HomeMy WebLinkAboutAgenda_ADA_06.14.2017Notice of Meeting for the
Americans with Disabilities Accessibility Adv isory Board
of the City of Georgetown
June 14, 2017 at 6:00 PM
at GMC Building - 300-1 Industrial Av e, Georgetown, TX 78626
The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u
req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le
as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's
Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th
Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711.
Regular Session
(This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose
authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.)
A Call to Ord er
The Board may, at any time, rec es s the R egular S es s io n to convene in Exec utive S es s io n at the reques t of
the Chair, a Board Memb er, the City Manager, As s is tant City Manager, G eneral Manager of Utilities, City
Co uncil Member, o r legal c o uns el for any p urpos e authorized b y the Op en Meetings Act, Texas
Government C o d e Chapter 551, and are s ubjec t to actio n in the Regular Ses s ion that follows .
B Introduction of Vis itors
C Ped es trian Network Improvements FY2016-2020 - Nat Waggoner, PMP, AICP, Trans p o rtatio n Analys t
D Pro ject updates - Nat Waggoner, PMP, AICP, Trans p o rtatio n Analys t
Legislativ e Regular Agenda
E Review and p o s s ib le ac tion to approve the minutes from the Regular ADA Bo ard meeting held on April
12, 2017 and May 10, 2017. – Jana Kern – ADA Bo ard Liais o n
F Pres entatio n, dis c us sion and possible rec o mmendatio n o f revis io ns to the Pub lic Safety Chap ter o f the
2016 ADA Trans itio n Plan - Nat Waggoner, PMP, AICP, Trans p o rtation Analys t
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2017, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 1 of 21
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
June 14, 2017
SUBJECT:
Pedestrian Netwo rk Imp ro vements FY2016-2020 - Nat Waggo ner, PMP, AIC P, Trans portation Analyst
ITEM SUMMARY:
Staff rec o gnizes that the May 2017 b o ard review of p ed es trian improvements d id no t inc lude work
completed in FY16 and F Y17.
FINANCIAL IMPACT:
None
SUBMITTED BY:
Nat Waggoner, PMP, AICP
ATTACHMENTS:
Description Type
Appendix D - FY 2016/2021 Exhibit
Page 2 of 21
Project Description 2016 FY2017 FY2018 FY2019 FY2020 FY2021 Total
8th Street (MLK‐Rock) 15,000 84,000 ‐ ‐ ‐ ‐ 99,000$
Ph 1‐Signal&CurbRamp Impr 60,903 500,000 253,000 41,097 ‐ ‐ 855,000$
Main St. (2nd ‐ 5th)‐ ‐ ‐ ‐ ‐ ‐ ‐$
Rock St. Pedestrian Corridor ‐ ‐ ‐ ‐ ‐ ‐ ‐$
10th St. (Main‐Rock)‐ 94,000 ‐ ‐ ‐ ‐ 94,000$
11th St. (Main‐Rock)‐ 151,000 ‐ ‐ ‐ ‐ 151,000$
Church Street (8th‐9th) 18,000 105,000 ‐ ‐ ‐ ‐ 123,000$
8th Street (Church‐Myrtle) 6,000 37,000 ‐ ‐ ‐ ‐ 43,000$
7th Street ‐ ‐ ‐ ‐ ‐ ‐ ‐$
Main St. (7th‐2nd)‐ ‐ 45,000 255,000 ‐ 300,000$
Main St. (4th‐2nd)‐ ‐ ‐ ‐ ‐ ‐ ‐$
Rock St (9th‐6th St.)‐ ‐ 23,000 131,000 ‐ 154,000$
Access Rte to Government Ser 200,000 ‐ ‐ ‐ ‐ ‐ 200,000$
Austin Ave (9th‐University) 14,000 178,000 ‐ ‐ ‐ ‐ 192,000$
Austin Ave (SH29‐FM2243)‐ 70,000 300,000 ‐ ‐ ‐ 370,000$
Old Town Northeast 192,000 960,000 ‐ 1,152,000$
SH 29 (IH 35‐IH 130)‐ ‐ ‐ ‐ ‐ 2,019,000 2,019,000$
2nd Street ‐ ‐ 82,000 328,000 ‐ 410,000$
Old Town Southeast ‐ ‐ ‐ 300,000 1,200,000 1,500,000$
Remaining Downtown Repairs ‐ 671,000 504,000 168,000 1,343,000$
I 35 Southboubnd Frontage Road (Leander‐University)1,100,000 ‐ ‐ ‐ ‐ ‐ 1,100,000$
Founders Park 20,000 ‐ ‐ ‐ ‐ ‐ 20,000$
VFW Park 45,000 ‐ ‐ ‐ ‐ ‐ 45,000$
Scenic (CDBG) 135,000
3rd Street (CDBG) 20,000 ‐ ‐ ‐ ‐ ‐ 20,000$
Total 1,690,903 2,314,000 576,000 1,270,097 2,287,000 2,187,000 10,190,000
Consolidated Reporting for Pedestrian Network
FY 2016‐2021
Page 3 of 21
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
June 14, 2017
SUBJECT:
Projec t updates - Nat Waggo ner, PMP, AICP, Trans portation Analyst
ITEM SUMMARY:
Staff will provide the board updates on developing p ro jects and general adminis trative updates .
