SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES
OF AMERICA
AND
LaPORTE COUNTY,
INDIANA
UNDER THE
AMERICANS WITH DISABILITIES ACT
DJ 204-26-64
Press Release | Fact Sheet
BACKGROUND
SCOPE OF THE
INVESTIGATION
The United States Department of Justice (Department)
initiated this matter in response to a complaint against LaPorte County,
Indiana (County) filed 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
complainant alleges that entrances, ramps, and toilet rooms at County
facilities are inaccessible to persons with disabilities.
The complaint was investigated by the Disability Rights
Section of the Department's Civil Rights Division and focused on 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
regulation, 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
regulation, 28 C.F.R. § 35.106;
- to
designate a responsible employee to coordinate its efforts to comply with and
carry out the County'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. §§ 35.149 - 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 have been made by January 26, 1995), in
accordance with the Department's title II regulation, 28 C.F.R. §§ 35.150 and
35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt.
36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. §
101-19.6, App. A;
- 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;
- to
provide direct access via TTY (text telephone) or computer-to-telephone
emergency services, including 9-1-1 services, for persons who use TTYs 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); and
- 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).
As part of its investigation, the Department surveyed
the following facilities, which – because construction or alterations
commenced after January 26, 1992 – must comply with the ADA's new
construction or alterations requirements:
County Jail Addition; County Historical Museum; Red Mill Park; and
Eighth Street Office Complex.
The
Department's program access review covered those of the County's programs,
services,
and activities that operate in the
following facilities: Circuit
Courthouse; County Complex; County Jail (Original); Community Corrections
Center; Superior Courthouse; Juvenile Services Center; Small Animal Shelter;
and Luhr Park.
The Department's program access review includes
facilities designated as emergency shelters and polling places, as well as the
County's policies and procedures
regarding voting, emergency management, disaster prevention, and sidewalk
maintenance to evaluate whether persons with disabilities have an equal
opportunity to utilize these programs.
Finally, the Department reviewed the County's law
enforcement policies and
procedures for providing effective communication to persons who are deaf
or hard-of-hearing.
JURISDICTION
- The ADA applies
to LaPorte County because it is a Òpublic entityÓ as defined by title II. 42 U.S.C. § 12131(1).
- The Department is
authorized under 28 C.F.R. Part 35, Subpart F, to determine the County's
compliance with title II of the ADA and the Department'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 should the
Department fail to secure voluntary compliance pursuant to Subpart F.
- The parties to
this Agreement are the United States of America and LaPorte County, Indiana.
- In order to avoid
the burdens and expenses of possible litigation, the parties enter into this
Agreement.
- In consideration
of, and consistent with, the terms of this Agreement, the Attorney General
agrees to refrain from filing a civil suit in this matter regarding all matters
contained within this Agreement, except as provided in the section entitled
ÒImplementation and Enforcement.Ó
ACTIONS TAKEN BY LAPORTE COUNTY
- LaPorte County
has a designated ADA Coordinator.
- LaPorte County
has made modifications to the ramps and walkway connecting the Circuit
Courthouse and the County Complex.
REMEDIAL ACTION
NOTIFICATION
- Within two months
of the effective date of this Agreement, the County will adopt the attached
Notice (Attachment A); distribute it to all agency heads; publish the Notice in
a local newspaper of general circulation serving the County; post the Notice on
its internet home page; and post copies in conspicuous locations in its public
buildings. It will refresh the
posted copies, and update the contact information contained on the Notice, as
necessary, for the life of this Agreement. Copies will also be provided to any person upon request.
- Within three
months of the effective date of this Agreement, and on yearly anniversaries of
this Agreement until it expires, the County will implement and report to the
Department its written procedures for providing information for interested
persons with disabilities concerning the existence and location of the County's
accessible programs, services, and activities.
GRIEVANCE
PROCEDURE
- Within three
months of the effective date of this Agreement, the County will adopt the
attached ADA Grievance Procedure (Attachment B), distribute it to all agency
heads, and post copies of it in conspicuous locations in each of its public
buildings. It will refresh the
posted copies, and update the contact information contained on it, as
necessary, for the life of the Agreement.
Copies will also be provided to any person upon request.
GENERAL
EFFECTIVE COMMUNICATION PROVISIONS
- Within three
months of the effective date of this Agreement, the County will identify
sources of qualified sign language and oral interpreters, real-time
transcription services, and vendors that can put documents in Braille, and will
implement and report to the Department its written procedures, with time
frames, for fulfilling requests from the public for sign language or oral
interpreters, real-time transcription services, and documents in alternate
formats (Braille, large print, cassette tapes, accessible electronic format (e.g., HTML), etc.).
