Disability Video Contest -$1500/ also resources & ADA Signing

Disability Video Contest

Enter to win a $1,500 prize in the What Can YOU Do? Video Contest, sponsored by the Campaign for Disability Employment! Enter to win at www.jan.wvu.edu/videocontest.

JAN introduces the What Can YOU Do? Video Contest, sponsored by the Campaign for Disability Employment! To learn more visit www.jan.wvu.edu/videocontest.

Campaign for Disability Employment Launches the What Can YOU Do? Video Contest! Enter to win at www.jan.wvu.edu/videocontest.

Campaign for Disability Employment Announces Online Video Contest
Attention aspiring filmmakers! The Campaign for Disability Employment, a newly-formed collaborative of leading disability organizations, is sponsoring the What Can YOU Do? online video contest to promote the talent and skills that people with disabilities bring to America ’s workforce and economy. The contest is an opportunity for young - and young-at-heart - filmmakers to promote positive change by illustrating that at work, it’s what people CAN do that matters. The Campaign is looking for creative, fun, compelling video public service announcements, of all genres, that will create positive images of people with disabilities at work and help viewers re-think their assumptions about people with disabilities and employment. To learn more and to enter, visit www.jan.wvu.edu/videocontest.

The Campaign is a collaborative effort between the American Association of People with Disabilities (AAPD); the National Business and Disability Council (NBDC); Special Olympics (SO); the U.S. Business Leadership Network (USBLN); and the Job Accommodation Network (JAN). It is funded under a contract from the Office of Disability Employment Policy of the U.S. Department of Labor. For more information, contact JAN at videocontest@jan.wvu.edu.

2008 Successes

Updated communication from the Civil Rights Division of the U.S. Department
of Justice continues to make brand new strides each and every day that
have a dramatic and lasting impact on the lives of persons with all
types
of disabilities. Below are but a few examples of what has taken place
over the past several months. (Those of you who have been a part of
the network for a while may recall some of these cases.) These
include:

1. United States Sues Designers and Developers of Manhattan
Apartment Complex for Fair Housing Act Violations

2. Justice Department Reaches Agreement to Remove Barriers on
Brown Mackie College Campuses

3. Justice Department Signs Agreement with Humboldt County,
California, to Ensure Civic Access for Persons with Disabilities

4. Long Island, New York, School Agrees to Admit Students with
Diabetes

5. Justice Department Reaches Settlement Agreement with Library
under Americans with Disabilities Act

6. Justice Department Reaches Settlement Agreement with Medical
Weight Loss Clinic

7. Bus Operator Will Provide Accessible Service for Individuals in
Wheelchairs

8. Justice Department Reaches Settlement to Improve Conditions at
a Nebraska Developmental Center

9. Justice Department settles Idaho Lawsuit Alleging Housing
Discrimination on Behalf of Persons with Disabilities

10. Justice Department Settles Disability Discrimination Case with
Connecticut Landlord for $115,000

11. Justice Department Files Fair Housing Lawsuit Against City of
Satsuma, Alabama

12. Justice Department Reaches Settlement with University of
Michigan Concerning Football Stadium Accessibility for Persons with
Disabilities

13. Departments of Housing and Urban Development and Justice
Release New Guidance on "Reasonable Modifications" under the
Fair Housing Act

14. Justice Department Settles Housing Discrimination Lawsuit with
Albany, New York, Developers

To reach our Office of Public Affairs, you may call (202) 514-2007
[Voice] or (202) 514-1888 [TTY].

As always, do feel free to distribute this information far and wide to
those you know. Also, as you run across community leaders whom you
believe should be brought into our network as well but who presently
are
not tapped into our communications system designed both to allow
important information to reach millions of people as the result of
relationships with all of you and to facilitate individual
correspondence with me
as someone who continues to serve in the Office of the Assistant
Attorney General for Civil Rights, please be sure either to have them
email
me (with the initial subject line "Leadership List Addition") or to
have
them call me so that we may become acquainted and so that we may put
our heads together to determine next steps for resolving situations
brought to our attention. I aim to return all phone calls within 48
hours.

For your reference below, I am including the full text of the press
releases whose headlines were mentioned above. To the degree that you
have not already seen these, you may now be brought up to date on the
kind
of work being done by the many men and women of this Department who
dedicate countless hours to making the goal of full inclusion a
reality
for members of the disability community who come to us for assistance.

Take good care, and let us all remain vigilant in doing our part to
make a difference! Have a great Labor Day Weekend!

--Ollie

- - - - - - - - - -

1. UNITED STATES SUES DESIGNERS AND DEVELOPERS OF MANHATTAN APARTMENT
COMPLEX FOR FAIR HOUSING ACT
VIOLATIONS

Wednesday, August 13, 2008

Michael J. Garcia, the U.S. Attorney for the Southern District of New
York, announced that the United States filed a civil rights lawsuit in
Manhattan federal court today against the developers and architects of
Avalon Chrystie Place, a 361-unit residential apartment complex in
Manhattan, for unlawfully discriminating against people with
disabilities by
failing to design and construct Avalon Chrystie Place to be accessible
to people with disabilities. The Complaint alleges that CVP I, LLC,
Downtown Manhattan Residential LLC, Chrystie Venture Partners, LLC,
Avalon Bay Communities, Inc., and SLCE Architects LLP violated the
requirements of the Fair Housing Act in the design and construction of
the
complex. This is the Government's first lawsuit in Manhattan alleging
violations of the Fair Housing Act in the design and construction of
multi-family housing. According to the Complaint filed by the
Government:

Avalon Chrystie Place, located at 229 Chrystie Place just below Houston
Street in Manhattan, has public and common areas which are not readily
accessible to and usable by persons with disabilities. The complex
also lacks accessible routes into and through dwellings,
reinforcements
in bathroom walls to allow the installation of grab bars, and kitchens
and bathrooms usable by a person in a wheelchair.

