Each of these examples illustrates violations of state laws that prohibit discrimination against persons with disabilities. This article will briefly describe these laws and their general application to park districts and recreation departments. These laws affect a wide range of considerations undertaken by both professional and elected parks and recreation personnel including programming, rule-making and enforcement, staff training, site selection and site design, construction or remodeling.

Discrimination defined

The Illinois Human Rights Act is the State's broad civil rights law that prohibits discrimination on the basis of sex, race, age, religion, handicap and other designated status types. The Act protects persons who fall within these categories from discrimination in real estate transactions, employment, financial credit, higher education and public accommodations.

Handicap is defined as: "a determinable physical or mental characteristic . . . which may result from disease, injury, congenital condition of birth or functional disorder. ..." Ill. Rev. Stat., ch. 68, par. 1-103 (I). Examples of handicaps are visual or hearing impairments, mental retardation, paraplegia, arthritis and heart disease. Also protected are persons with the history of such characteristics (such as a recovered cancer patient) or the perception of such characteristics by the person complained against (such as a person who has tested positive for the AIDS antibody but manifests no symptoms of the disease).

Article V of the Act requires that park and recreation programs made available to the public be offered in a non-discriminatory fashion.¹ This standard includes the facilities, privileges, services or property offered by or under the care of a public official. The Act specifically identifies officers or employees of park districts, forest preserve districts or other municipal corporations as examples of public officials.

Pursuant to the Act, the person's disability must be unrelated to his or her ability to benefit from the place of public accommodation. However, non-discriminatory programming does require that a "reasonable accommodation" be made to the needs of a disabled person.² The phrase "reasonable accommodation" is a legal term derived from federal antidiscrimination law. Courts have determined that whether an accommodation is reasonable depends on such factors as cost, disruption to the overall program and whether an accommodation will achieve the desired access. These are also the "yardsticks" utilized in the rules of the Department of Human Rights.

Making a wrong a right

With the statutory framework of the Human Rights Act in mind, let us return to the examples of impermissible discrimination at the beginning of this article. In the first two examples, a simple (and reasonable) accommodation can make the program accessible to the disabled person. A sign language or voice interpreter can be provided (at the district's expense) for the deaf softball player. The "no dogs" rule must be waived so the child can participate. Program locations may also operate impermissibly to exclude disabled persons. For example, a photography class may be offered at an old building site, not required to be accessible under state law, that has a staircase leading to the building entrance and no ramp access. This may exclude participation by persons using wheelchairs, walkers or who have mobility limitations due to heart or lung conditions. The construction of a ramp or the relocation of the course to an accessible site are both examples of a reasonable accommodation.

Discrimination becomes a costly oversight

The requirement of the Act that pro-

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grams available to the public must be offered in a non-discriminatory fashion should not be taken lightly. Failure to do so can be the basis for a disabled person to file a charge of discrimination under the Act. This can be costly to the district. A successful complainant can be awarded actual damages and attorneys fees, in addition to corrective orders that require program access.

The Act does not require affirmative action, i.e., if the district does not offer a softball league, its failure to do so is not per se discriminatory nor can it be mandated to do so at the request of a disabled person. However, once the district offers such a program, it must do so in a non-discriminatory fashion.

The second state law that has a major impact on park and recreation programs is the Illinois Environmental Barriers Act (EBA), Ill. Rev. Stat., ch. 111 1/2, par. 3771 et seq. That law is a strong new tool to reduce environmental barriers and enable disabled persons to live, work and participate in community life as fully as possible.

The EBA applies to all public facilities, including privately owned facilities which are used by the public. Examples of public facilities covered by the Act are government buildings, restaurants, theaters, recreational facilities, office buildings and stores. Both new construction and alterations to existing facilities are covered by the law.

The Act is implemented through the use of technical design standards called the Illinois Accessibility Code. Any new construction, addition or alteration of park and recreation facilities and sites must be done in accordance with the requirements of the Act and the Code. Building and site features such as accessible entrances, parking, interior and exterior paths of travel, bathrooms, locker rooms, signage and telephones are covered. Also included are requirements specific to recreational facilities such as fishing piers, picnic areas, trails, swimming pools, concession stands, craft areas and playgrounds.

The third and fourth examples presented at the beginning of this article contain scenarios that trigger application of this Act. In the third example, all of the facility, as new construction, is required to be accessible. Elevator, ramp or platform lift access to the second floor is required. In the fourth example, the fishing site must be designed with appropriate parking, ramps and trail access.

The EBA sets forth civil and criminal penalties for violations by such persons as design professionals, owners and building permit issuers. Civil enforcement of the law is the responsibility of the Office of the Attorney General.

Conclusion

The two major state laws discussed above require that park and recreation programs be offered in a non-discriminatory fashion and that sports and recreational facilities and sites be accessible to persons with disabilities. Many problems arise through lack of education or the perpetuation of antiquated or negative attitudes regarding the rights of persons with disabilities. Awareness of, and compliance with, these legal requirements at the training and planning stages avoids exposing the district to any liability. Questions concerning compliance with these laws or further information can be obtained by contacting: