The Rights of the Elderly with
Disabilities
Adult Protection and Advocacy
Conference
August 1, 2013
Why This Is Important
 Approximately 2 million people living in Illinois have
disabilities
 Approximately 50 percent of individuals 65 and older
have a disability (U.S. Census Bureau, 2010)
 Close to 40 percent have a severe disability
 You will come across individuals with disabilities in
your work with the elderly and in your daily life. It’s
important to know their rights and how to assist
them.
Disability Rights Bureau
 Respond to complaints of inaccessibility and other
forms of disability discrimination
 Conduct investigations, negotiate, and litigate
 Look for pattern or practice. Others referred to
Department of Human Rights.
 Provide technical assistance to code officials,
inspectors, private businesses, government entities,
and individuals with questions about disability rights
laws
 Provide referrals to organizations, agencies, and resources
Disability Rights Bureau
 Conduct disability training programs for law
enforcement (including elderly service officers),
architects, engineers, courts, governmental
entities, business owners, disability organizations
and other groups upon request
 Create public awareness through presentations
and publications
 Participate in committees
 Work on legislation
AMC Settlement
 Previously only 21 of 246 screens had
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captioning
AMC, largest theater chain in state, worked
cooperatively with us to find a comprehensive
solution
Providing captioning and narrative description
in all AMC theaters by April 2014
Show times of movies with captioning and
narrative description on theater website
Currently installed in at least 96 percent of
screens
Court Disability Coordinators
 Handle accommodations requests and complaints
about physical access
 Work with judges to do so
 Circuit clerks, court administrators, other court
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employees, sheriffs
At least one in every circuit courthouse
Draft policies and train court staff
AG’s office trains and provides technical assistance
If unsure of CDC in particular courthouse call Disability
Rights Bureau
State Law Enforcement/Prosecutor
Protocols
 Best practices manuals and trainings
 Drafted by people with disabilities, state employees,
advocates, attorneys, law enforcement
 Areas covered are elder abuse and neglect, people
with disabilities, and domestic violence
 Covers all stages of investigations and prosecutions,
including interacting with people with disabilities
 Grant from federal government
People First Language
 Emphasize person first:
 Say “person with a disability” rather than “disabled person”
 For specific disabilities say a “person who has epilepsy” or “a
person who is on the autism spectrum” – not epileptic or
autistic
 “Accessible parking” rather than “handicapped parking”
 If you aren’t sure what words to use, ask.
 Using appropriate language demonstrates respect for the
individual as a person and shows your understanding of
disability-related terms.
Disability Etiquette
 Use
 Avoid
 Person with a disability
 Disabled
 Person with a mobility impairment
 Handicapped
 Person who is deaf (unless Deaf
 Crippled, invalid, victim of,
preferred)/hard of hearing
 Person who is blind or has low
suffers from, stricken with
 Hearing or vision impaired
vision
 Mute, deaf, and dumb
 Person who uses a wheelchair
 Wheelchair bound
 Person who has diabetes
 Retard, crazy
Assisting People with Disabilities
 Wide spectrum of disabilities.
 Different needs and abilities
 Different levels of independence
 If help is requested, wait for a reply on how to help or look for other non-
verbal cues
 Challenges for people with disabilities who are victims.
 Attitudes and stereotypes
 Physical accessibility
 Challenges for advocates working with people with
disabilities.
 Understanding their needs.
 Getting law enforcement and court personnel to understand their needs.
 Always speak directly to people with disabilities.
 Example: If a person who uses a wheelchair is with a personal
assistant or family member, speak directly to the person - not his or
her personal assistant or family member.
Wheelchairs or Mobility Devices
 People who use wheelchairs or other mobility
devices have different abilities and needs for assistance.
 Do not lean on, push, or move a person’s wheelchair or
mobility device. It is in their personal space.
 If a long conversation is planned, locate a chair and sit
down to have a conversation at eye level.
Effective, Respectful Communication
 Communicating with individuals with disabilities
should be no different than the same respectful, clear
communication deserved by everyone.
Speech disabilities
 Person who has a stroke, is deaf, uses a voice
prosthesis, or has a stammer may be difficult
to understand.
 Give full attention. Don’t interrupt or finish
their sentence.
 If you don’t understand, ask them to repeat.
 If you still don’t understand, ask them to write it
down or suggest another way of facilitating
communication.
 Quiet environment makes communication
easier.
