016-1996 DM
,.-.
CITY OF MIAMI BEACH
MEMORANDUM
DATE:
May 1, 1996
Departmental Memo No. 16-1996
TO:
All Department Heads
FROM:
Jose Garcia-Pedrosa, City Manager
SUBJECT: City-sponsored activities in acc ssible locations.
The Americans with Disabilities Act (ADA) provides that the City may not hold
any functions or activities, nor sponsor any, in facilities that are not accessible to
persons with disabilities. In addition, the City Commission, this past year, passed
a resolution requiring any firm or business entity seeking to do business with the
City to be in compliance with ADA.
,.-.
In accordance with the law and the City's stated policy of not discriminating
against our residents and visitors with disabilities, no City department or program
may hold or sponsor any activity in a private sector location where such location,
or all portions of such facility that would be used for the activity (including
restrooms) are not fully accessible to persons with disabilities.
It will be the responsibility of each department head to inquire ofthe facility
whether it is accessible and to make such a determination of a facility's
accessibility prior to scheduling an event or activity there. Gladys Salas,
Accessibility Inspector, in the Building Department (X-6888) and Robert Fine, the
City's ADA Coordinator (x-7193) are available to assist you when questions arise.
JGP:HM:RF
cc: Murray Dubbin, City Attorney
Donald Papy, Deputy City Attorney
Phillip Azan, Building Official
Robert Fine, ADA Coordinator
Copies to:
Mayor Seymour Gelber
Corom. Sy Eisenberg
Corom. SUsan GOttlieh
Corom. Nancy Liebman
Corom. Neisan Kasdin
Corom. David pearlson
Corom. Martin Shapiro
,.-.
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CITY OF MIAMI BEACH
MEMORANDUM
DATE:
May I, 1996
VIA:
Jose Garcia-Pedrosa, City Manager
Harry Mavrogenes, Assistant City Manager ~
Robert S. Fine, ADA Coordinator ~
SUBJECT: City-sponsored events in accessible locations.
TO:
FROM:
At the most recent meeting ofthe Mayor's Barrier-free Environment Committee,
the subject of accessibility to the second floor of the YUCA Restaurant, on
Lincoln Road, was brought up. The Committee recognized that under some (very
limited) circumstances, it is possible for a business to have a second floor without
.~ vertical accessibility and be legal under ADA and the Florida Accessibility Code.
The Committee's concern is that the City could hold a function at the upper floor
of one of these businesses and technically not be in violation of the City
Commission's resolution regarding the City not doing business with businesses
that do not comply with ADA. From a strictly ADA point of view, the law
requires that the City not hold functions in non-accessible locations.
In this context, the Committee has asked that I forward a request to you to
implement a policy whereby no City or City-sponsored function may take place in
a restaurant or other facility that is not accessible, or in the non-accessible
portions of businesses. The second floor of a business without an elevator, for
example, would not be acceptable. The accessible ground floor of such a business
would, however, be acceptable.
I have attached for your signature a memorandum informing City departments of
policy regarding the above.
RS. Fine
r-
cc: Donald Papy, Deputy City Attorney wi attachment
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