This is the tenth edition of this newsletter. DRBA members are encouraged to share cases or policy information for inclusion in future newsletters. Suggested articles for the next quarterly newsletter are due by February 1st 2025, to Heather Ansley, DRBA Policy Committee Chair, HeatherA@PVA.org.
Download DRBA December 2024 Newsletter

Special thanks to DRBA members, Danica Gonzalves, Senior Advocacy Attorney, and Anthonya James, Advocacy Attorney, with Paralyzed Veterans of America, for compiling this newsletter.

Executive Branch Updates

Access Board Issues Final Rule on MDE Low-Transfer Height

On July 25, 2024, the U.S. Access Board issued a final rule on the low-transfer height for medical diagnostic equipment (MDE). MDE includes equipment like medical examination tables, weight scales, dental chairs, x-ray machines, mammography equipment, and other imaging equipment. The Access Board’s final rule requires exam tables and chairs to lower to a height of 17 inches so wheelchair users can independently transfer from their wheelchair to the exam table or chair. The final rule went into effect on September 23, 2024.

DOJ Publishes Title II ADA Final Rule on Accessible MDE

On July 26, 2024, the U.S. Department of Justice (DOJ) published a final rule on accessible medical diagnostic equipment (MDE) under Title II of the Americans with Disabilities Act. The requirements are based on the standards published by the U.S. Access Board in 2017. However, DOJ did not adopt the Access Board’s final rule on MDE low-transfer height. Instead, covered entities have the option of acquiring MDE with a low-transfer height between 17 inches and 19 inches. Under DOJ’s final rule, at least ten percent, but no fewer than one, of an entity’s MDE must be accessible for wheelchair users. The final rule went into effect on October 8, 2024.

Final Rules Issued Under MHPAEA Expand Access to Mental Health and Substance Use Benefits

On September 9, 2024, the U.S. Department of Labor published final rules under the Mental Health Parity and Addiction Equity Act (MHPAEA). The MHPAEA places restrictions on group health plans and health insurance issuers that provide mental health or substance use disorder (MH/SUD) benefits. The new final rules amend certain provisions and add new regulations to address barriers to access to MH/SUD benefits. Among other revisions, the rules explain how plans cannot impose burdensome requirements or treatment limitations. Additionally, public employee health plans must now comply with parity requirements, extending protections to more than 120,000 individuals.

Access Board Publishes NPRM on EV Charging Stations

The U.S. Access Board issued a notice of proposed rulemaking (NPRM) on accessible electric vehicle (EV) charging stations. In July 2022, the Access Board published guidance, “Design Recommendations for Accessible Electric Vehicle Charging Stations,” which included recommendations, but not specific enforceable requirements. The proposed requirements address scoping specifications for the chargers and stations; accessible routes; signage; accessible spaces; and communication elements and features. The comment period closed on November 4, 2024.

Access Board Resolves 85 of 265 ABA Complaints

The U.S. Access Board announced the resolution of 85 complaints after finding facilities did not meet the Architectural Barriers Act of 1968 (ABA) accessibility standards. From October 1, 2023, to September 30, 2024, the Access Board received 341 ABA complaints and closed 265 of them – 85 of the 265 closed complaints were resolved after the Access Board mandated federal agencies to remove accessibility barriers.

HUD Publishes Guidance on Mainstream Vouchers

On August 20, 2024, the U.S. Department of Housing and Urban Development published guidance introducing new statutory and regulatory waivers and alternative requirements for Mainstream Vouchers. Mainstream Vouchers provide rental assistance to non-elderly persons with disabilities who are transitioning out of institutional or other isolated settings, and are at serious risk of institutionalization, homelessness, or at risk of becoming homeless. The guidance intends to assist public housing agencies to be more efficient and effective in how they deliver and administer Mainstream Vouchers by providing programmatic flexibility.

