Providing Universal Access in Oak Park

Executive Summary

Project History

In August, 1994, the President and the Board of Trustees of the Village of Oak park established the ATask Force on Policy for Promoting Access.@ The members of the task force were charged with advising the President and the Board regarding the use of the Village=s home rule authority to further the underlying purposes of the Village=s Diversity Statement, its Human Rights Ordinance, the Illinois Environmental Barriers Act and the Americans with Disabilities Act of 1990, in a manner which is harmonious with Village goals and objectives. The members of the Task Force developed a great interest in furthering the broad concept of Auniversal access,@ in addition to addressing the specific charge by the Village President and the Board of Trustees.

The Fact Finding Process

The Task Force was divided into three committees, which focused on accessibility issues relating to business, not-for-profit organizations, and government. Each committee investigated the facts, reported findings, and suggested recommendations to the Task Force. Citizen input was solicited and encouraged at focus group meetings.

Task Force members also interviewed employees from the Village of Oak Park, Schaumburg Township and Arlington Heights to gain perspectives on universal access issues and potential solutions and their effectiveness.

Summary of Recommendations

The members of the Task Force offer recommendations that are designed to promote universal access throughout the Village of Oak Park. All of the recommendations are of equal and paramount importance. However, the Task Force strongly recommends the appointment of an AAccess Advisor@ as an essential first step. The Task Force members do recognize that it may be impractical to implement all of the recommendation immediately, however, it is urged that the recommendations that can be done most readily be accomplished first, with attention given to the remaining recommendations in a timely fashion with the caveat that time is of the essence.

The recommendations include the following:

! Creating the position of AAccess Advisor@ on the Village=s staff

! Proactive leadership by the Village government on accessibility issues

! Revision of the Diversity Statement

! Staff commissions to reflect the disabled population within the Village

! Provide incentive awards to encourage efforts in providing universal access

! Require vendors to comply with laws that protect disabled people

! Communicate and collaborate with other government bodies within Oak Park to implement and promote universal access

! Ensure that people with disabilities have equal access to all programs and activities, services, buildings and facilities

! Entities that seek licensing from the Village should be required to participate in a self-evaluation for accessibility

Other recommendations for further research include investigations into upgrading the Village=s infrastructure and housing stock with regard to accessibility issues. Additionally, there should be an investigation into whether accessibility into the Village Hall building by disabled persons is safe and dignified.

Conclusion

The Task Force has provided a variety of recommendations that are significant for the well-being and livability of the community as a whole. The recommendations must be considered in total in order to have the greatest impact on life in Oak Park.

Providing Universal Access in Oak Park

Task Force on Policy for Promoting Access

Recommendations

The Village of Oak Park, through its citizens and elected representatives on the Oak Park Board of Trustees, has always strived to include its entire population as well as its visitors in its activities, business and society. In 1994, in order to further the acceptance of and compliance with accessibility laws and practice, the President and Board of Trustees of the Village of Oak Park created a task force made up of citizens with special expertise in disability law, rights, and practice, other individuals representing the business and not-for-profit organizations and the Committee for the Disabled to study this issue and make recommendations to the Board for action.

Village Board=s Charge to the Task Force:

President and Board of Trustees Policy Statement

on Americans with Disabilities Act

as Adopted August 1, 1994:

In accordance with the Village of Oak Park Diversity Statement, Oak Park Human Rights Ordinance, the Illinois Environmental Barriers Act, the Americans with Disabilities Act of 1990, the Oak Park President and Board of Trustees affirms its commitment that all persons with physical and/or mental disabilities shall not be discriminated against.

In furtherance of this commitment, the President and Board of Trustees hereby establishes a task force to advise the President and Board on how the Village might use its home rule authority to further the purposes of these acts in a manner consistent with other Village goals and objectives. Particular attention is called to the Village=s authority to educate and to license, and to provide grants for goods, services, facilities, privileges, advantages and accommodations.

