A Meaningful Opportunity to Participate
A Handbook for Georgia Court Officials on Courtroom Accessibility
for Individuals with Disabilities
A Handbook for Georgia Court Officials on Courtroom Accessibility
for Individuals with Disabilities
PART IV:
Part IV: Removing Common Barriers to Access
Page 3 of 3
Facility Access
If a courthouse is inaccessible, because doorways are too narrow, restroom facilities are inaccessible, or steps are the only way to get to all or portions of a facility, people with mobility, visual, and hearing impairments may not be able to fully participate in jury duty, attend hearings, and gain access to other services. Title II of the ADA calls on state and local courts to ensure that their programs, services and activities are accessible to people with disabilities, even if located in older buildings, unless to do so would fundamentally alter a program, service, or activity or result in undue financial or administrative burdens. This requirement is called program access.
Program access may be achieved by a number of methods. While in many situations providing access to facilities through structural methods, such as alteration of existing facilities and acquisition or construction of additional facilities, may be the most efficient method, a court system may pursue alternatives to structural changes in order to achieve the necessary access. The court can:
relocate the program or activity to an accessible facility;
provide the activity or service in another manner that meets ADA requirements; or
make modifications to the building or facility itself to provide accessibility.
However, when choosing among available methods of providing program accessibility, the court must give priority to those methods that offer services, programs, and activities in the most integrated setting appropriate. The Department of Justice ADA Title II Technical Assistance Manual includes the following illustration:
D, a defendant in a civil suit, has a respiratory condition that prevents her from climbing steps. Civil suits are routinely heard in a courtroom on the second floor of the courthouse. The courthouse has no elevator or other means of access to the second floor. The public entity must relocate the proceedings to an accessible ground floor courtroom or take alternative steps, including moving the proceedings to another building, in order to allow D to participate in the civil suit.
- U.S. Department of Justice, ADA Title II Technical Assistance Manual, http://www.usdoj.gov/crt/ada/taman2.html
Program access is a workable requirement because it is reasonable. The State of Georgia ADA Coordinator stands ready to assist courts in examining options and determining the most appropriate method(s) for achieving program access in a particular court setting.
When accessibility-related architectural and structural improvements are planned, court systems must ensure that they meet applicable state and federal requirements, briefly outlined below.
If a court system cannot renovate or remove all inaccessible barriers, priority should be considered as follows:
Parking, Approach and Entrance: Access must be provided to the courthouse from parking areas, public sidewalks, or public transportation stops that abut or are located on court property. This can include installing accessible parking spaces, widening entrances, constructing ramps, or repairing sidewalks. If the main entrance to a courthouse cannot be made accessible, signage should be posted to direct visitors to the accessible entrance.
Public and Program Access: Access must be provided to and within the rooms and spaces where court programs and activities are conducted, including:
Courtrooms: jury selection and juror assembly rooms, deliberation rooms, judges' benches, jury boxes and witness stands, and stations used by clerks, bailiffs, deputy clerks, court reporters, litigants and counsel. This access can include installing assistive listening systems, Braille signage, or fire alarms with visual alerts in one or more courtrooms, or installing an elevator in an inaccessible building;
Supporting facilities: holding cells, restrooms, court floor holding cells, restrooms, visitation rooms, cubicles and communication devices;
Security Systems: if metal detectors have been installed, provide an alternate means for people with disabilities who use mobility aids such as wheelchairs to pass through these systems such as the use of wands to conduct searches.
Ancillary Areas and Restrooms: A court must include access to public use areas serving the buildings, including cafeteria/snack bars and restrooms. Restroom access includes installing accessible stalls, providing insulation for exposed pipes carrying hot water, adjusting the location of coat hooks, or installing grab bars and raised toilet seats.
Additional Considerations: A court must take other necessary measures needed to remove barriers to accessibility. These measures can include installing accessible drinking fountains, installing no-slip surfaces where appropriate, providing accessibility to offices not generally used by the public, and installing public telephones with volume control mounted at an accessible height.
Where existing space and cost constraints hamper efforts to ensure full accessibility, courts should take the following simple steps to reduce or eliminate situations that may pose unnecessary barriers:
Utilize the Court's Disability/Accommodation protocol to better anticipate when alternative arrangements or relocation may be necessary to ensure that an individual with a disability has the opportunity to fully participate; and
Regularly maintain the court's existing architectural, mechanical and physical accessibility features. If accessibility must be disrupted to perform required maintenance, the work should be scheduled during off hours if possible.
Georgia has many historic county courthouses that represent the importance of justice in the state's rich history. Courts may face significant challenges in making historic courthouses accessible for people with disabilities while preserving the historic character of these structures. According to a 2002 study on historic Georgia courthouses and city halls (an Executive Summary is available at the Department of Natural Resources' website at: http://hpd.dnr.state.ga.us/assets/documents/cthouse_costestimate_summary.pdf), many of these structures may not meet ADA design standards.
The ADA does not exempt historically significant facilities from coverage. If any alterations are made to a historic courthouse - for example, installing an accessible bathroom or water fountain - a court must follow either the ADA accessibility standards or the Uniform Federal Accessibility Standards to the maximum extent feasible. If following these standards would result in damage to the historic significance of the courthouse, alternative standards that provide "a minimal level of access" may be used. The ADA provides that public entities are not required to make structural changes to historic facilities if doing so would "threaten or destroy" the historical significance of the property. This provision applies only to properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under state or local law.
