Settlement Agreement | Department of Justice Press Releases
The United States Department of Justice ("Department") initiated this matter as a compliance review of Boulder County, Colorado, ("County") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section of the Department's Civil Rights Division and focused on the County's compliance with the following title II requirements:
- delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
- physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
The Department limited its program access review to those of the County's programs, services, and activities that operate in the following facilities: Lagerman Reservoir, Rabbit Mountain Park, Walker's Ranch Park, Walden Pond Park, County Courthouse Main Building, County Courthouse West Wing, County Courthouse Annex, Community Service/Administrative Building, County Jail, Justice Center Complex Courthouse, North Broadway Complex, St. Vrain Complex, and Fairgrounds Administrative Building Complex.
1. The ADA applies to the County because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the County's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.
3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the County's compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
4. The County conducted a self-evaluation on January 26, 1992, to comply with § 504 of the Rehabilitation Act. It developed a transition plan on July 24, 1992 . The documents show a thorough review of all programs and services assisted by the Colorado Center for Persons with Disabilities, a disability advocacy group. A number of barrier removal projects were undertaken pursuant to the self-evaluation and transition plan.
5. By press release dated January 20, 1993, the County notified applicants, participants, beneficiaries, and other interested persons of their rights and the County's obligations under title II and the Department's regulations.
6. The County installed a new elevator at the Boulder County Courthouse Annex to provide access to all floors.
7. The County reviewed all of its employment applications and revised them to eliminate any inquiries that violated the ADA. Physical examinations were reviewed to ensure that they are limited to those positions where the physical requirements are job related and consistent with business necessity.
8. The County has an ADA Coordinator for all ADA matters.
The parties to this Agreement are the United States of America and Boulder County, Colorado. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:
9. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.
10. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.
In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the County will take the following actions.
11. The County shall make the following remediations to Lagerman Reservoir within three months of the effective date of this Agreement:
a. Parking. Neither of the accessible parking spaces is served by an adequate sized access aisle, neither is designated as a van-accessible parking space, and the signs designating the spaces as accessible are too close to the ground. Alter the spaces so that there is at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space (the second accessible parking space may share the 96 inch wide access aisle), and raise the sign designating the space as accessible so that it cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9.
b. Men's and Women's Toilet Rooms. Signage is mounted on the side of the building and does not contain raised characters or Braille. Provide signage that contains raised characters and Braille on the wall adjacent to the latch-side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of the door. Standards §§ 4.1.3(16), 4.30.4, 4.30.6.
12. The County shall make the following remediations to Rabbit Mountain Park within three months of the effective date of this Agreement:
a. Parking. The signs designating the two accessible parking spaces as reserved are mounted low to the ground, and neither of the two accessible spaces is identified as "van-accessible." Reposition the signs so that each cannot be obscured by a vehicle parked in the space, and provide signage identifying one of the spaces with a "van-accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4.
b. Men's and Women's Toilet Rooms.
(1) Signage is mounted on the doors. Relocate the signage to the walls adjacent to the latch-side of the door so that the centerlines of the signs are 60 inches above the finish floor and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16), 4.30.6.
(2) The toilet paper dispenser in the men's accessible toilet room is mounted 42 inches above the finish floor and above the handrails. Remount the dispenser so that it is below the handrail and at least 19 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).
13. The County shall complete the following remediations to Walker's Ranch Park within three months of the effective date of this Agreement:
a. Parking. The accessible parking space has no access aisle and there is no designated van-accessible parking space. Alter the spaces so that there is at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9.
b. Men's and Women's Toilet Rooms.
(1) Signage is mounted on the doors. Relocate the signage to the walls adjacent to the latch-side of the doors so that the centerlines of the signs are 60 inches above the ground and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16), 4.30.6.
(2) The toilet paper dispenser in the accessible stall in each room is mounted 44 inches above the finish floor and above the handrails. Remount each dispenser so that it is below the handrail and at least 19 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).
14. The County shall make the following remediations to Walden Pond Park within three months of the effective date of this Agreement:
a. Parking (Park Administration Building). The signs designating the spaces as accessible are too close to the ground, and there is no van-accessible parking space. Alter the spaces so that there is at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space and so that the other space is identified by the symbol of accessibility mounted in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9.
b. Men's and Women's Toilet Rooms. Signage is mounted on the doors. Provide signage with raised characters and Braille on the walls adjacent to the latch-side of the doors so that the centerlines of the signs are 60 inches above the ground and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16), 4.30.6.
In order to ensure that each of the County's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with disabilities, the County will take the following actions.