FINANCIAL IMPACT:
None
SUBMITTED BY:
Nat Waggoner, PMP, AICP
Page 4 of 21
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
June 14, 2017
SUBJECT:
Review and pos s ible actio n to ap p ro ve the minutes fro m the Regular ADA Board meeting held o n Ap ril 12,
2017 and May 10, 2017. – Jana Kern – ADA Board Liaison
ITEM SUMMARY:
Bo ard to review and revis e and /or ap p ro ve the minutes fro m the regular meeting held o n Ap ril 12, 2017 and
May 10, 2017.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Jana Kern
ATTACHMENTS:
Description Type
Draft Minutes for April 2017 Backup Material
Draft Minutes for May 2017 Backup Material
Page 5 of 21
Minutes for the Meeting of the
Americans with Disabilities Accessibility Advisory Board
and the Governing Body
of the City of Georgetown, Texas
April 12, 2017 at 6:00 PM
at 300-1 Industrial Ave., Georgetown, Texas 78626
The City of Georgetown is committed to compliance with the Americans with
Disabilities Act (ADA). If you require assistance in participation at a public meeting due
to a disability, as defined under the ADA, reasonable assistance, adaptations, or
accommodations will be provided upon request. Please contact the City at least four (4)
days prior to the scheduled meeting date, at (512)930-3652 or City Hall at 113 East 8th
Street for additional information: TTY users route through Relay Texas at 711.
Board Members: Dawn Jennings – Chair (arrived at 6:12 PM), Bea Kinney – Vice Chair,
Anya Juan Risco, Chris H’Luz, Chris Sypniewski, Levera Patton
Board Members Absent: MeShay McKinney
Staff Present: Nat Waggoner, Jana Kern, Charlie McNabb
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for
any purpose authorized by the Open Meetings Act, Texas government Code 551.)
A. Call to Order: Bea Kinney called the regular ADA Board Meeting to order at 6:03
PM on Wednesday April 12, 2017.
The Board may, at any time recess the Regular Session to convene in Executive
Session at the request of the Chair, a Board Member, The City Manager, Assistant
City Manager, General Manager of Utilities, City Council Member, or legal
counsel for any purpose authorized by the Open Meetings Act, Texas
Government Code Chapter 551, and are subject to action in the Regular Session
that follows
B. Introduction of Visitors
C. Review of City of Georgetown Adopted FY16 ADA Transition Plan,
Coordination List and DRAFT 2017 Work Plan and discussion of work tasks
needed for FY17 amendment. – Nat Waggoner, AICP
Waggoner review with the present board members the Transition Plan and
gave a presentation. The board also discussed who they would like to have
updates/presentations from: Parks and Facilities, Police, Fire, and
IT/Communication.
Page 6 of 21
Legislative Regular Agenda
D. Review and possible action to approve the minutes from the Regular ADA Board
Meeting held on March 8, 2017. – Jana Kern – Board Liaison
Motion by Juan Risco second by Kinney to approve the minutes. Approved 6-1
(McKinney absent)
E. Nominations and elections of Secretary of the ADA Board. – Dawn Jennings –
Board Chair
Ms. Juan Risco volunteered to be Secretary for the ADA Board, second by
Kinney. Approved 6-1 (McKinney absent)
F. Review and possible action related to the Day and Time of the ADA Board
Meetings. – Dawn Jennings – Board Chair
Motion by Sypniewski second by Juan Risco to keep the ADA Board meetings on
the same day at the same time – second Wednesday of the month at 6:00 PM.
Approved 6-1 (McKinney absent)
Adjournment
Motion by Juan Risco second by Sypniewski to adjourn meeting. Approved 6-1
(McKinney absent) Meeting adjourned at 7:55 PM.
Approved: Attested:
_______________________ ______________________
Dawn Jennings – Vice Chair Anya Juan Risco – Secretary
_________________________________
Jana R. Kern – ADA Board Liaison
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Minutes for the Meeting of the
Americans with Disabilities Accessibility Advisory Board
and the Governing Body
of the City of Georgetown, Texas
May 10, 2017 at 6:00 PM
at 300-1 Industrial Ave., Georgetown, Texas 78626
The City of Georgetown is committed to compliance with the Americans with
Disabilities Act (ADA). If you require assistance in participation at a public meeting due
to a disability, as defined under the ADA, reasonable assistance, adaptations, or
accommodations will be provided upon request. Please contact the City at least four (4)
days prior to the scheduled meeting date, at (512)930-3652 or City Hall at 113 East 8th
Street for additional information: TTY users route through Relay Texas at 711.
