Policy
Objectives
- To respect the rights of individuals with disabilities through compliance with Title II of the Americans with Disabilities Act, as amended, in addition to applicable state and local laws.
- To provide qualified individuals with disabilities equal access to and enable full participation in City of Minneapolis programs, services, and activities.
Policy statement
The City of Minneapolis (“City”) is committed to providing accessible programs, services, and activities to individuals with disabilities. Further, the City strives to foster a community where individuals with disabilities are free from degradation, intolerance, and hate. The City is responsible for fully complying with all applicable local, state, and federal laws concerning the rights of individuals with disabilities. This includes the Minneapolis Ordinances on Civil Rights, the Minnesota Human Rights Act, and the Americans with Disabilities Act (“ADA”). Specifically, Title II of the ADA requires that the programs, services, and activities of local governments be accessible to and usable by qualified individuals with disabilities. It also requires public entities to take appropriate steps so that communications with applicants, participants, and members of the public with disabilities are as effective as communications with individuals without disabilities. This policy concerns compliance with Title II of the ADA and applies to all of the City’s public-facing programs, services, activities, and communications.
Definitions
Disability means, with respect to an individual:
- A physical or mental impairment that substantially limits one or more of the individual’s major life activities. Major life activities include, but are not limited to:
- Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and
- Operating a major bodily function.
- A record of a physical or mental impairment that substantially limits one or more major life activities.
- Being regarded as having such an impairment. Being regarded as having an impairment means:
- Being subjected to an action prohibited under the ADA because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity (28 CFR 35.104; 28 C.F.R. § 35.108).
Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. (28 C.F.R. § 35.104).
Auxiliary aids and services may include:
- Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services (also known as communication access real-time translation or CART); written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
- Qualified readers; taped texts; audio recordings; brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;
- Acquisition or modification of equipment or devices; and
- Other similar services and actions. (28 C.F.R. § 35.104).
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. (28 C.F.R. § 35.104).
Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor and outdoor locomotion. (28 C.F.R. § 35.104).
Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but is not a wheelchair within the meaning of this section. (28 C.F.R. § 35.104).
Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. (28 C.F.R. § 35.104).
Standards
Non-discrimination
No City program, activity, or service shall unlawfully discriminate against an individual with disabilities.
Accessible communications
Communications with individuals with disabilities who are applicants for or participants in City services, members of the public, or their companions, must be as effective as communications with those without disabilities. For this purpose, “companion” means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate individual with whom the City should communicate.
Public-facing information created, published, or distributed by the City must be accessible or available in an accessible format upon reasonable request. The City must meet appropriate ADA and Web Content Accessibility Guidelines (WCAG) accessibility standards for electronic and web-based communications with the public.
Auxiliary aids and services
The City must generally, upon request, provide appropriate auxiliary aids and services leading to effective communication for qualified individuals with disabilities, including applicants for and participants in City services, members of the public, or their companions, so they can enjoy the benefit of and have an equal opportunity to participate in the City’s programs, services, communications, and activities. (28 C.F.R. § 35.160(b)).
The type of auxiliary aids and services necessary to ensure effective communication will vary with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, the City must give primary consideration to the requests of individuals with disabilities. To be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability. (28 C.F.R. § 35.160(b)).
The City may not charge an individual with a disability or a group of individuals with disabilities for the cost of measures, such as auxiliary aids and services, that are required to ensure effective communication. (28 C.F.R. § 35.130).
The City must not:
- Require individuals with disabilities to bring their own interpreter to interpret for them.
- Rely on an adult accompanying an individual with a disability to interpret or facilitate communication unless (1) there is an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or (2) the individual with a disability specifically requests the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances.
- Rely on a minor child to interpret or facilitate communication unless there is an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available (28 C.F.R. § 35.160(c)).
Statement on availability of information in alternative formats
All written, electronic, or multimedia material intended for distribution to the public and developed, used, or distributed by the City will contain a statement indicating the information is available in alternative formats to individuals with disabilities upon request. The alternative format must be provided in a timely manner. Alternative formats may include, but are not limited to: large text, audio description, CART transcript, closed captioning, Braille, or other alternative formats. These alternative formats are not mutually exclusive, and the City may need to provide information in more than one alternative format depending on need.
Telecommunications
When contacting the general public by telephone or requesting the public call the City, the City must ensure communication is equally accessible and effective to people who are deaf, deafblind, hard of hearing, or speech-impaired by providing telecommunication access.
Modifications in policies, practices, and procedures
The City must make reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination on the basis of disability and ensure qualified individuals with disabilities have an equal opportunity to use all its programs, services, and activities, unless the City can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity, or result in undue financial and administrative burdens. (28 C.F.R. § 35.130(b)(7)(i)).
The City is not required to provide a reasonable modification to an individual who qualifies as having a “disability” solely because the individual is “regarded as” having a disability. (28 C.F.R. § 35.130(b)(7)(ii)).
The City must not charge an individual with a disability or a group of individuals with disabilities for the cost of providing a reasonable modification and should account for potential reasonable modification costs in the event or meeting budget. (28 C.F.R. § 35.130).
Requests for modifications or accommodations
Requests for reasonable modifications or accommodations may be made by any qualified individual with a disability to ensure equal opportunity to access to the City’s programs, services, and activities, or by a third party, such as a family member, friend, union representative, health professional or other representative, on behalf of a qualified individual with a disability.
The City will develop and communicate a procedure for requesting and processing requests for reasonable modifications or reasonable accommodations (“Reasonable Modification or Accommodations Procedure”).
