ADA Weapons Policy - Superior Court

PURPOSE
POLICY
DEFINITIONS
PROCEDURE
ATTACHMENT "A"

I. PURPOSE

To set guidelines for interacting with persons with disabilities who enter a Weapons-Screening Station at an Alameda County Courthouse facility.

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II. POLICY

All persons entering a Weapons-Screening Station, who fall under the Americans With Disabilities Act (ADA) will be afforded professional treatment. Personnel working the checkpoints will be sensitive to the needs of all individuals with disabilities.

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III. DEFINITIONS

A. THE AMERICANS WITH DISABILITIES ACT (ADA) OF 1990: It is a Federal civil rights law. It gives Federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in State and local government services, public accommodations, employment, transportation, and telecommunications.

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B. "ASSISTANCE" DOG: Applies to all "guide" dogs, "signal" dogs, and "service" dogs that assist disabled persons.

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C. "GUIDE" DOG: Means any dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code, or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336) to assist individuals who are visually impaired.

Court Services Section Policy and Procedure Page 2 of 5

Section 2.17

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D. "SIGNAL" DOG: Means any dog trained to alert an individual who is deaf or hearing impaired to intruders or sounds.

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E. "SERVICE" DOG: Means any dog trained to meet the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheel-chair, or fetching dropped items.

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IV. PROCEDURE

A. SEARCHES:

All persons shall pass through the metal detector unless physically unable.
Staff will be courteous at all times and be aware that persons passing through a Weapons-Screening Station who have disability, may have a special need or requirement. (See Attachment A.)
Individuals with disabilities do not expect to be waved through a Weapons-Screening Station. Like anyone else, they are capable of bringing weapons and contraband into a courthouse facility.
If an individual cannot physically pass through a metal detector, i.e., because they are in a wheelchair or electric cart, they will be searched with the use of the hand-held metal detector.
Keep in mind that weapons can be concealed in auxiliary aids such as manual or powered wheelchairs, crutches, personal backpacks, or orthopedic and prosthetic appliances.
If at all possible, packages, purses, briefcases, backpacks, etc., must pass through the x-ray baggage-scanner machine. Personnel will be polite at all times and act as discretely as possible when handling personal items, i.e., a backpack containing a colostomy bag, a prosthesis or a wheelchair, etc.
Staff must be aware that when dealing with a person who uses auxiliary aids, they can be used as weapons, i.e., a motorized wheelchair can be maneuvered to strike an individual who is in close proximity.
Court Services Section Policy and Procedures Page 3 of 5
Section 2.17

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B. ADA COORDINATOR:

Each entity of a courthouse facility has an assigned ADA coordinator who is responsible to address ADA issues and questions. Any individual entering a Weapons-Screening Station who has a question regarding an ADA issue, i.e., specialized equipment, and the deputy cannot resolve it, will be referred to the ADA facility coordinator of the involved department or agency. If the ADA coordinator or back-up coordinator is not available, give the person the coordinator’s telephone number. If an immediate response is required, contact a supervisor. (See list of ADA Coordinators.) Each Weapons-Screening Station will have a current list of all auxiliary aids including their location, and services available for people with disabilities for that facility, i.e., handicapped restrooms, Braille, large print, qualified sign language interpreters, readers, telecommunication devices (TDD's) and text telephones (TT's) for the deaf.
State Court Rule 989.3 allows lawyers, parties, witnesses, jurors, and other people with a disability to request, confidentially, accommodations from the court.
If someone requests a copy of Judicial Council Form MC-410 (Request For Accommodations By Persons With Disabilities and Order), refer him or her to the ADA court facility coordinator.

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C. ASSISTANCE DOGS:

"Assistance" dogs apply to all "guide" dogs, "signal" dogs and "service" dogs that assist persons with disabilities.
Civil Code, Section 54.1(c) provides that persons with disibilities and those training dogs for disabled persons may take dogs into public places. In doing so, however, they "shall ensure that the dog is on a leash. In addition, the person "shall be liable for any provable damages done to the premises or facilities by his or her dog." (See also Civil Code Section 54.2(a))
As a general rule, access should not be denied to individuals with an "assistance" dog unless it would constitute an undue burden or fundamentally alter the program or services provided in the facility. Whenever there is a dispute regarding allowing an "assistance" dog access to the facility, a supervisor will be contacted and a report will be written, documenting the incident.
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Section 2.17
In order for personnel to allow the entry of an "assistance" dog in a courthouse facility, the following criteria must be met:
1. The dog must be on a leash.
2. The dog must be properly licensed in order to validate that it has a current anti-rabies vaccination.
3. If, in the discretion of the deputy assigned to the Weapons-Screening Station, the dog poses a "direct threat," as defined herein, to the health, welfare or safety of employees or the general public: (1) a Sheriff’s escort shall be provided; (2) in the event that a Sheriff’s escort is refused by the person seeking access, the ADA coordinator for the facility and the deputy’s supervisor shall be notified immediately.
  In the event that the deputy does not, in the exercise of his or her discretion, feel that the health, welfare and/or safety of persons in the court facility can be adequately protected by the presence of an escort, the deputy shall notify his or her supervisor and the ADA coordinator for the facility.
  A "direct threat" is defined as a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level.
4. In the event that the dog does not have leash as required by this policy, the deputy’s supervisor shall be notified. The supervisor shall exercise his or her discretion in determining whether an exception to the requirements of this policy shall be made on a case-by-case basis.
  If a dog is considered to pose such a threat that the presence of a Sheriff’s escort cannot adequately assure the safety of persons in the court facility, the deputy’s supervisor shall be notified. The supervisor shall exercise his or her discretion in determining whether the dog shall be allowed in the court facility with an escort.
  If admission is denied, a report shall be drafted documenting the incident and articulating the basis for the determination that the dog posed such a threat that the denial of admission was necessary.
  Court Services Section Policy and Procedures Page 5 of 5
  Section 2.17
5. In the event that an individual with an assistance animal other than a dog seeks access to a court facility, the deputy’s supervisor shall be notified immediately. The supervisor shall exercise his or her discretion in determining whether the animal is adequately restrained so that it does not pose a direct threat as defined herein.
  If admission is denied, a report shall be drafted documenting the incident and identifying the basis for the supervisor’s decision that the animal posed such a direct threat that denial of admission was necessary.

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ATTACHMENT "A"

INFORMATION CONCERNING INDIVIDUALS
WITH A DISABILITY

When talking to someone with a hearing loss, you may need to get the person’s attention by tapping gently on their shoulder, or waving your hand or using some similar physical signal. If the person is lip-reading, look directly at the individual. Speak slowly and clearly. Do not exaggerate your lip movements or shout. If necessary, write on a piece of paper what you are trying to communicate.
When talking to someone who has a severe vision disability, always identify yourself. Speak in a normal tone of voice, indicate when you move from one place to another, and let it be known when the conversation is at an end. Remember, there are several kinds of visual impairments, and many visually impaired people are not totally blind.
When talking to someone using a wheelchair, don’t lean on the person’s wheelchair. The wheelchair is part of the body space of the person who uses it. It is a means of mobility and freedom. Remember, if you move a backpack that is attached to the wheelchair, return it to the exact place. Some individuals who are confined to a wheelchair may have limited mobility in reaching around to get something from their backpack.
When talking with someone with speech difficulties, give him/her your undivided attention. Ask short questions that require short answers or a nod of the head. Don’t pretend to understand if you do not. Try rephrasing what you wish to communicate.
Remember, if someone has a disability don’t assume they automatically need help. If you’d like to assist a person with a disibility, say so. But wait until the offer is accepted before you move.

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