibility standards. These standards are known as the Illinois Accessibility Code (IAC). These standards also apply to newly constructed multi-story housing structures. The Illinois Environmental Barriers Act and the Illinois Accessibility Code do not exempt religious organizations under the public accommodations or employer provisions. The EBA is found at 410 ILCS 25. The IAC is located at 71 Ill. Adm. Code 400.Environmental Barriers Act 

The Environmental Barriers Act provides accessibility requirements for new construction and certain alterations. The EBA requires that: 

Illinois Environmental Barriers Act (410 ILCS 25/5) 

(a) The standards adopted by the Capital Development Board shall apply to:
1) Public Facilities; New Construction. Any new public facility or portion thereof, the construction of which is begun after the effective date of this Act.(b) Alterations. Any alteration to a public facility shall provide accessibility as follows: 

1) Alterations Generally. No alteration shall be undertaken that decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction at the time of alteration. 

The EBA also requires a Statement of Compliance by the architect/engineer unless the cost of construction or alteration is less than $50,000. The Statement must certify that the plans and specifications for the building are in compliance with the EBA. The Statement is filed with the County Clerk or with the governmental unit contracting for the work. 

The Illinois Accessibility Code 

The Illinois Accessibility Code is a set of standards adopted by the Capital Development Board to implement the Environmental Barriers Act. The IAC includes design requirements for buildings as well as all spaces and elements within the buildings. The IAC seeks to ensure that buildings covered by the EBA are designed, constructed, and/or altered so that they are readily accessible to, and usable by, individuals with disabilities. The IAC has the force of a building code for the State of Illinois and applies to new construction, alterations, additions, historic preservation, restoration, or reconstruction of any building covered by the EBA. 

Section 400.130 of the IAC states: 

a) Buildings and facilities covered: This Code applies to all “public facilities” and “multi-story housing units” as defined and governed by the EBA and located, in whole or in part, within the legal geographic boundaries of the State of Illinois, unless specifically exempted herein. 

Section 400.210 of the IAC defines public facilities as:”Public Facility”: … [A]ny building, structure, or site improvement used or held out for use or intended for use by the public or by employees for one or more of, but not limited to, the following: the purpose of gathering, recreation, education, employment… 

Conclusion 

In conclusion, the ADA exempts religious organizations from the public accommodations provisions of the law, but not the employment provisions. However, non-religious organizations that rent facilities from religious organizations are covered by the ADA and required to be “readily accessible.” 

The requirements are the same under Illinois law with one very important exception. Religious organization are required to provide accessibility as public accommodations when facilities are being newly constructed or undergoing a renovation. 

Not included in this analysis are other local laws that may apply such as The Chicago Human Rights Ordinance and The Cook County Human Rights Ordinance. Also, does not cover discrimination not related to the facility. 

This analysis did not determine whether religious organizations have to answer to an authority higher than the law. However, religious organizations often serve a population that is aging and may benefit from accessibility enhancements. Accessibility enhancements make facilities more inviting to everyone, parents with strollers may use wheelchair ramps more often than people using wheelchairs. Even more importantly, it should be remembered that all people are created “In the image of God,” and therefore should be treated with proper respect and dignity. 

Sincerely, 

Alan M. Goldstein
The Illinois ADA Project at Equip for Equality 

Service Animals & the ADA

Question:

How can I be assured that my dog will be recognized as a service dog in the state of illinois?

Answer:

Thank you for your question regarding Service Animals. The Americans with Disabilities Act (ADA) defines a service animal as any guide, signal dog, or other animal individually trained to provide assistance to a person with a disability. An animal fitting this description is considered a service animal under the ADA regardless of whether the animal is licensed or certified by state or local government. Documentation is NOT required as a condition to permit entry of an individual accompanied by a service animal.

Here are links to Fact Sheets regarding Service Animals from the Department of Justice and Illinois Attorney General’s Office:

Department of Justice (1)

Department of Justice (2)

Illinois Attorney General

I hope this information helps. Please let me know if you have any further questions.

Sincerely,

Alan M. Goldstein
The Illinois ADA Project at Equip for Equality

Q. If a private apartment building has a general no dog policy, yet makes exceptions for guide dogs, companions, etc., can they require proof of need, a lease addendum and additional deposits? 

A. In most cases, people with disabilities living in private rental apartments are protected by the Fair Housing Amendments Act (FHAA).  A private apartment building may request evidence that a person has a disability, as it is defined in the law, and that the person needs the service animal because of the disability. They may not, however, require a lease addendum and additional deposits. A helpful guide, “Service Animals In Housing,” is available at http://www.deltasociety.org/dsz102.htm.

Q. If a private apartment building has a general no dog policy, yet makes exceptions for guide dogs, companions, etc., can they require proof of need, a lease addendum and additional deposits? 