Meeting/program/event accessibility
Public-facing meetings must satisfy all accessibility requirements. Meetings include but are not limited to in-person meetings, conference calls, and video conferences.
The City must inform potential participants about the availability of reasonable accommodations, modifications, and auxiliary aids, by including a statement on online registration materials, invitations, bulletins, flyers, brochures, public service announcements, or any other printed, electronic, or multimedia material used to inform participants of the event. The City should provide this information within a reasonable time prior to the anticipated date of the meeting.
Building accessibility
Physical accessibility
The City must maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by individuals with disabilities. (28 C.F.R. § 35.133(a)).
Evacuation procedures for individuals with disabilities
The City has a responsibility to and shall develop emergency evacuation plans for its facilities that are readily accessible to and usable by individuals with disabilities.
Mobility devices
The City must permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities, in any areas open to pedestrian use. (28 C.F.R. § 35.137(a)).
The City must make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the City can demonstrate the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements based on actual risks. (28 C.F.R. § 35.137(b)(1)).
Service animals
The City must permit the use of a service animal by an individual with a disability, unless it can demonstrate that allowing the use of the service animal would fundamentally alter the nature of the service, program, or activity. However, the City is not responsible for the care and supervision of a service animal. A service animal must be under the control of its handler through the use of a harness, leash, tether, voice control, or other effective means. The City may ask an individual with a disability to remove a service animal if: (1) the animal is out of control and the animal’s handler does not take effective action to control it; or (2) the animal is not housebroken. If a service animal is excluded for one of these reasons, the City must give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises. (28 C.F.R. § 35.136).
If it is not readily apparent, the City may ask if an animal is required because of a disability and what work or task an animal has been trained to perform. (28 C.F.R. § 35.136(f)).
The City may not:
- Ask about the nature or extent of an individual’s disability or require documentation of the disability. Request documentation for the service animal to be produced, such as proof that the
- service animal has been certified, trained, or licensed as a service animal.
- Require that the dog demonstrate its ability to perform work.
- Require individuals with a service animal to use a specific entrance.
Individuals with disabilities must be permitted to be accompanied by their service animals in all areas of City facilities where members of the public, participants in services, programs, or activities, or invitees, as relevant, are allowed to go. (28 C.F.R. § 35.136(g)).
The City may not charge an individual with a disability for being accompanied by a service animal, even if people accompanied by pets are required to pay fees. However, if the City normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by the individual’s service animal. (28 C.F.R. § 35.136(h)).
Limitations
Safety requirements
The City may impose legitimate safety requirements necessary for the safe operation of its services, programs, products, or activities. However, such safety requirements must be based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities. (28 C.F.R. § 35.130(h)).
Personal devices and services
The City is not required to provide personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing. (28 C.F.R. § 35.135).
Fundamental alterations to programs/undue burden
The law does not require modifications or actions that would fundamentally alter the nature of the City’s programs or services or impose an undue financial and administrative burden. The City bears the burden of showing that a proposed modification or requested auxiliary aids or services would fundamentally alter the nature of the program, activity, or service, or impose an undue burden. (28 C.F.R. § 35.150; 28 C.F.R. § 35.164; 28 C.F.R. § 35.200; 28 C.F.R. § 35.204).
Any decision that providing a proposed modification or requested auxiliary aid or service would result in such fundamental alterations or undue burdens must be made after considering all resources available for use in the funding and operation of the service, program, or activity. In addition, a decision to deny the proposed modification or requested auxiliary aid or service must be accompanied by a written statement of the reasons for the decision. If the City denies the proposed modification or requested auxiliary aid or service, it must take any other action, that would not result in a fundamental alteration or undue burden, but that would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the City. (28 C.F.R. § 35.150; 28 C.F.R. § 35.164; 28 C.F.R. § 35.204).
Direct threat
The City is not required to permit an individual to participate in or benefit from the services, programs, or activities of the City when that individual poses a direct threat to the health or safety of others. (28 C.F.R. § 35.139(a)).
In determining whether an individual poses a direct threat to the health or safety of others, the City must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk. (28 C.F.R. § 35.139(b)).
Retaliation prohibited
The City does not allow retaliation against any person who does any of the following:
- Requests an accommodation, modification, or auxiliary aids or services on behalf of themselves or a third party.
- Reports a violation under this policy.
- Files a charge or complaint in connection with this policy or Title II of the ADA.
- Participates in a related investigation or proceeding.
Procedural requirements
Americans with Disabilities (ADA) Coordinator
Under the ADA, the City must designate at least one employee, the ADA Title II Coordinator, to coordinate its efforts to comply with and carry out its responsibilities under Title II. (28 C.F.R. § 35.107(a)).
The ADA Title II Coordinator shall have the authority to create notices, forms, processes, plans, or procedures to ensure City compliance with Title II of the ADA, including but not limited to the City’s ADA Title II Notice Grievance Procedure and Reasonable Modification and Accommodation Procedure.
Notice
The City must provide notice to members of the public of their rights under the ADA. (28 C.F.R. § 35.106).
Grievance procedure
Under the ADA, the City must adopt and publish a grievance procedure, which provides for prompt and equitable resolution of complaints alleging violations of Title II of the ADA. (28 C.F.R. § 35.107(b)).
An individual who believes they or a specific class of individuals has been subjected to discrimination on the basis of disability may, by themselves or by an authorized representative, file a complaint using the City’s grievance procedure. Individuals are encouraged to work directly with the City to resolve the issue.
