BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department ") initiated this matter as a compliance review of the City of Bowie, Maryland ("City"), 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.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation (28 C.F.R. Part 35), 28 C.F.R. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the City’s ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
  

  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");
  

• to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
  
  
• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
  
  
• where the City communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
  
  
• to provide direct access via TTY to telephone emergency services, including 911 services, for persons who use TTY’s, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department reviewed the following City facilities to determine compliance with the requirements of the ADA regulations and the Standards: City Hall, Belair Mansion, Belair Stable Museum, Sport Fit-Total Fitness Club, Whitemarsh Football Field, Bowie Playhouse, Bowie Railroad Station and Huntington Museum, Harmel House (Radio & TV Museum), Allen Pond Park, Bowie Ice Arena, Blacksox Park, Bowie Golf and Country Club, City of Bowie Skateboard Park, City of Bowie Museums, and Prince George’s County Genealogical Library. The Department also reviewed the accessibility of the following City polling locations: Bowie Community Center, Cerebral Palsy Center, and City Hall.

B. JURISDICTION

1. The ADA applies to the City 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 City’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.

C. ACTIONS TAKEN BY THE CITY

3. The City conducted a self-evaluation in 1992 and developed a transition plan in 1993. The City appointed an ADA Coordinator and reviewed its employment practices in 1992. Many of the programs, services and activities operated by the City are accessible to individuals with disabilities. The following are noteworthy: the playground areas at Opportunity Park are accessible to small children who use wheelchairs and those with visual impairments; an accessible ramp leads to the accessible seats in the spectators’ stand at the Bowie Ice Arena; the fishing pier at Allen Pond Park is accessible; and an elevator was installed in the historic Belair Mansion that allows access to the second floor of the mansion by individuals with mobility impairments.

D. REMEDIAL ACTION

The parties to this Agreement are the United States of America and the City of Bowie, Maryland. In order to avoid the burdens and expense of an investigation and possible litigation, the parties hereby agree as follows:

4. In consideration of the terms of, and consistent with, this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter regarding the areas covered by the Remedial Action provisions of this Agreement.

5. 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.

NEW CONSTRUCTION AND ALTERATIONS

6. City Hall. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that City Hall, in which the restrooms were altered in 1999, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. No van-accessible space is provided. Provide a van-accessible parking space that meets the requirements of the Standards. Standards §§ 4.1.2.(5)(b), 4.6.4.

B. Polling Place. The multi-purpose room in City Hall serves as a polling place for the City. The room has a double-leaf door and each of the leaves is 30 1/2 inches wide. Provide one door leaf with a minimum clear opening of a least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop, or ensure that the doors remain propped open during all polling activities and post a permanent sign that meets the requirements of the Standards advising people with disabilities that the ranger is available to open the door. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.1.3(16)(b), 4.13.4, 4.13.5, 4.30.2, 4.30.3, 4.30.5.

C. Counters. The top of the service counter at the front desk is 42 inches above the finish floor. The top of the service counter at the finance office is 40 inches above the finish floor. Provide a portion of each counter that is a minimum of 36 inches in length that is a maximum of 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches, or provide access programatically through equivalent facilitation. Standards § 7.2(2).

If the City chooses not to alter the service counters referenced in this paragraph, the City should develop a policy statement that identifies the methods that will be used to ensure that individuals with disabilities are afforded the programs, services and activities that are available at the service counters.

D. Women’s Restroom. The toilet room sign is located on the door instead of on the wall adjacent to the latch side of the door. Provide signage with Braille and raised letters 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 a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

E. Men’s Restroom.

1. The toilet room sign is located on the door instead of on the wall adjacent to the latch side of the door. Provide signage with Braille and raised letters 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 a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. The height of the urinal is 19 inches from the elongated rim to the finish floor. Provide a urinal with a rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.18.2, 4.22.5.