The Task Force:

Nancy Waichler, Chairperson, League of Women Voters of Oak Park and River Forest Representative

Bruce Azuma, Member of Oak Park Community Relations Commission

Karen Herman DeMuro, Former Executive Director,

Oak Park and River Forest Chamber of Commerce

Robert Dugal, Past Chair, Oak Park Committee on the Disabled

Frank Heitzman, AIA, ASID, Architect, Past Chair, Oak Park Historic Preservation Commission

Felisa Johnson, M.S., J.D., Staff Liaison,

Community and Economic Development Department, Village of Oak Park

Robin A. Jones, Executive Director, Great Lakes Disability and Business Technical Assistance Center

University of Illinois at Chicago

Ronald Lilek, Oak Park Development Corporation Representative

George Pellegrini, Building Owners and Managers Association Board Member

Kim Quarles, Oak Park Visitors Bureau Board Member

Alvoyd AAl@ Whitaker, Member, Oak Park Community Relations Commission

Kathleen C. Yannias, Attorney

Elaine Sherman, Ex Officio, Committee Member, Chair, Oak Park Committee on the Disabled

Our Vision:

Oak Park shall be universally accessible to and useable by all community members, groups, citizens, and visitors.

Our Mission:

To ensure and affirm non-discriminatory access to government programs, goods and services, public accommodations and commercial facilities.

Introduction:

AUniversal Access@ is a term used by the Oak Park Task Force on Policy for Promoting Access to mean that both the buildings themselves and the services offered at those buildings are usable by people with or without disabilities. This term encompasses two requirements of the Americans with Disabilities Act of 1990 (ADA)^{^[1]} and most other federal, state, and local statutes: meaningful access to the services and programs offered by public accommodations^{^[2]} and physical access to buildings.

To provide access to services and buildings may require a change in policies or procedures as noted by the ADA. For example, a person who is blind may need materials in Braille or taped text or need to have materials read aloud. A restaurant may need to instruct its wait staff that menus should be read to patrons on request. A social service agency may need to read written instructions or fill out an application for a person who has a learning disability. A salesperson may need to write notes to a person who is deaf. A doctor may need to provide a sign-language interpreter for a patient who is deaf or purchase a TDD/TTY (text telephone device for people who are deaf, hard of hearing, or speech-impaired). All of these actions provide meaningful access to programs and services for people with disabilities.

Where required by any of the codes, physical access changes must be done in accordance with the applicable code which provides the best accessibility. In Oak Park, the Code Administration Department enforces the Illinois Environmental Barriers Act (EBA)¹ and The Building Officials and Code Administrators National Building Code (BOCA).¹ The Oak Park code administrators are currently required by Illinois law to review both codes to determine which provides greater access. In addition, building owners have the further responsibility to comply with the access standards of the ADA and the Fair Housing Amendments Act (FHAA),^{^[3]} although the Village is not legally required to enforce these laws.

Physical access to buildings and sites (e.g., widening doorways, installing ramps, and other physical modifications) is also required by the ADA, the EBA, and BOCA. In general, all buildings must comply with one or all of these laws, but there are certain exemptions possible under each law. For instance, the ADA does not regulate buildings which are owned by private clubs or religious organizations, but the EBA does. The ADA does not have requirements for privately owned or federally financed housing but the FHAA and the EBA both have requirements for housing. The ADA does not require an elevator in privately-owned buildings which are less than 3 stories in height or less than 3000 square feet per floor unless an upper floor contains the professional office of a health-care provider, but the EBA does require an elevator in all buildings with certain limited exceptions (e.g., an upper floor of 1000 square feet or less in area). In both the ADA and the EBA there is a provision which excepts the requirement for an access feature in an existing building if providing that feature would necessitate moving a major structural load-bearing element. Also in all codes, some latitude is given for strict compliance in historic buildings.

