U.S. Department of Justice
Civil Rights Division
Ms. Rosemarie Botthof
Disability rights Section -NYA
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
JUN 10 2004
Unified Voice of Disabled Americans
460 Eagle Drive, Suite 106
Elk Grove Village, Illinois 60007
Dear Ms. Botthof:
This letter is in response to your correspondence to President George W. Bush (WH #374615) which was referred to our agency for review in which you inquired about the enforcement of the Americans with Disabilities Act of 1990 (ADA). You also expressed concerns that various public venues in your community are not accessible to people with disabilities. Please excuse our delay in responding.
Your letter expressed concern that the ADA is 'mostly proposals" that can be enforced by states the way they choose. This is not correct. The ADA is a federal statute that is binding on the entities that are subject to its provisions. As a federal statute, it is enforced through the federal courts, through lawsuits filed by the Department of Justice or by private individuals. State and local governments are required to comply with the provisions of the ADA in providing government programs and services, but they are not responsible for enforcing the ADA as it applies to private entities.
The Bush Administration is committed to the vigorous implementation of the ADA and other programs that will benefit people with disabilities. When President Bush took office in 2001, one of the first actions was to initiate a program that he called the "New Freedom Initiative." (www.whitehouse.gov/news/freedominitiative). The New Freedom Initiative encompasses wide range of programs to benefit people with disabilities, including a commitment to ensure the effective enforcement of the ADA by the Department of Justice.
The Department, through lawsuits and both formal and informal settlement agreements, has achieved greater access for individuals with disabilities in thousands of cases involving public accommodations, commercial facilities, and state and local governments. The last three issues of our quarterly Status Report are enclosed. These reports describe the Department's recent enforcement activities. For additional information about the Department's efforts since the ADA was enacted, you can find previous status reports and a wide range of other ADA information on the ADA Home Page at www.ada.gov.
Because you also expressed concern in your letter regarding a wide range of public programs that you believe are inaccessible to people with disabilities, I have also enclosed information to assist you in filing a specific complaint under title II or III of the ADA, if you so choose. If you have any questions about the ADA or how to file a complaint, please contact our ADA Information Line (800) 514-0301 (voice). The Information Line staffs are available Monday through Wednesday, and Friday from 10:00 a.m. to 6:00 p.m., and Thursday from 1:00 p.m. - 6:00 p.m.
I hope this information is useful to you.Sincerely, Enclosures
John L. Wodatch
Chief
Disability rights Section