CDC Releases Annual Update to the Disability and Health Data System

On July 16, 2024, the U.S. Centers for Disease Control and Prevention (CDC) announced its annual update to the Disability and Health Data System. Data from the CDC’s 2022 Behavioral Risk Factor Surveillance System revealed that over 70 million adults in the U.S. reported having a disability. This was the first time data was collected on Long COVID. The findings emphasize the importance of accessibility and disability inclusion.

EEOC Reports Benefits of Alternative Dispute Resolution

The U.S. Equal Employment Opportunity Commission (EEOC) published new a report, “Effectiveness of Alternative Dispute Resolution in the Federal Sector.” The report explores the impact federal Alternative Dispute Resolution (ADR) programs have on complaint activity and satisfaction and provides findings and recommendations to improve the programs. Among other recommendations, the EEOC recommends federal agencies provide annual training on the ADR process to increase awareness and understanding.

CDC Updates Website on Emergency Preparedness for People with Disabilities

The Centers for Disease Control and Prevention updated its website to include resources to promote emergency preparedness for people with disabilities. The website now includes videos, audio recordings, easy-read summaries, and infographics.

New ICT Testing Baseline for Electronic Documents Published for Section 508 Testing

On September 30, 2024, the ICT Testing Baseline Portfolio published new ICT Testing Baseline for Electronic Documents. This baseline establishes the minimum tests and evaluation guidance to determine if an electronic document meets Section 508 of the Rehabilitation Act of 1973 requirements. The Access Board encourages federal agencies to adopt this baseline when developing Section 508 conformance test processes for non-web electronic documents.

IDAC Releases Report Detailing Barriers Experienced By Indigenous People with Disabilities

The Inter-Tribal Disability Advocacy Council, founded in 2023, published a report detailing the experiences and pressing issues of Indigenous Natives with disabilities. The report provides information on existing programs that provide resources to the communities and identifies areas in critical need of additional support.

SSA Releases 2024 Action Plan Detailing Plans to Improve Operations

On August 14, 2024, the Social Security Administration (SSA) released its 2024 Action Plan with twenty-seven of the SSA’s top priorities for the remainder of the year. Priorities include: reducing the long wait times for disability cases and reducing the disability backlog by implementing the Past Relevant Work final rule. These priorities stem from over 5,000 recommendations made by employees and internal and external stakeholders.

Legislative Branch Updates

Senator Casey Introduces Bills to Expand Access to ABLE Accounts

On August 1, 2024, Senator Bob Casey (D-PA) introduced three bills that increase access to the Achieving a Better Life Experience (ABLE) program. The ABLE Act of 2014 (Pub. L. 113-295) created ABLE accounts, tax-free savings accounts for eligible individuals with disabilities to cover qualified disability-related expenses. The funds in ABLE accounts are disregarded when determining eligibility for public assistance programs. Senator Casey’s bills aim to increase awareness of, and allow employers to directly contribute to, ABLE accounts.

Senator Markey Announces Legislative Agenda to Support Family Caregivers

On July 18, 2024, Senator Edward Markey (D-MA) announced his Caring for Caregivers legislative agenda. The agenda includes seven bills aimed at prioritizing the physical and emotional health and financial security of caregivers.

Bicameral Bill Reintroduced to Modernize Voter Registration System

On September 24, 2024, U.S. House Representatives James E. Clyburn (D-SC-06) and Joe Morelle (D-NY-25) and Senator Kirsten Gillibrand (D-NY) announced the reintroduction of the Voter Empowerment Act of 2024 (S. 5151/H.R. 9727). The bill establishes minimum requirements to modernize the voter registration system and remove barriers to voting. The bill also establishes requirements for states to promote access to voter registration and voting for individuals with disabilities.

Introduced Bill Seeks to Address Intersections of Health Inequities

U.S. House Representative Barbara Lee (D-CA-12) and Senator Mazie K. Hirono (D-HI) introduced the Health Equity and Accountability Act (HEAA) (S. 4773/H.R. 9161). The bill outlines investments and policy changes to address the intersection of health inequities for people with disabilities and other protected classes to ensure access to high-quality and affordable healthcare.