The Complaint seeks a court order requiring the defendants to modify
Avalon Chrystie Place to bring the complex into compliance with the
Fair
Housing Act and to enjoin defendants from designing or constructing
multi-family housing in the future that does not contain the
accessibility
features required by federal law. It also seeks monetary damages to
compensate victims and a civil penalty to be paid to the Government to
vindicate the public interest.

"Housing must be available to all Americans without regard to
disability," said Mr. Garcia. "We will continue to pursue those who
fail to
design and construct accessible housing as required by federal law."

This year marks the 40th Anniversary of the Fair Housing Act. Any
member of the public who has information relating to the lack of
accessibility in multi-family housing or any other form of illegal
housing
discrimination within the Southern District of New York may use the
complaint
form available on the United States Attorney's Office's website,
www.usdoj.gov/usao/nys. Complaints may also be sent to the United
States
Attorney's Office, Southern District of New York, 86 Chambers Street,
New
York, New York, 10007, attention: Chief, Civil Rights Unit.

Assistant United States Attorneys Sarah E. Light and Brian M. Feldman
are in charge of the investigation.

###

*****

2. JUSTICE DEPARTMENT REACHES AGREEMENT TO REMOVE BARRIERS
ON BROWN MACKIE COLLEGE CAMPUSES

Friday, July 25, 2008

WASHINGTON - The Department of Justice announced today a settlement
agreement with the Education Management Corporation (EDMC) under Title
III
of the Americans with Disabilities Act (ADA). EDMC is a for-profit
business that provides education and training and is one of the
largest
providers of private post-secondary education (primarily
career-focused
education) in North America. The agreement covers 19 Brown Mackie
campuses, which are operated by EDMC and located in Ohio, Kentucky,
Idaho,
Illinois, Kansas, Georgia, Florida, Indiana, Arizona and Oklahoma.
Under the agreement, EDMC will make these campuses more accessible to
individuals with disabilities by removing architectural barriers.

This is the Department's first ADA agreement with a post-secondary
for-profit school, and the Department's first agreement with an
education
provider that leases all of its campus facilities from another entity.
EDMC leases, but does not own, each of its Brown Mackie campus
buildings.

Under the settlement agreement, EDMC will, at each Brown Mackie campus:

* Create a plan of access to remove architectural barriers in
existing facilities where such removal is readily achievable;

* To the extent that EDMC's plan of access will require physical
changes to parts of facilities or spaces that EDMC -
by virtue of the lease - does not have exclusive control over, or does
not have responsibility for, EDMC will provide the
landlord with a detailed listing of any accessibility issues that EDMC
believes the landlord is responsible for rectifying
and request that issues be rectified promptly. Following negotiations
between EDMC and its landlords, if any landlord
refuses to rectify any such accessibility issues, EDMC will notify the
Department;

* Undertake alterations in such a manner that they are readily
accessible to and usable by persons with disabilities to the
maximum extent feasible;

* Ensure that assistive listening devices will be available in its
assembly areas;

* Establish and implement an emergency evacuation plan for
individuals with disabilities;

* Designate an ADA Compliance Officer who will have the authority
and responsibility for ensuring accessibility on the
Brown Mackie campuses; and

* Reasonably modify policies, practices and procedures when
necessary to afford access to services and facilities to
individuals with disabilities.

"We applaud EDMC for its effort to improve access at its Brown Mackie
campuses," said Grace Chung Becker, Acting Assistant Attorney General
for the Civil Rights Division. "We hope that other schools will
follow
suit."

Title III of the ADA covers places of public accommodation, such as
private universities, hospitals and restaurants. Title III requires
that
places of public accommodation remove barriers to access from existing
facilities where it is readily achievable to do so. It also requires
that no individual with a disability is discriminated against on the
basis of a disability in the full and equal enjoyment of the services
and
facilities of a place of public accommodation.

People interested in finding out more about the ADA or this agreement
can call the Justice Department's toll-free ADA information line at
1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA Web site at
http://www.ada.gov.

###
08-655

*****

3. JUSTICE DEPARTMENT SIGNS AGREEMENT WITH HUMBOLDT COUNTY, CALIFORNIA,
TO ENSURE CIVIC ACCESS FOR PERSONS WITH DISABILITIES

Wednesday, July 23, 2008

WASHINGTON - The Justice Department today announced an agreement with
Humboldt County, Calif., to improve access to all aspects of civic
life
for persons with disabilities. The agreement was reached under Project
Civic Access, a Justice Department initiative to bring state and local
governments into full compliance with the Americans with Disabilities
Act (ADA).

"Today we are celebrating the commitment that Humboldt County officials
have made to ensure that their community is accessible to all of their
citizens," said Grace Chung Becker, Acting Assistant Attorney General
for Civil Rights. "As a result of today's agreement, many more persons
with disabilities will now be able to participate fully in fundamental
aspects of American life in their own community, including attending
town hall meetings, viewing government Web sites, accessing emergency
services, and voting at their local polling places. Their increased
participation benefits all Americans."

