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Questions Previously Answered by the Illinois ADA Project (Listed by Topic)

I. Employment
II. State and Local Government
III. Places of Public Accommodation
IV. Service Animals
V. Parking
VI. Illinois Accessibility Code

EMPLOYMENT

STATE AND LOCAL GOVERNMENT

PLACES OF PUBLIC ACCOMMODATION

SERVICE ANIMALS

PARKING

ILLINOIS ACCESSIBILITY CODE

EMPLOYMENT

Question: Can an employer ask for a Social Security number on a job application?

Answer: Yes, but under the ADA, the employer cannot use the information to discover disability-related information.

Question: What are the employment laws in Illinois for people infected with HIV? What are their rights?

Answer: Anti-Discrimination Laws
Individuals with HIV and AIDs are generally considered to be people with disabilities under both the federal Americans with Disabilities Act and the Illinois Human Rights Act. Generally, both of these laws are anti-discrimination laws that prohibit employers from discriminating against people with disabilities. In addition to general anti-discrimination requirements, the ADA requires employers to provide employees with reasonable accommodations for known disabilities. The ADA also has certain restrictions about the types of medical exams and inquiries that can be made, and about how information should be kept confidential. Here is a summary about the ADA’s employment provisions: www.eeoc.gov/eeoc/publications/fs-ada.cfm.

I also wanted to pass along the following document from the U.S. Department of Justice which discusses how the ADA applies to individuals with HIV/AIDS in employment, state/local governments, and places of public accommodation: www.ada.gov/aids/ada_q&a_aids.htm.

Finally, I wanted to send you a fact sheet about employees with HIV/AIDS from the Job Accommodation Network: Here is a summary about the ADA’s employment provisions: www.eeoc.gov/eeoc/publications/fs-ada.cfm.

Additional Laws
In addition to the ADA and Illinois Human Rights Act, there are other employment laws that impact people with HIV in Illinois. Here is a link to a great document from the AIDS Legal Council which discusses a host of other laws (including Family Medical Leave Act, HIPAA). www.aidslegal.com/Publications/Workplace_English.pdf.

Question: If an employee is participating in a conference, conference call, or training, who must pay for any accommodations, such as captioning services? Can the costs be split between the employer and the facility providing the service?

Answer: Under the ADA, both employers (Title I) and places of public accommodation (Title II) have a duty to provide reasonable accommodations.

The EEOC Enforcement Guidance on Reasonable Accommodations indicates that in a training situation, both an employer and the entity providing the training have an obligation to provide a reasonable accommodation.

For more information, see: www.eeoc.gov/policy/docs/accommodation.html#reasonable.

The Job Accommodation Network (JAN) provides a Technical Assistance Manual for Title I of the ADA. In this manual, JAN explains that “training opportunities cannot be denied because of the need to make a reasonable accommodation, unless the accommodation would be an undue hardship.” Such accommodations, depending on the needs of particular individuals, may include (but are not limited to) the following:

  • accessible locations and facilities;
  • interpreters and note-takers for employees who are deaf;
  • materials in accessible formats and/or readers for people who are visually impaired or for people with learning disabilities
  • if audiovisual materials are used, captions for people who are deaf, and voice-overs for people who are visually impaired;
  • good lighting on an interpreter, and good general illumination for people with visual impairments and other disabilities;
  • clarification of concepts presented in training for people who have reading or other disabilities;
  • Individualized instruction.

JAN also notes that if an employer “contracts for training with a training company, or contracts for training facilities such as hotels or conference centers, the employer is responsible for assuring accessibility and other needed accommodations. It is advisable that any contract with a company or facility used for training include a provision requiring the other party to provide needed accommodations. However, if the contractor does not do so, the employer remains responsible for providing the accommodation, unless it would cause an undue hardship.”

For more information go to: http://askjan.org/links/ADAtam1.html#III.

Question: If an employer already has the required number of accessible parking spaces for a facility, is it a reasonable accommodation for an individual to request that a particular designated parking space be reserved for that individual’s use only?

Answer: Accessible, reserved parking may be a form of reasonable accommodation for a disabled employee under Title I of the Americans with Disabilities Act (“ADA”), particularly if an employer provides parking spaces to all personnel. However, any space reserved for an individual with a disability as an accommodation under Title I would be separate from, and in addition to, the employer’s accessible parking obligations under Title III of the Act.

Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation (e.g., retail stores, office buildings). Under Title III, places of public accommodation must remove architectural barriers where it is “readily achievable,” meaning easily accomplished without much difficulty or expense. The ADA Standards for Accessible Design, which are part of the ADA Title III regulations, set the guidelines for accessibility to places of public accommodation by individuals with disabilities. These guidelines (like the Illinois Accessibility Code) require a minimum number of accessible parking spaces per total off street parking spaces provided when parking is provided for employees and/or visitors. I am providing a link to a Fact Sheet from the Illinois Attorney General’s office that summarizes the parking standards. See www.ag.state.il.us/rights/accessible_parking.html.

In contrast, Title I of the ADA prohibits discrimination against “qualified individuals with disabilities” in employment by businesses having 15 or more employees, or by State and local governments, in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment (arguably, such as access to the workplace from the parking lot). Specifically, under Title I, a person is considered disabled and, therefore, covered under the Act if they have a physical or mental impairment that substantially limits one or more “major life activities” (e.g., seeing, walking, learning, etc.), has a record of such an impairment, or is regarded as having such an impairment. A qualified individual with a disability is an applicant or employee who, with or without “reasonable accommodation,” can perform the essential functions of the job in question. The term reasonable accommodation includes making existing facilities used by employees readily accessible to and usable by individuals with disabilities unless to do so would cause an undue hardship on the operation of an employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

Unfortunately, the ADA does not clearly address whether an accessible, reserved parking spot would be considered a form of reasonable accommodation for a disabled employee. However, regulations promulgated by the Equal Employment Opportunity Commission (“EEOC”) suggest that employers may be obligated to accommodate disabled employees in this manner if they provide parking spaces to all personnel. Under the EEOC guidance, employers are required to provide “modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position”; and . . . . “that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.” See 29 C.F.R. §§ 1630.2(o)(ii) and (iii). See also www.eeoc.gov/facts/accommodations-attorneys.html (EEOC Hypothetical Example 21 -- assigned parking necessary as accommodation when unassigned parking offered as benefit of employment). Of course, employers could also consider other forms of accommodation as well, such as valet parking, a closer workstation, or working from home.

Please note that the ADA may be open to differing interpretations on the extent of an employer’s obligation to provide accessible parking to an employee who is not otherwise entitled to a parking space.

Question: Is an employer in the City of Chicago required to provide a disabled employee with a parking space if it provides parking spaces for other selected employees such as manager-level employees?

Answer: Accessible, reserved parking may be a form of reasonable accommodation for a disabled employee under Title I of the Americans with Disabilities Act (“ADA”) if the employer provides parking spaces to all personnel. Unfortunately, the law is unclear with regard to an employer’s designated parking obligations when the employee is not otherwise entitled to a parking space.
Under Equal Employment Opportunity Commission (“EEOC”) interpretive guidance, employers must provide modifications or adjustments to the work environment “that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.” See 29 C.F.R. §§ 1630.2(o) (iii). Thus, according to the EEOC, if parking is a benefit or privilege of employment, employers should consider accessible parking as form of reasonable accommodation. See 29 C.F.R. § 1630.2(o)(iii). See also www.eeoc.gov/facts/accommodations-attorneys.html (EEOC Hypothetical Example 21 -- assigned parking necessary as accommodation when unassigned parking offered as benefit of employment).

Unfortunately, using the above-stated “guidance,” an employer might argue that providing an accessible reserved parking space as an accommodation to an individual not entitled to a parking space would be an extra, unequal perk, not an equal benefit. An employer could also argue that it is only required to provide reasonable accommodations that eliminate barriers within (not outside) the work environment, and that employers are not typically required to assist workers in getting to and from work. Even more compelling, employers could note that, under the ADA Title III architectural standards for accessibility to places of public accommodation, employers are bound by the minimum disabled parking requirements only if they already provide parking to other employees and/or visitors. See also www.eeoc.gov/facts/accommodations-attorneys.html (an employer has the right to choose to provide paid parking while not providing subsidies for use of public transportation); Kornblau v. Dade County, 86 F.3d 193 (11th Cir. 1996) (holding that the ADA does not prohibit an employer from having three separate lots as long as accessible parking is provided in each and that it did not have to provide a disabled employee with one of the reserved spaces closest to the building which were reserved for county commissioners and officials).

Conversely, a disabled employee could reason that a “reasonable accommodation” under the ADA includes “making existing facilities used by employees readily accessible to and usable by individuals with disabilities.” The employee could argue that accessible parking is a necessary accommodation because otherwise he or she could not access the work site. Put another way, accessible parking would be necessary to provide an equal employment opportunity.