Courts should consult their local historic advisory board or the State Historic Preservation Division regarding such modifications. Members of the community, including people with disabilities, should be invited to participate in whatever process the court uses to make decisions.
Under the program access requirement, if court services cannot be offered to citizens with disabilities in historically significant structures, then the programs or services conducted in the facility must be offered in an alternative accessible manner or location when needed. For example, a rural county court that holds hearings in an inaccessible county courthouse may move proceedings to an accessible courtroom in a city-owned building.
The Georgia Historic Preservation Division (http://hpd.dnr.state.ga.us/) is a resource for courts seeking technical assistance regarding historic courthouse renovation including ADA projects and the impact they might have on the courthouse's historic significance. Rehabilitation projects, which sensitively incorporate ADA improvements, may also be eligible for Georgia Heritage Grants. These are competitive, matching grants for properties listed in or eligible for listing in the Georgia Register of Historic Places. Local governments or nonprofits may apply for predevelopment or development grants. All projects must meet the Department of Natural Resources Standards for Rehabilitation. For information on Georgia Heritage Grants, contact the Historic Preservation Division Grants Coordinator at (404) 656-2840.
New Construction & Alterations
Newly constructed or structurally altered court buildings must be designed and constructed in compliance with federal and state accessibility requirements. Courts should be aware that there can be differences between state and federal requirements in their source, their content, and their legal effect.
Standards and Guidelines
Georgia Law: The Georgia Accessibility Code governs the accessibility of newly constructed or remodeled buildings in Georgia. The Construction Document Review Group at the State ADA Coordinator's office reviews construction documents for accessibility on behalf of the State Fire Marshal's Office. Local governing authorities are responsible for the implementation of the Georgia Accessibility Code for all government or public buildings in their jurisdictions. The Georgia Accessibility Code is available online as an Adobe PDF file at: http://www.inscomm.state.ga.us/DOCUMENTS/120-3-20.pdf.
Federal Law: The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) develops and maintains accessibility guidelines for buildings and facilities. When the Access Board's guidelines are adopted in the U.S. Department of Justice (DOJ) regulations implementing the ADA, they become enforceable ADA standards.
DOJ has adopted standards for generic spaces and elements (such as entrances, hallways, doorways, toilet facilities, and parking spaces). These standards are enforceable for Courts. However, DOJ has not yet adopted standards for elements and spaces that are unique to judicial facilities, such as jury boxes, witness stands, and holding cells.
The Access Board has developed a new set of guidelines that address both generic spaces and elements as well as those that are unique to different types of facilities. These supersede the previous Access Board guidelines. DOJ intends to consider adoption of the new guidelines as a package, including both the generic and the unique elements. In the interim, courts must follow DOJ's standards for generic spaces and may adapt these standards in designing unique element/spaces.
Guidelines for Courtroom Accessibility
The new ADA-ABA guidelines address access to both public and restricted or secured areas of courthouses and judicial facilities, including:
Entrances The guidelines cover access to public entrances and to entrances that are restricted for use by courthouse personnel and detainees. Features that control use, such as intercommunication devices for controlled entry, are addressed so that they are accessible to people with hearing or vision impairments. These devices, where provided, are required to have audible and visual signals. Certain exemptions are provided for entrances and doors used only by security personnel. In addition, access through or around security screening systems, such as metal detectors, is addressed for people who use mobility aids.
Courtrooms
Jury Boxes and Witness Stands Jury boxes and witness stands in each courtroom are required to be accessible. Where such spaces are elevated, a ramp or platform lift is necessary to provide an accessible route for people unable to use steps. Sufficient space as detailed in the guidelines is required for people who use wheelchairs or other mobility devices. Such space is to be located within the defined area of jury boxes and witness stands.
Judges' Benches and Courtroom Stations The guidelines also cover access to judges' benches and courtroom stations used by court personnel or litigants, such as clerk and bailiff stations. Since these spaces are used mainly by employees, the guidelines allow access to be provided on an as-needed basis, provided that certain conditions are met to facilitate post-construction adaptations. For example, steps to a judge's bench are permitted if wiring and other features to support later installation of a platform lift are included in the design.
Spectator Areas Spectator seating in courtrooms is subject to criteria covering assembly areas generally. These provisions specify a minimum number of wheelchair spaces according to the seating capacity. Technical criteria for wheelchair spaces address the minimum size and connection by an accessible route.
Assistive Listening Systems Assistive listening systems provide access for people who are hard of hearing by enhancing the sound signal of audio amplification systems through a receiver. These systems are required in each courtroom to ensure access for people with hearing impairments to court proceedings, whether they are participants or observers. Assistive listening systems are generally categorized by their mode of transmission. There are hard-wired systems and three types of wireless systems: induction loop, infrared, and FM radio transmission. Not all technologies may be suitable for courtrooms. For example, infrared technology is typically a better choice than an FM system where confidential transmission is important.
Jury Rooms and Assembly Areas The guidelines cover access to rooms and spaces used for jury selection and for deliberations by empanelled jurors. An accessible route must serve these spaces and certain elements, where provided, such as drinking fountains and refreshment counters, must comply with applicable access criteria.
Holding Cells Holding cells or rooms within courthouses are required to be accessible. The new ADA-ADA guidelines are written to cover cells individually serving courtrooms as well as central holding facilities within a courthouse. Design criteria are provided for elements that may be provided within cells, such as toilets and benches.
© Georgia Commission on Access and Fairness in the Courts, December 2004
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