Board Members: Dawn Jennings – Chair, Bea Kinney – Vice Chair, Anya Juan Risco -
Secretary, Chris H’Luz, Levera Patton
Board Members Absent: MeShay McKinney & Chris Sypniewski
Staff Present: Nat Waggoner, Jana Kern, Eric Lashley, Eric Nuner
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for
any purpose authorized by the Open Meetings Act, Texas government Code 551.)
A. Call to Order: Jennings called the regular ADA Board Meeting to order at
6:01 PM on Wednesday May 10, 2017.
The Board may, at any time recess the Regular Session to convene in Executive
Session at the request of the Chair, a Board Member, The City Manager, Assistant
City Manager, General Manager of Utilities, City Council Member, or legal
counsel for any purpose authorized by the Open Meetings Act, Texas
Government Code Chapter 551, and are subject to action in the Regular Session
that follows
B. Introduction of Visitors
6:03 pm Moved to Item E.
C. Review and discussion of Parks and Recreation Parks and Facilities 2017 ADA
Accomplishments, 2018 Budget Planning. – Nat Waggoner, AICP
Eric Nuner gave the Board an update on the process that has been made by Parks
and Rec and Facility departments.
Page 8 of 21
D. Review of Public Works 2017 ADA Accomplishments. 2018 Budget Planning. –
Nat Waggoner, AICP
Waggoner went over some of the 33 individual pedestrian projects that
happened in fiscal years 2015 and 2016. He went on to explain fiscal year 2017
activities will include improvements at 12 locations, totaling about $576K. Staff
has prepared a budget request to support improvements for five of these
locations. In 2016 the Transition Plan was adopted.
Legislative Regular Agenda
E. Review and consideration of letter of support for the Library’s FY18 budget
request for Effective Communication equipment. - Nat Waggoner, AICP
Eric Lashley gave an explanation on why the library would like to purchase a
screen reading and lap top for the visual impaired patrons that use the library.
Mr. Lashley also asked for support of the ADA Board with their FY 18 budget
request by asking the Chair to sign and endorsement letter.
Motion by Juan Risco second by Kinney to approve the endorsement letter and
to have the Chair – Dawn Jennings sign letter. Approved 5-2 (McKinney &
Sypniewski absent)
Moved back to Item C 6:27 PM
Adjournment
Motion by Juan Risco second by Kinney to adjourn meeting. Approved 5-2
(McKinney & Sypniewski absent) Meeting adjourned at 8:10 PM.
Approved: Attested:
__________________________ __________________________
Dawn Jennings – Vice Chair Anya Juan Risco – Secretary
_________________________________
Jana R. Kern – ADA Board Liaison
Page 9 of 21
City of Georgetown, Texas
Americans with Disablilities Accessibility Advisory Board
June 14, 2017
SUBJECT:
Presentatio n, d is c us s io n and p o s s ib le rec o mmend ation of revisions to the P ublic S afety Chapter of the
2016 ADA Trans ition P lan - Nat Waggo ner, P MP, AICP, Transportation Analys t
ITEM SUMMARY:
The ADA Board reviewed the Pub lic Safety c hapter of the 2015 Trans ition Plan during the February 10,
2016 board meeting.
STAFF RECOMMENDATION:
Adopt or amend c hapter 3.2 P ublic Safety.
Provid e positive rec o mmendatio ns to GPD/G FD as they relate to s ervic e to p eo p le with disabilities and
p ro vide GFP/GFD s up p o rt fo r their initiatives .
FINANCIAL IMPACT:
All financial impac ts fo r F Y17 are includ ed in the bud get whic h was ap p roved S ep tember 2016.
SUBMITTED BY:
Nat Waggoner, PMP, AICP
ATTACHMENTS:
Description Type
Section 3.2 Public Safety Exhibit
Communicating with People with Dis abilities Backup Material
Commonly As ked Ques tions About ADA and Law Enforcement Backup Material
Page 10 of 21
City of Georgetown, Texas
2016 ADA Transition Plan
Page 8 of 18
Facilities - Parks, Recreation Facilities and Programs
Georgetown Parks and Recreation is committed to providing access to recreational areas and
programs for individuals with disabilities. The Parks and Recreation Department’s Capital
Improvement Plan identifies park renovation projects to provide ADA compliance.
Additionally, the City will ensure facilities are in compliance as they are altered or replaced.
