BACKGROUND

 A. SCOPE OF THE INVESTIGATION

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 Craig County, Virginia ("County"). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleged that County buildings are inaccessible to persons with mobility impairments. He also alleged that the County retaliated against the employee of a local independent living center by evicting him from County office space when, on behalf of the complainant, he objected to a County meeting that was held in an inaccessible location.

The Department expanded the scope of the investigation to include the County’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 regulations (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 County’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;
  
  
• 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 County communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
  
  
• to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the County’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 limited its program access review to those of the County’s programs, services, and activities that operate in the following facilities: Administration Building, County Courthouse, Sheriff’s Office, Craig County Child Care Center, New Castle Commons, and Camp Mitchell. None of the facilities was constructed or altered after January 26, 1992. The Department also reviewed the accessibility of 9 of the County’s 10 polling places. Because the Crossroads Church Fellowship Hall was only to be used in one more election, it was not surveyed.

The County fully cooperated in the Department’s investigation and made access to the facilities available to the Department. The County contests and disagrees that it retaliated in any fashion against the employee of a local independent living center. The office space involved the New Castle Commons, a facility financed by a grant from Community Development. Regardless of such contest, the County wishes to resolve all matters as provided in this Agreement.

B. JURISDICTION

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 under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the County with title II of the ADA and the Department's implementing title II 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 should the Department fail to secure voluntary compliance pursuant to Subpart F.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to investigate the complaint in this matter 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 provided by the Department of Justice to the County should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

The parties to this Agreement are the United States of America and Craig County, Virginia. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

4. In consideration of and consistent with, 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 regarding the areas covered by paragraphs 6 through 35 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.

A. POLICIES AND PROCEDURES

6. In order to inform members of the public of the provisions of title II and their applicability to the County’s programs, services, and activities, the County will publish the attached Notice (Attachment A), within 30 days of the effective date of this Agreement, in a newspaper of general circulation serving Craig County, Virginia.

7. The County will distribute the attached Notice to all agency heads and post copies in conspicuous locations in County buildings, including at all entrances and exists and on public announcement or bulletin boards, within 30 days of the effective date of this Agreement, and will refresh the posted copies, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

8. Within 120 days of the effective date of this Agreement, the County will identify sources of qualified sign language interpreters and vendors of Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and for documents in alternate formats (Braille, large print, cassette tapes, etc.).

9. In order to ensure that court proceedings held in the Courthouse are readily accessible to and usable by individuals with mobility impairments pending completion of the proposed alterations, the County will, within 60 days of the effective date of this Agreement, adopt and implement the attached Policy (Attachment B) entitled, "Policy on Accessibility of Proceedings Held within the Craig County Courthouse."

10. Copies of the attached Policy will be posted in conspicuous locations in the Courthouse within 60 days of the effective date of this Agreement and distributed to all County employees who work in the Courthouse. Copies will also be provided to any person upon request.

11. Within 60 days of the effective date of this Agreement, the County will report to the Department the location of any accessible courtrooms or locations where court proceedings will be held in order to provide accessibility.

12. The County Administrator is on the second floor of the Administration building, which is accessible only by stairs. Develop a written policy to provide County Administrator programs and services in an accessible location upon request.

13. The entry to the vault where county records are kept is 28 1/2 inches wide. The surface of the counter inside the vault is 42 1/4 inches above the finish floor. Develop a written policy for the provision of records to people who cannot access the vault, and ensure that an employee is available to assist individuals in wheelchairs who need access to records. Standards §§ 4.13.5, 7.2(2).

14. The County Courtroom is on the second floor of the County Courthouse, which is accessible only by stairs. Develop a written policy to provide courtroom programs and services in an accessible location upon request until the elevator is installed pursuant to paragraph 27(g)(1).

C. POLLING PLACES

15. The County recognizes that most of the facilities that it uses to hold County elections are not readily accessible to and usable by persons with mobility impairments. Most locations are in facilities that are subject to the obligation to remove barriers to accessibility under title II or title III of the ADA, however, and thus could be subject to an independent federal compliance review. This Agreement does not limit such future enforcement action by any person or entity.