F. Council Chambers. The raised area in the council chambers is 12 inches above the finish floor. The raised area is for council members only and there are no members who currently use a wheelchair. Develop a policy to ensure that the raised area in the council chamber will be made accessible or the meetings will be relocated to an accessible location when access to the raised area is requested by a council member with a mobility impairment. Standards §§ 4.1.6(1)(b), 4.1.3(1), 4.3, 4.5.2, 4.8.

G. TTY Number. The City has a telephone number for individuals who use TTY’s but does not list this number in its Employee Handbook, City Museum brochure or newsletter. Revise these documents to list the City’s TTY number. 28 C.F.R. § 35.160.

7. Skateboard Park. The City is considering closing Skateboard Park. If the City chooses not to close Skateboard Park, the City shall correct the following within 180 days of the effective date of this Agreement to ensure that Skateboard Park, which was constructed in 1998, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. No accessible parking space is provided. Provide a van-accessible parking space that meets the requirements of the Standards. Standards §§ 4.1.2(5), 4.6.

B. Accessible Route. There is a change in level at the entrance that exceeds the maximum _ inch height allowed and is not beveled to a slope no greater than 1:2. Modify the accessible route at the entrance to comply with the Standards for an accessible route. Standards §§ 4.1.2(1), 4.3.8, 4.5.2.

8. Bowie Golf and Country Club. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the Bowie Golf and Country Club, which was altered in 1994, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. ADA Notice. There is an ADA notice posted that states that "if you have a disability and/or proof thereof, kindly inform the staff within the pro-shop so that you can be provided whatever assistance that’s necessary." Remove or reword this notice so as not to imply that people with disabilities are required to divulge their disabilities or proof thereof. 28 C.F.R. §§ 35.130(b)(3)(i), 35.130(b)(7).

B. Parking.

1. No van accessible space is provided. Provide a van-accessible parking space that meets the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.2(5)(b), 4.6.4.

2. The accessible parking spaces in the main parking lot are not located on the shortest accessible route of travel from the adjacent parking to the accessible entrance to the clubhouse. Designate accessible parking spaces near the ramp to the entrance of the clubhouse. Standards § 4.1.6(2), 4.1.2(5), 4.6.2.

C. Accessible Entrance

1. There is no directional signage at the inaccessible entrance that indicates the location of the nearest accessible entrance. Provide directional signage at the inaccessible entrance. Standards §§ 4.1.6(1)(b), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

2. The accessible entrance is not identified with the International Symbol of Accessibility. Provide identifying signage. Standards §§ 4.1.6(1)(b), 4.1.2(7)(c), 4.30.7.

D. Clubhouse.

1. The ramp to the accessible entrance to the clubhouse has a rise that is greater than 6 inches but does not have handrails. Provide handrails on both sides of the ramp that comply with the Standards. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.8.5.

2. The toilet room signs are located on the door instead of on the wall adjacent to the latch side of the door. Provide signage with Braille and raised letters 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 a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

3. The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

9. Blacksox Park. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that Blacksox Park, which was constructed in 1998, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. No van-accessible space is provided. Install signage designating a van accessible space. Standards § 4.1.2(5)(b), 4.6.4.

B. Restrooms.

1. The restroom signage is mounted on the restroom doors rather than on the wall adjacent to the latch side of the doors and does not contain Braille or raised letters. Provide signage with Braille and raised letters 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 signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. The height of the urinal in the men’s toilet room is 18 inches from the elongated rim to the finish floor. Provide a urinal with a rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2.

C. Drinking Fountain. There is a drinking fountain accessible to individuals who use wheelchairs but not one to those who have difficulty bending or stooping. Provide a fountain accessible to individuals who have difficulty bending or stooping. Standards §§ 4.1.3(10)(a), 4.15.

C. Protruding Objects. There are exterior lights located along the wall adjacent
to the restrooms that are mounted below 80 inches above the finish floor and protrude more than 4 inches. Relocate the lights so that they are not protruding objects. Standards §§ 4.1.2(3), 4.4.1.

