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ADA Title II Complaints: What You Need to Know

J. Courtney Cunningham Attorney at Law Feb. 12, 2025

According to the U.S. National Archives and Records Administration, the Americans with Disabilities Act (ADA) was enacted in 1990 to make sure that individuals with disabilities have equal rights and opportunities. Title II of the ADA specifically addresses disability discrimination by public entities, including state and local governments.

If you believe your rights under Title II have been violated, understanding the complaint process is crucial for seeking justice. A disability discrimination attorney at J. Courtney Cunningham Attorney at Law can help you through the process if you need help in The Villages, Ft. Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, Jacksonville, and Miami, Florida. 

Understanding Title II of the ADA

Title II of the ADA prohibits discrimination by public entities against individuals with disabilities. This includes all services, programs, and activities provided by state and local governments. Title II applies to:

  • Public transportation systems

  • Public schools and universities

  • Local government services, such as libraries and recreation centers

  • Law enforcement and emergency services

  • Publicly funded housing programs

Public entities are required to:

  • Make reasonable modifications to policies, practices, and procedures to facilitate accessibility.

  • Make sure that communications with individuals with disabilities are as effective as communications with others.

  • Remove barriers in facilities to allow for equal access.

Violations of these provisions can lead to legal action or administrative complaints. Additionally, public entities are responsible for proactively assessing their services and programs to facilitate compliance with ADA standards. This includes conducting accessibility audits and providing staff training on ADA requirements.

Examples of Title II Violations

Understanding what constitutes a Title II violation can help you recognize when your rights have been infringed. Here are common examples:

  • Failure to provide reasonable accommodations:

    • A public school refusing to implement an Individualized Education Program (IEP) for a student with a disability, thereby limiting their access to education tailored to their needs.

    • A city office failing to provide wheelchair-accessible entrances, making it impossible for individuals with mobility impairments to access essential public services.

  • Inaccessible public transportation:

    • A bus system lacking functioning lifts or ramps for wheelchair users, effectively excluding them from public transit.

    • Failure to announce stops for visually impaired passengers, leaving them unable to get through the transit system independently.

  • Discrimination in public services:

    • Denial of participation in government programs based on disability, such as excluding someone from community development initiatives because of their disability.

    • Failure to provide sign language interpreters at public hearings or events, which can prevent deaf individuals from engaging in civic activities or voicing concerns.

  • Inaccessible facilities:

    • Restrooms in a public library not accommodating individuals with mobility impairments.

    • Public parks without accessible pathways or amenities, excluding individuals with disabilities from recreational opportunities that others enjoy.

  • Discriminatory law enforcement practices:

    • Police officers failing to provide appropriate accommodations during interactions with individuals with disabilities, such as communication aids for deaf individuals.

    • Jail facilities that do not provide accessible cells or services for inmates with disabilities.

These examples illustrate the wide range of scenarios where Title II violations can occur. Recognizing these issues is the first step in addressing them. If you believe you’ve experienced discrimination, it’s important to take action with a disability discrimination attorney. Here’s what you need to know about filing an ADA Title II complaint.

How to File a Title II Complaint

Filing a complaint under ADA Title II involves several steps. Accuracy and thoroughness during this process are essential for a successful resolution.

Gather Information

Before filing, collect all relevant information, including:

  • A detailed description of the incident

  • Dates, times, and locations of the alleged violation

  • Names and roles of individuals involved

  • Any correspondence or documentation supporting your claim

This information provides a clear foundation for your complaint and helps the investigating authority understand the nature of the violation.

File the Complaint

You can file a Title II complaint with the U.S. Department of Justice (DOJ) or directly with the public entity in question. To file with the DOJ:

  • Online: Use the ADA complaint form on the DOJ’s website.

  • Mail: Send a completed ADA complaint form or written letter to the DOJ’s Civil Rights Division.

  • Email: Submit your complaint electronically to the DOJ.

When filing with the public entity, contact their ADA Coordinator or designated office to submit your complaint. Include all relevant details and supporting documentation to strengthen your case.

Follow Up

After submitting your complaint, you’ll receive an acknowledgment from the DOJ. The DOJ may:

  • Investigate the complaint

  • Refer it to another agency with jurisdiction

  • Offer mediation services to resolve the issue

It’s important to keep track of correspondence and updates regarding your case. Regular follow-ups can help you make sure your complaint is progressing. Filing a complaint is just the beginning of the process. Understanding what happens after you file can help you prepare for the next steps and set realistic expectations for resolution.

What Happens After Filing a Complaint

Once your complaint is submitted, the process involves several potential outcomes:

  • Initial review:

    • The DOJ or relevant agency will review your complaint to determine if it falls under their jurisdiction.

    • If the complaint is outside their purview, they may refer it to another agency or inform you of other legal options.

  • Investigation:

    • The DOJ may conduct a formal investigation to gather additional evidence.

    • This can include interviews, site visits, and document reviews.

  • Resolution options:

    • Mediation: In some cases, the DOJ may offer mediation services to help both parties reach an agreement.

    • Compliance agreements: The public entity may agree to make changes to address the violation.

    • Litigation: If the issue isn’t resolved, the DOJ may file a lawsuit on your behalf.

  • Timelines:

    • The resolution process can take several months or longer, depending on the case.

While the DOJ’s involvement can lead to significant outcomes, not all cases reach a favorable resolution through administrative channels. This is where legal representation from a disability discrimination attorney becomes critical.

While filing a complaint with the DOJ is a significant step, getting through ADA Title II cases often requires professional legal assistance. Let’s explore how a disability discrimination attorney can strengthen your case.

The Importance of Legal Representation

Hiring an experienced disability discrimination attorney can make a substantial difference in the outcome of your ADA Title II complaint. Here’s why:

  • Legal expertise:

    • Attorneys understand the nuances of ADA regulations and can identify the strongest aspects of your case.

  • Effective advocacy:

    • A disability discrimination attorney can negotiate with public entities or the DOJ to secure favorable outcomes.

  • Comprehensive case preparation:

    • Attorneys can gather evidence, draft compelling arguments, and allow all procedural requirements to be met.

  • Litigation support:

    • If your case goes to court, having legal representation allows your rights to be effectively defended.

A disability discrimination attorney can guide you in seeking damages or other remedies that may not be available through administrative processes. This holistic approach can provide greater relief and accountability for violations. The ADA Title II complaint process can seem intimidating, but understanding your rights and the available resources can empower you to take action.

Contact Us Today

Title II of the ADA is a powerful tool for facilitating equality and accessibility in public services. If you’ve experienced discrimination, it’s crucial to seek professional legal assistance from a disability discrimination attorney to strengthen your case. Contact J. Courtney Cunningham Attorney at Law in Miami, Florida today for a consultation and take the first step toward justice.