In order to understand the impact of any proposed policy promoting Universal Access in the Village of Oak Park it is essential to understand the number of individuals who may be impacted by such a policy. For the purposes of this document, we have identified three groups who are directly affected by these recommendations:

1. Residents of Oak Park who have disabilities.

2. Visitors to Oak Park who have disabilities.

3. Businesses operating within Oak Park.

The physical structures within the Village of Oak Park often present a barrier to creating access due to the era of construction. Approximately 53 commercial buildings within the Village have some form of historical designation, and it is estimated that approximately 162 businesses are located in street level storefronts of historic buildings. There are 2,257 total businesses and organizations in Oak Park. The majority, 1,747, are Asmall business@ ($1 million or less in gross revenues). This number excludes not-for-profit organizations and governmental agencies as well as home businesses. It is unknown as to how many of these businesses are Aaccessible@ to individuals with disabilities.

The 1990 Census data provides some insight into the sector of the population of Oak Park that has identified themselves as having a disability. A total of 1,335 individuals aged 16 and over have a mobility limitation that makes it difficult to go outside the home alone, and 1,603 have a limitation in their ability to take care of their own personal needs, such as dressing, bathing, or getting around inside the home. An additional 508 persons, aged 16 to 64, identified themselves as having a disability that prevented them from working. Of those reporting the presence of a disability, 1,416 individuals were between the ages of 16 to 64, and 1,118 were over the age of 65. Statistics regarding the number of individuals below the age of 16 are not available. Please note that this data does not represent the total scope of prevalence of disability in Oak Park due to the fact that reporting is voluntary and many individuals with disabilities do not identify themselves as having a disability due to fears of discrimination.

Tourism is a major industry in Oak Park. In 1994, it was determined that approximately 86,000 individuals are drawn to Oak Park annually to participate in Hemingway and Frank Lloyd Wright Home and Studio events. Using the U. S. Bureau of Census projection that 1 in 5 persons in the general population has some form of disability, we estimate that approximately 17,000 individuals with some form of disability participate in these tourism activities alone. These figures do not account for the number of individuals who patronize the shops, theaters, restaurants, medical facilities or professional offices located within the Village on a yearly basis.

Process:

Members of the task force brought a broad range of experiences and expertise to the discussion. The task force divided itself into three major committees which were charged with investigating one particular aspect of the study in depth:

Business Issues Committee

Not-for-profit Organization Issues Committee

Government Issues Committee

Each committee made its own investigations of the facts of its particular issue, tried to find solutions where warranted, and reported their findings to the full Task Force for discussion and action. Citizen ideas and concerns were vigorously sought by the committees, and ultimately formed the basis of their recommendations. Community input was solicited through four separate focus group meetings. One was made up of representatives of Oak Park businesses, a second was made up of representatives of not-for-profit organizations, and third and fourth focus group meetings were made up of disabled citizens, their family members, and representatives of several village government bodies.^{^[4]}

In addition to committee assignments, individual task force members researched statistical information and interviewed employees of the Village of Oak Park. Other communities= responses to the need for access were also investigated, and their solutions were brought before the scrutiny of the task force in view of Oak Park=s characteristic circumstances.

Out of these deliberations has come a collection of straightforward recommendations to the Board (Part AI@ below) and recommendations for further study of certain special issues (Part AII@ below). These proposals are listed herein below.

It is this Task Force=s hope that all of these recommendations will be given a thorough evaluation by the Board, will be discussed in public forum, and ultimately, all of the recommendations addressed in Part I should be adopted as a part of our community=s principles, and that solutions should be developed to the issues presented in Part II.

Part I

Recommendations:

This part includes specific suggestions agreed upon by the entire Task Force which it believes will be the most beneficial in communicating the law and ethics of universal access and implementing it in our community. With the singular exception of the first suggestion below, there is no order of priority. Similar to the process of providing access itself, the Task Force=s position is that they are all equally important. Do all of them, but do those that can be done most readily first.

1. Access Advisor

Overarching all of the following Task Force recommendations is the need for ongoing and continuous dissemination of correct information about access to the public. We propose that an individual be placed on the Village Staff to serve a variety of functions relating to the Village=s mission of providing Universal Access. Some of these duties will be as follows:

The Access Advisor will create and periodically update a long range village-wide plan for access.

L The Access Advisor will review plans for new construction and alterations submitted to the Village for building permits with regard to compliance with the Illinois Accessibility Code.

L The Access Advisor will create a self-evaluation checklist for businesses, institutions and not-for-profit organizations.