LANDMARK $10.5 MILLION DISABILITY HOUSING LAWSUIT SETTLED

FROM:  U.S. JUSTICE DEPARTMENT
Monday, June 25, 2012
Justice Department Obtains Landmark $10.5 Million Settlement to Resolve Disability-Based Housing Discrimination Lawsuit
WASHINGTON – The Justice Department today announced its largest-ever disability-based housing discrimination settlement fund to resolve allegations that JPI Construction L.P. and six other JPI entities (collectively “JPI”) based in Irving, Texas, discriminated on the basis of disability in the design and construction of multifamily housing complexes throughout the United States.

Under the settlement, which was approved today by the U.S. District Court for the Northern District of Texas, JPI will pay $10,250,000 into an accessibility fund to provide retrofits at properties built by JPI and to increase the stock of accessible housing in the communities where these properties are located.  The settlement also requires JPI to pay a $250,000 civil penalty.  This is the largest civil penalty the Justice Department has obtained in any Fair Housing Act case.

“Today’s historic settlement demonstrates the Justice Department’s commitment to protecting the fair housing rights of persons with disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “Builders of multifamily housing must consider accessibility at the outset, or they risk significantly greater expense to retrofit properties.  As a result of this settlement, multifamily housing complexes will be retrofitted to comply with the Fair Housing Act and the Americans with Disabilities Act, and persons with physical disabilities will be afforded an equal opportunity to live in and visit these properties.”

“Equal access to housing for persons with disabilities is an important right protected by federal law,” said U.S. Attorney for the Northern District of Texas Sarah R. Saldaña.  “This settlement will help eliminate barriers and send a clear message that disability discrimination will not be tolerated.  Disabled residents should know that this district remains committed to protecting their fair housing rights.”

The lawsuit was filed in March 2009, after the Justice Department conducted an investigation and found accessibility barriers at various JPI properties.  Since 1991, JPI and its affiliates built 210 multifamily properties in 26 states and the District of Columbia; trial involving 32 of JPI’s properties was scheduled to begin July 9, 2012.

In addition to the $10.5 million payment, the consent order prohibits JPI from discriminating on the basis of disability in the future and from interfering with or preventing the retrofitting that will take place at the JPI properties.  Although JPI is no longer in the multifamily development and construction business, if JPI reenters the business, it is required to design and construct covered multifamily dwellings to fully comply with the requirements of the Fair Housing Act and the Americans with Disabilities Act.

The JPI entities that are responsible for paying the settlement amount are: JPI Construction L.P.; Multifamily Construction L.L.C.; JPI Apartment Development L.P., dba JPI Campus Quarters; Lifestyle Apartment Development Service L.L.C.; Jefferson Bend L.P., dba Jefferson at Mission Gate Apartments; Jefferson Lake Creek L.P., dba Jefferson Center Apartments; and Apartment Community Realty L.L.C.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  Individuals who believe that they may have been victims of housing discrimination should call the Housing Discrimination Tip Line (1-800-896-7743) or email the Justice Department at fairhousing@usdoj.gov.  Such persons may also contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

U.S. JUSTICE DEPARTMENT ISSUES MORE GUIDANCE ON SWIMMING POOL ACCESSIBILITY

FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, May 24, 2012
Justice Department Issues Further Guidance on Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations
The Justice Department released two technical assistance documents today regarding the application of the Americans with Disabilities Act (ADA) to swimming pools. The documents can be found at www.ada.gov//qa_existingpools_titleIII.htm and www.ada.gov/pools_2010.htm.

Many people with disabilities could benefit from the social, recreational and exercise benefits of swimming.   However, until September 2010, there were no accessibility standards for swimming pools under the ADA.   In September 2010, the department issued a regulation providing accessibility requirements for swimming pools.   The rules were originally set to become effective on March 15, 2012.   Newly constructed and altered pools must be fully accessible to people with disabilities as of March 15, 2012, by providing pool lifts, sloped entries, or other specified accessibility features.   However, many pool owners had misunderstandings about how to apply the new accessibility requirements to pre-existing pools.  Therefore, the department has extended the compliance date for existing pools to Jan. 31, 2013.

In its continuing effort to be responsive to both pool owners and the disability community, the department has now issued a technical assistance document addressing 19 common questions about accessibility requirements for existing pools.   The document emphasizes the application of the requirement that pool owners remove accessibility barriers to the extent it is readily achievable to do so.   The document explains, “Readily achievable means that it is easily accomplishable without much difficulty or expense.   This is a flexible, case-by-case analysis, with the goal of ensuring that ADA requirements are not unduly burdensome, including to small businesses.”

Recognizing that some pool owners who attempted to comply with the rule before the original compliance date mistakenly believed that portable lifts were generally acceptable, the department also provides that it will not enforce the fixed elements of the 2010 standards against those owners of existing pools who purchased otherwise-compliant portable lifts prior to March 15, 2012, as long as those owners keep the lifts in position for use at the pool and operational during all times that the pool is open to guests.

Significant tax credits and deductions are available to help businesses of all sizes offset any costs of ADA compliance.   The department is committed to providing technical assistance and education to ensure that covered entities and people with disabilities understand their rights and responsibilities under the ADA.   The department has offered two live webinars on pool accessibility.   Additional information about the ADA’s requirements, including the 2010 ADA standards, is available on the department’s ADA website at www.ada.gov.   ADA specialists are also available on the ADA Information Line at 800-514-0301 (voice); 800-514-0383 (TTY).  Specialists are available Monday through Friday from 9:30 a.m. until 5:30 p.m. EDT, except on Thursday, when the hours are 12:30 p.m. until 5:30 p.m.