While not binding within the Seventh Circuit (which includes Illinois), the First and Second Circuit Courts of Appeals have issued opinions that suggest that an employer might be obligated to provide parking that meets the needs of an individual with a disability, even if parking is not provided to other employees. In 2000, the First Circuit ruled that a store should have permitted an employee who had no legs to park in the customer lot’s accessible spaces, which were closer to the entrance, rather than requiring her to park in the employee parking lot, which had no accessible spaces. The court noted that “[i]t is not sufficient to treat plaintiff as all other employees.” See Marcano-Rivera v. Pueblo International, 232 F.3d 245 (1st Cir. 2000). The Second Circuit went even further. In Lyons v. Legal Aid Society, an employee with a disability requested that her employer pay for a parking space near her office, even though her employer did not provide paid parking for any other employees. The district court had dismissed Lyon’s complaint, stating that the ADA did not require an employer to provide paid parking. The Second Circuit disagreed, holding that a paid parking space was a form of reasonable accommodation. Furthermore, the Court suggested that the fact that other employees did not receive paid parking might be irrelevant to whether an employee with a disability could receive such parking. The Court, however, did not make a final decision in this case, and instead returned the case to the district court for a trial to determine whether the Legal Aid Society could show reasons why it would not be required to provide paid parking for her as an accommodation. See Lyons v. Legal Aid Society, 68 F.3d 1512 (2d Cir. 1995).

While the EEOC has declined to take a position on the specific issue you have raised, it has addressed this question in the form of a 1997 guidance letter. In that matter, an individual had a reserved, underground parking space close to the elevators. Her agency was moving into a new building that had limited underground parking that would be reserved for management personnel. The EEOC advised that, while the law was not clear, the Second Circuit Lyons case “presented an argument” for providing this non-management employee with a covered space. However, the EEOC also stated that the ADA regulations could be used to argue that the agency was meeting its obligation by providing her with an accessible space in the unprotected parking lot if that was where similarly-situated, non-disabled employees would be parking.

Please keep in mind that it never hurts to ask. We advise that you discuss your need for an accessible parking spot with your employer and begin a dialogue to find an amenable solution. You can also discuss a myriad of other effective accommodations with your employer if reserved, accessible parking is not an option (e.g., moving your workstation closer to the parking lot, providing valet parking, allowing work from home, etc.).

Question: I was just told that the EEOC has published guidelines that says (basically)- It is okay to ask about disability on employment applications. Can you think of any way that this can be accurate? A high ranking city official stated this in a meeting, and I think they are wrong, but thought I should ask the expert first. Thanks.

Answer: Disability related questions cannot be asked at the application stage. An employer can only ask disability-related questions (or require a medical examination), after there has been a bona fide conditional offer of employment. After the offer, almost all disability-related information is fair game for questioning as long as:

  • 1. The questions are asked of every applicant for that position;
  • 2. The reason that the person is rejected is job related and based on business necessity.

The EEOC has published a helpful guidance bout the ADA and job applicants, which you can access here: www.eeoc.gov/facts/jobapplicant.html.

However, EEOC Guidance provides that an employer may "voluntarily" ask a job applicant to "self-identify." This information must then be kept confidential and in a separate medical file as is true with any medical information obtained by an employer. The EEOC Guidance relevant to this area is included below. The entire EEOC document addresses other disclosure issues as well and may be found at www.eeoc.gov/policy/docs/preemp.html.

--------------------------------------------------------------

The U.S. Equal Employment Opportunity Commission
EEOC NOTICE
Number 915.002
Date 10/10/95

May an employer ask applicants to "self-identify" as individuals with disabilities for purposes of the employer's affirmative action program?

Yes. An employer may invite applicants to voluntarily self- identify for purposes of the employer's affirmative action program if:

  • the employer is undertaking affirmative action because of a federal, state, or local law (including a veterans' preference law) that requires affirmative action for individuals with disabilities (that is, the law requires some action to be taken on behalf of such individuals); or
  • the employer is voluntarily using the information to benefit individuals with disabilities.

Employers should remember that state or local laws sometimes permit or encourage affirmative action. In those cases, an employer may invite voluntary self-identification only if the employer uses the information to benefit individuals with disabilities.

Are there any special steps an employer should take if it asks applicants to "self-identify" for purposes of the employer's affirmative action program?

Yes. If the employer invites applicants to voluntarily self- identify in connection with providing affirmative action, the employer must do the following:

  • state clearly on any written questionnaire, or state clearly orally (if no written questionnaire is used), that the information requested is used solely in connection with its affirmative action obligations or efforts; and
  • state clearly that the information is being requested on a voluntary basis, that it will be kept confidential in accordance with the ADA, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with the ADA.

In order to ensure that the self-identification information is kept confidential, the information must be on a form that is kept separate from the application.

Question: What if your employer refuses your request for accommodations after asking for a doctor’s recommendation and description of your illness.

Answer: Under the ADA, employers are supposed to engage in the “interactive process” to determine whether an employee’s specific request is reasonable, and if not, whether any other accommodations would be reasonable and effective. To learn more about reasonable accommodations, you should review the EEOC’s guidance: www.eeoc.gov/policy/docs/accommodation.html.

If your employer has refused your request, you can encourage them employer to contact the Job Accommodation Network (JAN) which is a great resource to consider different types of reasonable accommodations. You could also contact JAN to see if there are other accommodations to request. http://askjan.org/soar/index.htm If your employer still refuses, you may choose to file a complaint of employment discrimination with the federal Equal Employment Opportunity Commission (www.eeoc.gov/field/chicago/index.cfm) or your state human rights commission.

If you would like additional self-advocacy assistance or are requesting additional legal assistance, I’d be happy to send your email to the intake line at Equip for Equality, a disability advocacy agency.

Question: My employer is violating the ADA – where can I file a complaint about employment discrimination?

Answer: Before you can file a lawsuit for employment discrimination in court under the ADA or the Illinois Human Rights Act, you need to “exhaust your administrative remedies.” This means that you need to file a charge of discrimination. You can either file with the federal government or the state government, as we explain below.

  • Federal government:
    • o Nonfederal employees file with the Equal Employment Opportunity Commission (EEOC)
    • o Federal employees file with an agency Equal Employment Opportunity (EEO) Counselor
  • The Illinois Department of Human Rights (IDHR)

In addition, depending on where you live and/or work, you may be able to file a charge of discrimination with your local civil rights commission. This typically does not count as “exhausting” your administrative remedies, but provides another forum for you to seek relief. Here is a list of many local commissions in the State of Illinois.

Question: If an employee has a doctor note for a shift change, does the employer need to keep rate the same or change according to shift rates?

Answer: At risk of sounding too lawyerly, the answer is “it depends.” Here are a few things to keep in mind:

Under the ADA, employers are required to provide qualified employees with disabilities a reasonable accommodation so long as the accommodation would not be an undue hardship on the operation of the business. You are correct in that many instances, a shift change can be a reasonable accommodation. However, employers are not required to “promote” an employee, including raising their level of pay if transferring shifts.  In addition, if an employer reassigns an employer to a shift that pays less, it would not have to maintain the employee’s previous rate of pay unless the employer transfers employees without disabilities to lower level positions and maintains their original salaries.

See question 30-EEOC guidance about reasonable accommodations (available here: www.eeoc.gov/policy/docs/accommodation.html

  • Question: If an employee is reassigned to a lower level position, must an employer maintain his/her salary from the higher level position?
  • Answer: No, unless the employer transfers employees without disabilities to lower level positions and maintains their original salaries.(91)

Here is a link to a helpful and user-friendly guide on the ADA: https://adata.org/lawhandbook

State and Local Government

Question: As I read the ADA, when a municipal street is repaved, it must have a curb cut. Is this correct?

Answer: Yes, it sounds like you understand the Act correctly. Here is the text from the Title II regulations, 28 C.F.R. 35.151(i). “(1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways.” You may also be interested in this document from the DOJ, which discusses curb cuts in detail: www.ada.gov/pcatoolkit/chap6toolkit.htm

Question: Is there a specific law related to keeping wheelchair ramps at street corners clear and accessible? I know of several in our town that are blocked by dirt and weed growth. Is there a fine for violating any rule, etc?

Answer: That is a very good question. Title II is the section of the Americans with Disabilities Act that covers State and local government entities, which are responsible for public/municipal curb cuts. The regulations under Title II require that accessible features be “maintained” which could help with the situation you mentioned. I included relevant language below:

  • Regulations about Title II of the ADA from the U.S. Department of Justice:
    www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm#a35133

    28 C.F.R. § 35.133 Maintenance of accessible features:

    (a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.

    (b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.

    (c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards

  • Additional Guidance in the Title II Technical Assistance Manual from the U.S. Department of Justice:
    www.ada.gov/taman2.html#II-3.10000
    II-3.10000 Maintenance of accessible features. Public entities must maintain in working order equipment and features of facilities that are required to provide ready access to individuals with disabilities. Isolated or temporary interruptions in access due to maintenance and repair of accessible features are not prohibited.
    Where a public entity must provide an accessible route, the route must remain accessible and not blocked by obstacles such as furniture, filing cabinets, or potted plants. An isolated instance of placement of an object on an accessible route, however, would not be a violation, if the object is promptly removed. Similarly, accessible doors must be unlocked when the public entity is open for business.

