May 2025
Volume 18 Issue 7
Outdoor Dining, Retail, and Community Spaces (Recording Available)
New Ideas in the International Building Code (IBC) and the ICC A117.1
The NPS.gov Media Player: An Accessible Option for All Government
May is National Mobility Awareness Month, which impacts 12.2% of U.S. adults. In 2022, mobility disability was the most common disability, reported by approximately 1 in 7 adults.
A mobility disability is a physical impairment that affects a person's ability to move independently, which can include difficulties with walking, climbing stairs, or performing fine motor tasks. Mobility disabilities may include arthritis, spinal cord injury, cerebral palsy, amputation, muscular dystrophy, multiple sclerosis, and vary widely in their causes and effects.
More than 6.8 million Americans use mobility devices such as canes, walkers, rollators, crutches, braces, manual and power wheelchairs, scooters, etc.
Under the ADA, people with disabilities are allowed to use their wheelchair or other mobility aids in businesses, non-profits, state and local government facilities, and other covered locations. Additionally, a person with a disability may be allowed to use an other power-driven mobility device (OPDMD), such as an ebike or golf cart, if the facility can accommodate their device.
Learn more about the ADA requirements for Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices.
New Caption Accessibility System Redefines How Deaf Audiences Experience Movies
FCB Chicago, Chicago Hearing Society (CHS) and LA-based Rakish Entertainment have launched “Caption with Intention,” a caption style-guide system aimed at transforming how Deaf and Hard of Hearing audiences experience film and television. The system’s goal is to capture emotion, tone, pacing, and speaker identity through animation, color, and expressive typography.
New Accessible Video Games Initiative
The Entertainment Software Association introduces the Accessible Games Initiative to provide players with clear information about the accessibility features in video games. The initiative is launching with a set of 24 "tags," that players can use to identify the features available to improve their gameplay experience.
A New Way to Make Graphs More Accessible for People with Vision Disabilities
The Tactile Vega-Lite system, developed at MIT CSAIL, can take data from something like an Excel spreadsheet and turn it into both a standard visual chart and a touch-based Braille chart. Design standards are hardwired as default rules within the program, helping educators and designers automatically create files which can be sent to a Braille embosser that prints out the text as readable dots.
Executive Order Safeguards Rights and Data Privacy of Autistic Illinoisans
Governor JB Pritzker recently signed Executive Order 2025-02 restricting state agencies from collecting and sharing autism-related data. The order came after Health and Human Services Secretary Robert F. Kennedy Jr. announced a plan to use Medicare and Medicaid data to help study autism. Pritzker's order aims to protect individuals from unauthorized data collection and ensure that autism-related information is handled only when necessary and with informed consent.
Department of Education Closes Its Chicago Civil Rights Office
The U.S. Department of Education closed its Chicago Civil Rights Office earlier this spring which investigated potential civil rights violations in schools across Illinois, as well other states in the Midwest. There are reportedly 330 active investigations in Illinois, ranging from disability to racial discrimination cases as well as Title IX issues. The federal website documenting cases shows active investigations going back as far as 2016. Right now, the Education Department says only the disability-related cases are proceeding.
Indiana Lacks Mental Health Oversight Office Despite State Law Requirements
Indiana is currently without a Mental Health Ombudsman— an office that investigates and resolves complaints involving mental health treatment. By law, the state is supposed to contract with a nonprofit corporation “to advocate on behalf of mental health patients.” FSSA’s Division of Mental Health and Addiction previously contracted with Mental Health America of Indiana. However, that contract ended June 30, 2022. In an emailed statement, FSSA’s Deputy Chief of Staff Marcus Barlow said the agency is working on reestablishing the ombudsman office.
Collaborations Aid Mental Health Efforts in Rural Communities
Associate Professor John Keesler discusses a project to better understand local perspectives about mental health and substance use. The project not only secured funding but also gained visibility through the Lieutenant Governor’s Indiana Mental Health Roundtable. Over 20% of Indiana adults experience mental illness each year. To address these issues, the Indiana Behavioral Health Commission has made multiple recommendations, including public education, workforce investment and cross-sector collaboration.
