The Mission of the Office of Accessibility and ADA is to prevent discrimination against people with disabilities by City Departments, City Personnel, and Agencies receiving financial assistance from the City in their programs, policies, procedures, and facilities by monitoring compliance with the ADA and Ordinance # 9779, investigating disability related complaints, providing technical assistance and training about disability laws and issues, and evaluating the needs of the disabled community on a continuous basis.

How ADA Works

Compliance Monitoring Investigation of Complaints Facilitation of Accommodations Advise City Council Technical Assistance and Training Community Education, Outreach, Information, and Media Relations

1.Compliance Monitoring

Compliance monitoring is done utilizing the different standards, laws, and ordinances.

• The Architectural Barriers Act (ABA) of 1968 requires access to facilities designed, built, altered, constructed or leased with Federal Funds. The Access Board developed and maintains the Uniform Federal Accessibility Standards, which are used to enforce the ABA.
• City Ordinance # 9779 was passed by the City of El Paso in 1989 and requires the City of El Paso and recipients who receive financial assistance (funds, services of City personnel, or real or personal property) to provide a self assurance that individuals with disabilities will not be discriminated against in their programs and hiring practices and a self evaluation of their facilities to determine if physical barriers exist that limit accessibility. The ordinance requires that a transition plan for removal of barriers be developed if any exist.
• The Americans with Disabilities Act (ADA) passed in July of 1990 contains Five Titles. Title I covers Employment, Title II covers State and Local Governments, Title III covers public accommodations and commercial facilities, Title IV covers Telecommunications, and Title V covers Miscellaneous items not covered by the other Titles. Title II requires state and local governments to evaluate their programs, policies, procedures, and facilities to determine if any discriminate against persons with disabilities, and to correct programs, policies, and procedures immediately if found to be non compliant, and develop a transition plan to remove barriers in buildings and facilities. The Access Board developed the ADA Accessibility Guidelines (ADAAG) to ensure that buildings and facilities are accessible.
• The Texas Architectural Barriers Act was enacted in 1969, and went into effect on January 1, 1970. Originally it required that all buildings and facilities that were constructed or substantially altered with public funds to eliminate barriers encountered by persons with a disability. The Texas Accessibility Standards were adopted in 1993 and were deemed to meet or exceed new construction and alteration requirements of the ADA in September of 1996.

2. Investigation of Complaints

There are several steps in investigation of complaints and in obtaining compliance with the ADA.

• Concerns of discrimination against individuals with disabilities are identified.
• When it has been determined that there is a problem, mediation to get the problem corrected is attempted. If not corrected by mediation, denial of funding for a program to filing a Federal lawsuit could occur.
• After a decision in the case has been decided either through mediation or court action, the progress of compliance is monitored until compliance has been attained.
• Further investigation to maintain compliance may occur.

3. Facilitation of Accommodations

The steps needed to determine the type and facilitate an accommodation are as follows.

• The barrier to a building, employment, work environment, etc. is identified usually by the individual requesting the accommodation.
• The disability of the individual is identified.
• The individual requesting an accommodation is involved in determining what type of accommodation is needed.
• The accommodation or possible a number of different accommodations are identified.
• The accommodator determines which accommodation can be afforded by the entity.
• The accommodation is put into place and maintained by the entity.

4. Advise the Mayor and City Council

It is important to keep the Mayor and City Council aware of disability issues and concerns.

• It is necessary to identify the issues and concerns that the disability community may have.
• After the issues are identified, it is necessary to describe to the Mayor and City Council the impact the issues have on the citizens with disabilities.
• Possible solutions are presented to the Mayor and Council.
• The appropriate solution is implemented to remedy the issue.
• The issue is monitored to maintain compliance.

5. Provide Technical Assistance and Training

Providing technical assistance and training ensures that new construction and renovation meet the requirements of the ADA and that persons with disabilities are not discriminated against in the programs, policies, procedures, and facilities that are covered under the ADA and other Disability Laws. Technical Assistance and Training is provided to the following:

• City Departments and Department ADA Representatives
• Agencies that contract with the City
• Public Accommodations
• Developers and Contractors
• General Public

6. Community Education, Outreach, Information and Media Relations

Community Education, Outreach, Information and Media Relations are important to keep the public informed of the laws and changes in laws. This is accomplished in several ways.

• Presentations on ADA, Disability Issues, TAS, and Accessibility Inspections are presented to groups when requested.
• The Community is encouraged to attend Accessibility Advisory Committee monthly meetings.
• A brochure about City of Services has been produced and is updated as changes occur.
• Public Service Announcements are put out for special meetings and projects.

For further information or assistance regarding ADA or Accessibility please utilize the attached forms and information or contact William Bennett, Accessibility and ADA Coordinator at 541-4243 Voice/TDD or by fax at 541-4229.

1. Accessibility Advisory Committee Members
2. Accessibility Assurance Form
3. Accessibility Grievance Committee Rules
4. Accessibility Grievance Committee Form
5. ADA Curb Cut Demand Program Information
6. ADA Curb Request Form
7. ADA Curb Request Form (Spanish)
8. ADA Self-Evaluation Form
9. Disability Related Services Directory
10. Ordinance 9779
11. Sign Language Interpreter Information

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