The Department's agreement with Humboldt County specifies that the
county will:

* Make physical modifications to its facilities so that parking,
routes into the buildings, entrances, public telephones, restrooms,
service counters, and drinking fountains are accessible to persons
with
disabilities;

* Post, publish and distribute a notice to inform members of the
public of the ADA's provisions and their applicability to the county's
programs, services and activities;

* Officially recognize California's telephone relay service and
train staff in using the relay service to ensure effective
communication
for people who are deaf or hard of hearing;

* Continue to ensure that 9-1-1 emergency service calls placed by
persons with disabilities who use text telephones (TTYs) are answered
as
quickly as other calls, that such calls are monitored for timing and
accuracy, and that employees are trained and practiced in using a TTY
to
make and receive calls;

* Ensure that the county's official Web site is accessible to
persons with disabilities;

* Develop a method for ensuring that voters with disabilities can
vote independently, and making auxiliary aids and services available
to
the public upon request, including ballots in alternate formats;

* Ensure access to emergency management services for persons with
disabilities; and

* Develop a method for providing information for interested persons
with disabilities concerning the existence and location of the
county's accessible services, activities and programs.

The settlement agreement will remain in effect for three years.

Project Civic Access was initiated to ensure that persons with
disabilities have an equal opportunity to participate in civic life.
As part of
the project, Department investigators, attorneys and architects survey
state and local government facilities and programs for the purpose of
identifying the modifications needed to comply with ADA requirements.
Depending on the circumstances in each community, the agreements
address
specific areas where access can be improved. To date, the Department
has entered into 158 settlement agreements under Project Civic Access,
which improve access in communities throughout the country.

People interested in finding out more about the ADA or today's
agreement with Humboldt County can access the ADA home page at
http://www.ada.gov or can call the toll-free ADA Information Line at
(800) 514-0301 or (800) 514-0383 (TDD).

###
08-644

*****

4. LONG ISLAND, NEW YORK SCHOOL AGREES TO ADMIT STUDENTS WITH DIABETES

Thursday, July 10, 2008

WASHINGTON - The Department of Justice announced today that Raynor
Country Day School, in Long Island, N.Y., has entered into a
settlement
agreement with the United States to resolve two complaints filed by
parents of children with diabetes who were turned down for enrollment
in the
school's day camp last summer.

Pursuant to the agreement, Raynor School will evaluate each application
to its school or camp on a case-by-case basis, and will make
reasonable accommodations to permit children with diabetes to attend
the school
or summer camp. Accommodations may include, but are not limited to,
supervising campers while they monitor blood glucose levels, using
insulin pumps or other diabetes related medical equipment, and
monitoring a
child's consumption of food. The agreement will remain in effect for
three years.

"I congratulate Raynor School for working cooperatively with the
Department of Justice to ensure that children with diabetes will have
the
opportunity to attend Raynor School and to participate fully in its
programs," said Grace Chung Becker, Acting Assistant Attorney General
for the
Civil Rights Division. "The Department of Justice recognizes the
critical importance of enforcing the Americans with Disabilities Act
so
children with disabilities can access educational programs."

The Raynor School allegedly denied requests to permit children with
diabetes to attend the camp and denied requests for the school to
supervise the children in daily monitoring of their diabetes,
including
personal testing by the children of blood glucose levels and
administering
insulin to themselves using a personal insulin pump. Insulin pumps are
commonly used by children and young adults to administer insulin
without a
syringe.

"Schools should not refuse admission or equal opportunity to a child
because the child has diabetes," said Benton J. Campbell, the U.S.
Attorney for the Eastern District of New York. "The summer camp
offered by
Raynor School benefits parents as well as children. Camp programs
allow
parents to work or carry out essential responsibilities while children
play and learn in a safe and healthy environment. No family should be
denied the opportunity for this kind of beneficial summer experience
on the basis of disability."

People interested in finding out more about the ADA or the agreement
can call the Justice Department's toll-free ADA Information Line at
(800)
514-0301 or (800) 514-0383 (TTY), or access its ADA Web site at
www.ada.gov.

###
08-603

*****

5. JUSTICE DEPARTMENT REACHES SETTLEMENT AGREEMENT WITH LIBRARY UNDER
AMERICANS WITH DISABILITIES ACT

Thursday, July 10, 2008

WASHINGTON - The Justice Department announced today a settlement
agreement with West Virginia's Kanawha County Public Library Board
under the
Americans with Disabilities Act (ADA). The agreement, marking the
Department's 157th such agreement, was signed as part of Project Civic
Access, the Department's nationwide initiative that has broadened
opportunities for more than 3 million Americans with disabilities by
bringing
government entities into full compliance with the requirements of
Title
II of the ADA.

"Public libraries are vital civic institutions that help educate and
inform our society," said Grace Chung Becker, Acting Assistant
Attorney
General for the Civil Rights Division. "This agreement will ensure
that
the valuable services offered by Kanawha County Public Library, the
largest public library system in the state of West Virginia, are more
accessible to individuals with disabilities."

Under the settlement agreement, Kanawha County Public Library will make
modifications to each of its 10 library facilities to increase access
for persons with disabilities. The modifications include bringing
into
compliance parking spaces, exterior routes, ramps, library entrances,
book stacks, magazine racks, card catalogs, check-out counters,
restrooms and drinking fountains. In addition to physical
modifications, the
Kanawha County Public Library Board will: ensure that communications
with persons with disabilities are as effective as communications with
others; adopt an ADA grievance procedure; appoint an ADA coordinator;
and take steps to improve the accessibility of its Web site.

According to data from the U.S. Census Bureau, more than one of every
five residents of Kanawha County identifies him or herself as a person
with a disability. At 22 percent, the portion of Kanawha County's
population that has a disability is significantly higher than the
national
average, which is about 15 percent. Nearly 100,000 West Virginians
are
registered to borrow books from the Kanawha County Public Library
system, including residents of all 55 of West Virginia's counties.

"The Kanawha County Public Library fully appreciates our responsibility
to provide the essential free public service of the library to all of
our patrons," said Michael A. Albert, President of the Kanawha County
Public Library Board. "The Library Board and staff are committed to
providing facilities that are as accessible as possible and to making
the
excellent programs and services the library offers available to all."

