SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CONNECTICUT DEPARTMENT OF TRANSPORTATION
DJ # 204-14-231

BACKGROUND

1. The parties to this settlement agreement (“Agreement”) are the United States of America and the Connecticut Department of Transportation (“ConnDOT”).
2. The United States Attorney’s Office (“USAO”) for the District of Connecticut initiated an investigation of ConnDOT, which owns various intercity and commuter rail transportation stations, for its compliance with Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12131-12165, and its implementing regulations, 28 C.F.R. Part 35.  ConnDOT is also subject to the Department of Transportation’s (“DOT”) regulations implementing the ADA, 42 U.S.C. § 12164; 49 C.F.R. parts 37 and 38.  Pursuant to this investigation, the USAO reviewed available information about ConnDOT’s stations and reviewed an on-site survey of the New London Rail Station (the “Station”) that was conducted between December 2016 and February 2017.  The USAO investigation revealed that ConnDOT has failed to make the Station, for which it is responsible pursuant to ConnDOT's agreement with Amtrak, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 

JURISDICTION

3. The United States Department of Justice, of which the USAO is a component, is responsible for administering and enforcing Title II of the ADA, 42 U.S.C. § 12131-12165, and its implementing regulations, 28 C.F.R. part 35;, 49 C.F.R. parts 37 and 38.
4. The United States is authorized to investigate alleged violations of Title II of the ADA. The United States is also authorized by the ADA to determine ConnDOT’s compliance with Title II of the ADA and Title II’s implementing regulation, and, where appropriate, to resolve the matter by informal resolution, such as through the terms of this Agreement.  If informal resolution is not achieved, the United States is authorized to issue findings, and to initiate negotiations to secure voluntary compliance.  28 C.F.R. part 35, Subpart F.  The Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action to enforce Title II of the ADA.  Id.
5. Title II of the ADA prohibits public entities from discriminating against any individual on the basis of disability, including by excluding such individual from participation in or denying such individual the benefits of the services, programs, or activities of the public entity.  42 U.S.C. § 12132; 28 C.F.R. § 35.130(a).
6. ConnDOT is a public entity within the meaning of Title II of the ADA, 42 U.S.C. § 12131(1)(C); 28 C.F.R. § 35.104; 49 C.F.R. § 37.3.  ConnDOT operates a commuter rail, which has boardings at the New London Rail Station, as defined by 42 U.S.C. § 12161(2).
7. The New London Rail Station is owned by a private entity, Union Station Development, LLC.
8. The ADA required ConnDOT to make all intercity rail station facilities for which ConnDOT is responsible readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, by July 26, 2010.  42 U.S.C. § 12162(e)(2)(A)(ii)(II); 49 C.F.R. § 37.55.  Station facilities include the station structure and any parking facility.
9. If an intercity rail station facility is more than 50 percent owned by a public entity, such as ConnDOT, then that public entity is the “responsible person” that must make the intercity station facility accessible.  42 U.S.C. §§ 12161(5)(A), 12162(e)(2)(A); 49 C.F.R. §§ 37.49(b), 37.55.
10. When more than 50 percent of a station facility is owned by a private entity, then the local commuter operator, such as ConnDOT, and the intercity rail provider, Amtrak, are the “responsible persons,” in proportion to their boardings at that station.  49 C.F.R. § 37.49(d).  In this case, shared responsibility may be allocated differently by mutual agreement of the “responsible persons.”  49 C.F.R. § 37.49(e).
11. A transportation facility is readily accessible to and usable by individuals with disabilities if it meets the requirements set forth in the ADA Standards for Transportation Facilities, set out at Appendices B and D to 36 C.F.R. part 1191, Appendix A to 49 C.F.R. part 37 (the “DOT Standards”).  49 C.F.R. § 37.9(a).  The United States assessed this facility’s compliance with the former Appendix A to 49 C.F.R. part 37, as codified in the October 1, 2006, edition of the Code of Federal Regulations, which was the 1991 ADA Standards, 28 C.F.R. part 36.  49 C.F.R. § 37.9(c)(1).  But any identified violations shall be remedied to bring the facility into compliance with the current DOT Standards.
12. ConnDOT has fully cooperated with the United States’ investigation.  ConnDOT agrees that it is the “responsible person” that must ensure that the New London Rail Station is accessible.  The United States and ConnDOT agree that it is in all the parties’ best interests, and the United States believes that it is in the public interest, to resolve this complaint on mutually agreeable terms without litigation and have therefore agreed to the terms of this Agreement.  Accordingly, ConnDOT has agreed to resolve this matter as set forth below. 

INVESTIGATION

13. The Station is located at 27 Water Street, New London, Connecticut, and serves passengers using Amtrak trains along the Northeast Corridor and Shoreline East commuter trains.  The Department’s investigation revealed the following accessibility issues:

Accessible Routes to the Station

14. The Station does not have accessible routes from the Public Right of Way (“PROW”), public transit, and passenger loading zone to at least one accessible building entrance as required by the Standards.  1991 ADA Standards § 4.1.2(1) and 4.3.2(1); DOT Standards § 206.2.1. 