A. In most cases, people with disabilities living in private rental apartments are protected by the Fair Housing Amendments Act (FHAA).  A private apartment building may request evidence that a person has a disability, as it is defined in the law, and that the person needs the service animal because of the disability. They may not, however, require a lease addendum and additional deposits. A helpful guide, “Service Animals In Housing,” is available at http://www.deltasociety.org/dsz102.htm.

Requirements for Public Bathrooms as well as Accessible Ramps

Question:

I was wondering what the requirements were for providing handicapped bathrooms in public places of business? Are there requirements depending on a building’s size? Can stores choose to not offer public bathrooms?

Answer:

The requirements for accessible bathrooms vary depending upon the type of building involved, as well as whether or not the building is an existing facility, new construction or alteration of an existing facility. The Americans with Disabilities Act (ADA) establishes federal requirements for twelve categories of public accommodations, including stores and shops, restaurants and bars, service establishments, theaters, hotels, recreations facilities, private museums and schools and others. Nearly all types of private businesses that serve the public are included in the categories, regardless of size.

Under the ADA, existing business facilities that serve the public must remove physical barriers where that is readily achievable (easily accomplishable without much difficulty or expense). The “readily achievable” requirement is based on the size and resources of the business. Barrier removal is an ongoing obligation. The ADA Standards for Accessible Design (ADAAG) guide businesses. These standards are part of the ADA Title III regulations. The priorities for barrier removal include first providing access to the business from public sidewalks, parking, and public transportation, and then providing access to the areas where goods and services are made available to the public. Once these barriers are removed, the business should provide access to public toilet rooms (if toilet rooms are provided for customer use).

The ADA requires that newly constructed facilities and alterations to facilities, spaces or elements (including renovations) must meet or exceed the minimum requirements of the ADA Standards for Accessible Design (ADAAG). The ADAAG requires every public and common use bathroom to be accessible. Generally only one stall must be accessible. When there are six or more stalls, there must be one accessible stall and one stall that is three feet wide. The ADAAG also provides detailed physical requirements regarding such items as toilet stalls, grab bars, doors, lavatories and mirrors, among other things. The ADAAG can be found in the Code of Federal Regulations at 28 C.F.R. Part 36, Appendix A. You may view the Access Board website for details at www.access-board.gov.

In Illinois, the Environmental Barriers Act (EBA) applies to new construction and alterations (including additions, historical preservation, restoration or reconstruction) of public facilities and multi-story housing units. The Illinois Accessibility Code, found in the Illinois Administrative Code at Title 71 Section 400.310, implements the EBA and has the force of building code. The Illinois Accessibility Code lists detailed specifications and requirements for toilet rooms, toilet stalls, water closets, and more. The Illinois Code references ADAAG throughout. Public toilet rooms required by the Illinois Plumbing Code (77 Ill. Adm. Code 890) to have a minimum number of plumbing fixtures shall have accessible toilet rooms and related fixtures for each sex in compliance with the specifications set out by the Illinois Accessibility Code.

The Illinois Plumbing Code applies to new plumbing and the alteration of plumbing systems. The rules govern all new construction and any remodeling or renovation of existing plumbing. The rules do not apply to existing buildings unless the plumbing is being altered, the building use is being changed or the existing plumbing creates a health or safety hazard. The Illinois Plumbing Code establishes a minimum number of plumbing fixtures to be provided for each building type and occupant load. The building types include hotel/motel units, assembly places, mercantile units, malls and stores, worship places and funeral homes, gas stations, office buildings/public buildings, food service establishments, pubs, lounges, nightclubs, and places serving food or liquid to be consumed on the premises, schools, day care, nurseries and preschools, hospital rooms, among others. For some building types, the number of required plumbing fixtures is dependent upon the building’s occupant load.

Under the Illinois Plumbing Code, in general, buildings with 5,000 square feet of gross public area or with occupancies of 100 or more persons shall provide public restrooms, and buildings with less than 5,000 square feet of gross public area, or with occupancies of fewer than 100 persons, need not provide public restrooms. Individual business within the same building or within an enclosed mall may share public/employee restroom facilities, with certain rules associated. However, any food service establishment that sells food or beverage to be consumed on its premises or within the building/mall must be located no more than 100 feet from the shared public/employee restrooms and must be on the same floor. An exception to this is that food service establishments with no more than 10 combined employees and seats (for patrons) at any one time need not provide public restrooms, provided the employee restrooms are accessible and made available to the public. All gas stations shall provide at least one public restroom for male use and one public restroom for female use. However, facilities that do not have any employees working as attendants and use automated machines need not provide male/female public restrooms, but there must be one employee restroom for use by maintenance staff when such personnel is present. Plumbing that is installed must meet the requirements of the Illinois Accessibility Code. Thus, whether or not an accessible bathroom is required in any given location depends upon numerous factors including, but not limited to, the type of building, whether it is existing/new/or being altered, the occupancy load of the building, and whether there are other businesses within the same building or mall that may be sharing restroom facilities. Businesses in existing facilities without restrooms could choose not to install restrooms altogether and not be out of compliance with any of the laws discussed above.