15. The County shall complete the following remediations to the County Courthouse Main building within six months of the effective date of this agreement.
a. Parking. The signs designating the two accessible parking spaces as reserved are too low. Provide signs at the end of each accessible space that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.4.
b. Men's and Women's Toilet Rooms.
(1) The toilet rooms do not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch-side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The accessible stall in each toilet room is 69 inches deep and 39 inches wide. Provide a "standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards, or provide signage directing patrons to the accessible facilities located in the East Wing. Standards §§ 4.1.2(7)(d), 4.13, 4.17, 4.26, 4.27, 4.30.7, Fig. 30, Fig. 43(a).
(3) The toilet paper dispenser in the accessible stall in each room is mounted 44 inches high above the handrails. Remount each dispenser so that it is below the handrails at least 19 inches above the finish floor, or provide signage directing patrons to the accessible facilities located in the East Wing. Standards § 4.17.3, Fig. 30(d).
(4) The toilet seat cover dispenser in each room is mounted above the toilet, 55 inches above the finish floor. Remount the toilet seat cover dispensers so that they comply with Figure 5 or Figure 6 of the Standards and so that there is a clear floor space of 30 by 48 inches adjacent to the dispenser, or provide signage directing patrons to the accessible facilities located in the East Wing . Standards §§ 4.2.4, 4.2.5, 4.2.6, 4.22.7, 4.27.2, 4.27.3, Fig. 5, Fig. 6.
(5) The hot water and drain pipes beneath the lavatories in both rooms are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories, or provide signage directing patrons to the accessible facilities located in the East Wing . Standards § 4.19.4.
(6) The lavatories in each toilet room have 27 inches of knee clearance. Provide a lavatory in each room that has at least 29 inches of clearance from the bottom of the apron to the finish floor, or provide signage directing patrons to the accessible facilities located in the East Wing . Standards § 4.19.2, Fig.31.
(7) The rim of the urinal in the men's toilet room is 21 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor or provide signage directing patrons to the accessible facilities located in the East Wing . Standards § 4.18.2.
16. The County shall complete the following remediations to the County Courthouse Annex within six months of the effective date of this agreement.
a. Men's and Women's Toilet Rooms.
(1) Signage for the Women's toilet room is mounted on the door. Relocate signage to the wall adjacent to the latch-side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of the door. Standards § 4.30.6.
(2) The toilet paper dispensers are mounted 59 inches high above the handrails. Remount the dispensers so that they are below the handrails at least 19 inches above the finish floor. Standards § 4.17.3, Fig.30(d).
17. The County shall complete the following remediations to the County Jail within six months of the effective date of this agreement.
a. Parking.
(1) The signs designating the four accessible parking spaces as reserved are mounted low to the ground. Reposition the signs so that each cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
(2) The accessible parking space access aisle is less than 60 inches wide and the curb ramp projects into the access aisle. Alter the spaces so that the access aisle is at least 60 inches wide (or at least 96 inches wide for a van accessible parking space) and level throughout. Standards § 4.6.3, Fig. 9.
b. Men's and Women's Toilet Room.
(1) The toilet room doors have knob type hardware. Provide door hardware that does not require tight grasping, pinching or twisting of the wrist to operate. Standards § 4.13.9.
(2) The toilet room signage is mounted 63 inches above the finish floor to the centerline of the sign. Lower the signs so that their centerlines are 60 inches above the finish floor. Standards § 4.30.6.
(3) The designated accessible stalls in each room are 32 inches wide by 69 inches deep and do not contain rear grab bars. In each room, provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearance, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.13, 4.17, 4.26, 4.27, Fig. 30.
(4) The door coat hook in the accessible stall in each toilet room is mounted 65 inches above the finish floor. Provide a coat hook in each accessible stall that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.
(5) The lavatories in both toilet rooms are mounted with the rims 36 inches above the finish floor. Provide a lavatory the has a rim no higher than 34 inches above the finish floor and at least 29 inches of clearance from the bottom of the apron to the finish floor. Standards § 4.19.2.
(6) The lavatory in the men's toilet room has twist type faucets. Install faucets on the accessible lavatory that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(7) The mirrors in each toilet room are mounted so that the bottom of the reflecting surface is 49 inches above the finish floor. Provide a mirror mounted so that the bottom of the reflecting surface is no higher than 40 inches above the finish floor. Standards § 4.19.6.
18. The County shall complete the following remediations to the Justice Center Complex Courthouse within six months of the effective date of this agreement.
a. Second Floor Men's and Women's Toilet Rooms.
(1) The signage on the latch-side of the door is obstructed by soda machines. Move the obstruction so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
(2) The door coat hook in the accessible stall in each room is mounted 64 to 65 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.