Learning or Cognitive Disabilities
 Listen carefully
 Speak clearly
 Check for understanding
 Use clear, concrete language. Avoid abstractions,
slang, and jargon
 Allow person extra time to process the
information and ask questions
 Ask the person how they prefer to communicate
(eg. written or verbal)
 Don’t overload the person with too much
information
 Quiet environment if possible
Disability Rights Laws
 Federal Law
 Americans with Disabilities Act
 Title I – Employment
 Title II – State and local government
 Title III – Public accommodations
 Section 504 – Rehabilitation Act of 1973
 Prohibits discrimination on the basis of disability in programs and
activities receiving federal funding.
 Fair Housing Amendments Act
Disability Rights Law (continued)
 State Law
 Illinois Environmental Barriers Act
 Illinois Accessibility Code
 Illinois Human Rights Act
 Service Animal Access Act / White Cane Law
 Illinois Vehicle Code
 Local Law
 Parking Ordinances
 Set Fines
ADA - Title II
 Prohibits discrimination on the basis of
disability in all programs, services, and
activities provided to the public by
state and local governments.
 Effective date – January 26, 1992.
ADA – Title II (cont.)
 Covers all programs, services, activities of state
and local government
 Recreation
 City council meetings
 Libraries
 State hospitals
 Courts
 Police stations, etc.
ADA – Title III
 Prohibits disability discrimination in public
accommodations
 Private entity that owns, operates, leases or leases to
a place of public accommodation and may include:
 Restaurants
 Theaters
 Hotels
 Retail stores
 Doctor’s offices
 Museums, etc.
Providing Equal Access and
Participation under the ADA
 Reasonable modifications (accommodations) of
policies, practices, procedures unless a fundamental
alteration
 Auxiliary aids and services unless a fundamental
alteration or undue burden
 Physical access unless fundamental alteration or
undue burden
 Program access (Title II)
Reasonable Modifications
(Accommodations)
 Allowing water, food, or medical equipment
 Allowing ID other than driver’s license
 Allowing service animal
 Allowing phones or other electronics when security
policy prohibits
 Providing in-home or delivery services
 Modifying schedules or deadlines
Service Animals
 ADA Titles II and III and Human Rights Act
 Modification of no-pet policy
 State criminal laws
 Service Animal Access Act, 720 ILCS 5/48-8
 White Cane Law, 775 ILCS 30
 Cover service animals in training and trainers
 Violation is misdemeanor
Service Animals (cont.)
 Only dogs are service animals
 Except miniature horses may be an accommodation
 Must be individually trained to do work or perform a
task
 Owner is responsible for care of the animal
 Must be under control of handler
 But not required to have a leash or harness if would
interfere with the task
Miniature Horses
Service Animal Tasks
 Guide individuals who are blind or have low vision
 Assist before, during, or after seizures
 Alert people who are deaf or hard of hearing to
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sounds
Provide non-violent protection or rescue work
Pull a wheelchair
Alert to presence of allergens or decreased insulin
Retrieve items such as medicine or a phone
Provide physical support or assist with balance
Prevent or interrupt impulsive/destructive behavior
 Recognition and response: nudging, licking, pressure
Service Animals at Work
Service Animals
 Cannot require payment of fees or surcharges
 No hotel pet cleaning fee
 Can accompany owner wherever public goes
 Restaurants
 Hospitals (except in burn units, operating rooms)
 Not required
 Proof of training
 Certification or license
 Identification
 Harness, vest, or other attire
Service Animal Inquiries
 To determine whether service animal can ask two
questions only
 Do you need this animal because of a disability?
 What work or task is the animal individually trained to
perform?
 Cannot ask nature of disability
 Cannot ask to demonstrate task
 Person can train animal himself or herself/no school training
requirement
 Not appropriate to ask a question if the answer is
apparent
Excluding Service Animals
 Can only be excluded when:
 The animal is out of control and the handler does not
take effective action to control it
 The animal is not housebroken
 The animal is a direct threat to safety
 Must be based on nature of particular animal. Cannot be based
on breed stereotyping
 Common allergies and fear of dogs are not reasons for
exclusion
 Exclude animal – not owner
Assistance Animals in Housing
 Fair Housing Amendments Act and Illinois Human
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Rights Act govern non-public areas of facility
Assistance animals is broader category: includes
service animals and emotional support animals
Emotional support animals do not need to perform
task or have training
Emotional support animals may be of any type
There are no breed restrictions: look at nature of the
animal
Housing provider may request minimal information
from health professional to determine if the person
has a disability and needs the animal
Auxiliary Aids and Services
 Title II and III entities must provide auxiliary aids and
services upon request
 Interpreters, large print format, assistive listening
devices
 Purpose: effective communication and equal
participation
 May not charge for the aid or service
 Primary consideration given to what the person
requests
 Permissible to require reasonable amount of lead time
Auxiliary Aids and Services (cont.)