    Mechanical failures in equipment such as elevators or automatic doors will occur from time to time. The obligation to ensure that facilities are readily accessible to and usable by individuals with disabilities would be violated, if repairs are not made promptly or if improper or inadequate maintenance causes repeated and persistent failures.

    ILLUSTRATION 1: It would be a violation for a building manager of a three-story building to turn off the only passenger elevator in order to save energy during the hours when the building is open.

    ILLUSTRATION 2: A public high school has a lift to provide access for persons with mobility impairments to an auditorium stage. The lift is not working. If the lift normally is functional and reasonable steps have been taken to repair the lift, then the school has not violated its obligations to maintain accessible features. On the other hand, if the lift frequently does not work and reasonable steps have not been taken to maintain the lift, then the school has violated the maintenance of accessible features requirement.

    ILLUSTRATION 3: Because of lack of space, a city office manager places tables and file cabinets in the hallways, which interferes with the usability of the hallway by individuals who use wheelchairs. By rendering a previously accessible hallway inaccessible, the city has violated the maintenance requirement, if that hallway is part of a required accessible route.

PLACES OF PUBLIC ACCOMMODATION

Question: What are the requirements for website accessibility for a public accommodation?

Answer: Initially, it must be noted that an accessible web site benefits everyone. Navigation is one of the key elements of an accessible web site and research has shown that an accessible web site is more usable to everyone. It does not eliminate the use of images and other features that make a web site attractive and interactive for your visitors. It is a matter of considering how someone uses the web site, how information is organized and the methods used to convey information. Places of Public Accommodation are covered under Title III of the ADA. This requires that programs and services are readily accessible to and usable by people with disabilities.

The issue is that a entity such as public accommodation is covered under the ADA and given the fact that the web site is another means of offering a "place" to conduct business with the bank, attention should be given to ensure that customers have equal access to this virtual "place" as they do to the physical spaces that a public accommodation builds and operates. The U.S. Department of Justice issued a policy letter several years ago, at the beginning of the widespread use of the internet to conduct business stating that Title II and Title III entities are responsible for the accessibility of their web sites. Essentially, the letter states that businesses that provide services online must provide public accommodation as long as doing so would not present an undue hardship to the ordinary course of business. “Public Accommodations” may include, but are not limited to, taped text, brail, and large print. This policy letter in its entirety can be found on-line at: www.usdoj.gov/crt/foia/tal712.txt.

The Seventh Circuit Court of Appeals, which covers Illinois, Indiana, and Wisconsin, has stated that a web site could qualify as a place of public accommodation. Specifically, the Court declared that "the owner or operator of a store, hotel, restaurant,[...], web site, or other facility (whether in physical space or in electronic space) that is open to the public cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the non-disabled do." Doe v. Mutual of Omaha Ins. Co., 179 F.3d 559 (7th Cir. 1999), cert. denied, 68 U.S.L.W. 3432 (U.S. Jan. 11, 2000) (No. 99-772)).

Since the ADA was passed in 1990, there are no provisions within the ADA discussing website accessibility. However, there are Federal and State Website Standards in place for certain government agencies. It is possible that these standards may be applied to places of public accommodation. Generally, under the ADA, access must be provided absent an undue hardship to a public accommodation. The absence of a standard does not mean that a covered entity does not have some obligations to ensure that the programs and services offered to customers - with or without disabilities - on the internet are accessible to every user. Any person with access to a computer should have access to information that the covered entity provides on it's web site for existing customers as well as potential customers.

While one may argue that an "accommodation" can be by offering phone service or by various locations where the place of public accommodation has physical sites, this is likely not going to be considered "equivalent" access. In order for a service to be considered an equivalent service, a person with a disability should have the same degree of access in comparison to a person without a disability. It is not the responsibility of a place of public accommodation to provide computers for it's customers or the software that someone who has a disability needs in order to access the internet. The obligation of a place of public accommodation is to ensure that someone visiting the web site is able to navigate the web site and transact business the same as someone with out a disability, whether or not they use assistive technologies.

A recent decision in regard to the issue was reached in The National Association of the Deaf v. Netflix. 869 F. Supp. 2d 196, 2012 U.S. Dist. (D. Mass. 2012). The court found that Netflix had failed to provide adequate accommodation on its “Watch Instantly” video streaming. The First Circuit reached its decision after analyzing whether the online website would be considered a “place of public accommodation” in accordance with 42 USCS § 12181(7). It was determined that Netflix’s online video streaming was a “place of public accommodation”, and under the ADA must provide adequate accommodation to ensure persons with disabilities are able to use the site efficiently.

In order to do this, there are standards that have been developed that guide the crafting of accessible web based information. Section 508 of the Rehabilitation Act of 1973 is the federal standard for accessible information technology, including web sites. This standard does not currently apply to the private sector. It is only applicable to federal entities. This standard is considered a minimum. More information on the Section 508 Standards and to obtain a copy of the standards go towww.section508.gov or the US Access Board Web Site who is the federal agency responsible for producing the Section 508 Standards at www.access-board.gov.

There is also a set of guidelines for accessible web based information which has been produced by the World Wide Web Consortium which is a private entity comprised of groups and individuals interested in crafting standards for web based information. Due to the lack of regulation of the internet this group established itself several years ago now to address some of the issues that arise based on the various uses of the internet across the world. One of the initiatives that they have undertaken is the development of guidelines for accessibility. These guidelines are comprehensive and based on a series of variables. There are different levels of accessibility under the guidelines and it is recommended that an entity attempt to achieve all 4 levels but minimally levels one and two. These guidelines can be accessed on-line at www.w3.org/WAI/ and are referred to as the Web Accessibility Imitative.

The State of Illinois government adopted their own web site accessibility standard which is a hybrid of the requirements under Section 508 Standards and the World Wide Web Consortium Web Accessibility Imitative Guidelines. This standard applies to state government web sites. This is another guide that a business such as Public Accommodation could choose to follow. This information is available on-line at: www.illinois.gov/iwas/.

Finally, note that the DOJ has announced that it will issue a Notice of Proposed Rulemaking for website access, which should be published soon. For more information, see: The DOJ is expected to issue a Notice of Proposed Rulemaking soon: www.reginfo.gov/public/do/eAgendaViewRule?pubId=201210&RIN=1190-AA65.

It should be recognized that one cannot make a web site accessible overnight. It is a process and requires a great deal of planning and oversight to ensure that once the infrastructure is created as accessible that it is maintained accessible. In many institutions, this is done by establishing that any new pages developed will be constructed accessible and that any major overhauls of the web site will include accessibility as a key element in design. A site may have hundreds of pages of content and obviously it can take time for this to occur. Just as you would look at the existing facility and identify barriers and develop a plan to remove those barriers against the priorities of 1) Getting in the door; 2) Ability to navigate within the facility and access services; 3) Restroom and 4) Other amenities. One would approach the transformation of a web site the same way. Prioritizing the pages that are most commonly utilized by visitors and customers and addressing these first with the remaining pages falling in line over a period of time, is a valid approach. Creating an accessible web site benefits everyone. Navigation is one of the key elements of an accessible web site and some of the research has shown that an accessible web site is more usable to everyone. It does not eliminate the use of images and other features that make a web site attractive and interactive for your visitors. It is a matter of considering how someone uses the web site, how information is organized and the methods used to convey information (e.g. PDF documents are not accessible, but you can have PDF accompanied by HTML or text).

Question: A relative has a disability that allows him to drive, but makes getting in/out of the car to pump gas difficult. Are there any full service gas stations in the Joliet/Lockport area? Thank you.

Answer: The only full-service pump in the Lockport/Joliet area that we were able to find is at the Plainfield Shell at 3021 Plainfield Road, Joliet, IL 815-577-7911. Numerous other self-serve stations will provide assistance if the driver calls or honks their horn. Those stations are:

  • Mickey's One Stop, 1415 Plainfield Rd, Joliet, IL 815-729-1420
  • BP 1987 W. Jefferson St, Joliet, IL 815-729-2989
  • Gas City, 2101 E. Laraway Rd, Joliet, IL 815-724-0240
  • Lockport Citgo, 1228 S. State St. lockport, IL 815-838-6600
  • Shell, 518 S. State St, Lockport, IL 815-838-9379
  • Speedway, 314 S. State St. lcokport, IL 815-838-3563
  • Speedway, 1004 E. 9th St. Lockport, IL 815-838-2019
  • Texor Minute Man, 415 New AVe, Lockport, IL 815-838-1818

People with disabilities may require assistance to purchase fuel at self-service pumps. The Americans with Disabilities Act (ADA) requires gas stations to provide equal access for their customers with disabilities. If necessary to provide access, stations must provide refueling assistance upon the request of an individual with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee, but is encouraged to do so, if feasible. Service Stations should:

  • Let customers know (e.g., using signs or notification on or near pumps) that individuals with disabilities can obtain refueling assistance by honking their horn or otherwise signaling an employee. Some stations provide a call button.
  • Provide the refueling assistance without any charge beyond the self-serve price, if the customer wants only fuel. The attendant may provide assistance at a self-service pump or at a full-service pump. In either case, the customer must be charged the self-service price.

