Showing posts with label ADA violations. Show all posts
Showing posts with label ADA violations. Show all posts

Wednesday, October 21, 2020

Manhattan Federal Judge Paul Engelmayer rules "NYC has violated the ADA by not installing accessible pedestrian signlas for the blind."

Dear Colleages, 

A federal lawsuit, brought by the the American Council of the Blind in 2018, sued NYC Govt. on behalf of plaintiffs Michael Golfo and Christina Curry, claiming that out of the city’s 13,000 pedestrian traffic signals, just over 2 percent conveyed information in a way that is accessible to blind pedestrians. 

The lawsuit argued that the city’s Department of Transportation violated the Americans with Disabilities Act by neglecting to add audible features to crosswalk signals that let visually impaired people know when they have the traffic signal. There are about 205,000 blind or otherwise visually-impaired people who live in the city and face this inaccessible and hostile environement. 

The arguments have found favour with the District Judge Paul A. Engelmayer and on 20 Oct 2020, the court ruled  the current “near-total absence” of accessible crossing information violates the ADA and the Rehabilitation Act of 1973, the federal disability law that preceded the ADA.

The tuesday ruling notes that blind pedestrians in New York will typically stop at the curb and assume they are at a point where they can cross the street. Without any accessible indicator of a crossing, however, blind pedestrians cross somewhere other than the crosswalk 30 percent of the time. This leaves them to rely on other auditory cues, which is prohibitively difficult with New York’s level of ambient noise. 

In particular, Engelmayer ruled the city had failed to equip traffic signals with accessible pedestrian signals — APS for short — which include alarms or other audible alerts. The Court held that the absence of non-visual crossing information at more than 95% of the City’s signalized intersections denies plaintiffs meaningful access to the City’s signalized intersections and the pedestrian grid, in violation of the ADA and Rehabilitation Act,” Engelmayer wrote.

“The Court further holds that some, but not all, of the City’s projects with respect to traffic signals gave rise to a duty under these statutes to add APS [Accessible Pedestrian Signals]—a duty that the City has largely breached.”

The Court ordered  the NYC lawyers to seek an agreement with petitioners to make more intersections safe for pedestrians who cannot see. The two sides must submit a letter to the court by Oct. 30 laying out a path forward to come to a resolution, which could include benchmarks and deadlines for adding APS to street signals.   Though, the court's ruling itself does not specify how many signals must be installed.

Mayor de Blasio spokeswoman Laura Feyer said the city is already working to expand accessibility for blind people at crosswalks — but declined to provide a timeline for the installation of more infrastructure to make good on the judge’s ruling. 

“The city is dedicated to making our streets more accessible to all New Yorkers with and without disabilities, including those who are blind or have low vision,”  “We will continue to install APS across the city and are consistently working to increase access for the blind and low vision community in all facets of life.”  said Feyer.

Sources: 

1. pressfrom dot info

2. NYDailyNewsdotcom







Wednesday, July 24, 2013

Lawsuit against State of Florida for unnecessary segretation of disabled in institutions

Dear Colleagues,

Children have a right to grow up with their families, among their friends and in their own ‎communities‬ as per US Supreme Court’s decision in ‪‎Olmstead‬ v. L.C. The judgement requires states to eliminate unnecessary ‪‎segregation‬ or ‪‎institutionalisation‬ of persons with ‪‎disabilities‬. 

On finding ‎violations‬ that are serious, systemic and ongoing and which require comprehensive relief for children and their families, US Justice Department has filed a lawsuit against the State of Florida alleging that the state is in violation of the Americans with Disabilities Act (ADA) in its administration of its service system for children with significant medical needs, resulting in nearly 200 children with disabilities being unnecessarily segregated in nursing facilities when they could be served in their family homes or other ‎communitybased‬ settings! 

Here is detailed press release:


The Justice Department announced today that it has filed a lawsuit against the state of Florida alleging the state is in violation of the Americans with Disabilities Act (ADA) in its administration of its service system for children with significant medical needs, resulting in nearly 200 children with disabilities being unnecessarily segregated in nursing facilities when they could be served in their family homes or other community-based settings.  The lawsuit, filed in federal district court in Fort Lauderdale, Fla., further alleges that the state’s policies and practices place other children with significant medical needs in the community at serious risk of institutionalization in nursing facilities.  The ADA and the Supreme Court’s decision in Olmstead v. L.C. require states to eliminate unnecessary segregation of persons with disabilities.  The department’s complaint seeks declaratory and injunctive relief, as well as compensatory damages for affected children.

In September of last year, the department issued an extensive findings letter, notifying the state that it is in violation of the ADA.  The letter found that the state’s failure to provide access to necessary community services and supports was leading to children with significant medical needs being unnecessarily institutionalized in, or being placed at serious risk of entering nursing facilities.  The letter identified the numerous ways in which state policies and practices have limited the availability of access to medically necessary in-home services for children with significant medical needs.  Additionally, the state’s screening and transition planning processes have been plagued with deficiencies.  Some children have spent years in a nursing facility before receiving screening required under federal law to determine whether they actually need to be in a nursing facility.

As a result of the state’s actions and inaction, the state has forced some families to face the cruel choice of fearing for their child’s life at home or placing their child in a nursing facility.  In one instance, the state cut one child’s in-home health care in half.  Her family could not safely provide care themselves to make up for this reduction in services, and they felt they had no choice but to place her in a nursing home.  Another child who entered a nursing facility as a young child spent almost six years in a facility before the state completed her federally mandated screening.

“Florida must ensure that children with significant medical needs are not isolated in nursing facilities, away from their families and communities,” said Eve Hill, Deputy Assistant Attorney General for the Civil Rights Division.  “Children have a right to grow up with their families, among their friends and in their own communities.  This is the promise of the ADA’s integration mandate as articulated by the Supreme Court in Olmstead.  The violations the department has identified are serious, systemic and ongoing and require comprehensive relief for these children and their families.” 

Since late 2012, the department has met with Florida officials on numerous occasions in an attempt to resolve the violations identified in the findings letter cooperatively.  While the state has altered some policies that have contributed to the unnecessary institutionalization of children, ongoing violations remain.  Nearly two hundred children remain in nursing facilities.  Deficient transition planning processes, lengthy waiting lists for community-based services and a lack of sufficient community-based alternatives persist.  The department has therefore determined that judicial action is necessary to ensure that the civil rights of Florida’s children are protected.

The ADA prohibits discrimination on the basis of disability by public entities, including state and local governments.    The ADA requires public entities to ensure that individuals with disabilities are provided services in the most integrated setting appropriate to their needs. The department’s Civil Rights Division enforces the ADA, which authorizes the Attorney General to investigate allegations of discrimination based upon disability and to conduct compliance reviews regarding the programs and services offered by public entities.