Rehabilitation Act-Wheelchair Ramp

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7^th Circuit Court of Appeals

Case Name: Shellie Ellison v. USPS

Case No.: 22-1967

Officials: Hamilton, Scudder, and Pryor, Circuit Judges.

Focus: Rehabilitation Act-Wheelchair Ramp

The Shelbyville Post Office serves as the nearest and most prominent post office to Ellison’s residence in the Indiana region. Ellison maintains a P.O. box at the Shelbyville Post Office for her non-profit organization, which focuses on educating the public about accessibility for individuals with disabilities. Unfortunately, Ellison faces a challenge when trying to access the Shelbyville Post Office as it has just one customer entrance located at the top of a flight of front steps. To cope with this limitation, Ellison has a few options at her disposal. She can request assistance from the loading dock or use a van-accessible parking space. Alternatively, she can rely on the Postal Service’s website or visit wheelchair-accessible post office locations in nearby towns.

However, despite these alternatives, Ellison has raised numerous complaints regarding the inconvenience of these options. In response to these concerns, the City of Shelbyville extended an offer to fund the construction of a ramp at the front entrance of the post office to improve accessibility. Regrettably, the Postal Service declined this offer, citing a policy that rejects donations for external physical improvements.

In a legal action brought under the Rehabilitation Act, specifically 29 U.S.C. 794(a), the district court issued a summary judgment. The court’s ruling asserted that Ellison could adequately access the postal program through its website and three wheelchair-accessible post office locations situated within a 15-minute drive from her residence. Nevertheless, the Seventh Circuit reviewed this decision and found it necessary to remand the case for a reconsideration of whether Ellison’s suggested accommodation, namely, the installation of a ramp, is a reasonable solution. The Shelbyville Post Office does not offer a substantial level of access, and the alternative locations, which are more distant and have limited operating hours compared to the Shelbyville facility, have created difficulties for Ellison.

Vacated and remanded.

Decided 10/24/23

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