Georgetown Parks and Recreation operates programs and activities when viewed in their
entirety are accessible and usable to individuals with disabilities. The City achieves this through
redesign of equipment, reassignment of programs to accessible sites, alteration of existing
facilities and construction of new facilities. The City shall give priority to methods that provide
the most integrated setting for individuals with disabilities.
3.2 Public Safety
Access to 9-1-1 Services
The City of Georgetown provides direct access via TTY (text telephone) or computer-to-
telephone emergency services, including 9-1-1 services for persons who use TTY’s and personal
computers.
Emergency Management
The City of Georgetown Emergency Management works with Williamson County to develop,
maintain and facilitate the all- hazard Emergency Operations Plan as required by Local, State
and Federal statutes and laws. During all emergency planning (Mitigation, Planning, Response,
Recover y) the City is committed to be in compliance with the ADA requirements as outlined in
Title II Chapter 7 of the ADA. The Office of Emergency Management ensures that all parties
with responsibilities under the Georgetown Emergency Operation Plan (EOP) are aware of
ADA requirements and that all programs, documentation, and third party agreements are also
in compliance with ADA through the review of the EOP every five (5) years. Annually
Georgetown Emergency Management reviews individual select appendices of the Plan for ADA
compliance.
The Office of Emergency Management utilizes Federal, State, Regional, County, and Local
resources to educate, to provide emergency warning and notifications, and to keep informed
those persons with disabilities within the City. These systems were developed and continue to
be modified after numerous disasters throughout the country and the lessons learned.
Georgetown relies on both voluntary registration and multi prong methods as listed:
(EAS) Emergency Alert System (Federal)
Relay Texas (State)
Outdoor Warning Sirens (Local)
3.3 Effective Communication
The City of Georgetown works to ensure that all communication is as effective as possible to all
audiences. To accomplish this, the City strives to use communication methods proven to be
openly accessible, and , upon request, provide appropriate aids and services leading to effective
communication for persons with disabilities so they may participate equally in the City's
programs, services, and activities. The City uses its website, social media, and other
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U.S. Department of Justice
Civil Rights Division
Disability Rights Section
COMMONLY ASKED QUESTIONS
ABOUT THE AMERICANS WITH DISABILITIES ACT
AND LAW ENFORCEMENT
I. Introduction
Police officers, sheriff's deputies, and other law enforcement personnel have always interacted with persons with
disabilities and, for many officers and deputies, the Americans with Disabilities Act (ADA) may mean few changes in
the way they respond to the public. To respond to questions that may arise, this document offers common sense
suggestions to assist law enforcement agencies in complying with the ADA. The examples presented are drawn from
real-life situations as described by police officers or encountered by the Department of Justice in its enforcement of the
ADA.
1. Q: What is the ADA?
A: The Americans with Disabilities Act (ADA) is a Federal civil rights law. It gives Federal 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 State and local government services, public accommodations, employment, transportation, and
telecommunications.
2. Q: How does the ADA affect my law enforcement duties?
A: Title II of the ADA prohibits discrimination against people with disabilities in State and local
governments services, programs, and employment. Law enforcement agencies are covered because they are
programs of State or local governments, regardless of whether they receive Federal grants or other Federal
funds. The ADA affects virtually everything that officers and deputies do, for example:
receiving citizen complaints;
interrogating witnesses;
arresting, booking, and holding suspects;
operating telephone (911) emergency centers;
providing emergency medical services;
enforcing laws;
and other duties.
3. Q: Who does the ADA protect?
A: The ADA covers a wide range of individuals with disabilities. An individual is considered to have a
"disability" if he or she has a physical or mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having such an impairment.
Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working. To be substantially limited means that such activities
are restricted in the manner, condition, or duration in which they are performed in comparison with most
people.
The ADA also protects people who are discriminated against because of their association with a
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person with a disability.
Example: Police receive a call from a woman who complains that someone has broken into her residence.
The police department keeps a list of dwellings where people with AIDS are known to reside. The woman's
residence is on the list because her son has AIDS. Police fail to respond to her call, because they fear
catching the HIV virus. The officers have discriminated against the woman on the basis of her association
with an individual who has AIDS.
4. Q: What about someone who uses illegal drugs?
A: Nothing in the ADA prevents officers and deputies from enforcing criminal laws relating to an
individuals current use or possession of illegal drugs.
II. Interacting with People with Disabilities
5. Q: What are some common problems that people with disabilities have with law enforcement?
A: Unexpected actions taken by some individuals with disabilities may be misconstrued by officers or
deputies as suspicious or illegal activity or uncooperative behavior.
Example: An officer approaches a vehicle and asks the driver to step out of the car. The driver, who has a
mobility disability, reaches behind the seat to retrieve her assistive device for walking. This appears
suspicious to the officer.
Individuals who are deaf or hard of hearing, or who have speech disabilities or mental retardation, or
who are blind or visually impaired may not recognize or be able to respond to police directions.
