SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this compliance review in response to a complaint against the Town of Poestenkill, New York (Town), filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35.
The complaint was investigated by the Disability Rights Section of the Department’s Civil Rights Division and focused on the Town’s compliance with the following title II requirements:
- to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation, 28 C.F.R. § 35.105;
- to notify applicants, participants, beneficiaries, and other interested persons of their rights and the Town’s obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;
- to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. §§ 35.149 - 35.150, by:
- delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
- physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. §§ 35.150 and 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A (2010), or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A;
- to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards, UFAS, or 2010 Standards, as applicable, 28 C.F.R. § 35.151;
- to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
- to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9‑1‑1 services, for persons who use TTYs and computer modems, 28 C.F.R. § 35.162;
- to provide information for interested persons with disabilities concerning the existence and location of the Town’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and
- to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
As part of its compliance review, the Department reviewed the following facilities, which - because alterations commenced after January 26, 1992 - must comply with the ADA’s alterations requirements: Poestenkill Library and Poestenkill Elementary School.
The Department’s program access review covered those of the Town’s programs, services, and activities that operate in the following facility: Poestenkill Town Hall.
The Department reviewed the Town’s policies and procedures regarding emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.
For the Town of Poestenkill :
By: /s/ Dominic Jacangelo
38 Davis Drive
Poestenkill, NY 12140
For the United States:
THOMAS E. PEREZ
Assistant Attorney General for Civil Rights
By: /s/ Naomi Milton
REBECCA B. BOND, Chief
KEVIN KIJEWSKI, Deputy Chief
NAOMI MILTON, Supervisory Attorney
Civil Rights Division
Disability Rights Section
By: /s/ Amelia M. Eduardo
AMELIA M. EDUARDO, Senior Investigator
MICHELE ANTONIO MALLOZZI, Architect
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
(202) 514-7821 (fax)