Question:

We are going to be installing gymnasium floors in the state of Illinois. Can you tell me the ADA requirements on wheelchair accessible ramping? Is it 12″ per 1″ high, etc? Thank you.

Answer:

Thank you for your question. You are correct that under the ADA, ramps should have 12″ of run for every 1″ of rise. These requirements are found in the ADA Accessibility Guidelines (ADAAG). Additional regulations are provided below for your convenience. Please let me know if you have any additional questions. Thank you.

Below are several excerpts from the ADAAG Guidelines for Accessibility of which the ADA Accessibility Stick is a useful tool in measuring for compliance.

4.8 Ramps.

4.8.1* General. Any part of an accessible route with a slope greater than 1:20 shall be considered a ramp and shall comply with 4.8.

4.8.2* Slope and Rise. The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12. The maximum rise for any run shall be 30 in (760 mm) (see Fig. 16). Curb ramps and ramps to be constructed on existing sites or in existing buildings or facilities may have slopes and rises as allowed in 4.1.6(3)(a) if space limitations prohibit the use of a 1:12 slope or less.

4.8.3 Clear Width. The minimum clear width of a ramp shall be 36 in (915 mm).

4.8.4* Landings. Ramps shall have level landings at bottom and top of each ramp and each ramp run.

Sincerely,

Alan M. Goldstein
The Illinois ADA Project at Equip for Equality

Q. If an existing restaurant is sold and no physical changes are made to the building can business go on as usual? A. Nearly all private businesses are covered by the requirements of Title III of the ADA. Most private businesses in Illinois are also covered by the Illinois Environmental Barriers Act. All businesses must remove barriers when it is “readily achievable” to do so. “Readily achievable” means “easily accomplishable and able to be carried out without much difficulty or expense.”

In a situation where a restaurant is sold and no alterations are done, the new owners still must remove existing barriers, unless doing so will cause “undue hardship,” regardless of whether or not the prior owners complied with the barrier removal requirements. However, even if a restaurant can show that removing existing barriers is not readily achievable or will cause undue hardship, it still must make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable (i.e. free delivery service – even if delivery service is not generally offered – or curbside service.)

Several resources may help a restaurant in further examining its obligations under Federal and State law: The Illinois Attorney General’s Office has published the Illinois Accessibility Code Site Inspection Checklist (see http://www.ag.state.il.us/rights/access0203.pdf) and the US. Department of Justice published regulations detailing the obligations of businesses under the ADA (see http://www.ada.gov/reg3a.html#Anchor-91481). In some cases, private businesses may be eligible for tax incentives for the cost of removing barriers (see http://www.ada.gov/taxpack.htm).

Q. If an individual has a handicap placard or a handicap license plate they may park at any meter all day without paying parking fees as long as it is a meter for over ½ hour or marked as a handicap-parking place.  Can an agency, government or private, charge a parking fee to a person if they park in a ramp that is owned or lease by the agency?  Can a municipality charge a person with a handicap plate or placard a parking fee (monthly rental fee) for parking n the ramp or is it supposed to be exempt like parking meters (over 30 minutes).A. A person with a disabled placard or license plate can park in a metered spot and is exempt from paying the meter fee.  The person is also exempt from any time limitations imposed (i.e. 2 hour limit).  The person, however, cannot park in the space during a time when parking is prohibited (i.e. No Parking, 2-4 PM), and if the vehicle is a traffic hazard, the vehicle must be moved at the direction of a law enforcement officer to a location designated by the officer.  See Chicago Municipal Code 9-64-010(c).

Your question also asks about “ramps.”  By this, we assume you mean parking lots.  Nothing in the municipal code prohibits either the city or a private owner from charging a fee to anyone parking in a lot.  The exemption discussed above only applies to metered spaces.

Q. I was wondering what the requirements were for providing handicapped bathrooms in public places of business?  Are there requirements depending on a building’s size?  Can stores choose to not offer public bathrooms?A. The requirements for accessible bathrooms vary depending upon the type of building involved, as well as whether or not the building is an existing facility, new construction or alteration of an existing facility.  The Americans with Disabilities Act (ADA) establishes federal requirements for twelve categories of public accommodations, including stores and shops, restaurants and bars, service establishments, theaters, hotels, recreations facilities, private museums and schools and others.  Nearly all types of private businesses that serve the public are included in the categories, regardless of size. 

