The US Department of Justice (DOJ) recently reached a settlement with the City of Dayton, Ohio, and the Dayton Police Department (DPD) under Title II of the Americans with Disabilities Act (ADA). The settlement resolves allegations that the Dayton Police Department discriminated against a driver, who uses a wheelchair, during a traffic stop.

The DOJ initiated this matter based on a complaint filed with the DOJ against DPD alleging discrimination on the basis of disability. Complainant is paraplegic and uses a wheelchair for mobility. During a traffic stop DPD officers ordered him to exit his car so that they could conduct a discretionary “free air sniff” for drugs using a dog. Complainant then told the officers that he could not get out of his car because he is paraplegic, did not have his wheelchair with him in his car, and that he could be injured if required to exit the car. He also asked the officers to call a supervisor. The officers did not call a supervisor. The officers knew that Complainant did not have his wheelchair. The officers forcibly pulled Complainant out of the car, threw him on the ground, handcuffed him, and dragged him to the police car causing injury.

As a result of this settlement. numerous requirements were placed on the DPD including within 30 days of receiving approval from the DOJ of the policies, practices, and procedures required under this Agreement, and at least once annually throughout the term of this Agreement, DPD will provide training, by a trainer approved by the DOJ, on Title II of the ADA to all DPD police officers.

Every 6 months after the effective date of this agreement, DPD shall submit written reports including supporting documentation to the DOJ by e-mail listing all steps taken during the reporting period to comply with each provision of this Agreement.

SUMMARY: Almost all agencies are required to comply with the ADA. Agencies or entities who choose to disregard the ADA are subject to legal liability under Title II or Title III of the ADA.