ADA Americans with Disabilities Act
The Americans with Disabilities Act (ADA) of 1990 gives 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 public accommodations, employment, transportation, State and local government services, and telecommunications.
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments.
Title III of the ADA similarly prohibits discrimination among businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.
Complaints regarding Title III entities must be filed with the Department of Justice.
Title IV of the ADA addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week.
Complaints regarding Title IV companies must be filed with the Federal Communications Commission.
Title I of the ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.
Complaints regarding Title I companies (employers) must be filed with the Equal Employment Opportunity Commission.
The City of Artesia is regulated under Title II.
The City of Artesia has filed a transition plan (PDF) with the State of New Mexico. The transition plan identifies all of the deficiencies within the City's programs and public buildings, and details the proposed corrections to be made, as well as the time frame for making the corrections.
Request for Accommodation
To request an accommodation, alternative format of communication, and/or modification of policies and procedures in order to access and benefit from City of Artesia programs, services and activities, please submit a letter to or contact the ADA Coordinator describing the accommodation that you are requesting as soon as possible but no later than five business days before the scheduled event (if relevant).
PO Box 1310
Artesia, NM 88211-1310
The ADA does not require The City of Artesia to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
To File A Complaint against the City of Artesia: The City has established a grievance procedure to file a complaint under Title II of the ADA.
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Artesia, New Mexico. The City of Artesia's Personnel Policy governs employment-related complaints of disability discrimination.
The 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 of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 30 calendar days after the alleged violation to:
PO Box 1310
Artesia, NM 88211-1310
Within 15 calendar days after receipt of the complaint, Don Plotner or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Don Plotner or his designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Artesia and offer options for substantive resolution of the complaint..
If the response by Don Plotner or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Community Development Director.
Within 15 calendar days after receipt of the appeal, the Community Development Director will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Community Development Director will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by Don Plotner or his designee, appeals to the Community Development Director, and responses from these two officials will be retained by the City of Artesia for at least three years.