Help and information are free and easy to access

Maybe you've tried to shop at a store with a building design that denied full access to your wheelchair.

Or, you needed to take public transportation, but you were denied service because you were accompanied by a service dog.

Or, you were fired from your job as a result of taking family leave to deal with a medical condition.

Violations of the Americans with Disabilities Act occur in many ways and forms. Whether small or major, intentional or inadvertent, such infringements can happen in just about any aspect of society.

Examples like those above — patterned after actual complaints filed with the U.S. Department of Justice — can get you fired up enough to take action.

But where do you start?

Getting information and taking the first steps to rectify an ADA violation are easier than you might think.

In fact, teams of ADA experts are available only a phone call away. They're ready to answer questions, sort out technical aspects of the law, and help get you on the right path to resolving ADA-related problems — for free.

You Can Call It a ‘Dib-Tack'

As simple as its overall structure may appear, the ADA is a complex law that's constantly being amended and interpreted. (See "ADA 101," for a brief outline of the law.)

That's where free services like the Disability and Business Technical Assistance Centers (DBTACs) and the ADA Information Line can be helpful as first steps in using the law to improve your life.

DBTACs, commonly referred to as "dib-tacks," boast a staff of ADA experts at a network of 10 regional centers across the country. The centers are funded by a grant from the U.S. Department of Education's National Institute on Disability and Rehabilitation Research.

The highly trained staff members strive to provide "accurate, timely technical assistance" on ADA-related matters, said Erica Jones, executive director of the Pacific DBTAC, which serves California, Arizona, Hawaii, Nevada and the Pacific Basin.

Call the DBTAC toll free number, (800) 949-4232 (see also "ADA Resources"), during business hours, and you'll be routed automatically to the regional center closest to your area.

Tales from the IRON BLADDER BRIGADE... "I know it's a bit inconvenient, but file these papers and we'll correct the access problem as soon as possible."

According to the most recent statistics, the DBTACs nationwide fielded over 92,000 calls in 1998 and averaged 7,500 per month.

DBTAC staffers answer broad and specific questions, solve problems and consult on an endless variety of issues, Jones said.

"We serve everybody: employers, businesses, state and local governments, consumers with disabilities and their families, and all kinds of public accommodations," Jones said. "We tell consumers with disabilities, ‘these are your rights,' and other entities, such as employers, businesses, etc., ‘these are your responsibilities.' That's how it breaks down."

Getting Justice

Similarly, the U.S. Department of Justice has a toll-free ADA Information Line, (800) 514-0301, designed to help citizens and businesses understand their rights and responsibilities under the ADA.

Information Line staff members have "significant experience in the area of disability rights and law," Justice Department spokeswoman Casey Stavropoulos said.

The staffers "are backed by architects and attorneys in the Disability Rights Section that serve as sort of the second front where more nuanced technical questions can be answered," Stavropoulos said.

The Information Line, based in Washington, operates generally during regular business hours, Eastern Time (see "ADA Resources,"). It's also the number to call for ordering the Justice Department's technical assistance manuals and the ADA guides published by the department.

ADA Enforcement: No Men in Black

Although the ADA specifically outlines which federal agency enforces each of its titles, don't expect a team of government agents to swarm to the scene of a suspected violation.

Rather, enforcement of the ADA is a complaint-driven process that depends on citizens to call attention to problems by making formal complaints or even filing lawsuits.

Often, the biggest challenge can be understanding whether a violation has indeed occurred — something DBTAC and ADA Information Line staffers are trained to determine.

However, don't count on these experts to assist you with advocacy or free legal advice.

DBTAC staffers can guide callers to the appropriate agencies for filing complaints, or refer them to other agencies. But Erica Jones of the Pacific DBTAC stressed that the DBTACs aren't an ADA enforcement agency; instead, they promote "voluntary compliance."

"We're into trying to prevent a lot of dissension between the business community and people with disabilities," Jones said. "What we value is that our information is not biased. It's neutral. Regardless of who calls, they should get the same core of information."

Stavropoulos stressed that the ADA Information Line doesn't provide legal advice, but serves mainly to clarify rights and responsibilities under the law.

