[EXT EMAIL] Brief Comments on Draft SETP
Sat 1/27/2024 5:29 PM
To: Almilli, Lisa <[email protected]>
Brief comments on the significant deficiencies of the Draft Self-Evaluation and Transition Plan
1. The “Self-Evaluation” portions are incomplete, omit many facilities and programs, and the time schedules are non-compliant. Self-Evaluation is a process, not a report.
Self-Evaluation involves evaluating literally “everything that a city does” and the making of each and every program, activity, and service accessible, including the removal of physical barriers that prevent access. The time limit for this Program Access is three years (the regulation specified a static date three years after the required completion deadline, but the DOJ allows a dynamic three-year period.)
2. Programs, services, and activities, including special events, that were created after the passage of the ADA, e.g., NAC activities, Chaffey College programs, and downtown public parking services, etc., are required to be made fully accessible, at maximum, within the Program Access three-year window. Only programs that existed prior to the enactment of the ADA are eligible for scheduled barrier removal. Programs created after the effective date of the ADA are required to be fully compliant now and were required to be fully compliant at the time of creation.
3. The incomplete Self-Evaluation includes barrier removal schedules for Program Access Only facilities that existed prior to the enactment of the ADA, and have not been subsequently altered, are eligible for Program Access. This includes facilities of all types, including streets, parks, pedestrian pathways, public furnishings, etc., not just “buildings”. All public facilities constructed or altered after July 26, 1992, are required to already be fully accessible.
4. The Transition Plan does not identify or properly schedule the two basic barrier removal types, or schedule their times of removal properly. All physical barrier removals necessary to make city programs, services, or activities accessible (Program Access) must be schedule and completed with the dynamic three-year period. The long-term Transition Plan is for scheduling only removal of the barriers that are not required for Program Access.
5. The Transition Plan includes significant numbers of facilities and elements that were constructed and altered after July 26, 1992. Those items are required to fully accessible now, and at the time they were constructed or altered.
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