VOTERS WITH DISABILITIES HAVE A WIN IN FLINT MICHIGAN

FROM:  U.S. DEPARTMENT OF JUSTICE
Monday, May 21, 2012
Justice Department Settles with Flint, Michigan, to Make Voting Accessible to People with Disabilities
The Justice Department today announced a settlement under the Americans with Disabilities Act (ADA) with the city of Flint, Mich., to make all the city’s polling places more accessible for individuals with mobility impairments.   The case was commenced based on a complaint from the Michigan Protection and Advocacy Service, and was investigated jointly by the Civil Rights Division and the U.S. Attorney’s Office in the Eastern District of Michigan.

Under the terms of the settlement, the city of Flint recognizes that accessible polling places are the cornerstone of its voting accessibility program and will make all of its polling places accessible to people with disabilities by the November 2012 elections.   The settlement also requires that accessibility will be a major factor in the city’s choices of future polling places.   To assist Flint to make its elections accessible, the Justice Department will provide technical assistance to the city in deciding whether a polling place location can be made accessible on Election Day.

“Voters with disabilities in the city of Flint will now have the opportunity to exercise their franchise in the same way as other voters in Flint,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We applaud the city’s commitment in ensuring equal access to the polls before the upcoming fall elections.”

“Voting is the foundation of democracy.  This agreement will help ensure that people with disabilities have the opportunity to cast their votes at polling places, alongside their neighbors, and have their voices heard.” said Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan.

HEALTH CARE PROVIDERS SETTLE HIV DISCRIMINATION COMPLAINTS

Photo:  Lady Justice.  Credit Wikimedia.
FROM:  U.S. DEPARTMENT OF JUSTICE
Friday, May 11, 2012
Health Care Providers Settle with Justice Department Over Complaints of HIV Discrimination

The Justice Department announced that it has reached two settlements today resolving claims that health care providers refused to serve people with HIV in violation of the Americans with Disabilities Act (ADA).

The first complaint was filed by a man with HIV who went to the Mercy Medical Group Midtown Clinic in Sacramento, Calif.   After meeting with the patient and examining him, a podiatrist at the clinic informed the patient of his treatment options.   Although surgery was one of the treatment options, the podiatrist incorrectly told the patient that he could not perform the surgery because of a risk that he would contract HIV from the patient during surgery.   The United States determined that the podiatrist’s actions violated the ADA by denying the patient the full and equal enjoyment of the services offered at the clinic on the basis of his disability.

The second complaint was filed by a man with HIV who went to the Knoxville Chiropractic Clinic North in Knoxville, Tenn., for chiropractic treatment following an automobile accident.   After examining him, the doctor determined that the patient required 24 subsequent appointments to treat his injuries.   On his third visit to the clinic, however, the receptionist informed him that the doctor would not see him because they could not treat people “like him.”   The United States determined that Knoxville Chiropractic Centers had a blanket policy of refusing treatment to persons with HIV in violation of the ADA.

“It is critical that people with disabilities, including HIV, not be denied equal access to goods and services, especially to health care services.   The Civil Rights Division takes discrimination based on unfounded fears and stereotypes about HIV very seriously,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “We applaud Mercy Medical Group and CHW Medical Foundation, as well as Knoxville Chiropractic Centers, for working cooperatively with the Justice Department to resolve these matters quickly and fairly.”

The settlement agreements require the entities to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.   In addition, Mercy Medical Group and CHW Medical Foundation are required to pay $60,000 to the complainant and $25,000 as a civil penalty, and Knoxville Chiropractic Centers is required to pay $10,000 as a civil penalty.

The ADA requires public accommodations, like doctors’ offices, medical clinics, hospitals and other health care providers, to provide individuals with disabilities, including people with HIV, equal access to goods, services, privileges, accommodations, facilities, advantages and accommodations.

The Department of Justice provides a webpage specifically dedicated to information about the ADA and HIV at www.ada.gov/aids.   Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov.  ADA complaints may be filed by email toada.complaint@usdoj.gov.

JUSTICE DEPARTMENT SETTLES DISCRIMINATION SUIT WITH MIDGET FOOTBALL LEAGUE

The following excerpt is from the U.S. Justice Department website:  
Tuesday, March 20, 2012
WASHINGTON – The Justice Department announced it has reached a settlement with the Mountain Valley, Pa., Midget Football League to ensure that children with disabilities are offered an equal opportunity to play youth football.

The settlement resolves a complaint under the Americans with Disabilities Act (ADA) filed by the mother of a seven-year-old boy with ocular albinism, a condition that results in having little or no pigment in the eyes and often causes extreme sensitivity to sunlight.  According to the complaint, the league refused the mother’s requests to allow the boy to play football with a helmet that has a tinted visor, which would help to block sunlight.  The Justice Department determined that the league violated the ADA by failing to make a reasonable modification of its policies, practices and procedures to permit the boy to use a tinted visor when playing football.

“People with disabilities cannot be denied the full and equal enjoyment of services, privileges and public accommodations, including youth football leagues,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “This settlement is another example of the Justice Department’s commitment to ensure equal access for people with disabilities.”

The settlement agreement requires the league to develop and implement a disability rights policy, to train league officials on the requirements of the ADA and to grant requests for reasonable modifications, like the one at issue here.  The league is also required to pay $1,000.00 to the complainant’s family.

The ADA requires public accommodations, like the league, to provide individuals with disabilities equal access to goods, services, privileges, accommodations, facilities, advantages and accommodations.  Public accommodations must also make reasonable modifications to their policies, practices or procedures when the modifications are necessary to afford goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless making the modification would cause a fundamental alternation.