NMPASI: ADA violators can be fined $100 a day

Northern Marianas Protection and Advocacy Systems, Inc. executive director James Rayphand was the Saipan Rotary Club of Saipan’s guest speaker last week. (Mark Rabago)

Businesses that continue to violate the Americans with Disabilities Act can face a fine of $100 a day, reminded Northern Marianas Protection and Advocacy Systems, Inc. executive director James Rayphand.

Speaking before the Saipan Rotary Club weekly meeting last week at the Hyatt Regency Saipan, Rayphand said his office is very aggressive in upholding its mandate to provide legal-based advocacy on behalf of people with disabilities and ADA is one such law that NMPASI wants to advocate.

“Right now we have at least 15 cases that we’re about to open on behalf of an individual with ability impairments filing complaints against establishments for not allowing access to their business facility. It’s something to be mindful about,” he said.

ADA requires the government and private sector to provide appropriate access for individuals with disabilities.

“Basically every business establishment must be able to provide disability parking space and an accessible route into their business establishment,” said Rayphand.

He said enforcing ADA in the CNMI is very important and should be taken seriously not only by the government and businesses but the community as well.

“As for how important, it really depends on the individuals’ needs. The idea, for instance, that our man’amko or any other person could be denied access to the hospital/medical care or say a typhoon shelter or a grocery store or a restaurant for that matter, all because of a physical or mental disability, should be cause for concern… The point may be is that access—physical access or otherwise—is very important,” said Rayphand.

He reminded that non-compliance with ADA is not only morally wrong but violators can face very stiff fines.

“NMPASI can bring a discrimination case against a business not providing disability parking and disability access to the business. The fine is $100 a day for businesses that are non-compliant,” he said, adding that the government can rake in money by just citing businesses that are not ADA-compliant.

Rayphand said under the ADA setup, the Department of Public Safety is in charge of enforcing the law, while the Office of Attorney General is responsible for making sure that government offices and businesses adhere to the law.

NMPASI, a non-profit organization, administers grant programs from the U.S. Department of Health and Human Services/Center for Mental Health Services Substance Abuse and Mental Health Services Administration, the Administration on Developmental Disabilities, and the Human Resources Services Administration, the U.S. Department of Education/Rehabilitation Services Administration, and the Social Security Administration.

Its office is located on the east side of Middle Road in Gualo Rai. For more on NMPASI and/or protection and advocacy services for individuals with disabilities, contact the NMPASI Office at (670) 235-7273/4 [tel.] /235-7275 [fax/tty] or via the Internet at www.nmpasi.org.