The Right Way to Complain

Callers to both services can also get details about the complaint-filing process, which differs significantly from agency to agency, depending on what type of violation you're reporting.

For example, the process of filing a complaint for an alleged violation of ADA Title II or Title III begins with filling out a complaint form and mailing it to the Justice Department.

Once Justice receives the complaint, it's referred to attorneys in the Disability Rights Section. More information may be requested, and then the case will be reviewed to see whether mediation would be a solution, or if there's "probable cause for litigation," Stavropoulos said.

Unfortunately, filing an ADA complaint with the Justice Department doesn't guarantee any timeline in which the complainant will receive a response, or ensure that any action will be taken.

"The reality is that there are lots of complaints. The Department of Justice chooses ones that will make national significance. Any others may or may not be heard," Jones said.

ADA Knowledge Is Power

"Put this on and get on the table. The doctor will be in shortly."

Although the complaint process can get bureaucratic, ADA experts hope that won't keep people from exercising their rights guaranteed by the ADA.

Stavropoulos said it's important for citizens to know that their role is important in the ADA process.

"There is a mechanism in place to allow citizens to inquire about their rights, and to complain about an incident that requires attention," she said.

While the average consumer may not need to know how every aspect of the ADA works and how its enforcement is handled, knowing generally what it affects can be powerful, Jones said.

"The purpose of the law is to provide civil rights protection and to allow people to fully participate in their society, and to be full members of the community that they live in," she said. "That means everything from the right to vote to attending a public hearing, to being able to acquire transportation, a job, go to a movie or go to a restaurant with friends."

Jones said she wishes that people wouldn't just think of using the DBTACs after a problem has arisen, but also for stocking up on information beforehand.

"You might just want to have information before there is a problem so that you can resolve something with knowledge. Like going to the museum — do they have to let a service animal in? Or do they have to let a wheelchair in if it says no mobility aids allowed?" Jones said.

"Ah! THERE'S the other curbcut!"

And although there are still a lot of problematic issues to be resolved with the ADA, it's remarkable to look at the impact the 12-year-old law has already made, she said.

Prior to the ADA, many people with disabilities were constantly left out because the entrance to a building was impossible to use, or bathrooms weren't accessible.

"All those things are now different. There are still problems and there's still a long way to go. But if you look out in your community, there are curb cuts where they've never been before," Jones said.

"Mothers with baby strollers think they're for them. Workmen with dollies think they're for them. People who use skateboards think they're there for them. That's called universal design and I think it's a wonderful outcome."

For many people with neuromuscular diseases, there usually isn't any question about whether they have a physical disability that greatly affects their lifestyle.

But for people with a variety of other physical or mental conditions, there's often plenty of discussion and sometimes legal wrangling on whether they are, by definition, disabled. The answer to that question determines whether they're "covered" by provisions of the Americans with Disabilities Act.

Under the ADA, an individual with a disability is: "a person who 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."

The scope of that definition has been in the news in recent months, and promises to continue to be newsworthy as the U.S. Supreme Court hears several cases having to do with ADA violations.

Employment Cases

Disability rights activists have protested court decisions they fear are dangerously narrowing the interpretation of what constitutes a disability, and creating a "catch-22" for many people. Many of the cases that have reached the nation's top court concern the rights of employees with disabilities.

One case, Toyota Motor Mfg. v. Williams, has galvanized disability rights activists. Ella Williams was an automobile assembly line employee who developed carpal tunnel syndrome as a result of repetitive motions in her work.

The Supreme Court unanimously agreed that, since Williams' continuing ability to perform "major life activities" — such as brushing her teeth, bathing and doing some household chores — disqualified her from fitting within the ADA's definition of disability, it excluded her from claiming a right to reasonable accommodations from her employer.

Such interpretation means "you are either not disabled enough to be covered by the ADA or you are too disabled to do the job," wrote attorney Arlene Mayerson, in a Friend of the Court brief for the National Council on Disability.

"At the same time [injured workers] are trying to show how much the impairment affects their daily life, they are also trying to prove they are qualified for the job. By proving you're disabled, you can prove yourself right out of a job," wrote Mayerson, directing attorney for the Disability Rights Education and Defense Fund.