Under the ADA, existing business facilities that serve the public must remove physical barriers where that is readily achievable (easily accomplishable without much difficulty or expense).  The “readily achievable” requirement is based on the size and resources of the business.  Barrier removal is an ongoing obligation.  The ADA Standards for Accessible Design (ADAAG) guide businesses.  These standards are part of the ADA Title III regulations.  The priorities for barrier removal include first providing access to the business from public sidewalks, parking, and public transportation, and then providing access to the areas where goods and services are made available to the public.  Once these barriers are removed, the business should provide access to public toilet rooms (if toilet rooms are provided for customer use).   

The ADA requires that newly constructed facilities and alterations to facilities, spaces or elements (including renovations) must meet or exceed the minimum requirements of the ADA Standards for Accessible Design (ADAAG).  The ADAAG requires every public and common use bathroom to be accessible.  Generally only one stall must be accessible.  When there are six or more stalls, there must be one accessible stall and one stall that is three feet wide.  The ADAAG also provides detailed physical requirements regarding such items as toilet stalls, grab bars, doors, lavatories and mirrors, among other things.  The ADAAG can be found in the Code of Federal Regulations at 28 C.F.R. Part 36, Appendix A.  You may view the Access Board website for details at www.access-board.gov. 

In Illinois, the Environmental Barriers Act (EBA) applies to new construction and alterations (including additions, historical preservation, restoration or reconstruction) of public facilities and multi-story housing units.  The Illinois Accessibility Code, found in the Illinois Administrative Code at Title 71 Section 400.310, implements the EBA and has the force of building code.  The Illinois Accessibility Code lists detailed specifications and requirements for toilet rooms, toilet stalls, water closets, and more.  The Illinois Code references ADAAG throughout.  Public toilet rooms required by the Illinois Plumbing Code (77 Ill. Adm. Code 890) to have a minimum number of plumbing fixtures shall have accessible toilet rooms and related fixtures for each sex in compliance with the specifications set out by the Illinois Accessibility Code

The Illinois Plumbing Code applies to new plumbing and the alteration of plumbing systems.  The rules govern all new construction and any remodeling or renovation of existing plumbing.  The rules do not apply to existing buildings unless the plumbing is being altered, the building use is being changed or the existing plumbing creates a health or safety hazard.  The Illinois Plumbing Code establishes a minimum number of plumbing fixtures to be provided for each building type and occupant load.  The building types include hotel/motel units, assembly places, mercantile units, malls and stores, worship places and funeral homes, gas stations, office buildings/public buildings, food service establishments, pubs, lounges, nightclubs, and places serving food or liquid to be consumed on the premises, schools, day care, nurseries and preschools, hospital rooms, among others.  For some building types, the number of required plumbing fixtures is dependent upon the building’s occupant load.

Under the Illinois Plumbing Code, in general, buildings with 5,000 square feet of gross public area or with occupancies of 100 or more persons shall provide public restrooms, and buildings with less than 5,000 square feet of gross public area, or with occupancies of fewer than 100 persons, need not provide public restrooms.  Individual business within the same building or within an enclosed mall may share public/employee restroom facilities, with certain rules associated.  However, any food service establishment that sells food or beverage to be consumed on its premises or within the building/mall must be located no more than 100 feet from the shared public/employee restrooms and must be on the same floor.  An exception to this is that food service establishments with no more than 10 combined employees and seats (for patrons) at any one time need not provide public restrooms, provided the employee restrooms are accessible and made available to the public.  All gas stations shall provide at least one public restroom for male use and one public restroom for female use.  However, facilities that do not have any employees working as attendants and use automated machines need not provide male/female public restrooms, but there must be one employee restroom for use by maintenance staff when such personnel is present.  Plumbing that is installed must meet the requirements of the Illinois Accessibility Code.  Thus, whether or not an accessible bathroom is required in any given location depends upon numerous factors including, but not limited to, the type of building, whether it is existing/new/or being altered, the occupancy load of the building, and whether there are other businesses within the same building or mall that may be sharing restroom facilities.  Businesses in existing facilities without restrooms could choose not to install restrooms altogether and not be out of compliance with any of the laws discussed above. 

Q. A relative has a disability that allows him to drive, but makes getting in/out of the car to pump gas difficult.  Are there any full service gas stations in the Joliet/Lockport area?  Thank you.A. The only full-service pump in the Lockport/Joliet area that we were able to find is at the Plainfield Shell at 3021 Plainfield Road, Joliet, IL 815-577-7911.  Numerous other self-serve stations will provide assistance if the driver calls or honks their horn.  Those stations are:

• Mickey’s One Stop, 1415 Plainfield Rd, Joliet, IL 815-729-1420
• BP 1987 W. Jefferson St, Joliet, IL 815-729-2989
• Gas City, 2101 E. Laraway Rd, Joliet, IL 815-724-0240
• Lockport Citgo, 1228 S. State St. lockport, IL 815-838-6600
• Shell, 518 S. State St, Lockport, IL 815-838-9379
• Speedway, 314 S. State St. lcokport, IL 815-838-3563
• Speedway, 1004 E. 9th St. Lockport, IL 815-838-2019
• Texor Minute Man, 415 New AVe, Lockport, IL 815-838-1818

People with disabilities may find it difficult or impossible to obtain gas for their vehicles because they are unable to use the controls, hose, or nozzle of a self-serve gas pump. At stations that offer only self service, they may be unable to purchase gas. At stations that offer both self service and full service, people with disabilities may have no choice but to purchase the more expensive fuel from a full-service pump.

