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The Scenario: An Inaccessible Copier at a County Library  Go back to Table of Contents Go back to Scenarios and Sample Letters of Complaint Go forward to An Inaccessible Telephone Banking System
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A description of the scenario:
- Person who uses a wheelchair
- Wants to use county library's copier to copy pages in books and magazines
- Copier is too high for use by a seated person
- Control panel is difficult to read from a seated position
Which complaint procedures apply to this scenario?1
Does the problem involve...
- Telecommunications? No.
- Job-related Technology? No.
- Technology used in a government-funded program or activity? Yes!
- Technology provided by or used to access private businesses? No.
- Televised information? No.
1The decision logic used in this scenario is based on the approach described in the section called, Which Complaint Procedure Applies to You.
Our choices related to government-funded program or activity include:
- ADA Title II (public transit)? Not applicable.
- Section 508? Does not involve the Federal Government.
- Section 504? Only if the County library receives Federal financial assistance.
- ADA Title II (state or local government)? Bingo!
Sample Letter of Complaint for
An Inaccessible Copier at a County Library
Your Street Address
Your City, State, Zip Code
January 28, 2004
Some County Public Library System
Director, Library Department
123 Main Street, SE
Pleasantville, OH 45678
To whom it may concern:
Re: Copiers at Central Branch of County Public Library System
On January 25th, 2004, I tried to use the copiers that are located at the central branch of the county library. Unfortunately, as a person who uses a wheelchair, I cannot use the copiers because they are too high and their control screens are too difficult to read from where I sit. I am interested in working with you to make them more accessible (or to find new copiers that are accessible) so people with lower mobility impairments can enjoy the use of the copiers at all branches of the county library system.
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Letter writing tips: In this introductory section of the letter, introduce yourself as a member of the public, and state the accessibility problem and your willingness to work with the County government. |
Specifically, I find it difficult to place and retrieve documents on the glass surface of the copier because the surface is located above the height of my shoulder. When I do manage to place the book on the copier, it often is not centered exactly right. I also have difficulty reaching and lowering the document cover. In addition, the screen that controls the number of copies and the types of paper is an LCD screen, which is impossible to read from my angle of sight. Typically, with this type of screen, the user must view it from directly overhead so the letters and numbers are legible.
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Letter writing tips: In this section of the letter, describe how your functional limitation affects your ability to use the system, and describe what happens and what does not happen. Back to the letter... |
Because I cannot use the copiers, I have to do one of the following to record the information I need: (1) make handwritten notes (or type the information into my laptop computer), or (2) ask the librarian or another patron of the library to make copies for me. When I conduct research, I often need to return to the copier several times during the course of one visit to the library. Having to continually request assistance from employees who have other tasks or library patrons who have their own work is both difficult and demeaning. Although I want to be able to complete my research independently, I am unable to do so because of the limitations presented by your copiers. Not being able to use the copier on my own severely limits my ability to use the information that is found in reference books and journals since these resources cannot leave the library.
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Letter writing tips: Describe the personal hardship that results from your inability to use the technology. |
There are ways to make your copiers more accessible to me and other people who use wheelchairs. For instance, some copiers can be controlled by a PC that is attached to the copier. When the PC is located near the copier on a table at a suitable height, a user in a wheelchair can select the desired options, e.g., the number of copies and the type of paper, that are usually accessed through the standard (but inaccessible) control panel. There are also document feeders that operate in a similar fashion, i.e., through a separate component that provides the desired functionality of capturing the document image, but which can be located and operated at a lower height.
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Letter writing tips: Suggest some solutions to the accessibility problem. |
When the library replaces the existing copiers, accessibility features should be a mandatory part of the procurement specifications, and, when possible, fully accessible copiers should be purchased from the start. I am ready and willing to work with the County to help you find a solution to the immediate problem - and to help you define accessibility requirements for future purchases of copiers. (I also can help you assess the accessibility of different copiers during the proposal evaluation phase of the procurement.)
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Letter writing tips: Offer to help the government department to define accessibility requirements and to test technology that is being considered for purchase, if you can. |
Title II of the ADA requires state and local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. State and local governments are required to undertake methods that result in making their services, programs, and activities readily accessible and usable by people with disabilities unless doing so would result in an undue burden to the government or a fundamental alteration to the program. One way that a public entity may comply with Title II is by redesigning equipment to make it accessible to people with disabilities. In this case, making your copiers accessible to people with disabilities would not result in an undue burden or a fundamental alteration of the library service.
In addition, Section 504 of the Rehabilitation Act states that people with disabilities will not be denied the benefits of a program or activity that receives Federal financial assistance. If the County library receives any Federal financial assistance, Section 504 also would apply to this situation.
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Letter writing tips: List the laws that may be violated, if you know them. |
Please contact me at the above address or by phone at 555-555-6789 (home) to discuss this issue. I would appreciate a reply by March 1, 2004. I look forward to working with you on a resolution to my accessibility problem.
Sincerely,
Reid Moore
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Letter writing tips: Tell them the best way to contact you, and propose a deadline for their response. |
cc: Jane Smith
Director of Information Technology
Some County Government
123 Main Street, SE
Pleasantville, OH 45678
John Johnson
Director of Procurement Services
Some County Government
123 Main Street, SE
Pleasantville, OH 45678
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Letter writing tips: At the end of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant. |
Final tip for this scenario:
If you cannot resolve this problem by working with the County government...
- You can file a Title II complaint with the U.S. Department of Education or the U.S. Department of Justice (DOJ)
- Public entities that have 50 or more people are supposed to adopt a grievance procedure and designate an employee to carry out Title II responsibilities
- DOJ has delegated the handling of different kinds of ADA complaints to different federal agencies. The Department of Education handles library complaints, but you can also file with DOJ, which will then refer the complaint to the appropriate agency
- You also can file a private lawsuit in Federal court
Go back to Table of Contents Go back to Scenarios and Sample Letters of Complaint Go forward to An Inaccessible Telephone Banking System
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Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org
Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org