Cases & Settlements

Supreme Court Grants Cert to Consider Whether a Former Employee Can Sue Under the ADA

The U.S. Supreme Court granted certiorari to hear Stanley v. City of Sanford Florida to consider whether a former employee maintain their right to sue under the Americans with Disabilities Act (ADA). The question before the Court is whether, under the ADA, a former employee loses their right to sue with respect to post-employment benefits solely because they no longer are employed. In Stanley, the U.S. Court of Appeals for the Eleventh Circuit ruled in favor of the city, holding that a former employee cannot sue under the ADA because the ADA prohibits discrimination only for individuals who hold, or desire to hold, a job. The oral arguments are scheduled for January 13, 2025.

DOT Levies $50 Million Fine Against American Airlines for ACAA Violations

On October 23, 2024, the U.S. Department of Transportation (DOT) levied a $50 million fine against American Airlines for systemic violations of the Air Carrier Access Act (ACAA). The ACAA prohibits discrimination against people with disabilities in commercial air travel. The fine was one of the largest ever levied against an airline for ACAA violations. DOT cited three formal complaints by Paralyzed Veterans of America as the primary reasons for the enforcement action against American Airlines. As a result of the settlement agreement, American will be forced to pay a penalty of $25 million to the U.S. Department of the Treasury. Separately, American must also invest in efforts to improve the safety and dignity of wheelchair users in air travel.

Courts Review the Definition of a Place of Public Accommodation

In July 2024, disability advocacy groups jointly filed an amicus brief in Guthrey v. Alta California Regional Center with the U.S. Court of Appeals for the Ninth Circuit. In 2020, the U.S. District Court for the Eastern District of California found the plaintiffs had not sufficiently proved that the defendants, social service establishments, were places of public accommodation subject to Title III of the Americans with Disabilities Act. In August 2024, the Ninth Circuit Court issued a decision finding the district court applied an overly narrow definition and remanded the case.

Judge Rules Lyft Does Not Need to Provide WAV Services Under the ADA

On September 30, 2024, the U.S. District Court of the Southern District of New York ruled that Lyft is not required to provide wheelchair accessible vehicles (WAVs) for mobility device users to comply with the Americans with Disabilities Act (ADA). In 2017, the plaintiffs sued Lyft under Title III of the ADA arguing Lyft discriminates against people with disabilities by failing to provide WAV services. In March 2023, the court granted class certification. After a bench trial, the judge ruled that the ADA does not require rideshare services to provide WAVs.

DOJ Sues LA Fitness For ADA Violations

On October 8, 2024, the U.S. Department of Justice (DOJ) sued LA Fitness for violations of Title III of the Americans with Disabilities Act (ADA). LA Fitness is the largest chain of owner-operated gyms and fitness clubs in the U.S., with nearly 700 locations. The lawsuit alleges LA Fitness discriminates against people with disabilities by failing to make its facilities accessible. Specifically, the lawsuit alleges that LA Fitness fails to maintain pool and spa lifts and elevators in working conditions; fails to remove physical barriers; fails to provide accessible facilities; fails to provide accessible showers and locker rooms; fails to provide physical access to fitness equipment; and charges patrons for caregivers to accompany them.

DOJ Finds Reasonable Cause that Kentucky’s Reliance on Institutionalizations Violates the ADA

On August 27, 2024, the U.S. Department of Justice (DOJ) announced, in a letter to the Governor of Kentucky, that DOJ has reasonable cause to believe the state is violating Title II of the Americans with Disabilities Act. After an investigation, DOJ reported its findings that there is reasonable cause to believe that Kentucky is violating Title II by failing to provide services to individuals with serious mental illness in the Louisville/Jefferson County Metro area in the most integrated setting appropriate to their needs.