16. The County will continue to search for facilities that do conform to the ADA Standards for Accessible Design with respect to parking, exterior routes, entrances, and interior routes to the voting area.

17. Craig County High School is accessible, but requires the installation of signs to designate the accessible parking spaces. Standards §§ 4.1.2(5), 4.6.4, 4.30.7. The County will request the school’s officials to install signage and that this remediation be completed within 3 months of the effective date of this Agreement.

18. The County will continue to provide absentee voting and agrees to offer mail in ballots, in accordance with Virginia law, provided that the ballots are accepted up to and including the day of the election.

D. 9-1-1 SERVICES

19. Within 120 days of the effective date of this Agreement, the County will equip the Sheriff’s Office with two (2) TTY’s, one available for each line that is dedicated to the 9-1-1 service.

20. Within 120 days of the effective date of this Agreement, the County will develop procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a "silent" open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received.

21. The County will publish a notice in the first reprinting of the local telephone book that takes place after the effective date of this Agreement stating that the 9-1-1 number accepts TTY calls. The notice will be reprinted in subsequent editions of the telephone book for the life of this Agreement.

E. COUNTY COMMUNICATION

22. Within 120 days of the effective date of this Agreement, the County Administrator’s Office will obtain a TTY for communicating with persons who are deaf, hard of hearing or speech impaired. The County will publish a notice in the first reprinting of the local telephone book that takes place after the effective date of this Agreement stating that the Administrator’s Office may receive TTY calls directly from the public just as it receives calls from hearing residents. Such publication will include an explanation that the TTY number functions as a TTY number for all County offices, with the exception of the County Courthouse and the Sheriff’s Office, and it will be reprinted in subsequent editions of the local telephone book for the life of this Agreement.

23. Within 120 days of the effective date of this Agreement, the County will develop and implement written procedures to ensure that TTY calls are returned by the appropriate County official by TTY on the same day the call is received. If the caller’s questions or concerns cannot be handled promptly, the procedures will require a County employee to speak to the caller on the same day in order to establish a time frame for the call-back.

24. Within 120 days of the effective date of this Agreement, the County will ensure that all appropriate employees are trained in using a TTY to make and receive calls and will ensure that the TTY is maintained in good working order.

25. The County will report to the Department within 150 days of the effective date of this Agreement the actions it has taken to comply with these provisions.

F. PHYSICAL CHANGES

In order to ensure that each of the County’s programs, services, and activities, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

26. The County will make the following alterations to the County Administration Building within 18 months of the effective date of this Agreement:

a. Department of Social Services

(1) The west side entrance closest to Social Services is inaccessible. Construct a ramp to this entrance so that it meets the requirements of § 4.8 of the Standards, or post signs at the west entrance and through the Health Department directing the public to the north side entrance. Standards §§ 4.1.2(7)(c), 4.8, 4.30.

(2) The top of the service counter is 48 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with § 7.2(2) of the Standards; or provide access to service at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

(3) The aisle leading to the back offices from the front reception area is 27 3/4 inches wide. Adjust the partition so that the aisle measures 36 inches minimum, or establish an alternate accessible route. Standards § 4.3.3.

b. Health Department

(1) The top of the service counter is 48 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with § 7.2(2) of the Standards; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

(2) The spout outlet height of the drinking fountain is 38 1/2 inches from the finish floor. Lower the fountain or install another drinking fountain so that the spout is no higher than 36 inches, or provide disposable cups next to the fountain that are within accessible reach ranges. Standards §§ 4.2.5, 4.2.6, 4.15.2.
(3) The County will make the following changes to the first floor unisex toilet room within 2 years of the effective date of this Agreement:

(a) The door requires 16 pounds of force to open. Adjust or replace the door closer to ensure that no more than 5 pounds of force is required to open the door. Standards § 4.13.11(2)(b).