These individuals may erroneously be perceived as uncooperative.
Example: An officer yells "freeze" to an individual who is running from an area in which a crime has been
reported. The individual, who is deaf, cannot hear the officer and continues to run. The officer mistakenly
believes that the individual is fleeing from the scene. Similarly, ordering a suspect who is visually impaired
to get over "there" is likely to lead to confusion and misunderstanding, because the suspect may have no
idea where the officer is pointing.
Some people with disabilities may have a staggering gait or slurred speech related to their disabilities
or the medications they take. These characteristics, which can be associated with neurological
disabilities, mental/emotional disturbance, or hypoglycemia, may be misperceived as intoxication.
Example: An officer observes a vehicle with one working headlight and pulls the vehicle over. When the
driver hands the registration to the officer, the officer notices that the driver's hand is trembling and her
speech is slurred. The officer concludes that the individual is under the influence of alcohol, when in fact
the symptoms are caused by a neurological disability.
Example: A call comes in from a local restaurant that a customer is causing a disturbance. When the
responding officer arrives at the scene, she discovers a 25-year-old man swaying on his feet and grimacing.
He has pulled the table cloth from the table. The officer believes that the man has had too much to drink
and is behaving aggressively, when in fact he is having a seizure.
What can be done to avoid these situations?
Training, sensitivity, and awareness will help to ensure equitable treatment of individuals with disabilities
as well as effective law enforcement. For example:
When approaching a car with visible signs that a person with a disability may be driving (such as a
designated license plate or a hand control) , the police officer should be aware that the driver may
reach for a mobility device.
Using hand signals, or calling to people in a crowd to signal for a person to stop, may be effective
ways for an officer to get the attention of a deaf individual.
When speaking, enunciate clearly and slowly to ensure that the individual understands what is being
said.
Finally, typical tests for intoxication, such as walking a straight line, will be ineffective for
individuals whose disabilities cause unsteady gait. Other tests, like breathalyzers, will provide more
accurate results and reduce the possibility of false arrest.
6. Q: What if someone is demonstrating threatening behavior because of his or her disability?
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A: Police officers may, of course, respond appropriately to real threats to health or safety, even if an
individuals actions are a result of her or his disability. But it is important that police officers are trained to
distinguish behaviors that pose a real risk from behaviors that do not, and to recognize when an individual,
such as someone who is having a seizure or exhibiting signs of psychotic crisis, needs medical attention. It
is also important that behaviors resulting from a disability not be criminalized where no crime has been
committed. Avoid these scenarios:
A store owner calls to report that an apparently homeless person has been in front of the store for an
hour, and customers are complaining that he appears to be talking to himself. The individual, who
has mental illness, is violating no loitering or panhandling laws. Officers arriving on the scene arrest
him even though he is violating no laws.
Police receive a call in the middle of the night about a teenager with mental illness who is beyond the
control of her parents. All attempts to get services for the teenager at that hour fail, so the responding
officer arrests her until he can get her into treatment. She ends up with a record, even though she
committed no offense.
7. Q: What procedures should law enforcement officers follow to arrest and transport a person who
uses a wheelchair?
A: Standard transport practices may be dangerous for many people with mobility disabilities. Officers
should use caution not to harm an individual or damage his or her wheelchair. The best approach is to ask
the person what type of transportation he or she can use, and how to lift or assist him or her in transferring
into and out of the vehicle.
Example: An individual with a disability is removed from his wheelchair and placed on a bench in a paddy
wagon. He is precariously strapped to the bench with his own belt. When the vehicle begins to move, he
falls off of the bench and is thrown to the floor of the vehicle where he remains until arriving at the station.
Some individuals who use assistive devices like crutches, braces, or even manual wheelchairs might
be safely transported in patrol cars.
Safe transport of other individuals who use manual or power wheelchairs might require departments
to make minor modifications to existing cars or vans, or to use lift-equipped vans or buses. Police
departments may consider other community resources, e.g., accessible taxi services.
8. Q: What steps should officers follow to communicate effectively with an individual who is blind or
visually impaired?
A: It is important for officers to identify themselves and to state clearly and completely any directions or
instructions -- including any information that is posted viually. Officers must read out loud in full any
documents that a person who is blind or visually impaired needs to sign. Before taking photos or
fingerprints, it is a good idea to describe the procedures in advance so that the individual will know what to
expect.
9. Q: Do police personnel need to take special precautions when providing emergency medical
services to someone who has HIV or AIDS?
A: Persons with HIV or AIDS should be treated just like any other person requiring medical attention. In
fact, emergency medical service providers are required routinely to treat all persons as if they are infectious
for HIV, Hepatitis B, or other bloodborne pathogens, by practicing universal precautions. Many people do
not know that they are infected with a bloodborne pathogen, and there are special privacy considerations
that may cause those who know they are infected not to disclose their infectious status.