10. Bowie Railroad Station and Huntington Museum. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the Bowie Railroad Station and Huntington Museum, which was altered in 1992, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. No van accessible parking space is provided. Provide a van-accessible parking space that meets the requirements of the Standards. Standards
§§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.

B. Entrance. The threshold at the front doorway to the Bowie Railroad Station and Huntington Museum exceeds the maximum _ inch height allowed and is not beveled to a slope no greater than 1:2. Modify the entrance threshold so that it is accessible. Standards §§ 4.1.6(2), 4.1.3(1), 4.3.8, 4.5.2, 4.13.8.

C. Restroom.

1. There is no signage that designates the accessible unisex toilet room. Provide signage that complies with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. The unisex toilet room does not have grab bars. Provide side and rear grab bars at the toilet that comply with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4, 4.26, Fig. 29.

3. The mirror in the unisex toilet room is mounted 42 1/2 inches from the finish floor to the bottom edge of the reflecting surface. Provide a mirror that is 40 inches maximum from the finish floor to the bottom edge of the reflecting surface. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.6, 4.22.6, Fig. 31.

4. The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

D. Policy. The railroad tower is not accessible to individuals with mobility impairments. The City will take steps to ensure that the programs, services and activities on the upper level of the tower are available to people with disabilities. 28 C.F.R. § 35.150(b)(2).

11. Harmel House: The Radio and TV Museum. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that Harmel House, which was altered in 1999, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking The access aisles are not demarcated and no van accessible parking space is provided. Provide a van accessible parking space with a 96 inch wide demarcated access aisle and signage that meets the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.

B. Accessible Route. There is a 3/4 inch level change on the accessible route to the entrance. Modify the accessible route so that it does not contain changes in level greater than 1/2 inch and so that any changes in level between 1/4 inch and 1/2 inch are beveled with a slope no greater than 1:2. Standards §§ 4.1.6(2), 4.1.2(1), 4.3.8, 4.5.2.

C. Entrance. The threshold at the front doorway to the Harmel House is 3 1/2 inches and exceeds the maximum 1/2 inch height allowed. Modify the entrance to provide an accessible threshold. Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.8.

D. Signage. There is no accessible signage to designate the men’s and women’s restrooms. Provide signage with Braille and raised letters 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. Standards §§ 4.1.6(1)(b), 4.1.3(16), 4.30.4, 4.30.5, 4.30.6.

12. Allen Pond Park. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that Allen Pond Park, which was altered in 1994, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking.

1. There are no access aisles provided for the accessible parking spaces. Alter the parking lot to provide access aisles that are at least 60 inches wide. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.3, Fig. 9.

2. No van accessible space is provided. Provide a van accessible parking space that meets the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.2(5)(b), 4.6.4.

B. Men’s Restroom Near the Boathouse.

1. There is no signage at the entrance of the men’s restroom. Provide signage that complies with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.4, 4.22.6.

3. The paper towel dispenser control is 56 inches above the finish floor which exceeds the maximum height allowed of 54 inches to the control when a side reach is provided. Lower the dispenser or provide an additional dispenser at the correct height. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.2.6, 4.27.3.

C. Women’s Restroom Near the Boathouse.

1. There is no signage at the entrance of the women’s restroom. Provide signage that complies with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. The hot water and drain pipe under the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.4, 4.22.6.

3. The paper towel dispenser control is 56 inches above the finish floor which exceeds the maximum height allowed of 54 inches to the control when a side reach is provided. Lower the dispenser or provide an additional dispenser at the correct height. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.2.6, 4.27.3.

D. Women’s Restroom in the Brick Restroom Facility

1. The accessible restroom sign is mounted on the restroom door rather than on the wall adjacent to the latch side of the door. Provide signage with Braille and raised letters 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 a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. The stall door has a twist lock that is not accessible. Replace the hardware with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.5 4.13.9.

