THE AMERICANS WITH DISABILITIES ACT (ADA)IN PENNSYLVANIA’S COURTS
Title II of the Americans with Disabilities Act (ADA) ensures that no qualified individual with a disability can be excluded or discriminated against in accessing public entity services, including courts in Pennsylvania. The Unified Judicial System in Pennsylvania has policies and designated ADA Coordinators to provide accommodations for individuals with disabilities participating in judicial proceedings or utilizing court services.
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THE AMERICANS WITH DISABILITIES ACT (ADA) IN PENNSYLVANIA S COURTS 1
AMERICANS WITH DISABILITIES ACT (TITLE II) TITLE II OF THE AMERICANS WITH DISABILITIES ACT ( ADA ) COVERS PUBLIC ENTITIES PUBLIC ENTITIES INCLUDE THE COURTS (ANY STATE OR LOCAL GOVERNMENT OR ITS INSTRUMENTALITY) 2
WHAT DOES TITLE II OF THE ADA SAY? . . . NO QUALIFIED INDIVIDUAL WITH A DISABILITY SHALL, BY REASON OF SUCH DISABILITY, BE EXCLUDED FROM PARTICIPATION IN OR BE DENIED THE BENEFITS OF THE SERVICES, PROGRAMS, OR ACTIVITIES OF A PUBLIC ENTITY, OR BE SUBJECTED TO DISCRIMINATION BY ANY SUCH ENTITY. 42 U.S.C.A. 12132. 3
A POLICY STATEMENT: RJA 250 IT IS THE POLICY OF THE UNIFIED JUDICIAL SYSTEM TO PROHIBIT DISCRIMINATION AGAINST ANY INDIVIDUAL WITH A DISABILITY, AS DEFINED BY THE AMERICANS WITH DISABILITIES ACT ( ADA ), 42 U.S.C. 12131, ET SEQ., IN ACCESSING OR PARTICIPATING IN JUDICIAL PROCEEDINGS OR OTHER SERVICES, PROGRAMS, OR ACTIVITIES OF THE UNIFIED JUDICIAL SYSTEM. 4
ADA COORDINATOR EVERY JUDICIAL DISTRICT HAS APPOINTED AN ADA COORDINATOR AN EFFECTIVE ADA COORDINATOR: IS FAMILIAR WITH THEIR ENTITY S PROGRAMS, SERVICES, & ACTIVITIES o HAS KNOWLEDGE OF THE ADA AND OTHER DISABILITY LAWS o HAS EXPERIENCE WITH PEOPLE WITH A BROAD RANGE OF DISABILITIES AND THE ASSISTIVE TECHNOLOGY THAT CAN HELP THEM o HAS FAMILIARITY WITH LOCAL DISABILITY ADVOCACY GROUPS o 5
WHAT IS A DISABILITY? A PHYSICAL OR MENTAL IMPAIRMENT APPLIES TO ANYONE HAVING BUSINESS WITH THE COURTS IMPAIRMENT MUST SUBSTANTIALLY LIMIT A MAJOR LIFE ACTIVITY WHICH INCLUDES WALKING, HEARING, SEEING, AND THINKING 6
WHO MUST BE ACCOMMODATED? LITIGANTS ATTORNEYS WITNESSES JURORS COURTROOM SPECTATORS 7
WHAT SHOULD YOU OR YOUR STAFF DO IF SOMEONE ASKS FOR AN ACCOMMODATION? DON T ASK FOR MEDICAL RECORDS PROVIDE AN ACCOMMODATION UNLESS YOU CAN DEMONSTRATE THAT DOING SO WOULD RESULT IN: AN UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN; OR o A FUNDAMENTAL ALTERATION IN THE NATURE OF THE COURT S SERVICES, PROGRAMS, OR ACTIVITIES o 9