Federal Court Strikes Down Restrictions on Absentee Voter Assistance in Ohio Law

On July 22, 2024, the United States District Court of the Northern District of Ohio ruled that changes to state law enacted by Ohio House Bill 458 violates Section 208 of the Voting Rights Act. The bill makes it a felony for anyone, other than a select members of a voter’s family, to assist a voter submit an absentee ballot. The plaintiffs argued that the bill blocked voters with disabilities from receiving assistance from personal caregivers, neighbors, grandchildren, and other trusted people in their lives. The order permanently enjoins the state from implementing and enforcing the bill against voters with disabilities to the extent it violates federal voting laws.

Louisiana Sued Over New Absentee Ballot Laws

On July 10, 2024, Disability Rights Louisiana filed a lawsuit alleging Louisiana’s new voting laws violate the Voting Rights Act of 1965 (VRA). The complaint claims that Act No. 380 and Act No. 317 violate the VRA by prohibiting anyone from assisting with the delivery of more than one absentee ballot. The complaint also alleges that Act No. 712 and Act No. 302 violate the VRA by prohibiting anyone from serving as a witness and assisting on more than one ballot. In the complaint, the plaintiff requests that the judge issue a statewide injunction to stop the implementation and enforcement of the law to protect the voting rights of people with disabilities.

DOJ and LA County Settle to Increase Accessibility for Voters

On August 1, 2024, the U.S. Department of Justice reached a settlement agreement with the County of Los Angeles, the largest election jurisdiction in the country. The settlement followed an investigation finding that individuals with disabilities were excluded from the county’s in-person voting program. Surveys of hundreds of California polling places, going back to June 2016, revealed an overwhelming amount of architectural barriers that prevented safe access for in-person voting. Under the settlement, the county agreed to work with an accessibility expert to ensure voting centers are accessible or can be made accessible, by implementing temporary remedial measures.

Texas County Agrees to Remedy Polling Places’ Accessibility Barriers

A 2023 survey by U.S. Department of Justice investigators revealed polling places in Hays County, Texas contained numerous architectural or equipment accessibility barriers. On September 23, 2024, the U.S. Attorney’s Office for the Western District of Texas announced a settlement agreement with the county resolving the findings of the investigation. In addition to other measures, the county must engage in remedial actions to ensure prospective and current polling places are accessible for voters with disabilities.

DOJ Announces Settlement with Chicago Cubs for Wrigley Field Accessibility

On October 31, 2024, the U.S. Department of Justice (DOJ) announced a settlement agreement and proposed consent decree with the Chicago Cubs. In 2022, DOJ filed a lawsuit alleging the Cubs failed to ensure Wrigley Field was appropriately accessible for individuals with disabilities, including wheelchair users, as required by the Americans with Disabilities Act. Under the consent decree, the Cubs have agreed to remove accessibility barriers and increase physical accessibility.

Community Bank Enters Settlement Agreement After Failing to Provide ASL Interpreters

Community Bank, N.A. (CBNA) reached a settlement agreement with the U.S. Attorney’s Office for the Western District of New York after allegations that the bank denied customers’ requests for American Sign Language (ASL) interpreters for banking services. Complainants allege that a request was made for an ASL interpreter to assist with closing transactions; however, CBNA refused to cover the cost. The settlement prohibits CBNA from denying appropriate auxiliary aids and services and refusing to cover the costs when necessary to ensure effective communication with individuals with disabilities.

DOJ Reaches Settlement To Ensure Effective Communication At Medical Practice

WAIRE, LLC, owner of the medical practice Ellington Behavioral Health, has entered into a settlement agreement with the U.S. Attorney’s Office for the District of Connecticut. The settlement comes after a complaint from a Deaf individual alleged that the practice would not provide an ASL Interpreter for mental health counseling appointments. Under the settlement, Ellington agreed to provide auxiliary aids and services, make reasonable modifications to policies and procedures, and pay damages to compensate the complainant.

