An ADA complaint against the Hales Corners Library has been resolved, but it may be appealed

Erik S. Hanley, Milwaukee Journal Sentinel
·4 min read
LuAnn Bird and her husband Phil are shown at the Hales Corners Library on South 116th Street in Hales Corners on Thursday, March 16, 2023. LuAnn Bird filed an ADA accessibility complaint against the library.
LuAnn Bird and her husband Phil are shown at the Hales Corners Library on South 116th Street in Hales Corners on Thursday, March 16, 2023. LuAnn Bird filed an ADA accessibility complaint against the library.

A complaint against the Hales Corners Public Library alleging discrimination against people with disabilities has been resolved.

The complainant is considering an appeal, however.

“I think it’s a victory for the village and for persons with disabilities,” said LuAnn Bird, the Hales Corners resident who filed the formal complaint. “It’s a big step forward.” But she left open the possibility of an appeal.

Bird submitted her complaint in December 2022 with the United States Department of Education Office of Civil Rights alleging Americans with Disabilities Act violations at the library, 5885 S. 116th St. Specifically, the complaint highlighted the lack of an elevator in the building as well as difficulty accessing water fountains and areas like bathrooms and computer rooms. She said these issues made it difficult if not impossible for people with disabilities to fully utilize the library and participate in certain programs.

Village says it's been working on addressing issues at the Hales Corners library

A July 13 release from Hales Corners Village Administrator Sandra Kulik said the village has been addressing facility issues at the library for several years following contractor inspections, and all identified issues have been rectified or are being addressed.

“The only project remaining is renovating the upper floor restrooms to remove accessibility barriers,” the release said. “This project was already underway, and funding was received from Milwaukee County Community Block Grant Urban Programs and is anticipated to be completed in the next few months.”

The Office of Civil Rights determined a resolution agreement “is appropriate for addressing a portion of this case,” according to a letter sent to Hales Corners Village President Dan Besson.

What does the resolution agreement say?

A Hales Corners resident filed an ADA complaint against the library alleging issues her husband, Phil Bird (pictured) faces in the building including no elevator, difficulty getting into the bathroom and some rooms not being accessible.
A Hales Corners resident filed an ADA complaint against the library alleging issues her husband, Phil Bird (pictured) faces in the building including no elevator, difficulty getting into the bathroom and some rooms not being accessible.

Per the agreement, signed June 26, the library must provide at least one upper level restroom available to staff and patrons that is in compliance with the 2010 ADA standards by Dec. 31, 2023. This must include proper ADA signage, proper door hardware, adequate clearance and access for the mirror, sink, soap dispenser and toilet paper dispenser.

The village must provide a written report detailing progress on the project by Sept. 1 and documentation about the completed work by the deadline with visuals. If the agreement is breached, the case could be referred to the Department of Justice or the library may be granted an additional 60 days to remedy the breach.

“No other alleged discriminatory practices were found to be in violation of the ADA, including no finding was made that the ADA imposed an elevator installation requirement in order to continue offering programs in the lower level,” the release said.

One of Bird’s biggest asks, which has been discussed by village and library officials for years, was the installation of an elevator to provide easier internal access to both floors for people with disabilities.

There are separate, accessible entrances for both floors, but they require an individual who cannot use stairs to go outside and around the building.

“(The) administration must give careful consideration to how it uses the lower level without internal access to the upper level,” Bird said. “It's not safe to make a person in a wheelchair travel behind cars in two parking lots to access a program using both levels. I don't believe that people in this community would want that, either.”

Bird deciding whether she may appeal the ruling

Bird said she is happy to see the library must upgrade the bathroom by the end of the year. However, she’s not sure if she’s fully satisfied with this result.

“I now am looking at whether or not I will appeal this," Bird said, adding she is consulting with an attorney.

Bird said she believes there are still issues with the water fountains, computer rooms and other elements of the library, saying she was not thorough in describing every problem in depth in her complaint, thinking OCR would identify them during its investigation.

“There are still other issues that might need to be addressed,” she said. “We still have a long way to go in this community to make sure that we are inclusive, to make sure that people feel welcome here even if they have a disability, and I’m not sure we’re there yet.”

Contact Erik S. Hanley at erik.hanley@jrn.com. Like his Facebook page, The Redheadliner, and follow him on Twitter @Redheadliner.

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This article originally appeared on Milwaukee Journal Sentinel: Agreement reached in Hales Corners Library ADA complaint