Settlement Agreement between the United States and Barnstable, Attachment (L)

Attachment L: Access to County Programs Housed in Others’ Facilities

Access to County Programs Housed in Others’ Facilities: In order to ensure that the County’s programs, services, and activities that are the subject of this Agreement and that are operated by the County at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

1. Within three months of the effective date of this Agreement, the County will request, in writing, with a courtesy copy to the Department, that the State of Massachusetts make the following modifications to the Superior Court House within 24 months of the effective date of this Agreement:

a. Main Session Court Room - Second Floor

i. The jury box is inaccessible because there are steps that block access. Install a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.

ii. The court room is inaccessible to people who are hard of hearing because it lacks an assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 4% of total seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. 35.160; Standards §§ 4.30, 4.33.

b. Second Session Court Room - Second Floor

i. The door to the court room is inaccessible because it has an opening width of only 28 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

ii. The court room door is inaccessible because the pressure required to open the door is 8 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The court room door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

iv. The court room is inaccessible to people who are hard of hearing because it lacks an assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 4% of total seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 CFR 35.160; Standards §§ 4.30, 4.33.

2. Within three months of the effective date of this Agreement, the County will request, in writing, with a courtesy copy to the Department, that the State of Massachusetts make the following modifications to the Deeds and Probate Building within 24 months of the effective date of this Agreement:

a. Probate Court - First Session

i. The court room door is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. The office door is inaccessible because it has knob hardware. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

iii. The court room is inaccessible to people with hearing impairments because it lacks an assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 4% of total seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. 35.160; Standards §§ 4.30, 4.33.

b. Probate Court - Second Session

i. The court room is inaccessible to people with hearing impairments because it lacks an assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 4% of total seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. 35.160; Standards §§ 4.30, 4.33.

3. Within three months of the effective date of this Agreement, the County will request, in writing, with a courtesy copy to the Department, that the State of Massachusetts make the following modifications to the First District Court within 24 months of the effective date of this Agreement:

a. Court Room - First Session

i. The door to the court room is inaccessible because it has an opening width of only 27 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

ii. The court room door is inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

b. Court Room - Second Session

i. The jury box entrance is inaccessible because it is only 29 inches wide. Provide an accessible route to the jury box entrance with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.

ii. The court room is inaccessible to people with hearing impairments because it lacks an assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 4% of total seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. 35.160; Standards §§ 4.30, 4.33.

c. Court Room - Third Session

i. The jury box entrance is inaccessible because it is only 30 inches wide. Provide an accessible route to the jury box entrance with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.

ii. The jury room door is inaccessible because it has knob hardware. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

d. Toilets inside Jury Room - Third Session - (Jury Room not identified numerically and toilets not identified by gender)

i. The single user toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

e. Jury Room No. 2

i. The door is inaccessible because it has knob hardware. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

f. Toilets inside Jury Room No. 2 - Third Session

i. The women’s and men’s single user toilet rooms in jury room #2 contain a number of inaccessible elements and are not accessible to people with disabilities. Provide a unisex accessible toilet room such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

g. Juvenile Session

i. The office door is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. The door is inaccessible because it has knob hardware. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

iii. The jury box is inaccessible because there are steps that block access. Install a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.

iv. The court room is inaccessible to people with hearing impairments because it lacks an assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 4% of total seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. 35.160; Standards §§ 4.30, 4.33.

4. Within three months of the effective date of this Agreement, the County will request, in writing, with a courtesy copy to the Department, that the State of Massachusetts make the following modifications to the Orleans Second District Court within 24 months of the effective date of this Agreement:

a. Second Session Court Room

i. The court room door is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. There is no signage informing the public of the availability of an assistive listening system. In addition, courtroom staff whose duties involve contact with the public had not been trained about the assistive listening system. Provide accessible signage indicating the availability of the assistive listening system. In addition, ensure that appropriate staff members whose jobs include public contact (e.g., courtroom clerk) receive training about the use of assistive listening devices. 28 C.F.R. 35.160; Standards §§ 4.1.3(19)(b), 4.30.

b. Main Court Room - Main Floor

i. The court room door is inaccessible because the pressure required to open the door exceeds 5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. The court room is inaccessible to people with hearing impairments because it lacks an assistive listening system. In addition, courtroom staff 2hose duties include contact with the public had not received training about assistive listening systems. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide a minimum of 2 receivers for use by the general public and signage indicating their availability. In addition, ensure that appropriate staff members whose jobs include public contact (e.g., courtroom clerk) receive training about the use of assistive listening devices. 28 C.F.R. 35.160; Standards §§ 4.30, 4.33.

iii. The main court room is inaccessible because there is no seating area for people who use wheelchairs. Provide 4 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.5, 4.33.

c. Juvenile Court Room - Basement

i. The court room door is inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

d. Detention Unit

i. The door to the to the holding cell is inaccessible because it has an opening width of only 24 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

September 8, 2009