The Department of Justice ruled that gas stations with self-service gas pumps must provide equal access to customers with disabilities. Upon request, an attendant must provide refueling assistance and the disabled customer must still get the self-service rate. Gas station management must display signage to let disabled patrons know they may request assistance either by honking or signaling a gas station employee. A gas station or convenience store that sells gas is not required to provide such service at any time it is operating on a remote control basis with a single employee, but is encouraged to do so, when possible.

For more information, you may want to contact the U.S. Department of Justice (DOJ), Civil Rights Division. Here is a link to the DOJ - ADA Website: www.ada.gov Pasted below is information from a DOJ ADA Business BRIEF called, "Assistance at Gas Stations." Here is a link to that Brief: www.ada.gov/gasserve.htm.

Americans with Disabilities Act:
Assistance at Self-Serve Gas Stations

People with disabilities may find it difficult or impossible to use the controls, hose, or nozzle of a self-serve gas pump. As a result, at stations that offer both self and full service, people with disabilities might have no choice but to purchase the more expensive gas from a full-serve pump. At locations with only self-serve pumps, they might be unable to purchase gas at all.

The Americans with Disabilities Act (ADA) requires self-serve gas stations to provide equal access to their customers with disabilities. If necessary to provide access, gas stations must -

  • Provide refueling assistance upon the request of an individual with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee, but is encouraged to do so, if feasible.
  • Let patrons know (e.g., through appropriate signs) that customers with disabilities can obtain refueling assistance by either honking or otherwise signaling an employee.
  • Provide the refueling assistance without any charge beyond the self-serve price.

If you have additional questions concerning the ADA, you may call the Department of Justice's ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TDD) or access the ADA Home Page.

Within the state of Illinois, the Ninth General Assembly passed IL HB 4866, which requires for a service station with more than one attendant on duty to service a person with a disability at no additional cost. By January 1, 2014, all gas stations within the state of Illinois must be in compliance with the ADA by providing an ADA complaint motor fuel dispenser with a direct phone number to the refilling station so a person with a disability can request service. The provided number must be in close proximity to the international symbol of accessibility. If, however, the refueling station is unable to provide an ADA compliant gas dispenser, there must be a direct number to the station that allows the person with the disability to request fueling.

The Illinois Department of Human Services also provides information on refueling stations that are in compliance with the ADA. The list can be found at (www.dhs.state.il.us/page.aspx?item=35287).

Question: I was wondering what the requirements were for providing accessible bathrooms in public places of business? Are there requirements depending on a building's size? Can stores choose to not offer public bathrooms?

Answer: The requirements for accessible bathrooms vary depending upon the type of building involved, as well as whether or not the building is an existing facility, new construction or alteration of an existing facility. The Americans with Disabilities Act (ADA) establishes federal requirements for twelve categories of public accommodations, including stores and shops, restaurants and bars, service establishments, theaters, hotels, recreations facilities, private museums and schools and others. Nearly all types of private businesses that serve the public are included in the categories, regardless of size.

Under the ADA, existing business facilities that serve the public must remove physical barriers where that is readily achievable (easily accomplishable without much difficulty or expense). The "readily achievable" requirement is based on the size and resources of the business. Barrier removal is an ongoing obligation. The 2010 ADA Standards guide businesses. These standards are part of the ADA Title III regulations. The priorities for barrier removal include first providing access to the business from public sidewalks, parking, and public transportation, and then providing access to the areas where goods and services are made available to the public. Once these barriers are removed, the business should provide access to public toilet rooms (if toilet rooms are provided for customer use). See 28 C.F.R. § 36.304(c) (2013).

The ADA requires that newly constructed facilities and alterations to facilities, spaces or elements (including renovations) meet or exceed the minimum requirements of the 2010 ADA Standards for Accessible Design. The 2010 Standards provide detailed physical requirements regarding such items as toilet stalls, grab bars, doors, lavatories and mirrors, among other things. The 2010 ADA Standards can be found here: www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#titleIII.

In Illinois, the Environmental Barriers Act (EBA) applies to new construction and alterations (including additions, historical preservation, restoration or reconstruction) of public facilities and multi-story housing units. The Illinois Accessibility Code, found in the Illinois Administrative Code at Title 71 Section 400.310, contains the design standards required by the EBA and has the force of building code. The Illinois Accessibility Code lists detailed specifications and requirements for toilet rooms, toilet stalls, water closets, and more. The Illinois Code references ADAAG throughout. Public toilet rooms are required by the Illinois Plumbing Code (77 Ill. Adm. Code 890) to have a minimum number of plumbing fixtures, shall have accessible toilet rooms and related fixtures for each sex in compliance with the specifications set out by the Illinois Accessibility Code.

The Illinois Plumbing Code applies to new plumbing and the alteration of plumbing systems. The rules govern all new construction and any remodeling or renovation of existing plumbing. The rules do not apply to existing buildings unless the plumbing is being altered, the building use is being changed or the existing plumbing creates a health or safety hazard. The Illinois Plumbing Code establishes a minimum number of plumbing fixtures to be provided for each building type and occupant load. See 77 Ill. Adm. Code Section 890.810(a). The building types include hotel/motel units, assembly places, mercantile units, malls and stores, worship places and funeral homes, gas stations, office buildings/public buildings, food service establishments, pubs, lounges, nightclubs, and places serving food or liquid to be consumed on the premises, schools, day care, nurseries and preschools, hospital rooms, among others. For some building types, the number of required plumbing fixtures is dependent upon the building's occupant load. See Section 890.810, Appendix A, Table B.

Under the Illinois Plumbing Code, in general, buildings with 5,000 square feet of gross public area or with occupancies of 100 or more persons shall provide public restrooms, and buildings with less than 5,000 square feet of gross public area, or with occupancies of fewer than 100 persons, need not provide public restrooms. Individual business within the same building or within an enclosed mall may share public/employee restroom facilities, with certain rules associated. See 77 Ill. Adm. Code 890.810(b)(2), available at www.ilga.gov/commission/jcar/admincode/077/077008900F08100R.html. However, any food service establishment that sells food or beverage to be consumed on its premises or within the building/mall must be located no more than 100 feet from the shared public/employee restrooms and must be on the same floor. An exception to this is that food service establishments with no more than 10 combined employees and seats (for patrons) at any one time need not provide public restrooms, provided the employee restrooms are accessible and made available to the public. All gas stations shall provide at least one public restroom for male use and one public restroom for female use. However, facilities that do not have any employees working as attendants and use automated machines need not provide male/female public restrooms, but there must be one employee restroom for use by maintenance staff when such personnel is present. Plumbing that is installed must meet the requirements of the Illinois Accessibility Code. For more information, the Illinois Plumbing Code is available at: www.ilga.gov/commission/jcar/admincode/077/07700890sections.html

Thus, whether or not an accessible bathroom is required in any given location depends upon numerous factors including, but not limited to, the type of building, whether it is existing/new/or being altered, the occupancy load of the building, and whether there are other businesses within the same building or mall that may be sharing restroom facilities. Businesses in existing facilities without restrooms could choose not to install restrooms altogether and not be out of compliance with any of the laws discussed above.

Question: If a business is sold and no physical changes are made to the building can the new business go on as usual?

Answer: Nearly all private businesses are covered by the requirements of Title III of the ADA, and most private businesses in Illinois are also covered by the Illinois Environmental Barriers Act. Under the ADA, all businesses must remove barriers when it is "readily achievable" to do so. "Readily achievable" means "easily accomplishable and able to be carried out without much difficulty or expense."
For example, in a situation where a restaurant (or other business) is sold and no alterations or renovations have been done to the space, the new owners still must remove existing barriers, unless doing so will cause "undue hardship," regardless of whether or not the prior owners complied with the barrier removal requirements. However, even if a restaurant can show that removing existing barriers is not readily achievable or will cause undue hardship, it still must make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable (i.e. free delivery service - even if delivery service is not generally offered - or curbside service.)

Likewise, if the restaurant (or other business) has made accommodations and efforts to remove barriers, it is the new owner’s responsibility to ensure the accuracy and currency of the accessible standards. Beginning in March 2012, new ADA 2010 standards were put into effect to replace and update the original 1991 ADA standards. It is not necessary to follow the 2010 Standards unless any renovations or alterations to the business are made upon the transfer of ownership of the business. In accordance with the 2010 Standards, if the “technical requirements or the number of required accessible elements are below the number required by the 1991 Standards,…[then these elements] may be reduced.” (2010 ADA Standards §36.211).

If you lease space in a building, your landlord or building manager may also be obligated to provide you with financial assistance.
Several resources may help a restaurant (or other business) in further examining its obligations under Federal and State law:

We also wanted to let you know that in some cases, private businesses may be eligible for tax incentives for the cost of removing barriers: www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm#tax

Question: What are the ADA requirements for a wheelchair accessible ramp?