Children’s Mental Health Lawsuit
Under the Medicaid Act, Michigan has to make sure that Medicaid beneficiaries under the age of 21 have access to community-based services like community living supports, intensive home-based services, rehabilitation services, behavioral health services/therapy, and mental health services. This lawsuit claims that in Michigan, there are tens of thousands of children who are eligible for these services, but either are not receiving them or are at risk of not receiving them. The goal of the suit is to make sure that these children get those services. A final settlement has been reached and is pending court approval.
At a recent State Board of Education meeting, officials from the Michigan Department of Education and Project SEARCH, a special education transition program that focuses on employment outcomes, outlined services provided to students that help them move from high school to adulthood. Nearly 75% of surveyed Michigan students who exited high school after receiving special education services and having an individualized education program (IEP) were enrolled in higher education, competitively employed, or in a postsecondary education or training program last year.
Minnesota Increases Oversight of Autism and Some Housing Services Providers
Starting June 1, the Minnesota Department of Human Services will tighten screening requirements for providers who bill Medicaid for autism services and some housing services. The change will strengthen oversight by mandating enhanced fingerprint background studies for owners, requiring screening visits before Medicaid enrollment and when enrollment is revalidated, and allowing DHS to make unannounced site visits.
Bill Cuts $300 Million From the Disability Services Agency
The Minnesota House passed a bill in May with significant cuts to the Department of Human Services (DHS) through 2027. DHS programs account for nearly one-third of state spending and are expected to get more expensive in the coming years due to the aging population and increasing healthcare costs.
Playground Designed for Children with Disabilities
Located at the Blendon Woods Metro Park, this specially designed playground is tailored to meet the needs of children with disabilities. The playground features wheelchair ramps, sensory areas, musical instruments, and communication boards.
LCCC Offers Ohio’s Only Autism Awareness Training for Law Enforcement
Lorain County Community College (LCCC) is home to the only law enforcement autism training course of its kind in Ohio. The course “Interacting with Special Needs Populations: Adult Autism Spectrum Disorder” provides officers with the tools and insight to recognize and appropriately respond to the unique behavioral characteristics of adults with Autism Spectrum Disorder and other neurodivergent conditions.
Give Your Thoughts: New Action Plan on Mental Health
The Governor’s Interagency Council on Mental Health is making a new statewide action plan to improve the mental health of Wisconsin residents. The council wants to hear from Wisconsinites on ways they can address the mental health crises in the state. They hope to use what they learn from the public to expand prevention efforts and access to mental health services. The survey is open until June 30, 2025.
Wisconsin Still Denies Unemployment Claims for People on Disability
Since 2013, a Wisconsin law has blocked workers who lose their job from collecting unemployment insurance if they also receive Social Security disability benefits. A federal judge ruled in July 2024 that the exclusion violates federal law. Nine months later, however, the Wisconsin Department of Workforce Development (DWD) continues to reject unemployment claims from laid-off workers who are also on disability benefits.
New Certification Courses from the Rocky Mountain and New England ADA Centers
Two of our sister Centers recently released new resources! Rocky Mountain ADA Center has released a certification course on ADA Accessibility in the Arts. New England ADA Center has also released a certification course about How the ADA Applies to Addiction and Recovery.
How Adaptive Cinema Can Lead to Higher Ticket Sales
This recently published survey of disabled movie-goers showcases how increased accessibility can lead to higher ticket sales for exhibitors. Learn about the key findings and how entities can address barriers.
The Hearing Loss Association of America (HLAA) has provided a toolkit about hearing loss signs, symptoms and communication tips. These practical strategies can assist people with hearing loss in advocating for their right to effective communication.
Answer: Yes, an assistive listening system (ALS) is required in each assembly area where audible communication is integral to the use of the space (Section 219 of the 2010 ADA Standards).
Section 106.5 Defined Terms:
Each ALS has different advantages and disadvantages that can help determine which system is best for a given application. For example, an FM system may be better than an infrared system in some open-air assemblies since infrared signals are less effective in sunlight. On the other hand, an infrared system is typically a better choice than an FM system where confidential transmission is important because it will be contained within a given space.