Project Civic Access was initiated to ensure that persons with
disabilities have an equal opportunity to participate in civic life.
As part
of the project, Department investigators, attorneys, and architects
survey state and local government facilities and programs across the
country for the purpose of identifying modifications needed to comply
with
ADA requirements. Depending on the circumstances in each community,
the
agreements address specific areas where access for persons with
disabilities can be improved.

People interested in finding out more about the ADA or this agreement
can access the ADA Web site at http://www.ada.gov or call the Justice
Department's toll-free ADA Information Line at 800-514-0301 or
800-514-0383 (TTY).

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08-598

*****

6. JUSTICE DEPARTMENT REACHES SETTLEMENT AGREEMENT WITH MEDICAL WEIGHT
LOSS CLINIC

Tuesday, July 8, 2008

WASHINGTON - The Justice Department today announced that it has reached
a settlement with the Medical Weight Loss Clinic, which is
headquartered in Southfield, Mich., under the Americans with
Disabilities Act
(ADA). It was alleged that Medical Weight Loss Clinic refused to
serve a
prospective client because she has HIV disease.

Under the terms of today's agreement, Medical Weight Loss Clinic will
provide training on the non-discrimination provisions of the ADA
generally and as they relate to individuals with HIV disease, and will
adopt
and post at each of its 34 locations a nondiscrimination policy and
procedure. Medical Weight Loss Clinic will also pay the complainant
$20,000 in damages.

"Health-related services must be provided in a non-discriminatory
manner to all persons who need them," said Grace Chung Becker, Acting
Assistant Attorney General for the Civil Rights Division. "The
Justice
Department is committed to ensuring that public accommodations do not
discriminate against individuals with disabilities, including those
with HIV
disease."
"When we are dealing with people's health needs, whether the issue is
weight loss or some other health matter, discrimination against those
who are sick or who are HIV positive simply cannot be permitted," said
Stephen J. Murphy, U.S. Attorney for the Eastern District of Michigan.
"We must ensure that access to health-related services is not barred
due
to this type of unlawful discrimination. Today's settlement is a good
step in that direction."
Title III of the ADA prohibits public accommodations, such as Medical
Weight Loss Clinic, from discriminating against any individual on the
basis of disability with respect to the goods, services, facilities
and
privileges of the public accommodation./crt/ Those interested in
finding
out more about the ADA or the agreement can call the Justice
Department's toll-free ADA Information Line at (800) 514-0301 or (800)
514-0383
(TTY), or access to its ADA Web site at http://www.ada.gov.

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08-592

*****

7. BUS OPERATOR WILL PROVIDE ACCESSIBLE SERVICE FOR INDIVIDUALS IN
WHEELCHAIRS

Monday, July 7, 2008

WASHINGTON - The Department of Justice announced today that it has
reached a settlement with New Century Travel, Inc. under the Americans
with
Disabilities Act (ADA) and has filed a complaint and a proposed
consent decree in the U.S. District Court of the District of Columbia.
The
proposed decree, which is subject to the approval of the Court,
enforces
the ADA's requirement that over-the-road discount bus service be
accessible for persons with disabilities. New Century provides
low-cost,
fixed route service to major cities along the East Coast, including
Washington, D.C., Philadelphia and New York City.

This is the first decree secured between the Department and a low cost,
fixed route carrier. Among other things, the decree provides that
persons who use wheelchairs can schedule rides on buses equipped with
wheelchair lifts with 48 hours advance notice to New Century.

"This settlement opens the roads to individuals with mobility
impairments who now will be able to take advantage of low-cost travel
opportunities and to make arrangements for accessible transportation
with less
difficulty," said Grace Chung Becker, Acting Assistant Attorney
General
for the Civil Rights Division. "It ensures that New Century welcomes
individuals with disabilities on an equal basis with all other
riders."

The consent decree further provides that New Century will modify its
web site to enable persons with disabilities to reserve a seat on an
accessible over-the-road bus and to receive confirmation of their
arrangements in writing in a timely manner. It also requires New
Century to
post notices on its web site, in stations and in pick-up locations
indicating that it is obligated to provide accessible transportation
to
persons with disabilities, and to train relevant employees about the
requirements of the ADA and how they apply to New Century, including
policies,
practices and procedures to be adopted as a result of this consent
decree. New Century also will pay $5,000 in civil penalties to the
United
States and $1,000 in compensatory damages to persons who were denied
accessible transportation by the company.

The consent decree is the result of an investigation conducted by the
Department to ensure that over-the-road bus companies comply with the
ADA accessibility requirements and provide accessible transportation.

These actions were taken to enforce Section 304 of the ADA, and the
relevant regulations promulgated by the Department of Justice and the
Department of Transportation. Among other things, the regulations
govern
the purchase or lease of new over-the- road buses and require
accessible
service. In addition, until 100% of its over-the-road bus fleet is
accessible, a small operator of a fixed route system must ensure that
any
individual with a disability who requests accessible service on an
over-the-road bus receives that service. More detailed information
about
these requirements and the New Century consent decree can be found on
the Department of Justice Web site at http://www.ada.gov. People
interested in finding out more about the ADA or this consent decree
can call
the Justice Department's toll-free ADA Information Line at
1-800-514-0301 or 1-800-514-0383 (TTY).

###
08-590

*****

8. JUSTICE DEPARTMENT REACHES SETTLEMENT TO IMPROVE CONDITIONS AT A
NEBRASKA DEVELOPMENTAL CENTER

Monday, June 30, 2008

WASHINGTON - The Justice Department announced today a settlement with
the State of Nebraska concerning the care given to residents of the
Beatrice State Developmental Center (BSDC). BSDC is a state-owned and
operated residential facility that serves almost 300 persons with
mental
retardation or other developmental disabilities. The agreement,
submitted
to and subject to the approval of the U.S. District Court, stems from
concerns about conditions and practices at BSDC based on the
Department's investigation of the facility, pursuant to the Civil
Rights of
Institutionalized Persons Act (CRIPA).