3. The side grab bar is 38 inches long. Provide a side grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and its end farthest from the back wall is located at least 52 inches from the wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

E. Men’s Restroom in the Brick Restroom Facility

1. The accessible restroom sign is mounted on the restroom door rather than on the wall adjacent to the latch side of the door. Provide signage with Braille and raised letters 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 a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. The stall door has a twist lock that is not accessible. Replace the hardware with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.5, 4.13.9.

3. The side grab bar is 38 inches long. Provide a side grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and its end farthest from the back wall is located at least 52 inches from the wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

13. Bowie Ice Arena. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the Bowie Ice Arena, in Allen Pond Park, which was altered in 1994, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Women’s Restroom. The coat hook on the accessible stall door is 60 inches high instead of the maximum height allowed of 54 inches for a side reach. Lower the coat hook or provide an additional coat hook at an accessible height. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.6.

B. Men’s Restroom. The coat hook on the accessible stall door is 60 inches high instead of the maximum height allowed of 54 inches for a side reach. Lower the coat hook or provide an additional coat hook at an accessible height. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.6.

14. Genealogical Library. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the Genealogical Library, which was altered in 1997, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking

1. There is no signage at the accessible parking space. Provide signage that complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(5), 4.1.2(7)(a), 4.6.4, 4.30.7.

2. No van-accessible space is provided. Provide a van-accessible parking space that meets the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.2(5)(b), 4.6.4.

B. Restroom.

1. The mirror is mounted 42 inches from the finish floor to the bottom edge of the reflecting surface. Provide a mirror that is 40 inches maximum to the bottom edge of the reflecting surface. Standards §§ 4.1.6(1)(b), 4.1.6(11), 4.22.6, 4.19.6, Fig. 31.

2. The entrance to the restroom is filled with boxes and shelf units. Clear the area so that 36 inches of clear width is provided for an accessible route. Standards §§ 4.1.6(1)(b), 4.1.3(1), 4.2.1, 4.3.3.

15. Belair Mansion. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that Belair Mansion, which was altered in 1994, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. The access aisle is not demarcated and no van accessible space is provided. Provide a van accessible space with a 96 inch wide demarcated access aisle and signage. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.

B. Bedrooms. The bedrooms on the second floor are not accessible to individuals who use wheelchairs. There is a video that shows the mansion, but these bedrooms are not depicted. Provide an alternate means of viewing the bedrooms (such as a video or a still picture display) and develop a policy to inform individuals who use wheelchairs of the availability of the alternate method. 28 C.F.R. § 35.150(b)(2).

C. Unisex Restroom on the Basement Level.

1. The length of both grab bars is 33 inches. Provide a rear grab bar that is at least 36 inches long and provide a side grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long and its end farthest from the back wall is located at least 54 inches from the wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4, Figure 29.

2. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

3. The faucet controls for the lavatory require twisting. Replace the faucets with controls that do not require tight pinching, grasping, or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

D. Restrooms on the Upper Level.

1. The restroom signage is mounted on the restroom doors rather than on the wall adjacent to the latch side of the doors, has a glossy finish, and does not contain Braille or raised letters. Provide signage with Braille and raised letters and a non-glare finish 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 signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

2. There is no directional signage at the upper level restroom, that indicates the location of the fully accessible unisex restroom on the basement level. Provide directional signage. Standards §§ 4.1.6(1)(b), 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.2, 4.30.3, 4.30.5.

3. The restroom door has knob hardware that requires twisting of the wrist to operate. Replace the hardware with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.9.

4. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

16. Sport Fit Total Fitness Club. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that Sport Fit Total Fitness Club, which was altered in 1994, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking.

1. The designated accessible parking spaces are 88 inches wide instead of the minimum 96 inches required. Alter the spaces so that they are 96 inches wide. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.3, Fig. 9.