(b) There is a one inch change in elevation at the threshold of the entrance door to the toilet room. Alter this threshold so that the change in level is no greater that 1/2 inch and beveled with a slope no greater than 1:2 or install a ramp with a slope no greater than 1:12. Standards §§ 4.5.2, 4.8, 4.13.8.

(c) The toilet room contains the following non-compliant elements: the alcove where the toilet is located is too narrow at 43 inches wide, there is no rear grab bar, both side grab bars are positioned 16 inches from the back wall, the height of the toilet seat is 15 1/2 inches from the finish floor to the top of the seat, the centerline of the toilet is 21 inches from the side wall. Alter the toilet room so that all of the aforementioned elements are in compliance with the Standards or provide another toilet room that complies with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.16.2, 4.16.3, 4.16.4, 4.16.5, 4.22, Figure 28, Figure 29.

(d) The rim of the urinal is 25 inches above the finish floor and the flush control is 46 inches above the finish floor. Lower the urinal or install a urinal with an elongated rim that is no more than 17 inches above the finish floor and a flush control that is no higher than 44 inches above the finish floor. Standards §§ 4.18.2, 4.18.4.

(e) The legs supporting the lavatory are 161/4 inches apart, preventing a forward approach. Provide support for the lavatory or a new accessible lavatory so that 30 inches by 48 inches of clear floor space is provided extending at least 19 inches under the sink. Standards § 4.19.3, Figure 32.

c. Electoral Board

(1) There is a one inch change in level at the entrance door. Alter the threshold so that the change in level is no greater than 1/4 inch or between 1/4 and 1/2 inch and beveled with a slope no greater than 1:2, or install a ramp complying with § 4.8 of the Standards with the required level maneuvering clearance at the door. Standards §§ 4.5.2, 4.8, 4.13.6, 4.13.8.

(2) The top of the service counter is 41 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with § 7.2(2) of the Standards; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

27. The County shall complete the following alterations to the County Courthouse within 3 years of the effective date of this Agreement:

a. Commissioner of Revenue

(1) There is a 7 1/2 inch step to the entrance of this office. Install a ramp that complies with § 4.8 of the Standards with the required level maneuvering clearance at the door or provide an alternate interior accessible route. Standards §§ 4.8, 4.13.6, 4.13.8.

(2) The door hardware on the storm door is not accessible. Provide hardware that are operable with one hand and does not require tight grasping, pinching or twisting of the wrist. Standards § 4.13.9

(3) The top of the service counter is 42 inches above the finish floor. Provide a counter that it is at least 36 inches wide and no more than 36 inches high; or provide and auxiliary counter with a maximum height of 36 inches in compliance with § 7.2(2) of the Standards; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

b. The front entrance to the Courthouse is not accessible. Install directional signs at the front entrance to the new accessible side entrance. Standards § 4.1.3 (16).

c. The top of the service counter in the Treasurer’s Office is 42 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with § 7.2(2) of the Standards; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

d. The top of the service counter in the Circuit Court Clerk’s Office is 431/2 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with § 7.2(2) of the Standards; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

e. The spout outlet height of the drinking fountain in the main hallway is 42 inches from the finish floor. Provide an accessible drinking fountain that complies with § 4.15 of the Standards, or provide cups at the fountain within accessible reach ranges. Standards §§ 4.2.5, 4.2.6, 4.15.2.

f. Both the men’s and women’s toilet rooms are not accessible. Provide accessible men’s and women’s toilet rooms that are fully compliant, including signage, door openings, toilet stalls, toilets, dispensers, mirrors, and lavatories. Ths County shall also have directional signs posted at the inaccessible toilets to the accessible toilets. Standards §§ 4.13.5, 4.13.9, 4.16, 4.19, 4.22, 4.26, 4.27, 4.30.4, 4.30.5, 4.30.6, Figure 28, Figure 29.

g. Courtroom

(1) The only access to the courtroom is by two flights of stairs. Install an elevator that complies with § 4.10 of the Standards.

(2) Each leaf of the double doors provides a clear opening width of 221/2 inches. Alter the doorway so that one leaf provides a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. Standards §§ 4.13.4, 4.13.5. Alternatively, develop a written policy to keep both doors propped open when court is in session.