 Not required to provide
 Wheelchairs/canes
 Hearing aids
 Personal care assistant
Auxiliary Aids and Services for People
who are Blind or have Low Vision
 Qualified readers
 Assistance with forms
 Email documents/refer to websites
 Documents in Word best
 Screen readers/scanners
 Braille
 Large print
 Magnifiers – handheld or software
Helping Those who are Blind or Have
Low Vision
 Identify yourself, department, and others who are
present
 Assistance
 If requested, offer your elbow/arm for guidance
 Verbally describe area as you are walking, noting any obstacles
 Be descriptive when giving directions
 Example – “third door on the left” rather than “down the hall”
 Offer to read written information or describe a picture
Blind or Low Vision (continued)
 Assistance
 With permission, guide person’s hand to a stair banister or back
of a chair for seating
 Let the person know when you are leaving or when someone else
has joined you
Auxiliary Aids and Services for
People who are Deaf or Hard of Hearing
 Qualified Interpreters
 List of Certified Interpreters can be found at:
 http://www.idhhc.state.il.us
 Video Relay Service
 Telephone Relay service
 Dial 7-1-1 or 800-526-0844
 TTYs (in conjunction with computer software
programs)
 Assistive listening systems/devices
 Communication Access Realtime Translation (CART)
Deaf or Hard of Hearing
 Deaf or hard of hearing.
 Speak to the person — not the interpreter.
 Be patient. Communication may take longer.
 Good lighting is necessary because visual cues
and gestures are important.
Deaf or Hard of Hearing continued…
 Ask the person how he or she prefers to communicate
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(sign language, gesturing, writing, or speaking).
Advise the person if you are having trouble
understanding him or her.
Face the person when talking.
Speak clearly. Avoid gum chewing or obscuring your
mouth with your hand.
Use your normal tone of voice and volume.
Use pen/paper, texting, or email as alternative
communication method.
In groups, request that people speak one at a time.
Deaf or Hard of Hearing
 People who are deaf
 May use American Sign Language
 Different language with its own syntax
 Speech (lip) reading is not an effective method to communicate
 Only 30% of speech is discernible by lips.
 People who are hard of hearing
 Varying ranges of hearing loss
 Assistance
 Amplification devices
 Assistive listening systems
American Sign Language
 Not direct translation of all English words /may not
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understand what someone writes
ASL is a visual language and facial expressions are very
important. Most ASL speakers make eye contact and
watch the expressions on each other's faces when
talking; they don't concentrate solely on the hand
signs.
Interpreter must be paid for and provided by the Title
II or Title III entity (doctors, dentists, courts, police
department)
Family or friends cannot interpret (unless emergency)
May also need Certified Deaf Interpreter
CART
Physical Access—ADA
 Requires physical access in places of
public accommodation and state and
local government buildings.
 Effective date – January 26, 1992.
 Scoping is contained in ADA Standards
for Accessible Design (2010)
ADA - New Construction v. Barrier
Removal
 New construction or alterations
 Comply with scoping requirements in Standards
 Built before ADA went into effect and no alterations
 Title III (public accommodations)
 Make accessible to the extent readily achievable (barrier
removal)
 Readily achievable means without much difficulty or expense
 Title II (state and local government)
 Program access
 Relocate program or service or provide by some other means
Environmental Barriers Act
 Illinois law that governs physical access for
people with disabilities.
 Its implementing regulation, the Illinois
Accessibility Code (IAC), dictates the
minimum requirements for accessibility to
public and private facilities located in
Illinois.
 Applies to new construction, additions, and
alterations.
 Went into effect May 1, 1988
Illinois vs. Federal
 IAC covers:
 Private facilities
 Religious entities
 Housing
 State/local government
 IAC has no private right of action
 More stringent requirements:
 Elevators
 Parking
 Entrance door weight
Frequent Complaints
1.
Parking
2.
Entrances
3.
Accessible Routes (sidewalks & curb ramps)
4.
Restrooms
5.
Ramps
6.
Counters
When are Accessible Spaces Required?
 Employee or Visitor Parking Lots
 Apartment or Housing Complex Lots
 Visitor/Employee Parking
 Tenant Only Parking
 Reasonable Accommodation Space
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Illinois Human Rights Act
Federal Fair Housing Act
 On-Street Parking
 No requirement in the Illinois Accessibility Code.