2. A van-accessible space is not provided. Alter the spaces to provide 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. Standards §§ 4.1.6(2), 4.1.2(5)(b), 4.6.4.

3. The curb ramp extends into the accessible parking spaces’ access aisle. Alter the access aisle so that it is level, with surface slopes not exceeding 1:50 in any direction. Provide a curb ramp complying with the Standards in a location that will not intrude upon the accessible parking spaces or access aisles. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.3, 4.1.2(1), 4.3.8, 4.7.

4. There are three accessible parking spaces, one of which is not reserved by a sign showing the symbol of accessibility. Provide a sign complying with the Standards for the third accessible parking space. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.4.

B. Accessible Entrance.

1. The main entrance is not accessible, and there is no directional signage displayed indicating the route to the designated accessible entrance. Provide directional signage complying with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

2. The designated accessible entrance is not designated with the International Symbol of Accessibility. Provide signage displaying this symbol. Standards §§ 4.1.6(1)(b), 4.1.2(7)(c), 4.30.7.

3. There is no directional signage displayed in the multi-purpose room and the locker rooms indicating the continued accessible route to the lower level. Provide directional signage complying with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.

C. Policy. There is no accessible route to the upper level of the Sport Fit facility. The registration desk, business offices, tennis observation window, large screen television and lounge area are on the upper level. Develop a written agreement between Sport Fit and the City to ensure that the programs, services, and activities operated on the upper level, when viewed in their entirety, are readily accessible to and usable by individuals with disabilities. For example, if a person in a wheelchair requests to observe the tennis courts, steps should be taken to allow that person to view the tennis matches in the tennis court on the lower level. The City will ensure that the employees at Sport Fit have procedures to register or conduct business with a wheelchair user who enters the facility on the lower level. See 28 C.F.R. § 35.150.

D. Locker Rooms.

1. The Sport Fit New Locker Room renovation due to be undertaken in 2000 will provide at least one fully accessible one of each of the following (where provided) in at least one men’s and one women’s locker room: toilet stall (including one 36 inch wide stall as required in § 4.22.4 if 6 or more stalls are provided), shower, lavatory, urinal (men’s room only), mirror, bench, locker, dispensers, controls, etc. Within 30 days of their availability, submit to the Department the design drawings for the renovation of the locker rooms. The Department will review the drawings for conformity to the Standards, and the City will renovate this building in compliance with the Standards. Standards §§ 4.1.6(3)(e)(iii), 4.1.3(11), 4.13, 4.18, 4.19, 4.25, 4.26, 4.27, 4.22, 4.30, 4.23, 4.21.

2. If only one men’s locker room and/or one women’s locker room for the men and women contains accessible features, provide signage directing people with disabilities to the accessible locker rooms and designate the accessible locker rooms with the International Symbol of Accessibility. Standards §§ 4.1.6(3)(e)(iii), 4.1.2(7)(d), 4.30.2, 4.30.3, 4.30.5, 4.30.7.

E. Swimming Pool.

1. There is no access to the swimming pool from the men’s changing room. Provide a ramp that meets the requirements of the Standards. Standards §§ 4.1.6(1)(b), 4.1.2(2), 4.3.8, 4.8.

2. The ramp from the women’s changing area to the swimming pool area has a slope that is greater than 1:12, does not appear to have a level landing, is not stable, firm and slip resistant, and does not have handrails. Reconstruct the ramp so that it meets the requirements of the Standards. Standards §§ 4.1.6(1)(b), 4.1.2(2), 4.8.

F. Tennis Court. The designated accessible route to the tennis facility was constructed in 1997, and has a gravel surface. Reconstruct the route so that the surface is stable, firm, and slip-resistant. Standards §§ 4.1.6(1)(b), 4.1.2(2), 4.3.6, 4.5.