WHAT DOES UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN MEAN? VERY HIGH STANDARD DOES NOT MEAN: NOT EASILY ACHIEVABLE, TIME-CONSUMING, OR COSTLY o RESOURCES OF YOUR ENTIRE ORGANIZATION ARE CONSIDERED, NOT JUST THOSE OF YOUR SERVICE OR PROGRAM OVERALL SIZE OF YOUR PROGRAM o TYPE OF OPERATION YOU HAVE o NATURE AND COST OF THE ACCOMMODATION NEEDED o 10
WHAT ABOUT FUNDAMENTAL ALTERATION? THE COURT ADJUDICATES DISPUTES AND PROVIDES RELATED SERVICES THE COURT DOES NOT PROVIDE TRANSPORTATION 11
HOW ABOUT SOME HYPOTHETICALS? 12
RECUSAL, ANYONE? A LITIGANT WITH PTSD AND ANXIETY ASKS, THROUGH HIS ADA-VERSED LAWYER, FOR A DIFFERENT DOMESTIC RELATIONS MASTER. IS RECUSAL A REASONABLE ACCOMMODATION UNDER THE ADA? 13
THE CASE OF THE MISSING ADA REQUEST A MAN WITH ANXIETY AND DEPRESSION SAYS HIS REMOTE HEARING TRIGGERED AN ATTACK. HE ALSO DIDN T LIKE THE WAY THE MAGISTERIAL DISTRICT JUSTICE SPOKE TO HIM. HE WANTS A PD, EVEN THOUGH HE DOESN T QUALIFY. 14
BUFFET OF REASONABLE ACCOMMODATIONS LITIGANT WANTS: o HEARING BY ZOOM, WITH CAPTIONS o HEARING AT A LATER TIME THAN ORIGINALLY SCHEDULED o MAY NEED ADVOCATE/SUPPORT PERSON; NOTE TAKER; REPETITION AND BREAKS DURING HEARING o HELP AND EXTRA TIME FOR PAPERWORK 15
WHAT IF THE PWD IS UNHAPPY? REMIND THEM OF THE GRIEVANCE POLICY & FORM o ACKNOWLEDGE o INVESTIGATE o RESPOND 16
DONT GO IT ALONE! WE CAN HELP YOU THINK IT THROUGH WE CAN REVIEW YOUR RESPONSE WE CAN REVIEW YOUR INVESTIGATION & CLOSING LETTER 17
WHAT TYPES OF ACCOMMODATIONS ARE AVAILABLE? QUALIFIED SIGN LANGUAGE INTERPRETERS (IN-PERSON OR THROUGH VIDEO REMOTE SERVICES) NOTE TAKERS OR EXCHANGE OF WRITTEN NOTES REAL-TIME COMPUTER-AIDED TRANSCRIPTION SERVICES ASSISTIVE LISTENING DEVICES AND SYSTEMS 18
TYPES OF AVAILABLE ACCOMMODATIONS, CONT. WRITTEN MATERIALS QUALIFIED READERS AUDIO RECORDINGS LARGE PRINT MATERIALS VIDEOPHONES 19
EFFECTIVE COMMUNICATION A PUBLIC ENTITY MUST ENSURE THAT ITS COMMUNICATIONS WITH INDIVIDUALS WITH DISABILITIES ARE AS EFFECTIVE AS COMMUNICATIONS WITH OTHERS IN ORDER TO PROVIDE EQUAL ACCESS, A PUBLIC ENTITY, SUCH AS A COURT, IS REQUIRED TO MAKE APPROPRIATE AUXILIARY AIDS AND SERVICES AVAILABLE WHERE NECESSARY TO ENSURE EFFECTIVE COMMUNICATION SO WHAT ARE THE OPTIONS FOR ASSISTIVE TECHNOLOGY? 20
CART: COMMUNICATION ACCESS REALTIME TRANSLATION 21
WHERE CAN I GET MORE INFORMATION? PENNSYLVANIA OFFICE OF DEAF & HARD OF HEARING LINK: HEARING AIDS & ASSISTIVE DEVICES: WHAT YOU NEED TO KNOW 23
WHAT ABOUT SOMEONE WITH AN EMOTIONAL DISABILITY? POSSIBLE REASONABLE ACCOMMODATIONS: o MORE FREQUENT BREAKS o ALLOWING A SUPPORTIVE FRIEND OR ADVOCATE TO ACCOMPANY THE PERSON TO COURT AND SIT WITH HIM/HER AT COUNSEL TABLE, PROVIDED OPPOSING COUNSEL HAS NO OBJECTION 24
HOW DO I CHOOSE WHICH ACCOMMODATION TO PROVIDE? START BY ASKING THE PERSON WITH THE DISABILITY WHAT WORKS BEST FOR THEM 25