(3) The attorneys’ tables have a knee clearance of 24 inches between the apron of the table and the finish floor. Provide a writing surface in the courtroom that is usable by persons using wheelchairs. Standards §§ 4.32.3, 4.32.4.

(4) The jury box consists of two raised tiers. The bottom tier is 71/2 inches above the finish floor and the second tier is 71/2 inches above the first tier. In order to accommodate jurors who use wheelchairs, the County shall choose one of the following options: a) move the railing so that the space between the railing and the jury box is at least 30 inches wide; b) alter the jury box so that one space on the first row is accessible; c) remove the lower platform tier; or d) conduct jury trials in an alternate location when a member of the jury is using a wheelchair. Standards §§ 4.1.6, 4.2, 4.3.

(5) There is a 271/2 inch aisle behind the jury box that leads to the jury room/law library. When a member of the jury uses a wheelchair, the County will have all jurors use an alternate accessible route that is marked by directional signs to the jury deliberation room. Standards §§ 4.3.

(6) The witness stand is elevated 151/2 inches above the finish floor and is accessible only by steps. The County will have witnesses using wheelchairs sit directly in front of the existing witness stand to testify. 28 C.F.R. §36.202(c), Standards § 4.3.

28. The Sheriff’s Office is not accessible. Within 3 years of the effective date of this Agreement, the County shall provide accessible office space for the Sheriff’s Department in the new addition to the Courthouse, including accessible routes, signs, entrances, reception areas, counters, toilet rooms, water fountains, and holding cells. The County will also insure that the current Sheriff’s Office will be closed to public access. Standards §§ 4.1.3, 4.2.5, 4.2.6, 4.3, 4.8, 4.13, 4.15, 4.16, 4.19, 4.22, 4.26, 4.27, 4.30, Figure 25, 28, 29.

29. The County shall complete the following alterations to the Child Care Center within one year of the effective date of this Agreement:

a. The designated accessible parking space is not accessible. Establish a van accessible parking space that is in compliance with the Standards. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7.

b. The ramp from the parking lot to the front entrance has a 11/4 inch change in level at the bottom of the ramp. Extend the ramp so that there is no vertical change in level between the ramp and the bottom landing and no slope greater than 1:12. Standards § 4.8.2.

c. The top of the counter in the vestibule is 41 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with § 7.2(2) of the Standards; or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

d. The slope of the ramp inside the vestibule exceeds 1:12. The interior door opens out, and there is no level landing at the top of the ramp. Install a power assisted door and a ramp that conforms with the Standards. Standards § 4.8, 4.13.12.

e. There is no accessible toilet room. Provide at least one accessible unisex toilet room, with compliant signage so that the spaces and elements, including the door, water closet, grab bars, lavatory, mirror, controls and dispensers, and signage comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30, Figures 28, 29, 31 and 32.

30. The County shall complete the following alterations to New Castle Commons within one year of the effective date of this Agreement:

a. The surface of the folding counter in the laundry room is 38 inches above the finish floor. There is no clear floor space in front of the counter. Provide a counter that is between 28 and 34 inches high and has 30 inches by 48 inches of clear floor space adjoining the accessible route. Standards §§ 4.2.4, 4.32.4, Figure 4.

b. The sink in the laundry room has twist-type faucet hardware. Replace the controls with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.24.7.

31. The Department understands that the Ruritan Club, lessee, has agreed with the County to renovate and maintain Camp Mitchell. The Department also understands that should the Ruritan require assistance in making the alterations, the County will undertake the alteration to bring Camp Mitchell into compliance with the ADA. The County shall inform the Ruritan Club of the Department’s findings and recommendations regarding Camp Mitchell. The following alterations to Camp Mitchell shall be completed within two years of the effective date of this Agreement:

a. There is no accessible parking space provided. Establish a van accessible parking space in compliance with the Standards. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7.

b. There is no accessible route to the picnic tables behind the main building. The picnic tables are not accessible to persons who use wheelchairs. Provide an accessible eating surface that is on an accessible route. Standards §§ 4.3, 4.32.3, 4.32.4.