The State of Nebraska fully cooperated with the Department's
investigation. Under the terms of the settlement agreement, the State
will work
to ensure that BSDC residents are safe and receive the care and
services necessary to meet their individualized needs. Specifically,
the State
has agreed to undertake a variety of measures, such as: providing a
safe and humane environment with zero tolerance for abuse or neglect
of
residents; providing adequate medical care, nursing services, and
nutritional and physical support, including therapy and communication
support; providing adequate psychological and behavioral services and
psychiatric care; and ensuring that residents are free from undue
bodily
restraint. The State will also ensure that each resident is served in
the
most integrated setting pursuant to the Americans with Disabilities
Act.

Under the terms of the agreement, Nebraska will fund and work with an
independent expert who will oversee the State's compliance with the
agreement. The agreement contemplates that the State will reach
compliance
within four years.

"By agreeing to implement a comprehensive and effective remedial plan,
Nebraska officials have demonstrated a genuine commitment to address
the needs of the State's citizens with developmental disabilities in a
positive and constructive manner," said Grace Chung Becker, Acting
Assistant Attorney General for Civil Rights. "We are very pleased
that we
were able to work cooperatively with the State to arrive at a
resolution
that will ensure that the rights of persons with developmental
disabilities are protected. We applaud the State of Nebraska for its
innovative efforts to more effectively serve BSDC residents and ensure
their
health, safety, and welfare."

"The ability to expeditiously fashion this comprehensive agreement,
reflects the importance both State and Federal authorities place on
the
dignity of care provided to all in need," said Joe W. Stecher, U.S.
Attorney for the District of Nebraska.

The remedial agreement represents a negotiated resolution of the
Justice Department's investigation that would not have been possible
without
the cooperation and commitment of the Governor of Nebraska, Dave
Heineman, the head of the Nebraska Department of Health and Human
Services,
Christine Peterson, and the director of the State Division of
Developmental Disabilities, John Wyvill.

CRIPA authorizes the Attorney General to investigate conditions in
certain institutions owned or operated by, or on behalf of, state or
local
governments. These institutions include nursing homes, residential
facilities serving people with mental retardation or other
developmental
disabilities, mental health facilities, jails, prisons, and juvenile
correction facilities. CRIPA's focus is on systemic deficiencies
rather
than individual, isolated problems.

More information about the Civil Rights Division of the Justice
Department, and the laws it enforces, is available at
http://www.usdoj.gov/crt.

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08-578

*****

9. JUSTICE DEPARTMENT SETTLES IDAHO LAWSUIT ALLEGING HOUSING
DISCRIMINATION ON BEHALF OF PERSONS THDISABILITIES

Thursday, May 29, 2008

WASHINGTON - The Justice Department today announced that the owners and
managers of Shadow Canyon Apartments, located in Idaho Falls, Idaho,
have agreed to pay $62,000 to resolve a lawsuit filed by the
Department
alleging that defendants refused to allow residents with disabilities
to keep assistance dogs.

"The Fair Housing Act requires landlords to make reasonable
accommodations for persons with disabilities," said Grace Chung
Becker, Acting
Assistant Attorney General for the Civil Rights Division. "The
Department
will continue to vigorously enforce laws that prevent discrimination
against people with disabilities."

This lawsuit arose as a result of a charge of discrimination issued by
the U.S. Department of Housing and Urban Development (HUD) following
HUD's investigation of a complaint filed by the Intermountain Fair
Housing Council.

The consent decree, which must be approved by the U.S. District Court
in Idaho, calls for training, a nondiscrimination policy, record
keeping, and monitoring. Additionally, defendants will pay $7,500 to
compensate a former tenant and $17,000 to compensate the Intermountain
Fair
Housing Council. In addition, they will establish a $12,500 fund to
compensate any victims subsequently identified by the United States,
and they
will pay a $25,000 civil penalty to the United States.

Individuals who believe that they may have been a victim of
discrimination at Shadow Canyon Apartments should call the Justice
Department's
Housing and Civil Enforcement Section at 1-800-896-7743. Anyone
wishing
to report other unlawful housing discrimination should also contact
the
Department of Housing and Urban Development at 1-800-669-9777.

The federal Fair Housing Act prohibits discrimination in housing based
on race, color, religion, national origin, sex, disability and
familial
status. Since Jan. 1, 2001, the Justice Department's Civil Rights
Division has filed 247 cases to enforce the Fair Housing Act, 117 of
which
have alleged discrimination based on disability. More information
about the Civil Rights Division and the laws it enforces is available
at
http://www.usdoj.gov/crt.

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08-477

*****

10. JUSTICE DEPARTMENT SETTLES DISABILITY DISCRIMINATION CASE WITH
CONNECTICUT LANDLORD FOR $115,000

Tuesday, May 27, 2008

WASHINGTON - The Justice Department today announced a $115,000 consent
decree settlement to resolve a lawsuit alleging that a Windsor Locks,
Conn., landlord violated the Fair Housing Act by refusing to grant a
tenant's requests for a reasonable accommodation.

The lawsuit, filed on Aug. 1, 2007, in the U.S. District Court for the
District of Connecticut, alleges that Mahmoud M. Hussein refused to
grant a reasonable accommodation from his no-pets policy so that his
tenant's minor daughter could work with an assistance dog to help with
her
cerebral palsy, seizure disorder, and depression. The lawsuit further
alleges that Hussein retaliated against the mother and daughter after
they attempted to exercise their rights under the Fair Housing Act by
refusing to renew their annual lease and beginning eviction
proceedings.
The tenant and her daughter filed a separate lawsuit that also will
be
resolved by the consent decree.