WHAT IF THE COURT CANNOT PROVIDE THE REQUESTED ACCOMMODATION? ADA REQUIRES TITLE II ENTITIES (LIKE COURTS) TO ENGAGE IN AN INTERACTIVE PROCESS o IF THE REQUESTED ACCOMMODATION IS NOT AVAILABLE OR PRACTICAL, CONSIDER WHAT OTHER OPTIONS MIGHT WORK & DISCUSS WITH HIM/HER 26
IF YOU DENY AN ACCOMODATION: THE DECISION TO DENY AN ACCOMMODATION MUST BE MADE BY THE HEAD OF THE RELEVANT ENTITY (E.G., PRESIDENT JUDGE) THE DENIAL MUST BE PUT IN WRITING MAKE SURE STAFF AND THE PUBLIC ARE AWARE OF YOUR GRIEVANCE POLICY 27
PHYSICAL BARRIERS ENSURE THAT YOUR COURTROOM AND OFFICES COMPLY WITH THE ADA FOR EXAMPLE: WHEELCHAIR ACCESSIBLE, EQUIPPED WITH NECESSARY COMMUNICATION DEVICES KEEP THIS IN MIND WHEN RENOVATING AN EXISTING COURTHOUSE OR BUILDING A NEW ONE 28
COUNTERS 30
WHAT CAN I ASK ABOUT SERVICE ANIMALS? STAFF MAY ASK TWO QUESTIONS: 1) IS THE SERVICE ANIMAL REQUIRED BECAUSE OF A DISABILITY? 2) WHAT WORK OR TASK HAS THE DOG BEEN TRAINED TO PERFORM? A PERSON WITH A DISABILITY CANNOT BE ASKED TO REMOVE HIS SERVICE ANIMAL FROM THE PREMISES UNLESS: 1) THE DOG IS OUT OF CONTROL AND THE HANDLER DOES NOT TAKE EFFECTIVE ACTION TO CONTROL IT 2) THE DOG IS NOT HOUSEBROKEN 31
DO EMOTIONAL SUPPORT ANIMALS QUALIFY AS SERVICE ANIMALS? NO. EMOTIONAL SUPPORT, THERAPY, OR COMFORT ANIMALS (ANIMALS THAT PROVIDE COMFORT JUST BY BEING WITH A PERSON) GENERALLY DO NOT QUALIFY AS SERVICE ANIMALS EXCEPTION: AN ANIMAL IS TRAINED TO TAKE SPECIFIC ACTION TO ASSIST A PERSON WITH A DISABILITY o EXAMPLE: A DOG HAS BEEN TRAINED TO SENSE AN ONCOMING ANXIETY ATTACK & TAKES SPECIFIC ACTION TO HELP AVOID THE ATTACK OR LESSEN ITS IMPACT 32
WEBSITE ACCESSIBILITY WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) 2.0 (WWW.W3.ORG) o RECOMMENDATIONS FOR MAKING WEB CONTENT MORE ACCESSIBLE IMAGES W/ ALT TEXT VIDEO CAPTIONING POSTING SCREEN-READABLE DOCUMENTS SCANNED DOCUMENTS ARE NOT SCREEN-READABLE o EXPORT YOUR WORD DOCUMENT AS A PDF o USE AN ELECTRONIC SIGNATURE WHEN A SIGNATURE IS REQUIRED 33
ADA PROTECTED VIEW PAGE CONTAINS RESOURCES FOR ADA COORDINATORS ADA FAQs DISABILITY RESOURCES ADA TRAINING POWERPOINT 34
ACCESSING THE ADA PROTECTED VIEW PAGE GO TO THE ADA COMPLIANCE PAGE LOCATED ON THE UJS WEBSITE & THEN CLICK THE SECURE ADA INFORMATION BUTTON ON THE RIGHT- HAND SIDE MENU. -OR- GO DIRECTLY TO THE ADA - PROTECTED VIEW PAGE. 35
NEED AN ADA RESOURCE? FOR QUESTIONS ON COURT AS PUBLIC ENTITY: CONTACT ME: MARY K. VILTER, ESQ. o EMAIL: MARY.VILTER@PACOURTS.US o PHONE: 215-560-6657 FOR QUESTIONS ON COURT AS EMPLOYER: CONTACT GERI ST. JOSEPH, ESQ. o EMAIL: GERI.ST.JOSEPH@PACOURTS.US o PHONE: 215-560-6300 X6238 UJS ADA WEBSITE 36
QUESTIONS? 37