Universal precautions for emergency service providers include the wearing of gloves, a mask, and
protective eyewear, and, where appropriate, the proper disinfection or disposal of contaminated
medical equipment. Protective barriers like gloves should be used whenever service providers are
exposed to blood.
Example: Police are called to a shopping mall to assist a teenager who has cut his hand and is bleeding
profusely. As long as the attending officers wear protective gloves, they will not be at risk of acquiring
HIV, Hepatitis B, or any other bloodborne pathogen, while treating the teenager.
Refusing to provide medical assistance to a person because he or she has, or is suspected of having,
HIV or AIDS is discrimination.
Example: Police are called to a shopping mall, where an individual is lying on the ground with chest pains.
The responding officer asks the individual whether she is currently taking any medications. She responds
that she is taking AZT, a medication commonly prescribed for individuals who are HIV-positive or have
AIDS. The officer announces to his colleagues that the individual has AIDS and refuses to provide care.
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This refusal violates the ADA.
III. Effective Communication
10. Q: Do police departments have to arrange for a sign language interpreter every time an officer
interacts with a person who is deaf?
A: No. Police officers are required by the ADA to ensure effective communication with individuals who
are deaf or hard of hearing. Whether a qualified sign language interpreter or other communication aid is
required will depend on the nature of the communication and the needs of the requesting individual. For
example, some people who are deaf do not use sign language for communication and may need to use a
different communication aid or rely on lipreading. In one-on-one communication with an individual who
lipreads, an officer should face the individual directly, and should ensure that the communication takes
place in a well-lighted area.
Examples of other communication aids, called "auxiliary aids and services" in the ADA, that assist
people who are deaf or hard of hearing include the exchange of written notes, telecommunications
devices for the deaf (TDD's) (also called text telephones (TT's) or teletypewriters (TTY's)), telephone
handset amplifiers, assistive listening systems, and videotext displays.
The ADA requires that the expressed choice of the individual with the disability, who is in the best
position to know her or his needs, should be given primary consideration in determining which
communication aid to provide. The ultimate decision is made by the police department. The
department should honor the individuals choice unless it can demonstrate that another effective
method of communication exists.
Police officers should generally not rely on family members, who are frequently emotionally
involved, to provide sign language interpreting.
Example: A deaf mother calls police to report a crime in which her hearing child was abused by the child's
father. Because it is not in the best interests of the mother or the child for the child to hear all of the details
of a very sensitive, emotional situation, the mother specifically requests that the police officers procure a
qualified sign language interpreter to facilitate taking the report. Officers ignore her request and do not
secure the services of an interpreter. They instead communicate with the hearing child, who then signs to
the mother. The police department in this example has violated the ADA because it ignored the mothers
request an inappropriately relied on a family member to interpret.
In some limited circumstances a family member may be relied upon to interpret.
Example: A family member may interpret in an emergency, when the safety or welfare of the public or the
person with the disability is of paramount importance. For example, emergency personnel responding to a
car accident may need to rely on a family member to interpret in order to evaluate the physical condition of
an individual who is deaf. Likewise, it may be appropriate to rely on a family member to interpret when a
deaf individual has been robbed and an officer in hot pursuit needs information about the suspect.
Example: A family member may interpret for the sake of convenience in circumstances where an
interpreter is not required by the ADA, such as in situations where exchanging written notes would be
effective. For example, it would be appropriate to rely on a passenger who is a family member to interpret
when an individual who is deaf is asking an officer for traffic directions, or is stopped for a traffic violation.
11. Q: If the person uses sign language, what kinds of communication will require an interpreter?
A: The length, importance, or complexity of the communication will help determine whether an interpreter
is necessary for effective communication.
In a simple encounter, such as checking a driver's license or giving street directions, a notepad and
pencil normally will be sufficient.
During interrogations and arrests, a sign language interpreter will often be necessary to effectively
communicate with an individual who uses sign language.
If the legality of a conversation will be questioned in court, such as where Miranda warnings are
issued, a sign language interpreter may be necessary. Police officers should be careful about
miscommunication in the absence of a qualified interpreter -- a nod of the head may be an attempt to
appear cooperative in the midst of misunderstanding, rather than consentor a confession of
wrongdoing.
In general, if an individual who does not have a hearing disability would be subject to police action
without interrogation, then an interpreter will not be required, unless one is necessary to explain the
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action being taken.
Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who
is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for
the citation, because the officer exchanges written notes with the individual and points to information on
the citation. In this case, a sign language interpreter is not needed.
Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a
bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the
victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest
without an interrogation. In this case, an interpreter is not necessary to carry out the arrest.
12. Q: Do I have to take a sign language interpreter to a call about a violent crime in progress or a
similar urgent situation involving a person who is deaf?