Answer: Under the ADA, ramps should have 12" of run for every 1" of rise. These requirements are found in the 2010 Standards of Accessible Design. Additional regulations are provided below for your convenience. Please let me know if you have any additional questions. Thank you.

Below are several excerpts from the 2010 Standards of Accessible Design:

405 Ramps

405.1 General. Ramps on accessible routes shall comply with 405.
EXCEPTION: In assembly areas, aisle ramps adjacent to seating and not serving elements required to be on an accessible route shall not be required to comply with 405.

405.2 Slope. Ramp runs shall have a running slope not steeper than 1:12.
EXCEPTION: In existing sites, buildings, and facilities, ramps shall be permitted to have running slopes steeper than 1:12 complying with Table 405.2 where such slopes are necessary due to space

Table 405.2 Maximum Ramp Slope and Rise for Existing Sites, Buildings, and Facilities

Slope1 Maximum Rise
Steeper than 1:10 but not steeper than 1:8 3 inches (75 mm)
Steeper than 1:12 but not steeper than 1:10 6 inches (150 mm)
1. A slope steeper than 1:8 is prohibited.  

Advisory 405.2 Slope. To accommodate the widest range of users, provide ramps with the least possible running slope and, wherever possible, accompany ramps with stairs for use by those individuals for whom distance presents a greater barrier than steps, e.g., people with heart disease or limited stamina.

405.3 Cross Slope. Cross slope of ramp runs shall not be steeper than 1:48.

Advisory 405.3 Cross Slope. Cross slope is the slope of the surface perpendicular to the direction of travel. Cross slope is measured the same way as slope is measured (i.e., the rise over the run).

405.4 Floor or Ground Surfaces. Floor or ground surfaces of ramp runs shall comply with 302.
Changes in level other than the running slope and cross slope are not permitted on ramp runs.

405.5 Clear Width. The clear width of a ramp run and, where handrails are provided, the clear width between handrails shall be 36 inches (915 mm) minimum.
EXCEPTION: Within employee work areas, the required clear width of ramps that are a part of common use circulation paths shall be permitted to be decreased by work area equipment provided that the decrease is essential to the function of the work being performed.

405.6 Rise. The rise for any ramp run shall be 30 inches (760 mm) maximum.

405.7 Landings. Ramps shall have landings at the top and the bottom of each ramp run. Landings shall comply with 405.7.

Advisory 405.7 Landings. Ramps that do not have level landings at changes in direction can create a compound slope that will not meet the requirements of this document. Circular or curved ramps continually change direction. Curvilinear ramps with small radii also can create compound cross slopes and cannot, by their nature, meet the requirements for accessible routes. A level landing is needed at the accessible door to permit maneuvering and simultaneously door operation.

To receive more information on Ramp Landings specifications, please see Sec. 405.7.1 of the 2010 ADA Standards of Accessible Design from the Dept. of Justice at: www.ada.gov/2010ADAstandards_index.htm.

Question: In a commercial space, such as a restaurant with a bar, what are the ADA “entrance and approach” requirements for work spaces versus spaces for the public?

Answer: There are two statutes – one state and one federal – that govern physical access for people with disabilities to new construction, additions, and alterations to public facilities. The Illinois law is the Environmental Barriers Act (“EBA”), and its corresponding set of rules is the Illinois Accessibility Code (“IAC”). See 410 ILCS 25. The IAC has the force of a building code and has been adopted by the Capital Development Board to implement the EBA. See 71 Ill. Admin. Code 400.100; www.cdb.state.il.us/forms/download/iac.pdf.

Title III of the Americans with Disabilities Act (“ADA”) is the federal law that governs physical accessibility of public facilities for both employees and the public at large. The 2010 ADA Standards have largely modified the original ADA Accessibility Guidelines for Buildings and Facilities (referred to as “ADAAG”), and the new 2010 Standards include changes in accessibility requirements for workers in public facilities.

The language of the IAC was written to mirror the original ADAAG language, which is now largely out-of-date with regards to ADA requirements for public facilities. While spaces meant for public use in a commercial facility, such as lobbies, conference rooms, or restrooms, had to have “full accessibility” allowing a wheelchair can maneuver in a 360-degree turn, that requirement was not applied to work-only areas until recently. Previously, the language of the ADAAG stated merely that spaces used only as work areas may be designed and constructed so that individuals with disabilities can approach, enter, and exit the areas. The IAC still contains this limited language.

The 2010 ADA Standards, however, now require accessible common use circulation paths to be constructed in employee work areas unless those work areas are subject to certain exceptions. The requirement for accessible common use circulation paths does not apply to facilities that existed prior to 2010, nor does it apply to certain work areas where, because of their size and function, it would be difficult to create a common use circulation path (such as permanently installed partitions, counters, kitchens in quick service restaurants, cocktail bars, etc.).

Using the particular example of a restaurant with a bar, an entrance and approach point of at least 32-inches for the area behind a restaurant bar would comport with the accessibility requirements for employees under the ADA and EBA. The work area behind a restaurant bar would likely fall under an exception to the 2010 ADA Standards.

The 2010 ADA Standards define an “Employee Work Area” as follows:

All or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are not employee work areas.

See 203.9 Employee Work Areas. Spaces and elements within employee work areas shall only be required to comply with 206.2.8, 207.1, and 215.3 and shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the employee work area. Employee work areas, or portions of employee work areas, other than raised courtroom stations, that are less than 300 square feet (28 m2) and elevated 7 inches (180 mm) or more above the finish floor or ground where the elevation is essential to the function of the space shall not be required to comply with these requirements or to be on an accessible route.

>>>Advisory 203.9 Employee Work Areas. Although areas used exclusively by employees for work are not required to be fully accessible, consider designing such areas to include non-required turning spaces, and provide accessible elements whenever possible. Under the ADA, employees with disabilities are entitled to reasonable accommodations in the workplace; accommodations can include alterations to spaces within the facility. Designing employee work areas to be more accessible at the outset will avoid more costly retrofits when current employees become temporarily or permanently disabled, or when new employees with disabilities are hired. Contact the Equal Employment Opportunity Commission (EEOC) at www.eeoc.gov for information about title I of the ADA prohibiting discrimination against people with disabilities in the workplace.

See 206.2.8 Employee Work Areas. Common use circulation paths within employee work areas shall comply with 402.

EXCEPTIONS:

1. Common use circulation paths located within employee work areas that are less than 1000 square feet (93 m2) and defined by permanently installed partitions, counters, casework, or furnishings shall not be required to comply with 402.
2. Common use circulation paths located within employee work areas that are an integral component of work area equipment shall not be required to comply with 402.
3. Common use circulation paths located within exterior employee work areas that are fully exposed to the weather shall not be required to comply with 402.

>>>Advisory 206.2.8 Employee Work Areas Exception 1. Modular furniture that is not permanently installed is not directly subject to these requirements. The Department of Justice ADA regulations provide additional guidance regarding the relationship between these requirements and elements that are not part of the built environment. Additionally, the Equal Employment Opportunity Commission (EEOC) implements title I of the ADA which requires non-discrimination in the workplace. EEOC can provide guidance regarding employers' obligations to provide reasonable accommodations for employees with disabilities.

>>>Advisory 206.2.8 Employee Work Areas Exception 2. Large pieces of equipment, such as electric turbines or water pumping apparatus, may have stairs and elevated walkways used for overseeing or monitoring purposes which are physically part of the turbine or pump. However, passenger elevators used for vertical transportation between stories are not considered "work area equipment" as defined in Section 106.5.

See 403.5 Clearances. Walking surfaces shall provide clearances complying with 403.5.

EXCEPTION: Within employee work areas, clearances on common use circulation paths shall be permitted to be decreased by work area equipment provided that the decrease is essential to the function of the work being performed.

See 403.5.1 Clear Width. Except as provided in 403.5.2 and 403.5.3, the clear width of walking surfaces shall be 36 inches (915 mm) minimum

See 804.2.1 Pass Through Kitchen. In pass through kitchens where counters, appliances or cabinets are on two opposing sides, or where counters, appliances or cabinets are opposite a parallel wall, clearance between all opposing base cabinets, counter tops, appliances, or walls within kitchen work areas shall be 40 inches (1015 mm) minimum. Pass through kitchens shall have two entries.

See 804.2.2 U-Shaped. In U-shaped kitchens enclosed on three contiguous sides, clearance between all opposing base cabinets, counter tops, appliances, or walls within kitchen work areas shall be 60 inches (1525 mm) minimum.