Station Entrances

15. The Station entrance closest to Water Street, and the Station entrances at the north and south ends of the Station platform, are currently inaccessible.  The Standards require that at least one of the Station’s three public entrances be accessible.  1991 ADA Standards § 4.1.6(1)(h); DOT Standards § 206.4, exception 1.
16. The Station has three public entrance doors:  (1) the Station entrance door on Water Street; (2) the Station entrance door at the south end of the platform; and (3) the Station entrance door at the north end of the platform.  None of the Station’s entrance doors are accessible.  The Standards require that at least one of the Station’s entrance doors be accessible.  1991 ADA Standards § 4.1.3(7)(a); DOT Standards § 206.5.1.

Stairs

17. The Station has three stairs that are part of a means of egress: (1) leading out of the station from Water Street; (2) leading out of the station at the south end of the platform; and (3) leading out of the station at the north end of the platform.  None of the three stairs that are part of a means of egress are compliant with the Standards.  The Standards require that the Station’s stairs that are part of a means of egress be accessible.  1991 ADA Standards § 4.1.3(4); DOT Standards § 210.1.

Waiting Area

18. The Station’s waiting area has display shelves for the train brochures that are not accessible.  The Standards require that at least one of each type of the Station’s train brochure display shelves be accessible.  1991 ADA Standards § 4.1.3(12)(a); DOT Standards § 225.2. 
    

Toilet Rooms

19. The Station has two toilet rooms, one for women and one for men.  Neither of the two toilet rooms are compliant with the Standards.  The Standards require that the Station’s toilet rooms be accessible.  1991 ADA Standards § 4.1.3(11), 4.22.1; DOT Standards § 213.1, 213.2 and 213.3. 

Signage

20. The Station currently has the following types of signage, which are not compliant with the Standards:  station entrance signage; permanent room signage; exit signage; station identification signage; and informational or directional signage.  The Standards require that the Station’s signage be accessible.  1991 ADA Standards § 4.1.3(16)(a)(b); DOT Standards § 218.3, 216.2, 216.3, 216.4 and 216.6.

Accessible Routes to Boarding Platforms

21. The Station has two platforms: the center platform and the south platform.  The Station does not have an accessible route from the station building to either of the boarding platforms. The Standards require at least one accessible route to connect the station building to each of the Station’s boarding platforms.  1991 ADA Standards § 4.1.3(1) and 4.3.2(2); DOT Standards § 206.2.2 and 206.3.
22. The Station has two doors that serve the boarding platforms: (1) the door at the south end of the platform and (2) the door at the north end of the platform. The Standards requires that at least one door be part of the accessible route to the Station’s boarding platforms.  1991 Standards § 4.1.3(7)(c); DOT Standards § 206.5.2.
23. The Station has two ramps, both of which are currently out of compliance:  (1) one leading to the center platform across the train tracks from the Station and (2) one leading to the south platform along South Water Street.  The Standards require that the Station’s ramps to each boarding platform are accessible.  1991 ADA Standards § 4.1.2(1) and 4.3.2(2); DOT Standards § 206.2.2. 

REMEDIAL ACTIONS TO BE TAKEN BY CONNDOT

24. To resolve this matter, ConnDOT agrees to take the following steps to make the Station readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, within 3 years of the execution of the Agreement:

Accessible Routes to the Station

25. To improve accessibility to the Station, ConnDOT shall remediate as necessary to ensure that:
1. there exists at least one accessible route from the PROW, public transportation, and the passenger loading zone to at least one accessible Station entrance pursuant to the DOT Standards § 402.2;
2. there exists at least one accessible route from the PROW, public transportation, the passenger loading zone, and the station building to each boarding platform pursuant to the DOT Standards § 402.2;
3. all accessible routes are free from excessive cross slopes, excessive running slopes, gaps, gratings, and abrupt elevation changes pursuant to the DOT Standards §§ 302.3, 303.1 and 403.3; and
4. all accessible routes are maintained to be readily accessible and usable by persons with disabilities.

Station Entrances

26. ConnDOT shall remediate as necessary to ensure that at least one of the three Station entrances comply with the DOT Standards § 404.1.

Doors

27. ConnDOT shall remediate as necessary to ensure that doors on accessible routes comply with the DOT Standards:
1. doors are smooth on the push side at least ten inches from the floor pursuant to § 404.2.10;
2. doors on the platform side of the Station have interior and exterior threshold bevels sloped no greater than 1:2 pursuant to § 404.2.5, exception;
3. doors on the platform side of the Station have closing speeds of at least five seconds pursuant to § 404.2.8; and
4. doors on the platform side of the Station are compliant with maneuvering clearance requirements pursuant to § 404.2.4.1

Stairs

28. ConnDOT shall remediate as necessary to ensure stairs that are part of a means of egress comply with the DOT Standards:
1. the stairs leading into the station from Water Street have:
1. treads 11 inches deep minimum pursuant to § 504.4;
2. compliant nosing pursuant to § 504.5;
3. handrails with a gripping surface above the nosing between 34 inches and 38 inches on both sides pursuant to § 505.4; and
4. compliant top and bottom extensions pursuant to §§ 505.10.2, 505.10.3.
2. the stairs to the south end of the platform from the Station building have:
1. treads 11 inches deep minimum pursuant to § 504.4; and
2. compliant nosings pursuant to § 504.5.
3. the stairs to the north end of the platform from the Station building have:
1. treads 11 inches deep minimum pursuant to § 504.4;
2. compliant nosing pursuant to § 504.5;
3. handrails with a gripping surface above the nosing between 34 and 38 inches pursuant to § 505.4; and
4. compliant top extensions pursuant to § 505.10.2.