A: No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the
officer can make an arrest and call for an interpreter to be available later at the booking station.
13. Q: When a sign language interpreter is needed, where do I find one?
A: Your department should have one or more interpreters available on call. This is generally accomplished
through a contract with a sign language interpreter service. Communicating through sign language will not
be effective unless the interpreter is familiar with the vocabulary and terminology of law enforcement, so
your department should ensure that the interpreters it uses are familiar with law enforcement terms.
14. Q: Is there any legal limit to how much my department must spend on communication aids like
interpreters?
A: Yes. Your department is not required to take any step that would impose undue financial and
administrative burdens. The "undue burden" standard is a high one. For example, whether an action would
be an undue financial burden is determined by considering all of the resources available to the department.
If providing a particular auxiliary aid or service would impose an undue burden, the department must seek
alternatives that ensure effective communication to the maximum extent feasible.
15. Q: When would an officer use an assistive listening device as a communication aid?
A: Assistive listening systems and devices receive and amplify sound and are used for communicating in a
group setting with individuals who are hard of hearing.
At headquarters or a precinct building, if two or more officers are interrogating a witness who is hard
of hearing, or in meetings that include an individual who is hard of hearing, an assistive listening
device may be needed.
16. Q: What is a TDD and does every police station have to have one?
A: A telecommunications device for the deaf (TDD) is a device used by individuals with hearing or speech
disabilities to communicate on the telephone. A TDD is a keyboard with a display for receiving typed text
that can be attached to a telephone. The TDD user types a message that is received by another TDD at the
other end of the line.
Arrestees who are deaf or hard of hearing, or who have speech disabilities, may require a TDD for
making outgoing calls. TDD's must be available to inmates with disabilities under the same terms
and conditions as telephone privileges are offered to all inmates, and information indicating the
availability of the TDD should be provided.
TDDs typically cost $200-300 each and can be used with a standard telephone. It is unlikely that the
cost of purchasing a TDD will be prohibitive. Still, a small department with limited resources could
arrange to share a TDD with a local courthouse or other entity, so long as the TDD is immediately
available as needed.
17. Q. What about "911" calls? How are those made accessible to people with speech or hearing
disabilities?
A: Individuals with hearing and speech disabilities must have direct access to "911" or similar emergency
telephone services, meaning that emergency response centers must be equipped to receive calls from TDD
and computer modem users without relying on third parties or state relay services. It is important that
operators are trained to use the TDD when the caller is silent, and not only when the operator recognizes
the tones of a TDD at the other end of the line. For additional information, please refer to the Department
of Justices publication, Commonly Asked Questions Regarding Telephone Emergency Services. For
information about how to obtain this and other publications, see the resources section at the end of this
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document.
18. Q: Procedures at my office require citizens to fill out forms when reporting crimes. What if the
person has a vision disability, a learning disability, mental retardation or some other disability that
may prevent the person from filling out a form?
A: The simplest solution is to have an officer or clerk assist the person in reading and filling out the form.
Police officers have probably been doing this for years. The form itself could also be provided in an
alternative format. Providing a copy of the form in large print (which is usually as simple as using a copy
machine or computer to increase type size) will make the form accessible to many individuals with
moderate vision disabilities.
IV. Architectural Access
19. Q: Does the ADA require all police stations to be accessible to people with disabilities?
A: No. Individuals with disabilities must have equal access to law enforcement services, but the ADA is
flexible in how to achieve that goal. The ADA requires programs to be accessible to individuals with
disabilities, not necessarily each and every facility. Often, structural alterations to an existing police station
or sheriffs office will be necessary to create effective access. In some situations, however, it may be as
effective to use alternative methods, such as relocating a service to an accessible building, or providing an
officer who goes directly to the individual with the disability. Whatever approach to achieving "program
access" is taken, training of officers and deputies, well-developed policies, and clear public notice of the
approach will be critical to ensuring successful ADA compliance.
Example: A police station in a small town is inaccessible to individuals with mobility disabilities. The
department decides that it cannot alter all areas of the station because of insufficient funds. It decides to
alter the lobby and restrooms so that the areas the public uses -- for filling out crime reports, obtaining
copies of investigative reports for insurance purposes, or seeking referrals to shelter care -- are accessible.
Arrangements are made to conduct victim and witness interviews with individuals with disabilities in a
private conference room in the local library or other government building, and to use a neighboring
department's accessible lock-up for detaining suspects with disabilities. These measures are consistent with
the ADA's program accessibility requirements.
Example: An individual who uses a wheelchair calls to report a crime, and is told that the police station is
inaccessible, but that the police department has a policy whereby a police officer will meet individuals with
disabilities in the parking lot. The individual arrives at the parking lot, waits there for three hours, becomes
frustrated, and leaves. By neglecting to adequately train officers about its policy, the police department has
failed in its obligation to provide equal access to police services, and has lost valuable information
necessary for effective law enforcement.