Illinois Accessibility Code Relevant Provisions:

See IAC 400.330(3) “Employee Work Areas: Areas that are used only by employees as work areas shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the areas. Areas used only as work areas are not required to be constructed to permit maneuvering within the work area or to be constructed or equipped (i.e., with racks or shelves) to be accessible. (ADAAG 4.1.1(3))”

Under both the IAC and the 2010 Standards, the minimum clear passage width for a single wheelchair shall be 36 inches (915 mm) minimum along an accessible route, but may be reduced to 32 inches (815 mm) minimum at a point for a maximum depth of 24 inches (610 mm), such as at a doorway. This means, essentially, that a wheelchair can enter the door to the work area and have a thirty (30) inch by forty-eight (48) inch space just inside the door opening. There is no requirement for turn-around space, specific door hardware or latch side clearance on the work area side, etc. A person in a wheelchair without further access would have to back out.
See IAC Section 400.220: “The minimum clear width for single wheelchair passage shall be 32 in. (815 mm) at a point and 36 in. (915 mm) continuously (see Illustration B, Fig. 1 and 24(e)). (ADAAG 4.2.1)”

Question: I understand the accessibility requirements under the 2010 ADA Standards, but what constructions or alterations do the 2010 Standards apply to?

Answer: The 2010 Standards will apply to a new construction or alteration of a public facility if one of the following dates is on or after March 15, 2012:

  • the date the last application for a building permit is certified to be complete by a government agency;
  • the date the last application for a building permit or permit extension is received by a government agency, where the government does not certify the completion of applications, or ;
  • the start of physical construction or alteration, if no permit is required,
    In addition, from the period between September 15, 2010 and March 15, 2010, places of public accommodation could choose to apply either the 2010 Standards or the 1991 Standards (ADAAG). See 28 C.F.R. § 36.406(a)

Question: Does an organization violate the ADA if it refuses to provide a sign language interpreter for its conference? What if the organization is a very small nonprofit – would it be an undue burden?

Answer: Organizations that hold conferences are required to provide "effective communication" to participants who are deaf and hard of hearing. The National Association of the Deaf has published a very helpful document that explains this requirement. www.nad.org/issues/education/other-opportunities/access-to-events

As you referenced, there are some limitations to this requirement, for instance, when it would constitute an "undue burden." It is hard to know whether something would be an undue burden without knowing more about the size and budget of the organization. However, as you'll see from the factors below, the emphasis should be on the overall financial resources of the organization, as opposed to the cost of registration for the conference. The DOJ has identified the following factors that organizations and businesses should use to determine whether something is an "undue burden."

Title III Technical Assistance Manual: www.ada.gov/taman3.html What is an undue burden? "Undue burden" is defined as "significant difficulty or expense. " Among the factors to be considered in determining whether an action would result in an undue burden are the following:

  • The nature and cost of the action;
  • The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site;
  • The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
  • If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
  • If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

If it truly would be an "undue burden" to provide the specific requested auxiliary aid, the organization should still do its best to provide effective communication. The DOJ has a great document about accessible meetings, and says the following: "If providing a particular auxiliary aid or service at the meeting will result in an undue burden (i.e., will cause significant difficulty or expense) for the organizers, the organizers are not required to provide that exact service. However, they must try to find an alternative auxiliary aid or service that will not result in an undue burden but will ensure that participants with disabilities can participate fully in the session. Talk with the participant to find the best solution." www.ada.gov/business/accessiblemtg.htm#auxaidsservice.

Question: Where can I file a complaint against a business that is not accessible?

Answer: There are a number of agencies where you can file a complaint if a building is not accessible.

Question: Have the regulations changed in regard to public restroom size. I have heard that all new construction require them to be 8 ft/8 ft. Is this true and accurate info.

Answer: No, there is no requirement that all public restrooms be 8 feet by 8 feet.  The 2010 Standards have requirements for clear floor space and turning radius, but they don’t actually tell businesses how large the actual restroom needs to be.  You can review the toilet/restroom requirements here: www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

I encourage you to go to the following link: www.ada.gov/regs2010/2010ADAStandards/Guidance2010ADAstandards.htm , which is the Guidance to the 2010 ADA Standards.  If you search for “Comparison of Single-User Toilet Room Layouts” you will find various possible layouts for toilet rooms. 

You may also wish to contact the DOJ’s ADA Hotline (800-514-0301) or the Access Board’s technical assistance line (www.access-board.gov/contact.htm).

Question: Who is responsible for ensuring accessibility of a place of public accommodation? The landlord or tenant?

Answer: Under the ADA, both the landlord and tenant have obligations to make a facility ADA complaint.

Here is information from the Department of Justice on this question:

  • Do both a landlord who leases space in a building to a tenant and the tenant who operates a place of public accommodation have responsibilities under the ADA? Both the landlord and the tenant are public accommodations and have full responsibility for complying with all ADA title III requirements applicable to that place of public accommodation. The title III regulation permits the landlord and the tenant to allocate responsibility, in the lease, for complying with particular provisions of the regulation. However, any allocation made in a lease or other contract is only effective as between the parties, and both landlord and tenant remain fully liable for compliance with all provisions of the ADA relating to that place of public accommodation.
  • ILLUSTRATION: ABC Company leases space in a shopping center it owns to XYZ Boutique. In their lease, the parties have allocated to XYZ Boutique the responsibility for complying with the barrier removal requirements of title III within that store. In this situation, if XYZ Boutique fails to remove barriers, both ABC Company (the landlord) and XYZ Boutique (the tenant) would be liable for violating the ADA and could be sued by an XYZ customer. Of course, in the lease, ABC could require XYZ to indemnify it against all losses caused by XYZ's failure to comply with its obligations under the lease, but again, such matters would be between the parties and would not affect their liability under the ADA.
  • http://www.ada.gov/taman3.html

In addition, here is information from the ADA National Network:

  • If a business operates out of a space it leases, who is responsible for ADA compliance – the tenant or the landlord?
  • The ADA places the responsibility for compliance on both the landlord and the tenant. But the landlord and tenant might decide, through the terms of the lease, who will actually make the changes, remove the barriers, provide the aids and services, and pay for them. However, both the tenant and the landlord remain legally obligated.
  • https://adata.org/lawhandbook#Public Accommodations and the ADA

PARKING

Question: What are the parking requirements under the ADA?

Answer: I encourage you to review the following fact sheet compiled by the ADA National Network, which outlines the requirements for parking under the ADA: http://adata.org/sites/cms.adata.org/files/files/ADA-Ctr-FactSheet-Parking.pdf.

In addition, under Illinois law, the Illinois Environmental Barriers Act and the Illinois Administrative Code establish accessibility requirements and apply to any renovations and/or new construction.

Fact Sheet from the Illinois Attorney General’s Office summarizing parking standards: www.ag.state.il.us/rights/accessible_parking.html.

Question: What are the requirements for designated accessible parking spaces in the State of Illinois? Is the wheelchair accessible symbol that is usually on the ground a requirement?

Answer: Under Illinois law, the Illinois Environmental Barriers Act (EBA) and the Illinois Accessibility Code (IAC) establish accessibility requirements and cover renovations and new construction. Under Federal law, The Americans with Disabilities Act (ADA) covers existing facilities in addition to renovations and new construction. The ADA Standards for Accessible Design were most recently updated in 2010.

I am providing links to two resources from the Illinois Attorney General’s Office. The first is a pamphlet that summarizes the accessible parking standards. It was last updated February of 2012 and is available here: www.ag.state.il.us/rights/accessible_parking.html. The second is a Fact Sheet discussing the Illinois Environmental Barriers Act generally and can be found here: www.ag.state.il.us/rights/environmental_barriers.html.

Number of spaces

As you can see from the Attorney General’s pamphlet, the law requires specific accessibility signs and a set number of accessible parking spaces at any facility that provides parking for employees or visitors. The number of spaces required is the same under the ADA and IAC. To summarize the parking standards, accessible spaces generally must be available at a ratio of one accessible space per every 25 spaces for the first 100 spaces in the parking area. Therefore, for parking areas consisting of 100 spaces, 4 should be accessible. After that, one accessible space is required for each 50 spaces that are available up to 500 spaces. If a parking area has more than 500 spaces, 2% of the additional spaces over 500 should be accessible. Please note that there are different requirements for certain types of facilities, such as medical facilities, so please confirm with the 2010 Standards and the Illinois Accessibility Code.

Signage

Regarding parking signage, accessible parking spaces shall be designated as reserved for environmentally limited persons by two signs: The R7-8 (U.S. Department of Transportation standard) sign which contains the international symbol of accessibility, as well as an R7-I101 sign designating a minimum $250 fine. Municipalities may impose a higher fine – up to $350 – by local ordinance. Signs shall be vertically mounted on a post or wall at front center of the 16-foot wide parking space, no more than 5 feet horizontally from the front of the parking space and set a minimum of 5 feet from the pavement to the bottom of the sign. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.

Dimensions

Please be aware that the dimensions for parking spaces are different under the federal and state standards. Under Section 400.310(c)(3)-(5) of the Illinois Accessibility Code, each accessible space must be 16 feet wide and include either an 8-foot or 5-foot wide access aisle, denoted by diagonal stripes in high-quality yellow paint. The access aisle may be located on either side of the vehicle portion of the space, but cannot be shared by adjacent accessible parking spaces. In other words, each vehicle portion of the space must have its own access aisle. Accessible spaces must be placed on the shortest accessible route to the accessible entrance of a facility. If a curb ramp is utilized, it may not protrude into the accessible aisle.