G. Door. The inner door at the lower level (near the employee’s parking lot) on the route to the tennis court has a clear opening width of 27 1/2 inches. Alter the door to provide a minimum clear opening of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards §§ 4.1.6(1)(b), 4.1.3(7)(c), 4.13.5.

H. Drinking Fountains. There are no accessible water fountains. Provide a drinking fountain that is accessible to individuals who use wheelchairs and one accessible to those who have difficulty bending or stooping that complies with the requirements of the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(10), 4.15.

I. Aerobic Room. The aerobic room is not accessible to individuals with mobility impairments. The City should develop a policy with Sport Fit to ensure that the aerobics class is relocated to an accessible location (e.g., the basketball court) when a person with a mobility impairment wishes to participate in the aerobics class. 28 C.F.R. §§ 35.149 and 35.150.

J. Counter. The top of the service counter in the gym is 42 inches above the finish floor. Provide a portion of the counter that is at least 36 inches long and not more than 36 inches high, or provide an auxiliary counter that is not more than 36 inches high in close proximity to the main counter, or provide access programmatically through equivalent facilitation. Standards § 7.2(2).

If the City chooses not to alter the service counter referenced in this paragraph, the City should develop a policy statement that identifies the methods that will be used to ensure that individuals with disabilities are afforded the programs, services and activities that are available at the service counter.

K. Basketball Court. Each leaf of the double-leaf doors to the basketball court has a clear opening width of 28 inches. Alter the door so that one door leaf has a minimum clear opening of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.4, 4.13.5.

EXISTING FACILITIES

17. Bowie Community Center. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the programs offered at the Bowie Community Center are readily accessible to and usable by individuals with disabilities.

A. Parking. One of two designated accessible parking spaces does not have an access aisle and the space is not on the shortest accessible route. The existing access aisle for the other accessible space is 55 inches wide. In addition, a van accessible space is not provided. Relocate the far right hand to the other side of the access aisle space so that it is on the shortest accessible route of travel to the entrance. Alter the spaces to provide 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, and provide an access aisle at least 60 inches wide for the other accessible space. Standards §§ 4.1.2(5)(b), 4.6.2, 4.6.3, 4.6.4, Fig. 9.

B. Accessible Route. The ramp to the entrance from the parking lot is very steep and exceeds the slope requirements of the Standards. Reconstruct the ramp to comply with the Standards, or use the Storybrook entrance as the accessible entrance, identify it with the International Symbol of Accessibility, and provide signage directing people with disabilities to that entrance. Standards §§ 4.1.2(7)(c), 4.3.7, 4.8, 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5.

C. Women’s Restroom.

1. The coat hook on the door to the accessible stall is 66 inches from the floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or no higher than 48 inches above the finish floor for a forward reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

2. The bottom of the reflecting surface of the mirrors is more than 40 inches above the finish floor. Relocate the mirror or add a new mirror so that the sink with lever-type hardware and covered pipes has a mirror over it with a reflecting surface no higher than 40 inches off the finish floor. Standards § 4.19.6.

3. The side and rear grab bars in the accessible toilet stall are 29 inches above the finish floor. Provide side and rear grab bars that are between 33 and 36 inches above the finish floor. Standards § 4.17.6 and Fig. 30(c), (d).

D. Men’s Restroom.

1. The coat hook on the door to the accessible stall is 66 inches from the floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or no higher than 48 inches above the finish floor for a forward reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

2. The bottom of the reflecting surface of the mirrors is more than 40 inches above the finish floor. Relocate the mirror or add a new mirror with a reflecting surface no higher than 40 inches off the finish floor. Standards § 4.19.6.

3. The side and rear grab bars in the accessible toilet stall are 29 inches above the finish floor. Provide side and rear grab bars that are between 33 and 36 inches above the finish floor. Standards § 4.17.6 and Fig. 30(c), (d).

18. City of Bowie Football Field. By October 30, 2001, the City shall correct the following to ensure that the programs offered at the City of Bowie Football Field are readily accessible to and usable by individuals with disabilities.