People with disabilities may require assistance to purchase fuel at self-service pumps.
The Americans with Disabilities Act (ADA) requires gas stations to provide equal access for their customers with disabilities. If necessary to provide access, stations must provide refueling assistance upon the request of an individual with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee, but is encouraged to do so, if feasible.  Service Stations should:

• Let customers know (e.g., using signs or notification on or near pumps) that individuals with disabilities can obtain refueling assistance by honking their horn or otherwise signaling an employee. Some stations provide a call button.
• Provide the refueling assistance without any charge beyond the self-serve price, if the customer wants only fuel. The attendant may provide assistance at a self-service pump or at a full-service pump. In either case, the customer must be charged the self-service price.

Self-service Gas Pumps. The Department of Justice ruled that gas stations with self-service gas pumps must provide equal access to customers with disabilities. Upon request, an attendant must provide refueling assistance and the disabled customer must still get the self-service rate. Gas station management must display signage to let disabled patrons know they may request assistance either by honking or signaling a gas station employee. A gas station or convenience store that sells gas is not required to provide such service at any time it is operating on a remote control basis with a single employee, but is encouraged to do so, when possible.

For more information, you may want to contact the U.S. Department of Justice (DOJ), Civil Rights Division.  Here is a link to the DOJ – ADA Website:  http://www.usdoj.gov/crt/ada/adahom1.htm.  Pasted below is information from a DOJ ADA Business BRIEF called, “Assistance at Gas Stations.”  Here is a link to that Brief: http://www.usdoj.gov/crt/ada/gasserve.htm. 
 
U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Americans with Disabilities Act:
Assistance at Self-Serve Gas StationsPeople with disabilities may find it difficult or impossible to use the controls, hose, or nozzle of a self-serve gas pump. As a result, at stations that offer both self and full service, people with disabilities might have no choice but to purchase the more expensive gas from a full-serve pump. At locations with only self-serve pumps, they might be unable to purchase gas at all.
The Americans with Disabilities Act (ADA) requires self-serve gas stations to provide equal access to their customers with disabilities. If necessary to provide access, gas stations must –

• Provide refueling assistance upon the request of an individual with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee, but is encouraged to do so, if feasible.
• Let patrons know (e.g., through appropriate signs) that customers with disabilities can obtain refueling assistance by either honking or otherwise signaling an employee.
• Provide the refueling assistance without any charge beyond the self-serve price.

If you have additional questions concerning the ADA, you may call the Department of Justice’s ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TDD) or access the ADA Home Page at: (www.usdoj.gov/crt/ada/adahom1.htm).

The Illinois Motor Fuel Sales Act does not appear to go as far as the federal law, but it doesn’t really matter as it is trumped.

Q. Is there a new fine of $250.00 for parking in a disabled space & must the fine amount be posted?

A. Thank you for your question.  Illinois does have a new law that raised the maximum fines for parking in an accessible parking space.  The bill is HB 1316 (P.A. 94-0619 ).  The fines are stated in terms of minimums and maximums, depending on the offense.  Here is a summary:  House Bill 1316 amends the Illinois Vehicle Code by strengthening the penalties and fines to be imposed for violating the provisions of the Code which relate to the improper use of disability license plates, parking decals or devices and/or the privileges associated with those plates, decals and devices.

Previously, a person who parked a vehicle in a space (or in a designated access aisle adjacent to a parking space) specifically reserved for persons with disabilities, as evidenced by an official sign, without displaying the registration plates or decals issued to qualified persons with disabilities was subject to a fine of $100.  House Bill 1316 increases that fine to $250.  Prior to HB 1316, a municipality could pass an ordinance to impose a fine of up to $200 for such a violation. A municipality may now, by ordinance, impose a fine of up to $350.

The bill states that it is no defense to such a violation that an intended accessible parking place does not comply with the technical requirements of the Code, Department of Transportation regulations, or a local ordinance, if a reasonable person would be made aware, by a sign or notice on or near the parking place, that it is reserved for persons with disabilities.
 
The bill also provides that an individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability or to a disabled veteran is in violation of the Code: 1) if the person using the disability license plate, parking decal or device is not the authorized holder of the license plate, parking decal or device or is not transporting the authorized holder of the license plate, parking decal or device to or from the parking location; and 2) the person uses the disability license plate, parking decal or device to exercise any privileges granted through the license plate, parking decal or device under the Code.  A person found guilty of violating these provisions must be fined $500 and may have his or her driving privileges suspended or revoked by the Secretary of State. 