For more information, please see:

Question: Can I park anywhere I want with disabled plates?

Answer: I’m not certain I completely understand your question, so please let me know if the following response does not answer your question.

A disabled plate and/or tag does not allow you to park in tow zone, no-parking zone, access aisle, or similar restricted parking areas. A disabled plate and/or tag allows you to park in a parking space reserved for people with disabilities, or of course, any other non-reserved parking space. A disabled plate and/or tag does not necessarily mean you can park there for free, however. More information about accessible parking can be found here: www.cyberdriveillinois.com/publications/pdf_publications/vsd687.pdf.

In Illinois, all individuals with disabled plates/tags used to qualify for meter-exempt parking (except at meters, signs or other markings with time limitations of 30 minutes or less). However, a law (HB 5624) was recently passed which creates a new two-tiered parking program for persons with disabilities allowing for only persons with certain types of disabilities to qualify for meter-exempt parking in cities and municipalities. Only individuals with the following types of disabilities will qualify for meter exempt parking:

  • Patient cannot manage, manipulate or insert coins, or obtain tickets or tokens in parking meters or ticket machines in parking lots due to the lack of fine motor control of BOTH hands.
  • Patient cannot reach above his/her head to a height of 42 inches from the ground due to a lack of finger, hand or upper-extremity strength or mobility.
  • Patient cannot approach a parking meter due to his/her use of a wheelchair or other device for mobility.
  • Patient cannot walk more than 20 feet due to an orthopedic, neurological, cardiovascular or lung condition in which the degree of debilitation is so severe that is almost completely impedes the ability to walk.

Please note that individuals with disabilities will only qualify for meter-exempt parking once they receive a new placard, which is described here.

Beginning in April 2013, the Illinois Secretary of State will start the recertification process for all current applicants by mailing information to them along with a new certification form. In addition to the current blue (permanent) and red (temporary) disabled parking placards currently used in Illinois, a third placard, distinctive from the blue and red placards, will be introduced for those persons qualifying for meter-exempt parking. The recertification form will have a new section for the physician to execute indicating whether the applicant has a disability that would qualify them for meter exempt parking. Applicants will need to visit their family physician and have the recertification form executed. Upon receipt of the executed form, the Secretary of State's Office will issue a new disabled parking placard to the applicant. If the person has a permanent disability that qualifies for meter-exempt parking, they will be issued the new color placard. If the person has a permanent disability that does not qualify for meter-exempt parking, they will be issued a new blue disabled parking placard. The placards will be valid through 2018, and expire on the applicant's birthday. Qualification for the red (temporary disability) placard and the green (organizational) placards will remain the same; however, they will not qualify for "meter-exempt parking.” Persons with any type of disabled parking placard will still be allowed to park in designated disabled parking spaces at malls as well as grocery and retail stores were no parking meters are present.

If you have questions, you can contact the Secretary of State's Disabled Placard/Plate Division at 217-782-2434, 217-782-2887, 217-782-2709.

Question: I requested a disability parking sign for the street in front of my home and was told by the Village of Oak Lawn, Illinois where I live, that this is not an option. I am confused since I see these types of parking signs in Chicago and surrounding suburbs.

Answer: With the exception of multi-story housing units, disabled parking requirements for most private places of residence in Illinois are regulated by local ordinance. For example, as you observed, the city of Chicago offers residential disabled parking permits to qualified disabled City residents for convenient and accessible parking in front of their residences. Other suburbs, such as the city of Peoria, also appear to allow for the establishment of on-street accessible parking spaces, at residential properties, to provide accessibility to residences where parking congestion may occur. Unfortunately, the Village of Oak Lawn does not appear to provide this benefit to its residents. See Village of Oak Law Ordinance, 11-5-13: Handicapped Persons, Parking, www.sterlingcodifiers.com/codebook/getBookData.php?section_id=670045&keywords=disabled.

Question: There is an individual who lives in an apartment building built before 1990 that has no accessible parking spaces. He would like for the village where he lives to designate a spot for him to park at on the street (city controlled and owned). Is the village obligated to do this?

Answer: Unfortunately, neither Illinois law nor the Americans with Disabilities Act (“ADA”) would require a city or village to designate an accessible city street parking to residents of an apartment complex. However, some city and village ordinances provide the opportunity for individuals to apply for residential disabled parking signs on city streets. For example, the City of Chicago grants residential disabled parking permits to qualified disabled City residents for accessible parking in front of their residences. See www.cityofchicago.org/city/en/depts/fin/supp_info/revenue/parking_forms/residential_disabledparkingsigns.html. We recommend that you contact your village directly to inquire whether it offers this, or similar, accessible parking opportunities.

While village street parking may not be an option, the individual to whom you refer may be entitled to reserved, accessible parking at his or her apartment building if parking for other tenants, employees, and/or visitors is provided.

  • First, under the Illinois Accessibility Code, the disabled individual may be entitled to an accessible parking space: (1) if the apartment complex offers parking for employees and/or visitors, (2) if the complex renovates or otherwise alters its parking lot, and (3) if the complex qualifies as a multi-story housing unit (“any building of four or more stories containing ten or more dwelling units”). Specifically, the Code states that “accessible parking spaces” must be provided “where parking is provided” at all public facilities and multi-story housing units during new construction or alterations to existing facilities. See Illinois Environmental Barriers Act, 410 ILCS 25; Illinois Accessibility Code, 71 Ill. Adm. Code 400.310.
  • Second, under Title III of the ADA, the disabled individual may be entitled to an accessible parking space if (1) the complex renovates or otherwise alters its parking lot, (2) if such reserved parking is “readily achievable,” meaning easily accomplished without much difficulty or expense, and (3) if the residential facility in question is considered a “place of public accommodation.” Residential facilities qualify as places of public accommodation only where the use of the building is not limited exclusively to owners, residents, and their guests (e.g., residential buildings that include leasing offices or attached commercial facilities). See www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada-standards. 208.2.3 Residential Facilities.

    Third and perhaps most immediately helpful to the individual to whom you refer, an apartment complex that offers parking to its tenants may be obligated to provide a disabled tenant with a reserved, accessible parking space as a “reasonable accommodation.” Under the Fair Housing Amendments Act, a housing provider must afford disabled individuals the equal opportunity to use and enjoy their dwelling units, unless such an accommodation would impose an undue financial or administrative burden on the housing provider. Please note that there are fairly limited exemptions for owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, housing operated by organizations and private clubs that limit occupancy to members, and for changes that would fundamentally alter the program or create an undue financial and administrative burden. For information on the procedures for requesting a reasonable accommodation, See www.hud.gov/offices/adm/hudclips/handbooks/sech/78551/index.cfm. To file a complaint or for information on how the U.S. Department of Housing and Urban Development processes housing discrimination complaints, See www.hud.gov/offices/fheo/disabilities/inhousing.cfm.

Question: If an employer already has the required number of accessible parking spaces for a facility, is it a reasonable accommodation for an individual to request that a particular designated parking space be reserved for that individual’s use only?

Answer: Accessible, reserved parking may be a form of reasonable accommodation for a disabled employee under Title I of the Americans with Disabilities Act (“ADA”), particularly if an employer provides parking spaces to all personnel. However, any space reserved for an individual with a disability as an accommodation under Title I would be separate from, and in addition to, the employer’s accessible parking obligations under Title III of the Act.

Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation (e.g., retail stores, office buildings). Under Title III, places of public accommodation must remove architectural barriers where it is “readily achievable,” meaning easily accomplished without much difficulty or expense. The ADA Standards for Accessible Design, which are part of the ADA Title III regulations, set the guidelines for accessibility to places of public accommodation by individuals with disabilities. These guidelines (like the Illinois Accessibility Code) require a minimum number of accessible parking spaces per total off street parking spaces provided when parking is provided for employees and/or visitors. I am providing a link to a Fact Sheet from the Illinois Attorney General’s office that summarizes the parking standards. See www.ag.state.il.us/rights/accessible_parking.html.

In contrast, Title I of the ADA prohibits discrimination against “qualified individuals with disabilities” in employment by businesses having 15 or more employees, or by State and local governments, in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment (arguably, such as access to the workplace from the parking lot). Specifically, under Title I, a person is considered disabled and, therefore, covered under the Act if they have a physical or mental impairment that substantially limits one or more “major life activities” (e.g., seeing, walking, learning, etc.), has a record of such an impairment, or is regarded as having such an impairment. A qualified individual with a disability is an applicant or employee who, with or without “reasonable accommodation,” can perform the essential functions of the job in question. The term reasonable accommodation includes making existing facilities used by employees readily accessible to and usable by individuals with disabilities unless to do so would cause an undue hardship on the operation of an employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

Unfortunately, the ADA does not clearly address whether an accessible, reserved parking spot would be considered a form of reasonable accommodation for a disabled employee. However, regulations promulgated by the Equal Employment Opportunity Commission (“EEOC”) suggest that employers may be obligated to accommodate disabled employees in this manner if they provide parking spaces to all personnel. Under the EEOC guidance, employers are required to provide “modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position”; and . . . . “that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.” See 29 C.F.R. §§ 1630.2(o)(ii) and (iii). See also www.eeoc.gov/facts/accommodations-attorneys.html (EEOC Hypothetical Example 21 -- assigned parking necessary as accommodation when unassigned parking offered as benefit of employment). Of course, employers could also consider other forms of accommodation as well, such as valet parking, a closer workstation, or working from home.