Under the consent decree, which is pending approval by the court, the
defendant will pay $115,000 in monetary relief, including $102,000 to
compensate the tenant and her daughter and $13,000 in attorneys fees.
Additionally, the defendant will attend fair housing training;
implement
a reasonable accommodation policy; and comply with notice, monitoring
and reporting requirements.

"In this case, a child with severe disabilities was denied an
assistance animal," said Grace Chung Becker, Acting Assistant Attorney
General
for the Civil Rights Division. "We are pleased that this settlement
will
compensate the child's family and protect their housing rights."

The lawsuit arose as a result of a complaint filed by the tenant on
behalf of herself and her daughter with the U.S. Department of Housing
and
Urban Development (HUD). After an investigation of the complaint, HUD
issued a charge of discrimination, and the complainant elected to have
the case heard in federal court.

The federal Fair Housing Act prohibits discrimination in housing based
on race, color, religion, national origin, sex, disability and
familial
status. Since Jan. 1, 2001, the Justice Department's Civil Rights
Division has filed 247 cases to enforce the Fair Housing Act, 117 of
which
have alleged discrimination based on disability. More information
about the Civil Rights Division and the laws it enforces is available
at
http://www.usdoj.gov/crt. Individuals who believe that they may have
been victims of housing discrimination can call the Housing
Discrimination Tip Line (1-800-896-7743), email the Justice Department
at
fairhousing@usdoj.gov, or contact the U.S. Department of Housing and
Urban Development at 1-800-669-9777.

###
08-470

*****

11. JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT AGAINST CITY OF
SATSUMA, ALABAMA

Wednesday, May 7, 2008

WASHINGTON - The Justice Department today sued the City of Satsuma,
Ala., for violating the Fair Housing Act when the city refused to
allow
three women with disabilities to live together in a group home. The
suit,
filed in the U.S. District Court for the Southern District of Alabama,
charges that Satsuma refused to make reasonable accommodations in its
rules, policies, practices or services, which were necessary to afford
the residents an opportunity to use and enjoy their home.

The three adult residents lived in a single-family home with supportive
services provided by professional care-givers. The City's zoning
ordinance permits five unrelated persons to reside together in
single-family homes in residential zones of the City.

"The Fair Housing Act ensures that persons with disabilities have the
right to live in communities of their choice. We will continue to
enforce the Act vigorously," said Grace Chung Becker, Acting Assistant
Attorney General for the Justice Department's Civil Rights Division.

This lawsuit arose as a result of complaints filed with the U.S.
Department of Housing and Urban Development (HUD) by the three women,
each of
whom has a diagnosis of mental retardation. HUD referred the cases to
the Justice Department after conducting an investigation.

The suit seeks a court order prohibiting future discrimination by the
City and requiring the City to grant the requested accommodation, pay
monetary damages to compensate victims, and pay a civil penalty.

The federal Fair Housing Act prohibits discrimination in housing based
on race, color, religion, national origin, sex, disability and
familial
status. Since Jan. 1, 2001, the Justice Department's Civil Rights
Division has filed 246 cases to enforce the Fair Housing Act, 117 of
which
have alleged discrimination based on disability. More information
about
the Civil Rights Division and the laws it enforces is available at
http://www.usdoj.gov/crt. Individuals who believe that they may have
been victims of housing discrimination can call the Housing
Discrimination Tip Line (1-800-896-7743), email the Justice Department
at
fairhousing@usdoj.gov, or contact the U.S. Department of Housing and
Urban Development at 1-800-669-9777.

###
08-387

*****

12. JUSTICE DEPARTMENT REACHES SETTLEMENT WITH UNIVERSITY OF MICHIGAN
CONCERNING FOOTBALL STADIUM'S
ACCESSIBILITY FOR PERSONS WITH DISABILITIES

Monday, March 10, 2008

WASHINGTON - The Justice Department announced today that it has
resolved a lawsuit against the University of Michigan under the
Americans with
Disabilities Act (ADA). The Justice Department and the Michigan
Paralyzed Veterans Association brought suit to challenge the lack of
accessible seating in the university's football stadium. Today, the
federal
district court in Detroit entered a consent decree resolving the
lawsuit.

Under the settlement agreement, the university - which is currently in
the midst of a $226 million expansion of the stadium - will add over
200 wheelchair and companion seats to the stadium during the next two
years. The majority of these seats will be along the sidelines.
Currently, the stadium has 81 pairs of wheelchair and companion seats,
all
located in the end zones. The university is planning to add luxury
boxes
and suites as part of its expansion project, and those seating areas
also
will include additional wheelchair seating. By the 2010 football
season, the university will have over 300 pairs of wheelchair and
companion
seats dispersed throughout the stadium as a result of this consent
decree.

The university also agreed to significantly modify its ticketing
policies for wheelchair and companion seats for a two-year period
following
the time that each seating area becomes available. This will help to
ensure that individuals who use wheelchairs will be afforded a
meaningful
opportunity to purchase these seats. The university will also add
accessible parking, improve inaccessible toilet rooms, and provide
accessible routes to and throughout the stadium.

"The Justice Department is committed to continued vigorous enforcement
of the Americans with Disabilities Act. This agreement will ensure
that the university's football stadium, which is the largest college
football stadium in the United States, has the accessible seating and
amenities that federal law requires," said Grace Chung Becker, Acting
Assistant Attorney General for the Civil Rights Division. "I commend
the
University of Michigan and the Michigan Paralyzed Veterans Association
for
working cooperatively with the United States to ensure that the rights
of individuals with disabilities are protected."

