BACKGROUND1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§12131-12134, with the United States Department of Justice ("Department"), against the City of Bryan, Texas (“City”). The complainant alleges that the City violated title II of the ADA and the Department of Justice’s implementing regulation, 28 C.F.R. Part 35, by failing to provide access to individuals with disabilities to the towing services utilized by the City on the City’s wrecker rotation list.
2. The parties to this Settlement Agreement ("Agreement") are the United States of America and the City of Bryan, Texas.
3. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine whether the City complied with title II of the ADA and the Justice Department’s implementing regulation; issue findings; and, where appropriate, negotiate and secure voluntary compliance agreements. 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 of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement as set forth herein, the Department agrees to refrain from undertaking further investigation of this matter or from filing a civil suit in this matter.
4. The City of Bryan, Texas, is a public entity as defined in the Department of Justice’s regulation implementing title II. 28 C.F.R. § 35.104.
5. The subject of this Agreement is the City’s policies and procedures for ensuring that the City utilizes the services of towing companies on the City’s wrecker rotation list that are accessible to individuals with disabilities. The City maintains a rotation list of wrecker companies which provide tow services to vehicle owners, paid for by the owner, dispatched by the City in the event an owner is unable to designate a wrecker or refuses to designate one.
REMEDIAL ACTION6. The City agrees that it will require from wrecker companies, for placement on the City’s rotation list, certification by the wrecker company that it meets the minimum accessibility criteria set forth on the attached Accessibility Criteria Form (hereinafter, “Minimum Accessibility Criteria”).
7. The City agrees that in the event the City becomes aware that a wrecker company on the City’s rotation list is not in compliance with the Minimum Accessibility Criteria, the City agrees to remove the wrecker company from the City’s rotation list until the wrecker company meets the Minimum Accessibility Criteria.
8. In order for the wrecker companies listed below to remain on the City’s rotation list, the following alterations must be completed or the company must move into an alternate facility which meets the Minimum Accessibility Criteria:a. Drakes Towing.
i. There is no accessible parking space provided. Provide a van-accessible parking space that is at least 96 inches wide with a 96 inch wide access aisle and install a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.3, 4.6.4, 4.6.6.
ii. There is no accessible route between the parking lot and the building entrance. Provide an accessible route at least 36 inches in width from the accessible parking space to the building entrance with a surface that is firm, stable and slip-resistant, including, whenever necessary, a ramp with a maximum slope of 1:12 that complies fully with the Standards. There shall be a level landing in front of the building entrance at least 60 inches in length and as wide as the door frame plus at least 18 inches on the latch side of the door. Standards §§ 4.1.2(1), 4.3.2, 4.3.3, 4.5.1, 4.5.2, 4.8, 4.13.6.
iii. The entrance door to the building is not accessible. The door shall be equipped with lever handles on both sides. The door shall have a threshold of no more than 1/2 inch that is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.13.9.b. Lee & Sons Wrecker Service.
i. There is no van-accessible parking space provided. Provide a van-accessible parking space that is at least 96 inches wide with a 96 inch wide access aisle and install a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.3, 4.6.4, 4.6.6.
ii. There is no accessible route between the parking lot and the building entrance. Provide an accessible route at least 36 inches in width from the accessible parking space to the building entrance with a surface that is firm, stable and slip-resistant, including, whenever necessary, a ramp with a maximum slope of 1:12 that complies fully with the Standards. There shall be a level landing in front of the building entrance at least 60 inches in length and as wide as the door frame plus at least 18 inches on the latch side of the door. Standards §§ 4.1.2(1), 4.3.2, 4.3.3, 4.5.1, 4.5.2, 4.8, 4.13.6.
iii. The entrance door to the building is not accessible. Install an accessible entrance door that is at least 36 inches wide and that provides a clear opening width of at least 32 inches measured between the inside face of the door and the opposite door stop with the door open 90 degrees. The door shall be equipped with lever handles on both sides. The door shall have a threshold of no more than 1/2 inch that is beveled with a slope no greater than 1:2. Standards §§ 4.13.5 & Fig. 24, 4.13.8, 4.13.9.
iv. The unisex toilet room is not accessible. Modify the toilet room so that the space and elements, including the entry door, door hardware, clear floor spaces, turning spaces, lavatory, mirror, water closet, controls, grab bars, and dispensers, comply with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16, 4.17, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30.
IMPLEMENTATION9. The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this Agreement or any of its provisions has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of title II, following written notice to the City of possible violations and a period of 10 days in which the City has the opportunity to cure the alleged violations.
10. Failure by the Department to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.
11. This Agreement is a public agreement. A copy of this document or any information contained in it may be made available to any person by the City or the Department upon request.
12. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for one year from the date of the last signature below.
13. 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 will be enforceable under its provisions.
14. In entering into this Agreement, the City does not admit that it violated the Americans with Disabilities Act or any other federal, state, or local law.
15. This Agreement is limited to the facts set forth above and 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 title II of the ADA.
16. The person signing this document for the City of Bryan, Texas, represents that he or she is authorized to bind the City to this Agreement.
The City of Bryan, Texas: FOR THE UNITED STATES:
By: __________________________
MARY KAYE MOORE, City Manager
P.O. Box 1000
Bryan, Texas 77805
Date: 8/22/02
RALPH F. BOYD, JR.