Please note that the ADA may be open to differing interpretations on the extent of an employer’s obligation to provide accessible parking to an employee who is not otherwise entitled to a parking space.

Question: What is the fine for parking in a disabled space & must the fine amount be posted?

Answer: Thank you for your question. The relevant portion of the Illinois Vehicle Code, 625 ILCS 5/11-1301.3(c), establishes the maximum and minimum fines for improperly parking in an accessible space. Over the past 8 years, amendments to the Illinois Vehicle Code have strengthened the penalties and fines to be imposed for violating the provisions of the Code which relate to the improper use of disability license plates, parking decals or devices and/or the privileges associated with those plates, decals and devices.
As of June 17, 2013, a person who parks a vehicle in a space (or in a designated access aisle adjacent to a parking space) specifically reserved for persons with disabilities, as evidenced by an official sign, without displaying the registration plates or decals issued to qualified persons with disabilities is subject to a fine of $250. A municipality can pass an ordinance to impose a fine of up to $350 for such a violation.

It is no defense to such a violation that an intended accessible parking place does not comply with the technical requirements of the Code, Department of Transportation regulations, or a local ordinance, if a reasonable person would be made aware, by a sign or notice on or near the parking place, that it is reserved for persons with disabilities.

The Illinois Vehicle Code, Sec. 11-1301.3(a-1), also provides that an individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability or to a disabled veteran is in violation of the Code: 1) if the person using the disability license plate, parking decal or device is not the authorized holder of the license plate, parking decal or device or is not transporting the authorized holder of the license plate, parking decal or device to or from the parking location; and 2) the person uses the disability license plate, parking decal or device to exercise any privileges granted through the license plate, parking decal or device under the Code. A person found guilty of violating these provisions for the first time must be fined $600 and may have his or her driving privileges suspended or revoked by the Secretary of State. (Sec. 11-1301.3(c-1)) Any person found violating these provisions a second time will be fined $1000.

Under the Illinois Vehicle Code, the penalties for improperly using a disability license plate, parking decal or device are even harsher if the person with the disability to whom the plate, decal, or device was originally issued is deceased. Under Sec. 11-1301.3(a-2), a driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability or to a disabled veteran is in violation of the law if (i) the person to whom the disability license plate or parking decal or device was issued is deceased and (ii) the driver uses the disability license plate or parking decal or device to exercise any privileges granted through a disability license plate or parking decal or device under this Code. A person found guilty of violating this provision is guilty of a Class A misdemeanor and shall be fined $2,500.

Furthermore, use of a fictitious or unlawfully altered disability license plates, parking decals, or devices is a violation of 625 ILCS 5/11-1301.5. Any person who knowingly commits and is convicted of a violation of any one of the following acts shall be found guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense:

  • to knowingly possess any fictitious or unlawfully altered disability license plate or parking decal or device;
  • to knowingly issue or assist in the issuance of, by the Secretary of State or unit of local government, any fictitious disability license plate or parking decal or device;
  • to knowingly alter any disability license plate or parking decal or device;
  • to knowingly manufacture, possess, transfer, or provide any documentation used in the application process whether real or fictitious, for the purpose of obtaining a fictitious disability license plate or parking decal or device;
  • to knowingly provide any false information to the Secretary of State or a unit of local government in order to obtain a disability license plate or parking decal or device;
  • to knowingly transfer a disability license plate or parking decal or device for the purpose of exercising the privileges granted to an authorized holder of a disability license plate or parking decal or device under this Code in the absence of the authorized holder; or
  • for a physician, physician assistant, or advanced practice nurse to knowingly falsify a certification that a person is a person with disabilities as defined by Section 1-159.1 of this Code.

Similarly, any person who knowingly commits and is convicted of any of the following offenses shall be guilty of a Class A misdemeanor and fined not less than $1,000 for a first offense and shall be guilty of a Class 4 felony and fined not less than $2,000 for a second or subsequent offense:

  • Possesses any fraudulent disability license plate or parking decal;
  • Possesses without authority any disability license plate or parking decal or device-making implement;
  • Duplicates, manufactures, sells, or transfers any fraudulent or stolen disability license plate or parking decal or device;
  • Assists in the duplication, manufacturing, selling, or transferring of any disability license plate or parking decal or device; or
  • Advertises or distributes a fraudulent disability license plate or parking decal or device.

With the exception of the fines for unauthorized parking in a space reserved for a person with disabilities, one half of all fines imposed for violating any of the above offenses must be distributed by the Circuit Clerk to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the fine will be divided equally between them.

Last Updated: June 17, 2013
Relevant Statutes: 625 ILCS 5/2-111, 5/3-616, 5/3-704, 5/3-808.1, 5/11-1301.3, 5/11-1301.5, 5/11-1301.6, 5/12-401.

Question: In Illinois if there is no handicap spots available can you park on the slanted lines between spots if you have enough room for others to enter and exit their vehicle?”

Answer: The slanted lines between spots are called an access aisle. In Illinois, it is illegal to park in an access aisle, even if you have an accessible placard/license plate. The reason for this is that people who use wheelchairs or other mobility devices rely on the access aisles to get into and out of their cars.

Here is some additional information from the Secretary of State: www.cyberdriveillinois.com/publications/pdf_publications/vsd687.pdf Page two addresses your question about parking in an access aisle.

SERVICE ANIMALS

Question: I have a seizure disorder and am about to move to Chicago from out of state. How do I go about registering my seizure alert dog with the Illinois or Chicago government?

Answer: You asked a very good question, but you actually do not need to register your seizure alert dog with the Illinois or Chicago government to have protections under the federal and state disability laws. There are a handful of laws that apply to you.

Under the Americans with Disabilities Act (ADA), a federal civil law, there are no certification/registration requirements for your service animal. All you need is a dog that has been individually trained to do work or perform tasks directly related to your disability. The ADA is a civil law. Businesses cannot require you to provide licensure or certification that your dog is a service animal. Here is some additional information about the ADA and service animals:

Illinois also has two criminal state laws called the White Cane Law (775 ILCS 30) and the Service Animal Access Act (720 ILCS 5/48-8), neither of which require you to provide licensure or certification that your dog is a service animal.

Once you’re in Chicago, if you have trouble because of your service animal, there are a few places you can contact.

Good luck with the move – and welcome to Chicago!

Question: If a private apartment building has a general no dog policy, yet makes exceptions for guide dogs, companions, etc., can they require proof of need, a lease addendum and additional deposits?

Answer: In most cases, people with disabilities living in private rental apartments are protected by the Fair Housing Amendments Act (FHAA). A private apartment building may request evidence that a person has a disability, as it is defined in the law, and that the person needs the service animal because of the disability. The private apartment building may not, however, require a lease addendum and additional deposits.

You may wish to review a notice issued by HUD entitled: “Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs.” The HUD notice is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf

Another helpful guide, “Service Animals In Housing,” is available at www.petpartners.org/page.aspx?pid=489.

ILLINOIS ACCESSIBILITY CODE

Question: In new church construction, does Illinois law require an elevator be installed for access to a second story balcony? From everything I can read on this site, this is one of the exemptions from the elevator requirement. If it is one of the exemptions, is it true that an elevator would be required by law only if a balcony was more than 1,000 square feet, or would it only be required if the balcony held more than 33% of the total building seating space?

Answer: Your question implicates the Illinois Environmental Barriers Act / Illinois Accessibility Code. Accordingly, I encourage you to reach out to Doug Gamble at the Capital Development Board. He can give you a written or verbal interpretation of the Code. Interpretation procedures (and his contact information) are below:

Interpretation Procedures

The Capital Development Board was not granted waiver authority, nor was any other entity, by the Environmental Barriers Act. All aspects contained in the Illinois Accessibility Code must be met.

Written and verbal interpretations of this code are available upon request. Due to the high volume of requests for interpretations received by the accessibility staff at the Capital Development Board, the following procedures have been outlined to facilitate your interpretation.

To receive a written interpretation of the Illinois Accessibility Code you may email, mail or fax your accessibility questions with an 8 ½ “ x 11” plan (if appropriate) and the name and address of the building to which you are requesting interpretation. To further expedite your request, include a draft response letter for Mr. Gamble’s signature. Use the following contact information to send in your question.

Douglas Gamble
Capital Development Board
3rd Floor, William G. Stratton Building
401 South Spring Street
Springfield, Illinois 62706
Phone Number: (217) 782-8530
Fax Number: (217) 524-4208
Email Address: doug.gamble@illinois.gov
http://www2.illinois.gov/cdb/business/codes/Pages/IllinoisAccessibilityCode.aspx