Waiting Area

29. ConnDOT shall ensure that at least one of each type of the Station’s train brochure display shelves comply with the DOT Standards § 308.1. 

Toilet Rooms

30. ConnDOT shall remediate the following areas as necessary to ensure that the men’s and women’s toilet rooms comply with the DOT Standards; or, alternatively, shall design and construct a single user restroom that is fully compliant with the DOT Standards:
1. tactile signage location pursuant to § 703.4.2;
2. accessible privacy locks pursuant to § 404.2.7;
3. door opening force pursuant to § 404.2.9;
4. door closing speed pursuant to § 404.2.8;
5. rooms free of protruding objects pursuant to § 307.2 §;
6. diaper changing surface height pursuant to § 308.1;
7. lavatory mirror height pursuant to § 603.3;
8. lavatory knee clearance height pursuant to § 306.3;
9. water closet centerline to side wall pursuant to § 604.2;
10. flush on open side pursuant to § 604.6;
11. self-closing stall doors pursuant to § 604.8.1.2;
12. accessible stall door pulls on both sides pursuant to § 604.8.1.2;
13. coat hook height pursuant to §§ 603.4, 308.1;
14. toilet paper dispenser placement pursuant to § 604.7;
15. rear grab bars pursuant to § 604.5.2;
16. side grab bars pursuant to § 604.5.1; and
17. clear floor space at an accessible urinal pursuant to § 605.3.

Signage

31. ConnDOT shall remediate as necessary to ensure that the Station has signage that fully complies with DOT Standards §§ 703.1 and 810.6.1.

Accessible Routes to Boarding Platforms

32. ConnDOT shall remediate the accessible routes as necessary to ensure that:
1. there exists an interior accessible route from at least one accessible station entrance to each Amtrak boarding platform, §§ 206.2.2 and 206.3;
2. there exists an accessible route between each platform, §§ 206.2.2 and 402.2;
3. all accessible routes between platforms are free from gaps, gratings, and abrupt elevation changes §§ 302.3, 303.1 and 403.2; and
4. all accessible routes are maintained to be readily accessible and usable by persons with disabilities.

Ramps

33. ConnDOT shall remediate as necessary to ensure that:
    1.  ramps have running slopes no greater than 1:12 pursuant to § 405.2;
    2. the clear width between ramp handrails is at least 36 inches pursuant to § 405.5;
    3. the rise for any ramp run is no greater than 30 inches pursuant to § 405.6;
    4. ramps have edge protection pursuant to § 405.9;
    5. the gripping surface of ramp handrails is between 34 and 38 inches above the ground surface pursuant to §§ 405.8 and 505.4; and
    6. ramp handrails extend at least 12 inches horizontally above the landing at the top and bottom of each ramp run pursuant to §§ 405.8 and 505.10.1.

IMPLEMENTATION AND ENFORCEMENT

34. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter, except as provided in paragraph 35 of this Agreement.
35. The United States may review compliance with this Agreement at any time.  If the United States believes that this Agreement or any portion of it has been violated, the United States will raise its concern with ConnDOT and will attempt to resolve its concern with ConnDOT in good faith.  If the United States is unable to reach a satisfactory resolution of the issue or issues within 30 days of the date it provides notice to ConnDOT, the United States may institute a civil action in federal district court.
36. For the purposes of the immediately preceding paragraph, it is a violation of this Agreement for ConnDOT to fail to comply in a timely manner with any of the requirements in this Agreement without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement.
37. Failure by the United States to enforce any provision of this Agreement shall not be construed as a waiver of the United States’ right to enforce that provision or any other provision of this Agreement.
38. This Agreement constitutes the entire agreement between the parties.  This settlement shall not be considered an admission of wrongdoing or liability by ConnDOT, but is entered into to resolve a disputed claim.  No other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement shall be enforceable.
39. Failure by the United States to enforce a deadline or provision in this Agreement will not be construed as a waiver of the United States’ right to enforce any deadlines or provisions of this Agreement.
40. All notices, demands, or other communications, including reporting materials, to be provided under this Agreement shall be in writing and delivered by email or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

    For the United States:

    Assistant U.S. Attorney Jessica H. Soufer

    For the Connecticut Department of Transportation:

    Bureau Chief Richard W. Andreski

41. This is a public document and may be made available to the public by either party.
42. The effective date of this Agreement is the date of the last signature below.
43. This Agreement shall remain in effect for three years from its effective date.