Disability Rights Cases
City of Anoka, Minnesota
On November 7, 2023, the United States issued a letter of findings concluding that the City of Anoka, Minnesota, violated Title II of the ADA and the Fair Housing Act by denying tenants with mental health disabilities an equal opportunity to receive emergency assistance. The City, through enforcement of its so-called “crime free” housing ordinance and by sharing confidential medical information relating to calls for emergency service with all landlords, deterred individuals with mental health disabilities and those associated with them from calling for emergency help and threatened their current housing or future housing prospects.
On May 21, 2024, the United States filed a complaint and the parties entered a proposed consent decree to resolve its findings. Under the proposed consent decree, the City has agreed to pay $175,000 to compensate harmed individuals; end its practice of publicizing the disability, medical, and health information of individuals with mental health disabilities; adopt non-discrimination policies and complaint procedures; notify landlords, property owners, and tenants of changes to the program; designate an ADA coordinator; train staff; and report to the United States.
State of Tennessee and the Shelby County District Attorney General's Office
On May 22, 2024, the United States filed its Opposition Brief in response to Defendant State and TBI's Motion to Dismiss. The United States' brief argues that (1) the United States may enforce Title II, and Defendants’ interpretation disregards the remedies Congress incorporated into Title II; (2) the breadth of Title II’s coverage encompasses Tennessee’s implementation and enforcement of its aggravated prostitution statute; (3) Tennessee and the TBI are proper defendants to this suit; and (4) any arguments about the scope of the relief are improper at the motion to dismiss.
On May 16, 2024, the United States entered into a settlement agreement with the Shelby County District Attorney General's Office (DA). The DA has agreed not to prosecute individuals living with HIV under Tennessee’s aggravated prostitution law. The DA will also adopt reforms to correct discrimination against people living with HIV who were subjected to harsher penalties under the law. The aggravated prostitution statute elevates what would otherwise be misdemeanor conduct to a felony because the individual has HIV, regardless of any actual risk of harm. Aggravated prostitution is also categorized as a “violent sexual offense” mandating registration as a sex offender, in most cases for life.
On February 15, 2024, the United States filed a complaint against the State of Tennessee and the Tennessee Bureau of Investigation (TBI) for violating Title II of the Americans with Disabilities Act (ADA). The complaint alleges that the State and the TBI subject people to harsher criminal penalties solely because of their human immunodeficiency virus (HIV) status by maintaining and enforcing Tennessee’s aggravated prostitution statute.
On December 1, 2023, the United States issued a letter of findings to the State, the TBI, and the Shelby County District Attorney’s Office notifying them that they violated the ADA by maintaining and enforcing the state’s aggravated prostitution statute. That letter of findings asked the State, the TBI, and the Shelby County District Attorney’s Office to stop enforcing the aggravated prostitution law, to remove affected individuals from the registry, and to take other measures to redress the discrimination.
State of Nebraska
On May 14, 2024, the United States sent a letter of findings to the State of Nebraska, notifying the State that it is unnecessarily segregating people with serious mental illness (SMI) in violation of Title II of the Americans with Disabilities Act (ADA). Following an investigation into Nebraska's behavioral health service system, the Department of Justice concluded that Nebraska fails to provide its citizens with SMI with the services they need to live and work in their homes and communities. As a result, Nebraskans with SMI often have no options other moving into assisted living facilities and spending their days in segregated day programs with no path to employment.
State of Rhode Island and Rhode Island Department of Children, Youth, and Families
On May 13, 2024, the U.S. Attorney’s Office for the District of Rhode Island, in partnership with the U.S. Department of Health and Human Services Office of Civil Rights, sent a letter of findings to the State of Rhode Island, notifying the State that it is violating Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by unnecessarily segregating children with mental health and developmental disabilities in an acute-care psychiatric hospital. Following an investigation into Rhode Island’s behavioral health care system for children in the care and custody of its state child welfare agency, the United States found that the State failed to provide services to children in the most integrated settings appropriate to their needs, resulting in children being routinely and unnecessarily segregated at a psychiatric hospital. Although the needs of children with behavioral health disabilities could be met in settings less restrictive than hospitals, hundreds of children in the care and custody of the State have instead languished at Bradely Hospital simply because the State has failed to ensure sufficient capacity of community-based services and prompt and effective discharge
Tidewater Community College
On May 6, 2021 the United States executed a settlement agreement with Tidewater Community College under Title II of the ADA regarding its program access, as part of the Section's Veterans Access Program. The agreement ensures veterans and other individuals with disabilities will have access to education programs, services, facilities, and activities at Tidewater Community College, which is comprised of 1/3 military and veteran students, and has the largest African American undergraduate enrollment in Virginia.
City of Virginia Beach, Virginia
On April 18, 2024, the Justice Department entered into a settlement agreement under Title II of the ADA with the City of Virginia Beach, VA, a jurisdiction that has one of the highest concentrations of veterans in the country, many with service-connected disabilities. Under the agreement, the City will ensure the accessibility of its facilities, curb ramps, websites, and emergency management procedures, that it provides effective communication in its programs, and that it trains City staff about the requirements of the ADA.