19. The County shall complete the following remediations to the North Broadway Complex within one year of the effective date of this Agreement:
a. Mental Health Building. The highest operable part of the automatic call button at the accessible entrance is 57 inches above the finish floor. Relocate the call button so that the highest operable part is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.27.3.
b. Lobby Unisex Toilet Room.
(1) The door coat hook in the toilet room is 65 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.
(2) The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Install insulation on the pipes. Standards § 4.19.4.
c. Alcohol Recovery Center.
(1) The entrance ramp only has handrails on one side, and they do not extend beyond the ramp segment. Provide handrails on both sides of the ramp that extend at least 12 inches beyond the top and bottom of the ramp. Standards §§ 4.8.5(1), 4.8.5(2).
(2) The men's and women's toilet rooms are both 39 inches deep by 56 inches wide and do not contain accessible elements. Install signage at these toilet rooms that provides directions to the accessible unisex toilet room located in the Mental Health Building. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.7(a).
20. The County shall make the following remediations to St. Vrain Complex within one year of the effective date of this Agreement:
a. Parking.
(1) The signs designating the four accessible parking spaces as reserved are mounted low to the ground. Reposition the signs so that each cannot be obscured by a vehicle parked in the space. Standards § 4.6.4.
(2) The accessible parking spaces do not have access aisles. Re-stripe the parking spaces so that each accessible space is at least 96 inches wide with an access aisle at least 60 inches wide and so that the van-accessible space has an access aisle at least 96 inches wide. Standards §§ 4.1.2(5), 4.6.3, Fig. 9.
b. Men's and Women's Toilet Rooms.
(1) The accessible toilet stalls are 43 inches wide. In each toilet room, provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards, or provide signage directing patrons to the accessible facilities located in the Mental Health Building. Standards §§ 4.13, 4.17, 4.22.4, 4.26, 4.27, Fig. 30.
(2) The door coat hook in the accessible stall in each toilet room is mounted 64 inches above the finish floor. Provide a coat hook in each accessible stall that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach, or provide signage directing patrons to the accessible facilities located in the Mental Health Building. . Standards §§ 4.2.5, 4.2.6, 4.25.3.
(3) The paper towel dispenser in each room is mounted 64 inches above the finish floor. Provide a paper towel dispenser so that the highest operable part is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach, or provide signage directing patrons to the accessible facilities located in the Mental Health Building. Standards §§ 4.2.5, 4.2.6, 4.27.3.
(4) The hot water and drain pipes beneath the lavatories in each room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories, or provide signage directing patrons to the accessible facilities located in the Mental Health Building. Standards § 4.19.4.
21. The County shall make the following remediations to Fairgrounds Administrative Building Complex within one year of the effective date of this Agreement:
a. Parking. There are no designated accessible parking spaces. Alter the spaces so that there is at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9.
b. Men's and Women's Toilet rooms.
(1) The stall in each toilet room is 46 inches by 53 inches, the centerlines of the toilets are 22 inches from the wall, and there are no rear grab bars. Provide a "standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.13, 4.17, 4.22.4, 4.26, 4.27, Fig. 30.
(2) The hot water and drain pipes beneath the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. Standards § 4.19.4.
(3) The paper towel dispenser in each room is mounted 64 inches above the finish floor. Provide a paper towel dispenser so that the highest operable part is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.27.3.
(4) There was no signage designating the men's and women's toilet rooms. Install signage, using raised characters and Braille, on the wall adjacent to the latch-side of the door, so that the centerline of the signs are 60 inches above the finish floor and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of the door. Standards §§ 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.
(5) The toilet room entrance door hardware is not accessible. Install door hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9
22. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
23. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.
24. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.
25. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
26. In the event that the County fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the County.
27. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the County or the Department on request.
29. The effective date of this Agreement is the date of the last signature below.
30. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the County's continuing responsibility to comply with all aspects of the ADA.
31. This Agreement will remain in effect for five years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the County has been achieved.
32. The persons signing for Boulder County represent that they are authorized to bind the County to this Agreement.
For the United States:
BILL LANN LEE
Acting Assistant Attorney General for Civil Rights
By:_________________________________
JOHN L. WODATCH, Chief
IRENE BOWEN, Deputy Chief
NAOMI MILTON, Supervisory Attorney
CELESTE A. SIMMONS, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
Date _______________________________
For the County:
_____________________________________
RONALD STEWARD, Commissioner
_____________________________________
PAUL DANISH, Commissioner
_____________________________________
JANA MENDEZ, Commissioner
Date ________________________________
February 6, 2001