AGENDA #2a
BUDGET WORKING PAPER
TO: W. Calvin Horton, Town Manager
FROM: Kathryn Spatz, Parks & Recreation Director
SUBJECT: Parks and Recreation Department Compliance with the Americans with Disabilities Act (ADA)
DATE: May 30, 2001
RESUBMITTED: June 13, 2001
This is in response to a recent question concerning how the Town’s Parks and Recreation Department complies with the Americans with Disabilities Act (ADA).
The Americans with Disabilities Act, which became effective January 26, 1992, gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, including the Town.
Under Title II, the Town must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The Town may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, the Town must reasonably modify its policies, practices, or procedures to avoid discrimination. However, if the Town can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification.
The Town must ensure that individuals with disabilities are not excluded from services, programs, and activities because existing buildings are inaccessible. The Town's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to facilities of a public entity that existed on January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate accessible sites.
In 1992, the Parks and Recreation Department staff conducted a self-evaluation of all program and services using the “Self-Evaluation Tool: ADA Self-Evaluation Handbook for Parks and Recreation Agencies.” All programs and services were found to be in compliance with the Americans with Disabilities Act.
I. Facilities: All facilities used for Parks and Recreation Department activities were reviewed in the Department’s self-evaluation following the ADA Accessibility Standards. Necessary changes were made so that all programs and services are accessible to all citizens. For example, doors in several facilities were altered to allow for easier entry and exit. Since 1992, new Department project construction and renovation has adhered to one of the two approved accessibility standards: either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities. When the Northside Gymnasium facility was added, accessibility standards were integrated into the design to ensure accessibility to all.
II. Programs: All Department activities and services were reviewed in the Department’s self-evaluation process. Criteria for participation in any activities does not restrict persons with disabilities from participation. The Department does not place limitations on the number of qualified disabled persons who may participate in a given program. If/when requests are made to mainstream individuals with disabilities into existing programs, reasonable accommodations are made. For example, a youth with the Department has provided an aide to assist a pottery program participant who is autistic.
Parks and Recreation staff has recently reviewed the 1992self-evaluation materials. We believe that the Department remains in compliance with the ADA. The Department is prepared to provide reasonable accommodations to individuals with special needs when requests are made.
Based on this recent review, the Parks and Recreation Department is adding the following “ADA Statement” and “Policy of Non-Discrimination” statements to all Department publicity, forms, and brochures:
Although specific programs for persons with disabilities are limited, the Town of Chapel Hill Parks and Recreation Department is committed to providing equal access to programs and facilities for individuals with special needs. Persons with disabilities who are interested in participating in any Parks and Recreation existing programs should contact the Department at 968-2784 voice/TTY. All information contained in this material can be made available on audiocassette upon request. Reasonable accommodation and support can be requested to provide access to desired programs and activities. Requests should be made at least 10 days in advance. In addition, where a need is demonstrated and resources are available every reasonable effort will be made to establish specific programs for persons with disabilities.
The Town of Chapel Hill does not discriminate on the basis of disability in admission, access, treatment or employment in its programs or activities. Town Clerk Joyce Smith has been designated to coordinate compliance with all federal, state and local non-discrimination requirements. Ms. Smith can be reached at 919-968-2743 voice/TTY.
ATTACHMENT
TO: Mayor and Town Council
FROM: Ralph D. Karpinos, Town Attorney
SUBJECT: Americans with Disabilities Act: Parks and Recreation
DATE: May 30, 2001
RESUBMITTED: June 13, 2001
This memorandum supplements a memorandum from the Parks and Recreation Director and responds to a request for a synopsis of the requirements of the Americans with Disabilities Act that apply to the Town’s Parks and Recreation programs.
In her memorandum Kathryn Spatz, Parks and Recreation Director, summarizes the requirements of the Americans with Disabilities Act (the “Act”) that apply to Parks and Recreation Programming. I have reviewed her memorandum and the requirements of the ADA and believe that her memorandum accurately represents a general summary of the requirements of Title II of the Act that apply to the Town’s Parks and Recreation programs.
The self evaluation conducted by the Department and discussed in Ms. Spatz’ memorandum is itself a requirement of the Act.
A Technical Assistance Manual for Title II of the Act, prepared by the United States Department of Justice, is available on the Internet and provides more detailed information on the requirements of the Act, including illustrative examples. The Web address is: http://www.usdoj.gov/crt/ada/taman2.html. A printed copy of the Manual is also available in my office.