ADA in the News November 17, 2022

New York City Transit Authority's Access-A-Ride Program

The department notified the New York City Transit Authority (NYCTA) that its Access-A-Ride paratransit program violates Title II of the ADA in a letter of findings issued on October 17, 2022. The paratransit service engages in operational patterns or practices that significantly limit the availability of service to ADA paratransit eligible persons, including significant untimely drop-offs and excessive travel times. That letter demanded that the NYCTA address the violations identified by taking corrective actions, including establishing performance standards for on-time drop-offs and trip length, collecting and maintaining data on requested drop-off times, and conducting analysis of on-time drop-off and travel time performance.


Contra Costa County Kids at Work

On October 24, 2022, the United States settled an allegation that Contra Costa County Kids at Work, an infant center and preschool, violated Title III of the ADA when it refused to accommodate and instead disenrolled a two-year-old child with developmental delays and scimitar syndrome from its program. The agreement includes payment of monetary compensation to the complainant, a new non-discrimination policy, review of relevant policies or procedures by the Department, staff training, and reporting to the Department of any future complaints or charges of discrimination.


U.S. v. LA Nail Spa

On June 7, 2022 the U.S. Attorney’s Office for the Eastern District of Louisiana reached a settlement agreement under Title III of the ADA with LA Nail Spa to resolve an allegation that an individual was refused services because of the inability to transfer out of their wheelchair. The agreement includes adopting a non-discrimination policy, maintaining a record of each modification request, notifying the United States of any disability discrimination complaints, and paying $500 to the complainant as compensatory damages.


Justice Department Launches Disability Rights Investigation into Missouri’s Use of Skilled Nursing Facilities

The Justice Department announced today that it has opened an investigation under the Americans with Disabilities Act (ADA) into whether the State of Missouri unnecessarily institutionalizes adults with serious mental illness in skilled nursing facilities. The department will investigate whether these individuals could be served in the community with services such as supported housing, assertive community treatment, crisis services and peer support services, and whether the State’s use of guardianship for people with serious mental illness contributes to unnecessary placements in nursing facilities. Guardianship is a process in which a court appoints someone to make certain decisions for a person, often including decisions about where to live.

Prior to the announcement, the department informed state officials of the investigation.




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