United States v. West Memphis School District
On April 8, 2024, the United States filed a lawsuit against the West Memphis School District in Arkansas alleging the school district denied an employee with a disability temporary telework as a reasonable accommodation in violation of Title I of the Americans with Disabilities Act. The lawsuit also alleges that the school district denied the accommodation request without discussing it, or possible alternative accommodations, with the employee. As a result of the denial, the employee was forced to resign.
Utah Department of Corrections
On April 2, 2024, the Justice Department filed a lawsuit against the State of Utah and the Utah Department of Corrections (UDOC) alleging UDOC violated Title II of the Americans with Disabilities Act (ADA) by discriminating against an incarcerated transgender woman on the basis of her disability, gender dysphoria. The complaint alleges that UDOC failed to provide the complainant with equal access to health care services and failed to make reasonable modifications to its policies and practices to avoid discrimination on the basis of disability.
On March 12, 2024, the Justice Department issued a letter notifying UDOC that it violated the ADA by discriminating against an incarcerated transgender woman on the basis of her disability, gender dysphoria. The letter outlined the minimum remedial measures UDOC must take to address the violations identified and invited UDOC to work with the United States to reach an appropriate resolution.
In Re: New York City Police Department
On March 29, 2024, the United States issued a letter of findings to the New York City Police Department (NYPD) under Title II of the ADA regarding the lack of accessibility of the pedestrian grid caused by the NYPD’s widespread practice of permitting NYPD and New York City-permitted vehicles to park on sidewalks and in crosswalks. That letter demanded that the NYPD address the violations identified by taking corrective actions, including reforming parking policies and parking-enforcement trainings in addition to establishing procedures to hold accountable NYPD and New York City employees who park, or allow others to park, in manners that result in violations of the ADA.
Volusia County School Board
On August 2, 2021, the United States executed a settlement agreement with the Volusia County School Board on behalf of the Volusia County School District (VCS) under Title II of the ADA. The settlement agreement resolved allegations that the district punished students with disabilities for their disability-related behavior and denied them equal access to VCS’ programs and services through unnecessary removals from the classroom. Under the agreement, VCS will revise and implement policies and practices to comply with the ADA, particularly those relating to attendance and removals, discipline, law enforcement involvement, and behavioral interventions and supports, provide staff training on the ADA, retain an outside behavioral supports consultant, and establish an ADA complaint procedure and tracking system.
On March 20, 2024, the United States announced a Memorandum of Agreement (MOA) with VCS to extend the term of the 2021 settlement agreement by two years. The MOA also amends the settlement agreement to require VCS to take additional critical steps to achieve compliance with the ADA. Under the agreement, VCS will implement a robust training program, as well as new procedures that govern law enforcement contact with students with disabilities and ensure that students receive appropriate behavioral supports.
Individuals with information related to the department’s investigation and the district’s compliance with the settlement agreement are encouraged to report such information by email at vcs.compliance@usdoj.gov.
T.G. vs Maryland Department of Human Services
On March 4, 2024, the Justice Department filed a statement of interest explaining how the integration mandate of Title II of the Americans with Disabilities Act applies to children who have been medically cleared for discharge from psychiatric institutions but who remain institutionalized because of the lack of available community placement. The statement of interest was filed in T.G. v. Maryland Department of Human Services, a lawsuit on behalf of a proposed class of children with mental health disabilities in the state’s foster care system who are institutionalized in psychiatric hospitals and other institutional settings, despite being medically cleared for discharge, due to a lack of available community-based services. The department’s brief explains that the ADA’s integration mandate requires states to provide services to people with disabilities in the most integrated setting appropriate to their needs when they do not oppose such services, and when such placement can be reasonably accommodated. The statement also explains that (1) plaintiffs’ eligibility for a program makes them qualified under the ADA; (2) a treatment professional’s approval of a plaintiff for discharge establishes that the plaintiff is appropriate for a more integrated setting; and (3) a claim under Title II’s integration mandate does not require a showing of discriminatory intent, disparate treatment, or disparate impact.
U.S. v. Los Angeles County
On May 16, 2023, the Department of Justice issued a Letter of Findings to Los Angeles County under Title II of the ADA after investigating physical accessibility for persons with mobility and vision disabilities at the County's vote centers during the 2020 primary and general elections and 2022 general election. In addition, the Department reviewed other aspects of the County's voting programs, including curbside voting and ballot drop boxes. The Department concluded that the County, by reason of disability, excluded voters with disabilities from participation in and denied them the benefits of the County's voting services, programs, or activities, or subjected those individuals to discrimination, in violation of Title II and its implementing regulations.
On June 29, 2023, the Department of Justice filed a lawsuit against Los Angeles County after its investigation determined that the County discriminated against people with disabilities at vote centers, ballot drop boxes, and curbside voting during recent elections in violation of Title II of the ADA. On May 16, 2023, the Department of Justice issued a Letter of Findings to Los Angeles County concluding that the County, by reason of disability, excluded voters with disabilities from participation in and denied them the benefits of the County's voting services, programs, or activities, or subjected those individuals to discrimination, in violation of Title II. The Department seeks a court order directing the County to comply with the ADA, promptly develop a plan to remedy the alleged violations, and not further discriminate against individuals with disabilities.