DOJ Settles Complaint Over Camping Space Accessibility Requirements

On September 5, 2024, the U.S. Department of Justice (DOJ) announced a settlement agreement with the Washington State Parks and Recreation Commission (Washington State Parks). The agreement resolves allegations that the camping spaces failed to conform to accessibility requirements under the Americans with Disabilities Act (ADA), resulting in an injury to a camper with mobility issues. In addition to other requirements, the settlement requires Washington State Parks to propose new policies and procedures for maintaining accessible features and ensuring ADA compliance with new constructions and alterations within 90 days.

Staffing Support Firm Agrees to Provide Accommodations to Job Applicants

National Telecommuting Institute, Inc. (NTI), a staffing firm, entered into a consent decree with the U.S. Equal Employment Opportunity Commission (EEOC). The decree came after the EEOC alleged NTI refused to place or refer Blind/low-vision job applicants as telephone-based customer service agents and denied disability-related accommodations. Under the decree, NTI agreed to modify its policies and procedures around reasonable accommodations and provide internal training ensure compliance with disability employment laws.

Nebraska School District Agrees to Remove Discriminatory Blanket Policy

On August 15, 2024, the U.S. Department of Justice (DOJ) filed a complaint and proposed consent decree with Lincoln Public Schools (LPS) based on violations of the Americans with Disabilities Act (ADA). In February 2024, DOJ posted its findings that LPS utilizes a discriminatory blanket policy. The policy requires Deaf/hard-of-hearing students to attend cluster schools because of their need for ASL interpreter services. DOJ found the policy violates the ADA by denying these students an equal opportunity to participate in the district’s high school choice program and attend neighborhood schools. The proposed consent decree requires LPS to end the policy and provide appropriate auxiliary aids and services where necessary.

Settlement Agreement Requires Eating Disorder Clinic to Make Accommodations for Disability-Related Dietary Restrictions

The U.S. Department of Justice entered a settlement with The Emily Program P.C. (TEP), an eating disorder clinic. The agreement requires the clinic to make changes that accommodate clients who have dietary restrictions due to their disabilities. TEP must also provide foods and beverages that do not contain ingredients which are commonly restricted for people with disabilities such as sugar, caffeine, nuts, lactose or dairy products, gluten, eggs, soy, and fish/shellfish. In addition to other requirements, TEP must modify its policies and procedures to allow reasonable modifications to the dietary program rules.

DOJ Files Lawsuit Against Maine for Unnecessary Segregation of Children in Institutions

In September 2024, the U.S. Department of Justice (DOJ) filed a complaint alleging the State of Maine is violating Title II of the Americans with Disabilities Act integration mandate by administering its behavioral health service system in a manner that segregates children with mental health and developmental disabilities by providing no meaningful choice but institutions. The complaint alleges hundreds of children are separated from their families and communities when placed in institutions both in and out of state. DOJ previously notified Maine of its findings in a June 2022 letter.

EEOC Charges FedEx with Disability Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint alleging the Federal Express Corporation (FedEx) violated Title I of the Americans with Disabilities Act (ADA) by using discriminatory employment practices. According to the complaint, since 2019, FedEx has enforced a policy prohibiting drivers with medical restrictions from working and failed to provide reasonable accommodations. EEOC claims that the policy screens out employees with disabilities although these restrictions are not job-related nor consistent with business necessity.

Johns Hopkins Agrees to Update Policies on Necessary Support Persons

The U.S. Department of Justice simultaneously filed a complaint and proposed consent decree in response to multiple allegations that Johns Hopkins Health System Corporation prevented patients with disabilities from being accompanied by necessary support persons. The complaint alleges that multiple Johns Hopkins locations did not follow policies that permit support persons to accompany and assist patients with disabilities. Under the consent decree, Johns Hopkins agreed to update its policies and train its employees on the policies.

Wisconsin Correctional Facilities Agree to Provide Auxiliary Aids and Services and Treatment for Opioid Use Disorders

In September 2024, the U.S. Department of Justice announced a settlement agreement with the Wisconsin Department of Corrections (WDOC) after conducting investigations for disability discrimination at several correctional facilities. An investigation revealed that the Mason County Jail discontinued medications for the treatment of opioid use disorders and required some inmates to go through withdrawal and transition to alternative medications. Another complaint alleged WDOC failed to ensure effective communication with inmates with hearing disabilities. WDOC has agreed to provide appropriate auxiliary aids and services; modify their intake process to screen every incarcerated individual for hearing disabilities; and change or discontinue an inmate’s treatment for an opioid use disorder only after receiving a determination from a qualified medical professional that the treatment is no longer medically appropriate.

