Mediation Newsroom

ADA Mediation Program Highlights

The ADA Mediation Program is a Department-sponsored initiative intended to resolve ADA complaints in an efficient manner. Mediation cases are initiated upon referral by the Department when both the complainant and the respondent agree to participate. The program utilizes professional mediators who are trained in the legal requirements of the ADA and has proven effective in resolving complaints at less cost and in less time than traditional investigations or litigation. Over 75% of all complaints mediated have been settled successfully.

In this issue, we focus on complaints involving accessible parking spaces that are blocked or misused by non-disabled people.

In Maryland, a person who uses a wheelchair complained that vehicles often block the curb ramp leading to a restaurant entrance. In addition to increasing the width of the curb ramp to ensure it would not be blocked by legally parked vehicles, the restaurant also agreed to adjust the closers on the entrance and restroom doors, to remove the vestibule door, to provide wheelchair access to the food order line and the dining tables, and to remove a partition in the restroom to increase access.

In New York, an individual with a mobility disability complained that mall security did not respond when she informed them that her car was blocked by a vehicle illegally parked in the access aisle. The director of mall security agreed to instruct all security staff on procedures to follow when a car is parked illegally in an accessible parking space or access lane.

In Pennsylvania, a person who uses a wheelchair complained that an amusement park allowed vehicles to park improperly in accessible spaces. The amusement park agreed to provide ADA training for all seasonal staff on ensuring appropriate use of accessible parking. The park also increased the number of accessible spaces by more than 60%, including van-accessible spaces, and installed appropriate signage.

 In Tennessee, two people with disabilities complained that a union violated the ADA when it covered signs identifying existing accessible parking spaces and used them for other purposes during a union-sponsored public car show. The union agreed to provide accessible parking during its activities and install signage stating that cars illegally parked in accessible parking spaces would be towed and a fine assessed. Both parties agreed to write articles for a union publication on the union’s commitment to provide access to individuals with disabilities.

In Virginia, a person who uses a wheelchair complained that a hospital did not provide accessible parking near the main entrance, the existing parking in the rear lot was difficult to find due to poor lighting, and unauthorized vehicles were allowed to park in accessible spaces. The hospital created additional accessible parking at both the front and rear entrances, created a curb cut to provide access from the parking lot to the hospital entrances, increased exterior lighting to enhance the visibility of accessible parking in the rear lot, and adopted a policy to monitor use of accessible parking by unauthorized drivers and to notify local police to ticket those who were illegally parked.