Any person who knowingly commits and is convicted of a violation of any one of the following acts shall be found guilty of a Class A misdemeanor and fined not less than $500 for a first offense and shall be guilty of a Class 4 felony and fined not less than $1,000 for a second or subsequent offense:

1. Possesses any fictitious or unlawfully altered disability license plate or parking decal or device;
2. Issues or assists in the issuance of, by the Secretary of State or unit of local government, any disability license plate, parking decal or device;
3. Alters any disability license plate or parking decal or device;
4. Manufactures, possesses, transfers, or provides any documentation used in the application process whether real or fictitious, for the purpose of obtaining a fictitious disability license plate, parking decal or device; or
5. Provides any false information to the Secretary of State or a unit of local government in order to obtain a disability license plate or parking decal or device.

A person who is convicted of knowingly transferring a disability license plate or parking decal or device for the purpose of exercising the privileges granted to an authorized holder of a disability license plate or parking decal or device, when the authorized holder is not present, shall be guilty of a Class A misdemeanor and fined not less than $500 for a first offense and not less than $1,000 for a second or subsequent offense.  In addition, the Secretary of State may suspend or revoke the parking decal or device or the disability license plate of any person who commits one of the above violations.

Any person who knowingly commits and is convicted of any of the following offenses shall be guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense:

1. Possesses any fraudulent disability license plate or parking decal;
2. Possesses without authority any disability license plate or parking decal or device-making implement;
3. Duplicates, manufactures, sells, or transfers any fraudulent or stolen disability license plate or parking decal or device;
4. Assists in the duplication, manufacturing, selling, or transferring of any disability license plate or parking decal or device; or
5. Advertises or distributes a fraudulent disability license plate or parking decal or device.

With the exception of the fines for unauthorized parking in a space reserved for a person with disabilities (which were increased, not newly imposed), one half of all fines imposed for violating any of the above offenses must be distributed by the Circuit Clerk to the law enforcement agency that issued the citation or made the arrest.  If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the fine will be divided equally between them.

Effective Date: January 1, 2006
Statutes Affected: 625 ILCS 5/2-111, 5/3-616, 5/3-704, 5/3-808.1, 5/11-1301.3, 5/11-1301.5, 5/11-1301.6, 5/12-401.

Q. We would like to remodel to suit my mother who will eventually be in a wheelchair. Where can I find helpful information on doorways, kitchens and bathrooms so that we can plan our project knowing that it will be right for her?

A. Thank you for your question.  Centers for Independent Living are located throughout Illinois and are best able to answer your questions concerning accessible housing.  The Illinois Network of Centers for Independent Living (INCIL) is a statewide organization made up of 24 Centers for Independent Living (CILs) in Illinois and their website address is www. incil.org.  For a CIL in your area contact INCIL at 1-800-587-1227.  Links to the Illinois CILS are found at http://www.incil.org/links.asp.  I am pasting in a listing of the CILS from that page and I hope this help.  Please let me know if you need any additional information.  Thank you.

Location of CILs in Illinois Center Name Location
IMPACT  Alton, IL
Living Independantly Now Center  Belleville, IL 
Access Living of Metropolitan Chicago  Chicago, IL 
Jacksonville Area Center for Independent Living Jacksonville, IL 
Will-Grundy Center for Independent Living  Joliet, IL 
Options Center for Independent Living  Kankakee, IL 
Illinois Valley Center for Independent Living  LaSalle, IL 
Lake County Center For Independent Living Mundelein, IL 
Central Illinois Center For Independent Living  Peoria, IL
Independence Network Center  Quincy, IL 
Regional Access & Mobilization Project, Inc Rockford, IL 
PACE, Inc  Urbana, IL 
Illinois / Iowa ILC Rock Island, IL
DuPage Center For Independent Living Glen Ellyn, IL
Fox River Valley CIL Elgin, IL
GAIL CIL Effingham, IL
LIFE Center For Independent Living Bloomington, IL
Northwestern Illinois CIL Rock Falls, IL
Opportunities For Access CIL Mt. Vernon, IL
Progress CIL Forest Park, IL
Southern Illinois CIL Carbondale, IL
Soyland Access to Independent Living Decatur, IL
Springfield CIL Springfield, IL
Stone-Hayes Center For Independent Living Galesburg, IL Q. I presently work in a building with central air-conditioning and my office is not on ground-level. I have a neuropathy, which affects my legs, and my ability to climb stairs. My doctors submitted letters to my employer that indicated that I should work in a building that is air-conditioned and on ground-level.  However, my employer last year did not put me in these conditions, and I am going back to work.  I anticipate that my employer is going to put me again in the same working conditions.