In another case that has garnered national attention, the Supreme Court ruled that the ADA doesn't normally require companies to bend their seniority rules so disabled employees can have particular jobs.

In U.S. Airways v. Barnett, the airline had invoked its seniority system to deny an injured baggage handler the right to stay in a less physically taxing job in the mailroom where he had been temporarily assigned but in which he didn't have sufficient seniority to remain.

Disability rights activists saw the late April ruling as another setback for workers with disabilities and part of a disturbing trend that narrows the reach of the ADA.

Justin Dart, chairman of the ADA Watch National Advisory Committee, who is widely considered to be the "father of the ADA," said in a statement on www.ican.com that the ruling signals a need for action by people with disabilities.

"Little known effect of the Americans with Disabilities Act"

"There isn't any doubt in the world that there is a bias against us on the Supreme Court," Dart said. "We need to create a public and political consciousness that makes it unacceptable to take away our rights and unacceptable to appoint judges who threaten the ADA."

At least one more pivotal ADA decision is expected from the court before it adjourns this summer. In fact, Justice Sandra Day O'Connor was quoted earlier this year as calling this term the "disabilities act term" for the number of cases dealing with the ADA. She also criticized the legislation for being passed too hastily.

"It's an example of what happens when ... the sponsors are so eager to get something passed that what passes hasn't been as carefully written as a group of law professors might put together," she said at a lawyers conference in March.

Keeping an Eye Out

The ADA will continue to change the way our society is designed and functions, and so, too, will the way courts, businesses and individuals interpret the law and its provisions.

Several Internet sites track court news and current events having to do with the ADA and disability.

• www.adawatch.com
  An online network designed to "activate grassroots responses to threats to the ADA."
  
  
• www.dredf.org
  Home page for the Disability Rights Education and Defense Fund.
  
  
• www.jfanow.org
  The Justice for All E-mail Network was formed to "defend and advance disability rights and programs in the 104th Congress" and to get information from Washington out to grassroots organizations.
  
  
  
• www.ican.com
  A disability community on the Internet that includes news coverage of issues of interest.

  ADA Resources

  General ADA Information Disability and Business Technical Assistance Centers (800) 949-4232 Call for information, materials, technical assistance or training on the ADA. This number will automatically route your call to the DBTAC in your region. www.adata.org/dbtac.html ADA Information Line, operated by the U.S. Department of Justice (800) 514-0301 Call to obtain answers to general and technical questions about the ADA and to order technical assistance materials. Hours are Monday, Tuesday, Wednesday and Friday from 10 a.m. to 6 p.m. and Thursday from 1 to 6 p.m. Eastern Time. Spanish language service is available. The Department's ADA home page at www.usdoj.gov/crt/ada/adahom1.htm includes information about employment, public accommodations and other ADA topics. www.access-board.gov This is the Web site for the U.S. Architectural and Transportation Barriers Compliance Board, also known as the Access Board, an independent federal agency that enforces the Architectural Barriers Act. The site explains accessibility standards and the laws that govern them, including a comprehensive list of where many public and private entities fall under the ADA. www.eeoc.gov The Equal Employment Opportunity Commission's Web site features frequently asked questions about job discrimination, and explains how to file a discrimination charge.

  Job Accommodation Network (800) 526-7234 This free consulting service provides information about job accommodations, the ADA and the employability of people with disabilities. janweb.icdi.wvu.edu For ADA Violations Title I — Employment U.S. Equal Employment Opportunity Commission Call to be automatically connected with the nearest EEOC field office. (800) 669-4000 www.eeoc.gov Title II — State and local government services, programs or activities Part A: U.S. Department of Justice (800) 514-0301 www.usdoj.gov/crt/ada/adahom1.htm Part B: U.S. Department of Transportation, Federal Transit Administration's ADA Assistance Line for regulations and complaints (888) 446-4511 www.fta.dot.gov/office/civ.htm e-mail: ada.assistance@fta.dot.gov Title III — Public accommodation and private transportation U.S. Department of Justice (see Title II). Title IV — Telecommunications Federal Communications Commission (888) 225-5322 www.fcc.gov/cgb/dro