c. The highest operable part of the telephone in the gymnasium’s front entry way is 64 inches above the finish floor, is not hearing aid compatible and does not have a volume control. Provide a public telephone that has hearing aid compatibility, volume control, and signage and has its highest operable part no higher than 54 inches for a side reach. Standards §§ 4.2.6, 4.31.

d. Locker Rooms

(1) The lavatories in both the men’s and women’s locker rooms provide knee clearance of 27 inches above the finish floor and have twist-type faucet controls. Alter the lavatories so that there is clearance of at least 29 inches above the finish floor to the bottom of the apron. Replace those with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.2, 4.19.5, 4.27.4, Figure 31.

(2) The mirror in the women’s locker room is mounted so that the bottom of the reflecting surface is 52 3/4 inches above the finish floor. Provide a mirror so that the bottom of its reflecting surface is not more than 40 inches above the finish floor. Standards § 4.19.6.

(3) The paper towel dispensers in both the men’s and women’s locker rooms are mounted 60 inches above the finish floor. Reposition the dispenser or provide a new dispenser no higher than 54 inches from the finish floor for a side approach. Standards §§ 4.2.6, 4.22.7, 4.27.3.

(4) In the men’s locker room, the passageway to the urinals from the lavatory area is 26 1/4 inches wide. Alter the space so that the passageway is at least 36 inches wide. Standards § 4.3.3.

(5) The rim of the urinal is 34 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. Standards § 4.18.2.

(6) In each locker room, provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep if the toilet is wall-mounted) such that all of the stalls’ elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.17, 4.19, 4.22, 4.26, 4.27, Figure 30.

(7) The coat hooks in the dressing area of the men’s locker room are 75 inches above the finish floor. Provide a coat hook that is 54 inches above the finish floor for a side reach. Standards §§ 4.2.6, 4.25.3.

(8) There is a 3 1/2 inch change in level at the entrance of the shower room in the men’s locker room. Alter the threshold so that the change is no greater than 1/2inch. Standards § 4.21.7.

(9) There are six shower heads in the men’s showers, all mounted 73 inches above the finish floor. The controls for the shower are 52 inches above the finish floor and there are no grab bars provided. Provide one shower unit, with a shower head mounted at a 48 inch fixed position. Install the controls of the accessible shower head so that they are between 38 and 48 inches off the finish floor. Install grab bars that comply with Figure 35(b) of the Standards. Standards §§ 4.21.5, 4.21.6, Figure 35(b), Figure 37.

(10) The soap dish in the men’s shower is 56 1/2 inches above the finish floor. Lower the soap dish so that it is no more than 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.22, 4.27.3.

(11) There are 4 individual shower stalls with dressing areas in the women’s locker room. The dressing areas are 34 1/2 inches wide by 31 inches deep. The shower stalls in the women’s locker room have door openings 20 1/2 inches wide and thresholds of 3 inches. The stall lacks a seat and grab bars. The controls and shower head are positioned too high. Alter the dressing area of one shower stall so that it provides 48 inches by 36 inches of clear floor space. Standards § 4.21.2, Figure 35. Provide an accessible shower stall so that all the stall’s elements, including shower head, grab bars, seat, controls, and dispensers comply with the Standards. Standards §§ 4.21, 4.26, 4.27, Figure 35, Figure 36, Figure 37.

e. The sink in the kitchen allows 20 1/4 inches of knee clearance and is 37 inches high from the top of the sink to the finish floor. Install a sink so that the top is no higher than 34 inches and provides at least 27 inches of knee clearance. Standards §§ 4.24.2, 4.24.3.

32. The County will ensure that any new construction or future alterations made to existing facilities will be in compliance with the Standards.

33. The County will ensure that any County owned facilities currently closed and scheduled to be reopened will be accessible before the reopening.

ADDITIONAL RELIEF

34. Within 30 days of the effective date of this Agreement, the County will allow the use of the common areas at the New Castle Commons by the Blue Ridge Independent Living Center for at least two (2) hours each month upon such schedule as may be mutually agreeable.

