DJ# 204-58-220

I. BACKGROUND

A. SCOPE OF INVESTIGATION

The United States initiated this matter as a compliance review of Byesville in Guernsey County, Ohio, under Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131–12134, and the United States Department of Justice's implementing regulation, 28 C.F.R. Part 35. The United States Attorney's Office for the Southern District of Ohio conducted the review.

As more specifically identified in the attached spreadsheet ("Exhibit 1"), the United States reviewed compliance at the following facilities, under the ADA's new construction and alterations requirements for facilities constructed or altered after January 26, 1992 or under the ADA's program access requirements for facilities constructed prior to January 26, 1992, as applicable:

• Byesville Village Hall, 221 East Main Street, Byesville, Ohio;
• Sidewalks and curb cuts near Byesville Village Hall, specifically identified in the photographs referenced and attached to Exhibit 1;
• Byesville Village Park, Meek Avenue, Byesville, Ohio; and  
• Byesville Water Treatment plant, 59870 Vocational Road, Byesville, Ohio.

B. JURISDICTION

1. The ADA applies to Byesville because it is a “public entity” as defined by Title II. 42 U.S.C. § 12131(1).

2. The United States is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of Byesville with Title II of the ADA and the Department of Justice’s Title II implementing regulation, to issue findings, and, where appropriate, to 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.

3. The parties to this Agreement are the United States of America and Byesville, Ohio.

4. Based on its review of Byesville’s programs, services, activities, and facilities identified above, the United States has concluded that qualified individuals with disabilities are, by reason of such disabilities, excluded from participation in or are denied the benefits of many of Byesville’s programs, services, or activities or are subjected to discrimination in violation of Title II of the ADA. The agreed upon remedial actions in Section III below are intended to remedy those violations.

5. The parties enter into this Agreement to avoid the burden and expense of a further investigation and possible litigation.

6. In consideration of, and consistent with, the terms of this Agreement, the Department of Justice agrees to refrain from filing a civil suit over the elements addressed in Exhibit 1, except as provided in the section entitled “Implementation and Enforcement.”

II.ACTIONS ALREADY TAKEN BY BYESVILLE

7. As of the execution of this Settlement Agreement, Byesville represents that it has improved the sidewalks and curb cuts identified in Exhibit 1 (Items 65–73) to make them ADA compliant.

III. REMEDIAL ACTION

A. NOTIFICATION

8. Within two months of the effective date of this Agreement, Byesville will adopt the attached Notice under the ADA, Exhibit 2 (Notice), publish the Notice in a local newspaper of general circulation serving Byesville, place the Notice on its internet home page at http://www.byesvilleoh.gov , and post the Notice in a conspicuous location of public use in the Village Hall. Byesville will ensure that the Notice will comply with WCAG 2.0 AA, published by the World Wide Web Consortium (W3C), Web Accessibility Initiative (WAI), available at www.w3.org/TR/WCAG . Byesville will update the Notice and contact information as necessary during the term of this Agreement. Byesville will provide the Notice to any person upon request.

B. GENERAL REMEDIES

9. New Construction or Alterations: The parts of a Byesville facility that are in public use and do not comply with the 2010 ADA Standards (or the 1991 ADA Standards, as applicable), as listed in Exhibit 1, prevent people with disabilities from fully and equally enjoying Byesville’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149-35.151. Any construction or alterations to those facilities by Byesville or on its behalf will fully comply with the requirements of the 2010 ADA Standards.

10. Program Access in Existing Facilities: Byesville will make its programs, services, and activities, when viewed in their entirety, readily accessible to and usable by people with disabilities so they can participate equally in Byesville’s programs, services, and activities.

11. Sidewalks and Curb Cuts: In addition to the modifications identified in Paragraph 7 of this Agreement, Byesville will ensure that sidewalks, including curb ramps or other sloped areas, comply with the 2010 ADA Standards.

12. Areas Not Currently in Public Use: Byesville has represented that certain areas are not currently in public use. These areas include an area of flooding beyond Pavilion #1 in the Village Park (Exhibit 1, Items 113–114, 125), the outside entrance to the police station at the Village Hall (Exhibit 1, Item 34),  and certain areas of the Waterworks Facility (Exhibit 1, Items 74–77, 146–147). If these or other areas are used by the public in the future, Byesville will make them compliant with the 2010 ADA Standards prior to public use.