A. Parking.

1. The accessible parking space has a gravel surface. Resurface the space and access aisle and the accessible route from the space to the stadium so that they are stable, firm, and slip-resistant. Standards § 4.5.1.

2. A van-accessible space is not provided. Provide 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. Standards §§ 4.1.2(5)(b), 4.6.4.

19. Bowie Playhouse

A. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the programs offered at the Bowie Playhouse are readily accessible to and usable by individuals with disabilities.

1. Parking. The designated accessible parking spaces do not have an access aisle that is demarcated. Provide a line indicating the boundary of the access aisle or demarcate the access aisle in another way. Standards § 4.6.3, Fig. 9.

2. Dressing Room. There is no accessible route to the dressing room on the lower level. Develop a policy to ensure that, when an individual with a disability has to use the dressing room, an alternate equivalent accessible space will be designated as the accessible dressing room. 28 C.F.R. §§ 35.149, 35.150.

B. By January 1, 2002, the City shall correct the following to ensure that the programs offered at the Bowie Playhouse are readily accessible to and usable by individuals with disabilities.

1. Entrance. Each of the leaves of the double leaf door has a clear opening width of 30 inches. Provide one door leaf with a minimum clear opening of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards §§ 4.13.4, 4.13.5.

2. Women’s Restroom

a. The door to the restroom has a clear opening width of 29 1/2 inches. Alter the door so that it has a minimum 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.

b. The women’s restroom does not have accessible toilet stalls. Renovate the restroom to provide at least one fully accessible stall. Standards § 4.17.

c. The mirror is mounted 47 inches from the floor to the bottom edge of the reflecting surface. Provide a mirror that is 40 inches maximum to the bottom edge of the reflecting surface. Standards § 4.19.6, Fig. 31.

d. The hot water and drain pipes under the lavatories are not insulated or otherwise configured to protect against contact. Insulate the pipes under the accessible lavatory. Standards § 4.19.4.

3. Men’s Restroom

a. The door to the restroom has a clear opening width of 30 inches. Alter the door so that it has a minimum 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.

b. The men’s restroom does not have accessible toilet stalls. Renovate the restroom to provide at least one fully accessible stall. Standards § 4.17.

c. The mirror is mounted 47 inches from the floor to the bottom edge of the reflecting surface. Provide a mirror that is no more than 40 inches to the bottom edge of the reflecting surface. Standards § 4.19.6, Fig. 31.

d. The hot water and drain pipes under the lavatories are not insulated or otherwise configured to protect against contact. Insulate the pipes under the accessible lavatory. Standards § 4.19.4.

4. Theater. The accessible seating area does not provide adequate space for wheelchair seating. Provide four wheelchair seating locations that are each at least 60 inches deep and 33 inches wide with adjacent fixed companion seats next to each wheelchair seating location. Standards §§ 4.1.3(19)(a), 4.33, Fig. 46.

IMPLEMENTATION AND ENFORCEMENT

20. 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 City will submit written reports to the Department summarizing the actions the City 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.

21. If at any time the City 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.

22. 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 City 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 City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

23. 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.

24. In the event that the City 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 or may declare the Agreement null and void and file suit to enforce title II of the ADA.

25. 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 City or the Department on request.

26. The effective date of this Agreement is the date of the last signature below.

27. 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 City's continuing responsibility to comply with all aspects of the ADA.

28. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

29. The person signing for the City of Bowie represents that he or she is authorized to bind the City to this Agreement.



FOR THE UNITED STATES:

BILL LANN LEE,
Assistant Attorney General for Civil Rights



By:__________________________________
JOHN WODATCH, Chief
L. IRENE BOWEN, Deputy Chief
NAOMI MILTON, Supervising Attorney
BRENDA SHEPPARD, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738

Date:______________________________

FOR THE CITY OF BOWIE

By:__________________________________

Date:______________________________

April 11, 2001