AMERICANS WITH DISABILITIES ACT (ADA) POLICY
Approved by Library Board: 01/28/13; revised 4/25/22
The Wixom Public Library (“Library”) is subject to the provision of the Americans with Disabilities Act (“ADA”). The ADA requires that no qualified individual with a disability shall, on the basis of a disability, be denied the benefits of local government services, programs, or activities.
I. Policy: Reasonable Accommodations
A. Applicability. Reasonable accommodations may be made in accordance with the law for individuals with a disability. A “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities.
B. Accommodations Requested. Individuals needing special auxiliary aids or services or other reasonable accommodations for access to Library programs, services, activities, or meetings should make a request by contacting the Library Director within a reasonable time in advance of the needed service, program, activity. or meeting in order that arrangements may be made.
The person requesting the accommodation shall work with the Director to determine whether there is a reasonable accommodation that would enable the person to participate in the program, service, or activity at issue. This may include providing information regarding the requested accommodation to the extent such inquiries are permitted by law.
C. Reasonable Accommodations. The Library shall make reasonable modifications to policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity or impose an undue financial or administrative burden. The reasonable accommodation is not always the accommodation that is requested.
II. Policy: Service Animals
A. Service Animals Permitted. Animals are not permitted in the Library other than Service Animals (as defined by law) for those individuals with disabilities, those used in law enforcement or for Library programming. Service Animals are permitted to accompany individuals with disabilities in all areas of the Library where the public is allowed to go.
B. Permitted Inquiries. The Library is permitted to ask the person requiring a Service Animal the following questions: (i) is the animal a service animal required because of a disability? (ii) what work or task has the animal been individually trained to perform? The Library may not ask about the individual’s disability, require medical documentation, require a special identification card, or ask that the service animal demonstrate its ability.
C. Removal of Service Animals. A service animal may be removed for either of the following reasons: (i) the animal is out of control and the handler does not take effective action to control it; or (ii) the animal is not housebroken.
III. Policy: Reasonable Accommodations Dealing with Wheelchairs, Mobility Aids, and Other Power Driven Mobility Devises
When Permitted. Wheelchairs, Mobility Aids, and Other Power Driven Mobility Devises (“OPDMDs”) are only permitted by those who require them because of a disability. All other uses of OPDMDs inside the Library are prohibited. The Library is permitted to ask the person using the device to provide a “credible assurance” that the device is necessary because of a disability. The Library Director or his or her designee shall obtain such credible assurances if required.
Where Permitted. OPDMDs shall be permitted in all areas where patron pedestrian traffic is permitted. When not in use, OPDMD’s must be left in a location that does not impede patron traffic or use of Library equipment.
Speed. OPDMDs shall be operated at the speed of walking pedestrian traffic, which is approximately 3 miles per hour.
Prohibited OPDMDs. OPDMDs that use a gas or combustion engine are prohibited from operating inside of the Library.
IV. Grievance Procedure
This Grievance Procedure is established to meet the requirements of the ADA. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability by the Library in the provision of its services, activities and programs. Please note that the policy applies to patrons and users of the Library.
A complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means for filing a complaint, such as personal interviews or a tape recording, will be made available for persons with disabilities upon request. A complaint should be submitted by the grievant or his/her designee as soon as possible but no later than 15 business days after the date of the alleged violation to:
Library Director
49015 Pontiac Trail
Wixom, Michigan 48393
(248) 624-2512
Within 15 business days after receipt of a complaint, the Library Director or designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 business days of the meeting, the Library Director will respond in writing and, when appropriate, in a format accessible to the complainant, such as large print or audio tape. The response will explain the position of the Library and offer options for substantive resolution of the complaint.
If the response by the Library does not satisfactorily resolve the issue, the complainant or his/her designee may appeal the decision within 15 business days after receipt of the response to the Library Board. After receipt of the appeal, the Library Board shall hear the appeal and notify the complainant in writing and, when appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by the Library Director or the Library Board of Trustees will be retained by the Library for at least three years.