C. SPECIFIC REMEDIES

13. Byesville will make the following modifications, as detailed in Exhibit 1, on or before the date identified below:

    Byesville Village Hall, 221 East Main Street, Byesville, Ohio
    June 30, 2016
    Accessible route into Wills St. entry (Item 7)
    Directional signage (Items 8–10)
    Entry door facing Wills St. (Items 11–13)
    Hallway counter – water dept. (Item 14–15)
    Hallway information rack – water dept. (Item 16)
    Hallway informational sign – water dept. (Item 17)
    Hallway informational sign – income tax dept. (Item 18)
    Information rack – income tax dept. (Item 19)
    Counter – income tax dept. (Items 20–21)   
    Hallway sign for water dep’t room (Item 22)
    Hallway sign for income tax dep’t room (Item 23)
    Door knob for water dep’t room (Item 24)
    Door knob for income tax dep’t room (Item 25)
    Clear width of doorway to income tax dep’t room (Item 26)
    Sign for police station (Item 27)
    Door knob for police station (Item 28)
    Maneuvering clearance at door to police station (Item 29)
    Directional signage to accessible toilet (Item 46)  
    Sign for records room (Item 55)
    Door knob for door to records room (Item 56) 
    Sign for council room (Item 57)
    Door knob for door to council room (Item 58)
    Sign for town hall clerk room (Item 59)
    Door knob to clerk room (Item 60)
    Clear floor space for clerk room (Item 61)
    Clear width for doorway to clerk room (Item 62)
    Hallway sign to office of the mayor (Item 63)
    Door to office of the mayor (Item 64) 
     
    

    December 31, 2016
    

    Parking lot along Wills St., spaces, access aisle, signage (Items 1–6) 
    Toilet rooms (Items 35–45, 49–54)
    Maneuvering clearance in toilet rooms corridor (Items 47–48)

    Byesville Village Park, Meek Avenue, Byesville, Ohio
    

    December 31, 2016
    Park parking area, access aisle, spaces, signage (Items 85–87)
    Pepsi machine (Items 88–89, 107–108)
    Gatorade machine (Items 109–110)
    Accessible route to picnic tables (Item 111)
    Accessible route to base of gazebo (Item 112)
     
    December 31, 2017
    Park vehicular roadway - speed bumps (Item 126)
    Park toilets (Items 127–145)
    

    December 31, 2018
    Park path (Item 90)
    Park play structures (Items 91–99)
    Accessible route to park seating, benches, swing benches (Items 100, 102)
    Cross slope of treed alley (Item 101)
    Accessible route to drinking fountain (Item 105)
    Drinking fountain (Item 106)
    Accessible route to park shop (Items 115–117)
    Accessible route for park pavilion #3 (Item 118–119)
    Accessible route for park pavilion #2 (Item 120)
    Accessible route for park pavilion #1 (Items 121–124)
    

    Byesville Water Treatment plant, 59870 Vocational Road, Byesville, Ohio

    December 31, 2016

    Toilet room (Items 78–80)
    Parking lot signage (Item 81)
    Parking lot curb ramps, access aisle, parking spaces, slope of lot (Items 82–84)

D. MISCELLANEOUS PROVISIONS

14. Byesville will provide the United States with copies of all architectural plans and instructions necessary to make the modifications detailed in Paragraph 13, above, for approval prior to implementing the plans. Byesville will not begin work (for modifications not already completed as of the date of this Agreement) until the United States has made any corrections or modifications and indicated that Byesville may proceed. The United States may make any corrections or modifications to those plans as necessary for ADA compliance.

15. Six months after the date of this Agreement and annually thereafter until it expires, Byesville will provide written reports to the United States summarizing its actions taken pursuant to this Agreement. Reports will include but are not limited to photographs showing the modified element(s) and relevant measurements, final architectural plans, published notices, and copies of any adopted policies. 

16. Throughout the term of this Agreement, consistent with 28 C.F.R. § 35.133(a), Byesville will maintain the accessibility of its programs, activities, services, facilities, and equipment, including routinely testing accessibility equipment and routinely auditing the accessibility of its programs and facilities. This provision, however, does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

17. Within one year of the effective date of this Agreement, and annually thereafter throughout the term of this Agreement, Byesville will provide a training program to its employees, contractors, or agents regarding the requirements of the ADA and appropriate ways of serving people with disabilities. The training shall last at least four hours. Within nine months of the effective date of this Agreement, Byesville will submit to the United States for review and approval, a description of the training, the agenda, copies of training materials, and the name, title, and address of the trainer.

IV. IMPLEMENTATION AND ENFORCEMENT

18. Byesville may seek to modify this Agreement because of changed conditions making performance impossible by notifying the United States in writing, setting forth the modification and the facts to support it. Until the United States agrees to the modification in writing, no modification will take effect.  The United States will not unreasonably withhold its agreement.

19. The United States may review compliance with this Agreement at any time.  Byesville will cooperate with the United States. If the United States believes that Byesville has failed to comply with this Agreement, then the United States will notify Byesville in writing. If, after 30 days of providing Byesville with written notice of non-compliance, the United States determines that Byesville has failed to come into compliance, the United States may institute a civil action in federal district court to enforce the terms of this Agreement and may take appropriate steps to enforce Title II.

20. It is a violation of this Agreement for Byesville to fail to comply in a timely manner with any of the requirements of this Agreement.

21. Failure by the United States to enforce any provision of this Agreement is not a waiver of the United States of America’s right to enforce any provisions of this Agreement.

22. This Agreement is a public document. Byesville will provide a copy of this Agreement to any person, upon request.

23. This Agreement (including its Exhibits) is 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 will be enforceable. This Agreement does not remedy any other potential violations of the ADA or other federal law. This Agreement does not relieve Byesville of its continuing obligation to comply with all aspects of the ADA.

24. This agreement will remain in effect for three (3) years.

25. The person signing for Byesville represents that he or she is authorized to bind Byesville to this Agreement.

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