The technical standards for assistive listening systems describe minimum performance levels for volume, interference, and distortion. Selecting or specifying an effective assistive listening system for a large or complex venue requires assistance from a professional sound engineer.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
EEOC v. Results Companies, LLC
Results Companies agreed to pay $250,000. According to the suit, the employer hired an employee who is blind as a telephonic customer service representative to work from its call center. The employee requested to use screen reader software as a reasonable accommodation so that she could review written material on her computer screen. The company did not take reasonable steps to facilitate the employee’s use of screen reader software, refused the employee’s suggestion that the company contact her vocational counselor and the publisher of her screen reader software to request technical assistance, and then fired her because she required the reasonable accommodation.
EEOC v. Alliance Ground International, Inc. (AGI)
AGI will pay $70,000 and provide additional relief to settle a disability discrimination lawsuit. According to the lawsuit, AGI refused to hire a qualified deaf applicant because of his disability and failed to consider any reasonable workplace accommodations. The applicant, who sought a mail agent position at AGI’s O’Hare-area warehouse, had extensive relevant work experience and an excellent work safety record.
EEOC v. Mail Hauler Trucking, LLC. (Mail Hauler)
Mail Hauler, which delivers mail for the United States Postal Service, will pay $45,000 and provide other relief to settle a disability discrimination lawsuit. The suit charged that Mail Hauler fired an employee because of his disability and/or because the company regarded him as disabled. The employee has a physical impairment that causes weakness, muscle spasms, and stiffness in his legs, and he walks on his toes. He worked as a driver delivering mail between various post offices. The employee was never disciplined for performance during his employment. However, the company fired him despite his ability to perform the essential functions of the job.
EEOC v. Bennett Enterprises Inc. (Ralphie’s Sports Eatery)
Ralphie’s Sports Eatery will pay $125,000 and provide other relief to settle a lawsuit. According to the lawsuit, a woman with a diagnosis of depression and anxiety worked as a server at one of the Ralphie’s Sports Eatery locations. After the restaurant learned of the server’s disability, she was denied a promotion, suspended, and then fired. The server filed a discrimination charge with the EEOC. Thereafter, the employer refused to hire her at a different Ralphie’s location, telling her that it could not offer her the position because she has an active EEOC claim.
Nawara v. Cook County and Thomas J. Dart
A former correctional officer was required to undergo a fitness-for-duty examination. As part of that process, he was required to sign medical release forms. The employee sued, alleging that the examination requirement and inquiries into his mental health violated the ADA. A jury agreed, and a court awarded him restored seniority. On appeal, the court awarded him back pay, stating the ADA’s limits on medical exams and inquiries apply to all individuals, not just those with a disability, with a record of a disability, or regarded as having a disability.
A partial consent decree requires Baltimore to spend at least $44 million over four years to make thousands of curb ramps and tens of thousands of square feet of sidewalks accessible to people who use wheelchairs and mobility devices. The March 31 agreement also requires Baltimore to implement new programs to make its public rights of way comply with the ADA, including a plan to alleviate sidewalk obstructions and improvements to the city’s 311 system allowing reports about inaccessible intersections and sidewalks.
Equip for Equality v. Illinois Department of Corrections (IDOC)
Equip for Equality accuses IDOC of violating federal disability rights laws by leaving 21 individuals with disabilities stranded in substandard conditions at Stateville Correctional Center after its closure. The lawsuit details how IDOC closed Stateville due to unsafe living conditions, but left behind a group of prisoners with disabilities in the prison's infirmary. This facility lacks basic amenities such as recreation areas, dining halls, and law libraries. As a result, these individuals are confined to their cells for up to 24 hours a day without access to necessary programs and services. Equip for Equality argues that this treatment violates the ADA and Section 504 of the Rehabilitation Act.
Omar v. Wayne State University Board of Governors
Omar v. Wayne State University Board of Governors, decided by the United States District Court for the Eastern District of Michigan on April 4, 2025, is a case with a lot to unpack, which attorney William Goren does in his blog. Among the issues discussed in this blog is whether attending law school remotely is a reasonable accommodation and what kind of deference is owed to educational institutions by the courts.
Albert v. Association of Certified Anti-Money Laundering Specialists, LLC
A published decision from the 11th Circuit regarding this case was decided on March 14, 2025, regarding the issue of whether fundamental alteration applies to §309. §309 of the ADA states that “any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.” This blog post by attorney William Goren reviews relevant law and key facts, the court’s reasoning that §309 contains a fundamental alteration element, and thoughts/takeaways.