35. Within 10 days of the effective date of this Agreement, the County will create a memorial fund in the name of the complainant, Bruce Lee, that will be used to assist disabled individuals living in Craig County. The County will place the initial $2500 in an escrow account and add $2500 each year thereafter for five (5) years. The Blue Ridge Independent Living Center shall be notified of the fund and given access to the account in order to administer the fund and set the terms for distribution. A copy of a statement for the escrow account shall be forwarded to the Department within 40 days of the effective date of this Agreement.

IMPLEMENTATION AND ENFORCEMENT

36. Except as otherwise specified in this Agreement, at 120 and 210 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.

37. 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.

38. 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.

39. 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.

40. 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 or may declare the Agreement null and void and file suit to enforce title II of the ADA.

41. 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.

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

43. 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.

44. 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.


45. The person signing for Craig County, Virginia, represents that he or she is authorized to bind the County to this Agreement.

For the County:	For the United States:
__________________________ CAROL R. VINCENT, County Administrator __________________________ STEVE DEVINNEY, Chairman Date __December 11, 2001______	RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY, Deputy Chief NAOMI MILTON, Supervisory Attorney AMELIA M. EDUARDO, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date __January 30, 2002_____________

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, Craig County (County) will not discriminate against qualified individuals with disabilities on the basis of disability in the County's services, programs, or activities.

The County does not discriminate on the basis of disability in its hiring or employment practices. The County will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. Craig County will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the County’s business.

The County will provide appropriate auxiliary aids and services, including qualified sign language interpreters, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a County program, service, or activity, should contact _______________ , the Craig County _____ at __________ as far in advance as possible.

A person with a disability who requires an accommodation or an auxiliary aid or service such as an assistive listening device or a sign language interpreter, to participate in a court proceeding to be held in the County Courthouse should contact __________ , at __________ as far in advance as possible, but no later than 48 hours prior to the scheduled time of the proceeding. If a party is represented by counsel, it is the responsibility of the attorney to make such request on behalf of his/her client and/or witness. The County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

Craig County (County) has adopted the following procedures so that services, programs, or activities that would otherwise be provided in an inaccessible location in the Craig County Courthouse are readily accessible to and usable by individuals with mobility disabilities.

PROCEEDINGS TO BE RELOCATED UPON 48 HOURS NOTICE

If an individual with a mobility impairment chooses or is required to attend a proceeding (i.e., party, juror, attorney, witness, spectator) that is held in an inaccessible location in the Craig County Courthouse, the proceeding will be relocated to an accessible location after a request to relocate the court proceeding is made to __________ at least forty-eight (48) hours prior to the scheduled commencement of the proceeding. If a party to a proceeding is represented by counsel and either has a need to request relocation of the proceeding, or requires the presence of a person at the proceeding who requests relocation, then the proceeding shall be relocated upon such request.

ACCESS TO PROCEEDINGS WITH LESS THAN 48 HOURS NOTICE

If a participant (e.g., party, juror, attorney, witness) with a mobility impairment is required to attend a proceeding that is held in an inaccessible location in the Craig County Courthouse, and forty-eight (48) hours notice has not been provided to __________ when requesting relocation of a court proceeding to an accessible location, the proceeding will be postponed until such proceeding can be relocated to an accessible location.

DUTIES OF THE CIRCUIT COURT CLERK

Once a request to relocate a proceeding to an accessible location is received, the __________ will:

1) contact the judge who will preside over the proceeding to inform him or her of the request to relocate the proceeding to an accessible courtroom;
2) contact the judge who was scheduled to preside over proceedings scheduled at the same time in the accessible courtroom so that he or she is informed of the relocation of both proceedings;
3) contact parties, jurors, and attorneys who must be present at the proceedings to inform them of the new location; and,
4) post written notice of the new location of the proceedings in conspicuous locations of the Courthouse where court dockets or schedules are routinely posted, especially outside the door of each courtroom.

March 5, 2002