"This is a great day for all University of Michigan fans. Thanks to
the cooperation of U of M, and the hard work and dedication of those
Department of Justice attorneys who work diligently every day on civil
rights matters, fans with disabilities - as well as their families and
friends - will be able to enjoy the excitement of all home games
together,"
said Stephen J. Murphy, U.S. Attorney for the Eastern District of
Michigan.

The Justice Department intervened in this lawsuit against the
university on Nov. 26, 2007, after receiving a referral from the U.S.
Department
of Education following its lengthy investigation of complaints filed
by persons who use wheelchairs. The University had previously entered
voluntary agreements with the Department of Education.

People interested in finding out more about the ADA or the agreement
can call the Justice Department's toll-free ADA Information Line at
(800)
514-0301 or (800) 514-0383 (TTY), or access its ADA Web site at
http://www.ada.gov.

###
08-186

*****

13. DEPARTMENTS OF HOUSING AND URBAN DEVELOPMENT AND JUSTICE RELEASE
NEW GUIDANCE ON "REASONABLE
MODIFICATIONS" UNDER THE FAIR HOUSING ACT

Wednesday, March 5, 2008

DEPARTMENTS OF HOUSING AND URBAN DEVELOPMENT AND JUSTICE
RELEASE NEW GUIDANCE ON "REASONABLE MODIFICATIONS" UNDER THE FAIR
HOUSING ACT

WASHINGTON - New guidance released this week by the Departments of
Housing and Urban Development (HUD) and Justice (DOJ) reinforced the
right
of persons with disabilities to make "reasonable modifications" to
their dwellings if a structural change to their dwelling or to a
common
area of the building or complex in which they live is needed so that
they
can fully enjoy the premises.

The guidance is designed to help housing providers and homeowners'
associations better understand their obligations and help persons with
disabilities better understand their rights regarding the "reasonable
modifications" provision of the federal Fair Housing Act (FHA).

"The right to reasonable modifications is essential to ensuring that
persons with disabilities can fully enjoy the homes in which they
live,"
said Grace Chung Becker, Acting Assistant Attorney General for the
Justice Department's Civil Rights Division. "This guidance will help
housing providers understand their obligations under this important
component of the Fair Housing Act."

"Persons with disabilities have a right to have the place they call
home altered in a way that will enable them to fully enjoy it," said
Kim
Kendrick, HUD's Assistant Secretary for Fair Housing and Equal
Opportunity. "This guidance is a major step toward enforcing that
right today,
and for generations to come."

The FHA prohibits discrimination in housing based on disability, race,
color, religion, national origin, sex and familial status. HUD and
DOJ
share responsibility for enforcing the FHA. HUD is the agency with
the primary responsibility to investigate individual complaints of
discrimination. The Secretary of HUD, on his own initiative, may
file
complaints alleging discrimination. In addition, the Attorney General
may
commence a civil action in federal court when he has reasonable cause
to believe that person(s) are engaged in a pattern or practice of
discrimination or that a group of persons has been denied rights
protected by
the FHA.

One type of discrimination prohibited by the FHA is the refusal by
housing providers or homeowner associations to permit a reasonable
modification - i.e., a structural alteration - of existing premises,
occupied
or to be occupied by a person with a disability, when the modification
may be necessary to afford the person full enjoyment of the
premises.
Although the housing provider or homeowner association must permit the
modification, the tenant (or prospective tenant) is responsible for
paying the cost of the modification. Examples of reasonable
modifications include widening doorways to make rooms more accessible
to persons
who use wheelchairs or installing a ramp to provide access to a public
or
common use area, such as a clubhouse.

The new guidelines, issued in the form of questions and answers, cover
such topics as:

* What is a reasonable modification?

* Who must comply with the reasonable modification requirement?

* Who is responsible for expenses associated with the upkeep or
maintenance of a reasonable modification?

* When and how should an individual request permission to make a
modification?

* What types of documents and assurances may a housing provider
require regarding the modification before granting the modification?

* What procedures are available to a person wishing to challenge a
denial of a requested modification?

The guidelines are available online at both
http://www.usdoj.gov/fairhousing and
http://www.hud.gov/offices/fheo/disabilities.

Since January 2001, HUD and its Fair Housing Assistance Program
partners have investigated and either conciliated or charged nearly
10,000
cases that alleged discrimination based on disability. Since Jan.1,
2001,
the Justice Department's Civil Rights Division has filed 244 cases to
enforce the Fair Housing Act, 115 of which have alleged discrimination
based on disability. More information about HUD and the civil rights
laws it enforces is available at
http://www.hud.gov/offices/fheo/aboutfheo/aboutfheo.cfm. More
information about the DOJ Civil Rights Division and the laws it
enforces is
available at http://www.usdoj.gov/crt.

Individuals who believe that they may have been victims of housing
discrimination should contact HUD at 1-800-669-9777. In addition,
individuals may contact DOJ at 1-800-896-7743, or they may email DOJ
at
fairhousing@usdoj.gov.

###
08-171

*****

14. JUSTICE DEPARTMENT SETTLES HOUSING DISCRIMINATION LAWSUIT WITH
ALBANY, NEW YORK, DEVELOPERS

Friday, January 18, 2008

WASHINGTON - The Justice Department today reached a Fair Housing Act
settlement with New York developers Bruce Tanski, the Bruce Tanski
Construction and Development Company, Michael Dennis, and the Mountain
Ledge
Development Corporation. The settlement resolves the government's
demands for monetary and other relief stemming from a federal district
court's earlier ruling that these developers violated the Fair Housing
Act
by failing to design and construct seven Albany-area apartment
complexes to be accessible to persons with disabilities.