Assistant Attorney General
for Civil Rights
By: __________________________
JOHN L. WODATCH, Chief
SUSAN BUCKINGHAM REILLY, Deputy Chief
NAOMI MILTON, Supervisory Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
(202) 307-0663
Date: 8/26/02
ACCESSIBILITY CRITERIA FORMIN ORDER TO BE ELIGIBLE FOR THE CITY OF BRYAN'S ROTATION LIST FOR TOWING SERVICES, YOUR PROPERTY MUST MEET OR EXCEED THE FOLLOWING CRITERIA AS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT OF 1990.
1. ACCESSIBLE ENTRANCE:At least one accessible route from the boundary of the property shall be provided from the accessible parking and public streets or sidewalks to the accessible building entrance. [The accessible route shall, to the maximum extent feasible, be the same route utilized by the general public.] 28 C.F.R. pt. 36, app. A §4.3.2(1). The minimum width of the accessible route shall be 36 inches, except at doors. 28 C.F.R. pt. 36, app. A §4.3.3. Doorways should have a minimum clear opening space of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. 28 C.F.R. pt. 36, app. A §4.13.5, figures 24 (a-d). Door hardware shall not require tight grasping, pinching, or twisting of the wrist, and shall be operable with one hand. 28 C.F.R. pt. 36, app. A §4.13.9.
Ground and floor surfaces along accessible routes and in accessible rooms, including floors, walks, ramps, stairs, and curb ramps, shall be stable, firm, and slip-resistant. 28 C.F.R. pt. 36, app. A §4.5.1.
If a particular entrance is not accessible, appropriate signage indicating the location of the nearest accessible entrance(s) shall be installed at or near the accessible entrance, such that a person with a disability will not be required to retrace the approach route from the inaccessible entrance. 28 C.F.R. pt. 36, app. A §4.1.6(1)(h).
2. ACCESS TO GOODS AND SERVICES:If there is no accessible entrance to the building that meets the criteria noted above, the company should provide the identical services to persons with disabilities in an alternate, accessible location on-site. The alternate, accessible site should be on an accessible route (at least 36 inches wide) 28 C.F.R. pt. 36, app. A §4.3.3, located under a covered structure; and the alternate location should be accessible without assistance from a third party or company employee.
For the transaction of goods and services, a portion of the main counter a minimum of 36 inches in length shall be provided with a maximum height of 36 inches; 28 C.F.R. pt. 36, app. A §7.2(2)(i); or an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter shall be provided; 28 C.F.R. pt. 36, app. A §7.2(2)(ii).
3. DESIGNATED ACCESSIBLE PARKING:Depending upon the total number of parking spaces available in your lot, a minimum number must be designated accessible spaces. [Please reference chart below.] Accessible parking spaces should be at least 96 inches wide with access aisles at least 60 inches wide and be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. 28 C.F.R. pt. 36, app. A §§ 4.6.3 and 4.6.2, respectively. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. 28 C.F.R. pt. 36, app. A § 4.6.3. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space. 28 C.F.R. pt. 36, app. A §§ 4.6.4. Van accessible spaces shall have access aisles that are at least 96 inches wide and shall have a “van-accessible” sign mounted below the symbol of accessibility. 28 C.F.R. pt. 36, app. A § 4.1.2(5)(b).
Total Spaces Accessible Spaces Van Accessible Spaces 1 to 25 1 space 1 space 26 to 50 2 spaces 1 space 51 to 75 3 spaces 1 space 76 to 100 4 spaces 1 space
28 C.F.R. pt. 36, app. A §§ 4.1.2(5)(a).
4. ACCESSIBLE RESTROOMS:If restrooms are provided for public use, at least one restroom shall be accessible to persons with disabilities and provide adequate maneuvering space for a person using a wheelchair. [The height of the toilet shall be 17 to 19 inches measured to the top of the toilet seat, grab bars must be provided behind the toilet at least 36 inches long and on the side wall nearest the toilet at least 42 inches long and between 33 and 36 inches high. 28 C.F.R. pt. 36, app. A §§4.16.3 and 4.16.4 Fig. 29, respectively. The sink shall be mounted with the rim or counter surface no higher than 34 inches above the finish floor and shall provide a clearance of at least 29 inches above the finish floor to the bottom of the apron. 28 C.F.R. pt. 36, app. A §4.19.2. Hot water and drain pipes under sinks shall be insulated, and faucets shall not require tight grasping, pinching, or twisting of the wrist to operate. 28 C.F.R. pt. 36, app. A §§4.19.4 and 4.19.5, respectively.]
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I certify that my company meets or exceeds the criteria listed above, pursuant to the requirements of the Americans with Disabilities Act of 1990. [If your facility does not meet or exceed the criteria noted above, it will not be eligible for inclusion in the City's rotation list for towing services.]
Signature: _______________________________Title: ________________________
Printed name of designated individual: ______________________________________
Name of Company: ____________________________________________________
Address: ____________________________________________________________
____________________________________________________________________
Phone: _________________ Fax: __________________
**NOTE: The eligibility criteria listed above is cited in accordance with the Standards for Accessible Design, Appendix A, 28 C.F.R. Part 36. A copy of the Standards for Accessible Design will be provided by the City of Bryan, upon request, for specific details regarding accessibility requirements.
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Ajpril 3, 2003