City of Berkeley Introduces Policy to Improving Commission Accessibility

In 2023, Disability Rights Advocates (DRA) filed a complaint against the City of Berkeley alleging that the City violated the Americans with Disabilities Act (ADA) by failing to modify its policy to allow board members and commissioners to remotely attend commission meetings. The California Attorney General issued an opinion to support DRA’s complaint. The opinion concluded that the ADA requires a local agency’s legislative body to allow remote participation for nonpublic locations as a reasonable accommodation. The city has agreed to issue a new policy that allows remote attendance options for individuals with disabilities.

Learn More

Seyfarth Shaw LLP Releases Video Series on Serving Customers with Disabilities

Seyfarth Shaw LLP released videos on how to serve customers with disabilities. The three-part videos series, ADA 30: 30 Tips for 30 Years, covers practical advice on how to make facilities more accessible to people with disabilities, make reasonable modifications to practices and procedures to ensure access, and provide effective communication to individuals with sensory disabilities.

Findings Indicate ADA Title III Lawsuits Increased Since 2023

Seyfarth Shaw LLP published findings indicating that lawsuits filed under Title III of the Americans with Disabilities Act in the first half of 2024 decreased since 2022. However, findings also show that Title III lawsuits increased since 2023. Overall, it is projected that approximately 8,500 lawsuits will be filed in 2024, a slight increase from 2023, but less than 2022.

Researchers Study Use of AI to Support Independence for People with Disabilities

The National Rehabilitation Information Center is researching the use of artificial intelligence (AI) and its impact to support decision-making and help people with disabilities access graphic interfaces. Research, conducted in collaboration with the National Institute on Disability, Independent Living, and Rehabilitation, is studying various uses of AI to address reading disparities for students with disabilities; assist with long-term employment of people with disabilities; understand factors in mobile rehabilitation; the use of AI for video descriptions; and more.

GAO Publishes Study Examining Barriers to Accessing Child Care

The U.S. Government Accountability Office (GAO) published a report examining the barriers children and parents with disabilities face when accessing child care. The report revealed that many parents and childcare providers were unaware of informational resources that can assist with relevant difficulties. GAO recommended collaboration between the U.S. Department of Health and Human Services (HHS) and U.S. Department of Education. GAO also recommended intentional leveraging of HHS’s state and local childcare partners network to disseminate information and increase awareness of the Department of Education’s Parent Training and Information Centers.

KFF Analyzes Outcomes of Medicaid Unwinding

A health policy organization, Kaiser Family Foundation (KFF), published an analysis and provided important takeaways on the outcomes of the unwinding of the Medicaid continuous enrollment process. KFF used its Medicaid Enrollment and Unwinding Tracker to analyze data and create a full picture of renewals, disenrollment, and enrollment changes from February 2020 through June 2024. The analysis found over 25 million people were disenrolled from Medicaid, over 56 million renewals, and ten million more people are currently enrolled in Medicaid and the Children’s Health Insurance Program nationally than at the beginning of 2020.

Additional Newsletters

Subscribe to other disability rights and advocates’ newsletters for more information on the issues impacting individuals with disabilities and efforts to promote civil rights.

ADA News from the Mid-Atlantic ADA Center
Disability Scoop
Disability Rights Education & Defense Fund
Bazelon Center for Mental Health Law
Disability Inclusive Employment Policy Rehabilitation Research and Training Center
Disability Rights Advocates
Disability Rights International
Seyfarth Shaw’s ADA Title III News & Insights Blog
ADA Southeast Newsletter: ADA and Access Matters
The Disability Docket

Contents