Thursday, August 18, 2022

Frequently Asked Questions For Americans with Disabilities Act

Frequently Asked Questions for Americans with Disabilities Act

QWhat should I do if I am a qualified person with a disability who needs assistance in order to participate in a program or service of the courts?
If you are a person with a disability who needs an accommodation in order to participate in a proceeding, please contact the Court’s ADA Coordinator at least seven (7) days prior to your court appearance or day of service. If you do not request an accommodation, the Court is not required to provide one. An ADA Request for Accommodations Form must be completed. This form is available at the Court’s ADA Office of Coordination.
QWhat services may the Courts provide to qualified individuals with disabilities who need to access a court service or program?
AAccommodations may include:
    • Assistive listening devices;
    • Sign language interpreters;
    • Oral interpreters;
    • Providing materials in large print, braille, diskette, or audio tapes;
    • Reader services;
    • Real-time transcription services (under special conditions). 
QWhat services is the Court not required to provide under the ADA?
  • Transportation to and from the courthouse;
  • Legal counsel or advice;
  • Personal devices such as wheelchairs;
  • Personal services such as medical or attendant care;
  • A modification of a service, policy or an auxiliary aid that would result in a fundamental alteration in the nature of the program or service, or would result in an undue burden.
Additionally, Courts cannot administratively grant requests for extension of time, change of venue, or participation in court proceedings by telephone or videoconferencing as an ADA accommodation. Requests for ADA accommodations that impact court procedures within a specific case must be submitted by written motion to the presiding judge. The judge may consider an individual’s disability, along with other relevant factors, in granting or denying the motion.
QHow much notice must I give the ADA Coordinator to schedule accommodations?

Some accommodations, such as sign language interpreters and real-time reporting, require additional time to schedule. To ensure service availability, it is recommended that you contact the ADA Coordinator at least seven (7) days prior to your court appearance. Please be prepared to explain the nature of your disability and suggest an auxiliary aid or service that will enable you to effectively participate in the court program or service.

QWhat remedies are available to individuals with disabilities who believe their rights under the Americans with Disabilities Act have been violated?
The State Courts System has established grievance procedures that allow for the resolution of complaints without resorting to federal complaint procedures. All persons have a right to pursue complaints of discrimination through the State Court System’s internal complaint procedure. The Eleventh Judicial Circuit has also adopted a grievance procedure as set forth in the Link below. The ADA recommends resolving disputes on a local level, if possible. Individuals who unsuccessfully pursue local remedies are not prevented from later seeking relief through the United States Department of Justice at 1-800-514-0301 (voice); 1-800-514-0383 (TDD) and U.S. Department of Justice ADA Home Page.

ADA Request for Accommodations form
ADA Grievance Procedures
ADA Grievance Statement 
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