20. Q: What about holding cells and jails that are not accessible?
A: An arrestee with a mobility disability must have access to the toilet facilities and other amenities
provided at the lock-up or jail. A law enforcement agency must make structural changes, if necessary, or
arrange to use a nearby accessible facility.
Structural changes can be undertaken in a manner that ensures officer safety and general security. For
example, grab bars in accessible restrooms can be secured so that they are not removable.
If meeting and/or interrogation rooms are provided, those areas should also be accessible for use by
arrestees, family members, or legal counsel who have mobility disabilities.
21. Q: Is there a limit to the amount of money my agency must spend to alter an existing police
facility?
A: Yes. It is the same legal standard of "undue burden" discussed earlier with regard to the provision of
communication aids. Your agency is not required to undertake alterations that would impose undue
financial and administrative burdens. If an alteration would impose an "undue burden", the agency must
chose an alternative that ensures access to its programs and services.
22. Q. We are building a new prison. Do we need to make it accessible?
A: Yes. All new buildings must be made fully accessible to, and usable by, individuals with disabilities.
The ADA provides architectural standards that specify what must be done to create access.
Either the Uniform Federal Accessibility Standards (UFAS) or the ADA Standards for Accessible
Design (without the elevator exemption) (ADA Standards) may be used. UFAS has specific scoping
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requirements for prisons that require, among other things, that 5% of all cells be made accessible to
individuals with mobility disabilities.
Unlike modifications of existing facilities, there is no undue burden limitation for new construction.
In addition, if an agency alters an existing facility for any reason -- including reasons unrelated to
accessibility -- the altered areas must be made accessible to individuals with disabilities.
V. Modifications of Policies, Practices, and Procedures
23. Q: What types of modifications in law enforcement policies, practices, and procedures does the
ADA require?
A: The ADA requires law enforcement agencies to make reasonable modifications in their policies,
practices, and procedures that are necessary to ensure accessibility for individuals with disabilities, unless
making such modifications would fundamentally alter the program or service involved. There are many
ways in which a police or sheriffs department might need to modify its normal practices to accommodate a
person with a disability.
Example: A department modifies a rule that prisoners or detainees are not permitted to have food in their
cells excet at scheduled intervals, in order to accommodate an individual with diabetes who uses
medication and needs access to carbohydrates or sugar to keep blood sugar at an appropriate level.
Example: A department modifies its enforcement of a law requiring a license to use motorized vehicles on
the streets, in order to accommodate individuals who use scooters or motorized wheelchairs. Such
individuals are pedestrians, but may need to use streets where curb cuts are unavailable.
Example: A department modifies its regular practice of handcuffing arrestees behind their backs, and
instead handcuffs deaf individuals in front in order for the person to sign or write notes.
Example: A department modifies its practice of confiscating medications for the period of confinement, in
order to permit inmates who have disabilities that require self-medication, such as cardiac conditions or
epilepsy, to self-administer medications that do not have abuse potential.
Example: A department modifies the procedures for giving Miranda warnings when arresting an individual
who has mental retardation. Law enforcement personnel use simple words and ask the individual to repeat
each phrase of the warnings in her or his own words. The personnel also check for understanding, by
asking the individual such questions as what a lawyer is and how a lawyer might help the individual, or
asking the individual for an example of what a right is. Using simple language or pictures and symbols,
speaking slowly and clearly, and asking concrete questions, are all ways to communicate with individuals
who have mental retardation.
Informal practices may also need to be modified. Sometimes, because of the demand for police
services, third party calls are treated less seriously. Police officers should keep in mind that calling
through a third party may be the only option for individuals with certain types of disabilities.
VI. Resources
24. Q: It sounds like awareness and training are critical for effective interaction with individuals
with disabilities. How can I find out more about the needs of my local disability community?
A: State and local government entities were required, by January 26, 1993, to conduct a "self-evaluation"
reviewing their current services, policies, and practices for compliance with the ADA. Entities employing
50 or more persons were also to develop a "transition plan" identifying structural changes that needed to be
made. As part of that process, the ADA encouraged entities to involve individuals with disabilities from
their local communities. Continuing this process will promote access solutions that are reasonable and
effective. Even though the deadlines for the self-evaluation, transition plan, and completion of structural
changes have passed, compliance with the ADA is an ongoing obligation.
25. Q: Where can I turn for answers to other questions about the ADA?
A: The Department of Justice's toll-free ADA Information Line answers questions and offers free
publications about the ADA. The telephone numbers are: 800-514-0301 (voice) or 800-514-0383 (TTY).
Publications are also available from the ADA Website www.ada.gov.
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Note: Reproduction of this document is encouraged.
Last Revised April 4, 2006
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