MICHIGAN, USA — Attorney General Dana Nessel issued an opinion Friday about meeting requirements under the Americans with Disabilities Act (ADA).
The opinion was previously requested by Senators Jeff Irwin and Wayne Schmidt, who felt that "Michiganians with disabilities and specific health conditions shouldn't have to risk their wellbeing to contribute to civic life in their communities.”
The opinion addresses how the Open Meetings Act (OMA) can intersect with federal law when a person with a disability requests accommodations to fully participate in meetings—particularly, that a remote option should be available if requested.
Nessel states in the opinion that state boards and commissions are required under the ADA to provide reasonable accommodations for people with disabilities. This requirement could include the option to participate in meetings virtually.
“While this opinion will only be binding for state boards, it is my hope that local boards will use this guidance and ensure fair access to public meetings for those who require appropriate accommodations as we continue to navigate our way through the pandemic,” Nessel said. “Government participation should include everyone in our state who wants to serve, not just those who are fortunate enough not to have disabilities.”
Nessel went on to analyze how the ADA requires physical accommodations as needed, but other types of accommodations may be necessary during the pandemic.
“Historically, the kinds of modifications that have been requested have addressed physical or communication barriers, which have been remedied by disabled ramps, closed captioning, and the like," the opinion reads. "It is crucial that efforts aimed at removing those types of barriers continue. But medical conditions that make physical presence dangerous or impossible highlight a different but equally important need."
The full opinion can be read here.
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