 Possible requirement under IDOT regulations.
 Program and/or service request under Title II.
Number of Accessible Spaces Required
TOTAL OFF STREET SPACES
PROVIDED
NUMBER OF ACCESSIBLE PARKING
SPACES REQUIRED
1 TO 25
1
26 TO 50
2
51 TO 75
3
76 TO 100
4
101 TO 150
5
151 TO 200
6
201 TO 300
7
301 TO 400
8
401 TO 500
9
501 – 1,000
2% OF TOTAL #
OVER 1,000
20 PLUS 1 FOR EACH 100 OVER 1,000
Striping, Size, and Markings
 An accessible parking
space must be a total of
16-feet wide.
 A space may consist of an 8-
foot wide vehicle space and
an 8-foot wide diagonally
striped access aisle; or
 A space may consist of an 11foot wide vehicle space and a
5-foot wide diagonally striped
access aisle.
Correct Striping – 8’ & 8’
Correct Striping – 11’ & 5’
Accessible Parking Signs
 Accessible Space Must be
Designated by an R7-8 Sign
 Reserved Parking
 International Symbol of
Accessibility
 Arrow is optional
 R7-I101 Fine Sign
 Minimum $250 Fine
 A municipality by ordinance
can set a higher fine amount
up to $350.
Parking Signs (continued)
 Sign location
 Maximum 5 foot from the front of the
accessible parking space.
 Mount on a wall or post at the front
center of the parking space
 Sign height
 Minimum 5 foot from finished grade to
the bottom of the R7-8 sign.
Enforcement
 Report vehicles illegally parked in an accessible space
to local law enforcement so they may issue a ticket.
 In 1985, the Attorney General issued an opinion letter
stating that law enforcement officers may enter upon
private property to enforce the accessible parking
provisions of the Illinois Vehicle Code.
 Obstruction of parking places for persons with
disabilities. 625 ILCS 5/11-1301.8
 Keep space clear of obstructions, snow, ice
 Volunteer ticketing program
Frequent Complaints (review)
1.
Parking
2.
Entrances
3.
Accessible Routes (sidewalks & curb ramps)
4.
Restrooms
5.
Ramps
6.
Counters
Emergency Preparedness for People with
Disabilities
 Planning/Preparation
 Involve people with disabilities and organizations
that serve the disability community.
 Notification
 TTY, door to door contact, email, text messaging
 Evacuation
 Transportation
 Shelters
 Communication
Illinois Emergency Management Agency
http://www.state.il.us/iema
Abuse, Neglect and Financial Exploitation
 People with disabilities are at least two times
more likely to be victims of crime.
 People with developmental disabilities are
particularly vulnerable to being victimized.
 Common types of abuse:
 Physical abuse
 Sexual abuse
 Isolation
 Financial exploitation
Abuse, Neglect and Financial Exploitation
 Common indicators of abuse:
 Caregiver does not allow visitors.
 Health problems that aren’t being treated.
 Person in a position of trust is using the person with disabilities’
money for themselves.
 Report abuse or neglect if living in a domestic setting
 Ages 60 or over
 Ages 18-59 with disabilities
 Adult Protective Services – (866) 800-1409
 Report abuse, neglect, or financial exploitation in a group home, day, or
residential program or state operated mental health facility
 Office of Inspector General (DHS) (800) 368-1463
Abuse, Neglect and Financial Exploitation
 Other agencies:
 Nursing home:
 Dept. of Public Health – (800) 252-4343
 Under age 18:
 DCFS (800) 252 – 2873
Other Helpful Bureaus at AG’s Office
 Civil Rights
 Consumer Fraud
 Senior Citizens Consumer Fraud Hotline. 1-800-243-5377
or 1-800-964-3013 (TTY)
 Charitable Trusts
 Healthcare
 Military and Veterans Rights
 Crime Victims Compensation
Resources
 Department of Justice
 www.ada.gov
 800-514-0301
 Great Lakes ADA Center
 http://www.adagreatlakes.org/
 800-949-4232
 Centers for Independent Living
 www.incil.org
 800-587-1227
 Deaf and Hard of Hearing Commission
 http://www2.illinois.gov/idhhc
 877-455-3323
Office of the Attorney General
Disability Rights Bureau
James R. Thompson Center
100 W. Randolph, 11th Floor
Chicago, Illinois 60601
312/814-5684 (v)
800/964-3013 (tty)
disabilityrights@atg.state.il.us
www.illinoisattorneygeneral.gov