My question to you is the following: 

Given that I have two doctors’ notes on file, and that there were openings at the time, shouldn’t my employer comply to my doctors’ notes?

Please respond to this question, since, I need to know what the next step is that I need to take.    Thank you very much.

A. Thank you for writing the Illinois ADA Project with your question. As long as a person has a disability as defined by the ADA, employers are required to provide reasonable accommodations unless there is an undue hardship, (defined as significant difficulty or expense), the accommodation fundamentally alters the job or program, or the accommodation creates a significant risk of substantial harm that cannot be alleviated through reasonable accommodation. 

Depending on the specific facts of your situation, it is quite likely that your accommodation requests should be granted.  You may need legal representation to protect your rights and I therefore advise that you contact the Illinois Protection and Advocacy Agency, Equip for Equality (EFE).  EFE manages the Illinois ADA Project and the contact info is under my signature to this letter. Please call EFE and advise that you have a situation for intake and you will be referred to an intake specialist.  Please let me know if EFE is unable to assist you further.  Thank you.
Q. How do I file a complaint under ADA for a business located in Cook County?

A. Thank you for your ADA question.  ADA Complaints can be filed in many different places:  Federal Court, State Court, the Illinois Department of Human Rights, the Cook County Department of Human Rights, and the Chicago Commission on Human Relations.  I am attaching a fact sheet from Equip for Equality, the Illinois Protection and Advocacy Agency for people with disabilities.  This fact sheet concerns employment filings, but much of the information is the same.  You can contact Equip for Equality, which also manages the Illinois ADA Project, to get more information and possibly assistance with filing.  If you would like to provide more details regarding the accessibility problems that you are encountering, please feel free to let me know and I may be able to provide you more specific information.  I hope this helps.  Thank you.
Q. Many pay phones installed are not ADA compliant due to the protuding object rule 4.4. [of the ADA Accessibility Guidelines]. My question is if a site’s payphone is found to be non-compliant who is ultimately responsible?  Is it the vendor who installed and maintains the payphone or is it the property owner or manager who has given the vendor permission to install at their site?

A. Thank you for your question.  The answer is a little tricky, and it is hard to predict with 100% clarity, but I will do my best to explain.  Under Title III of the ADA, the facilities and services of places of public accommodations must be accessible.  In the situation you described, it is my opinion that the owner of the pay phone or the site where it is located would clearly be primarily liable in the event a person with a disability files a lawsuit due to the failure to comply with the ADA guidelines.  There may also be liability to the owner/manager on the part of the vendor who sold and installed the phone, especially if they were under a contractual obligation to install an ADA compliant phone or to generally comply with all applicable laws.  The liability of the vendor may also extend to the person with a disability.  Please note that the ADA specifically provides that a party cannot avoid liability through a contractual relationship.  Therefore, it is possible that both the owner / manager of the telephone and the vendor could be liable.  I hope this helps.  Please let me know if you desire any further information.
Q. We are going to be installing gymnasium floors in the state of Illinois.  Canyou tell me the ADA requirements on wheelchair accessible ramping?  Is it 12″ per 1″ high, etc?  Thank you.

A. Thank you for your question.  You are correct that under the ADA, ramps should have 12″ of run for every 1″ of rise.  These requirements are found in the ADA Accessibility Guidelines (ADAAG).  Additional regulations are provided below for your convenience.  Please let me know if you have any additional questions.  Thank you.

Below are several excerpts from the ADAAG Guidelines for Accessibility of which the ADA Accessibility Stick is a useful tool in measuring for compliance.

4.8 Ramps.

4.8.1* General. Any part of an accessible route with a slope greater than 1:20 shall be considered a ramp and shall comply with 4.8.

4.8.2* Slope and Rise. The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12. The maximum rise for any run shall be 30 in (760 mm) (see Fig. 16). Curb ramps and ramps to be constructed on existing sites or in existing buildings or facilities may have slopes and rises as allowed in 4.1.6(3)(a) if space limitations prohibit the use of a 1:12 slope or less.

4.8.3 Clear Width. The minimum clear width of a ramp shall be 36 in (915 mm).

4.8.4* Landings. Ramps shall have level landings at bottom and top of each ramp and each ramp run.
Q. What are the requirements for website accessibility for a public accommodation?

A. Initially, it must be noted that an accessible web site benefits everyone.  Navigation is one of the key elements of an accessible web site and research has shown that an accessible web site is more usable to everyone.  It does not eliminate the use of images and other features that make a web site attractive and interactive for your visitors.  It is a matter of considering how someone uses the web site, how information is organized and the methods used to convey information.   Places of Public Accommodation are covered under Title III of the ADA. This requires that programs and services are readily accessible to and usable by people with disabilities.