"With this settlement, persons in wheelchairs will be able to enter the
doors of their homes, reach their thermostats, and move around in
their kitchens and bathrooms," said Grace Chung Becker, Acting
Assistant
Attorney General for the Civil Rights Division. "This settlement will
open up 362 more apartments to persons with disabilities."

The government brought this suit to enforce provisions of the federal
Fair Housing Act that require certain multifamily dwellings to include
design features that make them more accessible to persons with
physical
disabilities. In 2007, the court found that the defendants violated
the Act by failing to install accessible entrances, bathrooms, and
kitchens; thermostats within the reach of persons in wheelchairs; and
accessible pedestrian walkways at the McGregor Village Apartments,
Clifton
Court North Apartments, Andrea Court Apartments, Cranberry Estates,
Pine
Ridge II Apartments, Halfmoon Court Apartments, and Carol Jean
Estates.
For example, all of the ground floor units at these complexes were
built with one or more steps in front of them.

The settlement, which still must be approved by the court, requires the
defendants to eliminate these steps and retrofit the apartments; to
retrofit public and common use areas; and to pay $155,000 in damages
to
persons identified by the government as having been harmed by these
inaccessible features, and $20,000 in civil penalties to the
government.
In addition, the settlement requires the defendants to comply with
federal accessibility requirements in all future construction of
apartment
complexes; to report to the government on any future construction
projects; and to undergo training on the requirements of the Fair
Housing
Act. Earlier settlements with three architect and engineer defendants
in
this case included an additional $18,000 for payments to victims.

The settlement also resolves the government's claim that Michael Dennis
and the Mountain Ledge Development Corporation failed to grant
reasonable accommodations to persons with disabilities. Under the
terms of
the agreement, these defendants must develop and post a reasonable
accommodation policy that contains specific and objective standards
and
procedures for handling requests by people with disabilities for
reasonable
accommodations. These defendants are required to maintain records of
such requests and to report them and any related complaints to the
government.

The case began when a tenant of McGregor Village filed a fair housing
complaint with the U.S. Department of Housing and Urban Development
(HUD). After investigating the matter, HUD issued a charge of
discrimination, and the matter was referred to the Justice Department,
which filed
the lawsuit in June 2004.

"The Fair Housing Act requires that covered multifamily dwellings
constructed for first occupancy after March 13,1991, take into
consideration
the needs of persons with disabilities," said Kim Kendrick, HUD
Assistant Secretary for Fair Housing and Equal Opportunity. "Stairs
without
ramps, doorways too narrow for wheelchairs, and environmental controls
that are inaccessible, deny persons with disabilities equal access to
the housing of their choice. This is unacceptable when one out of
five
people living in our country has a disability."

The federal Fair Housing Act prohibits discrimination in housing based
on race, color, religion, national origin, sex, disability and
familial
status. Since January 1, 2001, the Justice Department's Civil Rights
Division has filed 241 cases to enforce the Fair Housing Act, 114 of
which have alleged discrimination based on disability. More
information
about the Civil Rights Division and the laws it enforces is available
at http://www.usdoj.gov/crt. Individuals who believe that they may
have
been victims of housing discrimination can call the Housing
Discrimination Tip Line (1-800-896-7743), email the Justice Department
at
fairhousing@usdoj.gov, or contact the U.S. Department of Housing and
Urban Development at 1-800-669-9777.

###
08-039

- - - - - - - - - -

October is Disability Awareness Month

‘America’s People, America’s Talent... America’s Strength!’
is 2008 National Disability Employment Awareness Month theme
WASHINGTON - U.S. Secretary of Labor Elaine L. Chao today announced
that "America's People, America's Talent... America's Strength!" will
be
the official 2008 theme for National Disability Employment Awareness
Month, which is observed in October nationwide. The 2008 theme
captures
the accomplishments highlighted in the 2007 progress report on
President
Bush's New Freedom Initiative for people with disabilities.

"Full access to community life for Americans with disabilities is an
imperative and this year's theme conveys the tremendous contributions
that these Americans can make in the workplace," said Secretary Chao.

Each October is National Disability Employment Awareness Month by
congressional designation. The Labor Department's Office of Disability
Employment Policy (ODEP) leads the nation's activities and produces
materials to increase the public's awareness of the contributions and
skills of
American workers with disabilities. Typically, private sector;
federal, state and local government; and advocacy organizations
piggyback on
the same theme to plan events and programs that showcase the abilities
of employees and job candidates with disabilities.

"It is important to note that having people with disabilities in the
workplace is valuable to the individual and to businesses," said Neil
Romano, assistant secretary for the Labor Department's Office of
Disability Employment Policy. "People with disabilities are the next
great wave
of diversity, and diversity fosters innovation to drive our economy
and
our nation into the future."

ODEP is leading a 21st century federal response to the historic
underemployment of people with disabilities. In collaboration with
other
government agencies, public and private employers, and additional
stakeholders, ODEP facilitates the development and implementation of
innovative
policies and practices necessary to achieve a fully inclusive
workplace.
ODEP's work primarily falls into three categories: employers and the
workplace; workforce systems; and employment-related supports, which
include education and training, health care, reliable transportation,
affordable housing and assistive technology. For more information, or
order
the posters go to: http://www.dol.gov/odep/

Disability Resources

ADA site
Disabilty Resources- especially Scholarships
Self Employment -Tips from Lois - dealt a hand w/brain injury
Disaboom- Disability Resources from Health to Accessibility
Disability Posters
Massachusetts has good supports too
Mass Works Inclusion Ideas in Getting Back to Work
$1500 videocontest on disability employment