Executive Summary
The Americans with Disabilities Act of 1990 (the ADA)1 has been hailed as one of the most significant civil rights laws since the Civil Rights Act of 1964. Its intent is to ensure that people with physical and mental disabilities are able to participate in and enjoy the benefits of the services and activities of state and local governments, as well as most private entities, without experiencing discrimination.
The year 2010 marked the twentieth anniversary of the ADA. The anniversary brought revised, expanded ADA regulations from the Department of Justice.2 Two years earlier, the ADA Amendments Act of 20083 had reset the broad definition of “person with a disability.” Prompted in part by these developments, and as part of its ongoing commitment to civil rights, Fulton County determined that it would renew its efforts to offer full and equal access to people with disabilities. To guide it in reaching those goals, the County began an in‐depth evaluation of its policies, practices, and facilities, to determine whether they present any barriers to the receipt of services or participation in activities by people with disabilities.
In Fulton County, as elsewhere, people with disabilities are more likely than their peers to be unemployed, undereducated, or living in poverty – and thus more likely to be among the population served by a number of County programs, including those aimed at community development, employment readiness, availability of affordable housing, prevention of homelessness and hunger, and provision of shelter for those who are homeless. At the same time, individuals with disabilities are among those seeking other types of opportunities offered by the County, such as access to education, recreation, arts, and culture, as well as physical and mental health care.
This report,4 capping the first phase of the project, describes the County’s current policies and practices with respect to a large portion of its programs, against a backdrop of the ADA and best practices. It also includes an assessment of certain existing County recreation facilities.
Interviews, surveys completed by departments, and a review of documents showed that the County has in place several policies and procedures intended to facilitate services to people with disabilities. In addition, the staff shows a strong interest in serving people with disabilities. However, it is not clear that all staff have an understanding of the rights of people with disabilities – the rights to access services independently and with the same degree of opportunity as others – or that they are equipped with the knowledge and procedures to put the promise of the ADA into action.
This report details findings in several key areas. Most significantly:
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Facets reflecting the “public face” of access (physical accessibility) fared best
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Managers and the public generally view the locations of County programs and activities as being offered in accessible locations, with regular maintenance of accessible features.
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Programs report that computer stations, furniture such as tables and chairs, and equipment do not pose barriers to full participation.
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Two elements are generally successful County‐wide: infrastructure and transportation.
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The County’s management and staff are clearly committed to ADA compliance. The ADA Coordinator is knowledgeable and effective. However, the County needs to make ADA‐specific additions to its public notices and grievance procedures and to train staff in several areas on a regular basis, including on interaction with people with disabilities. All staff should be aware of the ADA Coordinator’s availability as a County‐wide resource
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Most programs that provide transportation as a service or as part of an activity report that they ensure that accessible transportation is provided, although some vehicles used are not accessible.
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The County needs to make significant improvements in half of the areas surveyed:
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Reasonable modifications to policies
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The County should create or modify its policies relating to service animals and mobility devices.
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It should let the public know that they can request reasonable modifications to policies and procedures.
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While most programs offer assistance and informally make simple modifications as a matter of customer service, the County needs to let people know they can request modifications, and should develop a process for considering requests for reasonable modifications (other than simple or routine requests) and for documenting reasons for denials.
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Effective communication
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With a few exceptions, Fulton County does not have a process for providing forms, applications, or other print documents in alternate formats – such as large print, Braille, or accessible electronic format – for people with vision disabilities, other than for meetings of the Board of Commissioners and a few advisory committees. Staff is generally unaware of how to obtain or prepare materials in alternate formats.
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Communication raises several “red flag” issues – suggesting that individuals with disabilities may be excluded or affected in ways clearly prohibited by the ADA. Some programs deny requests for or charge a fee for auxiliary aids or services, and some rely on companions of people with disabilities for assistance in communication
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No programs that use assembly areas or courtrooms report use of assistive listening devices.
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Outside entities: Although the County is responsible for ensuring that vendors, contractors, or other entities that carry out County services and activities do so in a way that is consistent with the ADA, the County rarely monitors these outside parties for this purpose.
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Emergency procedures: The departments report that they have procedures that take the needs of people with disabilities into account during an evacuation from a building or sheltering in place. However, almost none have plans for communicating with people with hearing or vision disabilities.
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The County needs to modify several recreation facilities, in order to meet new requirements for physical access under the 2010 regulations.
With its planned evaluation of other facets of its operations, and its continuing commitment to the principles of the ADA, Fulton County will be prepared to achieve its goal of providing high‐ quality services in ways that are inclusive of, and effective for, people with disabilities.
File Size and Type: 4.5MB PDF
URL: | http://fultoncountyga.gov/images/stories/OEEO/FC_I_ADA_SEval.pdf |
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Related Keywords
Related Section Numbers
- 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016), (3)
- 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis, (2)
- Americans with Disabilities Act Amendments Act of 2008, (1)
- 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations), (3)
- Title II Technical Assistance Manual, (1)
- ADA Update - A Primer for State and Local Governments (Title II Primer), (1)
- Revised ADA Requirements: Effective and Compliance Date, (1)
- The ADA and City Governments: Common Problems, (1)
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