The issue is that a entity such as public accommodation is covered under the ADA and given the fact that the web site is another means of offering a “place” to conduct business with the bank, attention should be given to ensure that customers have equal access to this virtual “place” as they do to the physical spaces that a public accommodation builds and operates.  The U.S. Department of Justice issued a policy letter several years ago, at the beginning of the widespread use of the INTERNET to conduct business stating that Title II and Title III entities are responsible for the accessibility of their web sites. This policy letter can be found on-line at:  http://www.usdoj.gov/crt/foia/tal712.txt.

The Seventh Circuit Court of Appeals, which covers Illinois, Indiana, and Wisconsin, has stated that a web site could qualify as a public accommodation. Specifically, the Court declared that “the owner or operator of a store, hotel, restaurant, …, web site, or other facility (whether in physical space or in electronic space) that is open to the public cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the non-disabled do.” Doe v. Mutual of Omaha Ins. Co., 179 F.3d 559 (7th Cir. 1999), cert. denied, 68 U.S.L.W. 3432 (U.S. Jan. 11, 2000) (No. 99-772)).

Due to the date by which the ADA was passed, (1990), there are no standards for web site accessibility within the ADA.  However, there are Federal and State Website Standards in place for certain government agencies.  It is possible that these standards may be applied to places of public accommodation. Generally, under the ADA, access must be provided absent an undue hardship to the public accommodation. The absence of a standard however does not mean that a covered entity such as Public accommodation does not still have some obligations to ensure that the programs and services that they offer to customers with and without disabilities via the INTERNET is accessible to ALL users.  Any person with access to a computer should be able to access the information that Public Accommodation has on it’s web site for existing customers as well as potential customers.  While one may argue that an “accommodation” can be made such as offering to serve someone over the phone or via the various locations where the Public Accommodation has physical sites, this is likely not going to be “equivalent” access.   In order to be an equivalent service, someone with a disability should have the same degree of access.  It is not the responsibility of a public accommodation to provide computers for it’s customers or the software that someone who has a disability needs in order to access the INTERNET.   The obligation of a public accommodation is to ensure that someone visiting the web site is able to navigate the web site and transact business the same as someone with out a disability, whether or not they use assistive technologies.

In order to do this, there are standards that have been developed that guide the crafting of accessible web based information.  Section 508 of the Rehabilitation Act of 1973 is the federal standard for accessible information technology, including web sites.  This standard does not currently apply to the private sector.  It is only applicable to federal entities.  This standard is considered a minimum.  More information on the Section 508 Standards and to obtain a copy of the standards go to www.section508.gov or the US Access Board Web Site who is the federal agency responsible for producing the Section 508 Standards at www.access-board.gov.

There is also a set of guidelines for accessible web based information which has been produced by the World Wide Web Consortium which is a private entity comprised of groups and individuals interested in crafting standards for web based information.  Due to the lack of regulation of the INTERNET this group established itself several years ago now to address some of the issues that arise based on the various uses of the INTERNET across the world.  One of the initiatives that they have undertaken is the development of guidelines for accessibility.  These guidelines are comprehensive and based on a series of variables.   There are different levels of accessibility under the guidelines and it is recommended that an entity attempt to achieve all 4 levels but minimally levels one and two.  These guidelines can be accessed on-line at www.w3.org and are referred to as the Web Accessibility Imitative.

The State of Illinois government adopted their own web site accessibility standard which is a hybrid of the requirements under Section 508 Standards and the World Wide Web Consortium Web Accessibility Imitative Guidelines.  This standard applies to state government web sites.  This is another guide that a business such as Public Accommodation could choose to follow.  This information is available on-line at:  http://www.illinois.gov/iwas/.

It should be recognized that one cannot make a web site accessible overnight.  It is a process and requires a great deal of planning and oversight to ensure that once the infrastructure is created as accessible that it is maintained accessible.  In many institutions, this is done by establishing that any new pages developed will be constructed accessible and that any major overhauls of the web site will include accessibility as a key element in design.  A site may have hundreds of pages of content and obviously it can take time for this to occur.  Just as you would look at the existing facility and identify barriers and develop a plan to remove those barriers against the priorities of 1) Getting in the door; 2) Ability to navigate within the facility and access services; 3) Restroom and 4) Other amenities.  One would approach the transformation of a web site the same way.  Prioritizing the pages that are most commonly utilized by visitors and customers and addressing these first with the remaining pages falling in line over a period of time, is a valid approach.  Creating an accessible web site benefits everyone.  Navigation is one of the key elements of an accessible web site and some of the research has shown that an accessible web site is more usable to everyone.  It does not eliminate the use of images and other features that make a web site attractive and interactive for your visitors.  It is a matter of considering how someone uses the web site, how information is organized and the methods used to convey information (e.g. PDF documents are not accessible, but you can have PDF accompanied by HTML or text).