- The County will
take steps to ensure that all appropriate employees are trained and practiced
in using Relay Indiana Service to make and receive calls.
9-1-1
- Within three
months of the effective date of this Agreement, the County will ensure that
each 9-1-1 call station is equipped with a TTY or computer equivalent.
- Within three
months 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 ÒsilentÓ 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.
- The County will
monitor its incoming 9-1-1 TTY calls to ensure they are answered as quickly and
accurately as other calls received.
- The County will
incorporate correct TTY call-taking procedures into 9-1-1 call takers'
performance evaluations and will amend its personnel policies to include
written disciplinary procedures for call takers who fail to perform TTY
call-taking consistent with the training and procedures. The County will implement and report to
the Department its evaluation and procedures within three months of the
effective date of this Agreement.
LAW ENFORCEMENT
AND EFFECTIVE COMMUNICATION
- Within three
months of the effective date of this Agreement, the County will adapt for its
own use and implement the LaPorte County
Sheriff Department's Policy Statement on Effective Communication with People
Who are Deaf or Hard of Hearing (Attachment C) and distribute to all sheriff
department officers the Guide for Law Enforcement Officers When in
Contact with People Who are Deaf or Hard of Hearing (Attachment D).
- Within three
months of the effective date of this Agreement, the County will contract with
one or more local qualified oral/sign language interpreter agencies to ensure
that the interpreting services will be available on a priority basis,
twenty-four hours per day, seven days a week, to its Sheriff's Department, or
make other appropriate arrangements (such as contracting directly with or
hiring qualified interpreters).
- Within three
months of the effective date of this Agreement, the County will ensure that
each Sheriff station or substation and each jail or detention facility is
equipped with a working TTY to enable persons who are deaf, hard of hearing, or
who have speech disabilities to make outgoing telephone calls. Where inmate telephone calls are
time-limited, the County will adopt policies permitting inmates who use TTYs a
longer period of time to make those calls, due to the slower nature of TTY
communications compared with voice communications.
EMPLOYMENT
- Within three
months of the effective date of this Agreement, the County will amend its
employment policies, as necessary, to comply with the regulations of the U.S.
Equal Employment Opportunity Commission implementing title I of the Americans
with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide
that the County:
- will not discriminate
on the basis of disability in its hiring or employment practices.
- 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.
- 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. If an applicant or an employee requests
a reasonable accommodation and the individual's disability and need for the
accommodation are not readily apparent or otherwise known, the County may ask
the individual for information necessary to determine if the individual has a
disability-related need for the accommodation.
- will maintain any employee's
medical records separate from personnel files and keep them confidential.
- will make an
individualized assessment of whether a qualified individual with a disability
meets selection criteria for employment decisions. To the extent the County's selection criteria have the
effect of disqualifying an individual because of disability, those criteria
will be job-related and consistent with business necessity.
POLLING PLACES
- Some County
polling places may be owned or operated by other public entities subject to
title II or by public accommodations subject to title III and, as such, would
be subject to the obligation to provide program access or to remove barriers to
accessibility under the ADA. This
Agreement does not limit future enforcement action against the owners or
operators of these polling places by any person or entity, including the
Department.
- Before
designating any site as a new polling place, the County will survey the site
using the survey instrument at Exhibit F to determine whether the site contains
barriers to access by people with disabilities in the parking, exterior route
to the entrance, entrance, interior route to the voting area, or voting
area. The County will not
designate any such site as a polling place until all such barriers have been
removed.
- Within three
months of the effective date of this Agreement, using the survey instrument at
Attachment F, the County will survey all polling places in sites owned by the
County to identify barriers to access by people with disabilities in the
parking, exterior route to the entrance, entrance, interior route to the voting
area, and voting area. Within six
months of the effective date of this Agreement, the County will report to the Department
the barriers it identified at each polling place. Within one year of the effective date of this Agreement, for
each such polling place, the County will then either (1) ensure that all
barriers to access by people with disabilities have been removed or (2)
identify an alternate polling place with no barriers to access by people with
disabilities. The identification
of accessible polling places will utilize the survey instrument that appears as
Attachment F to this Agreement.
The County will then take immediate steps to change each inaccessible
polling place to a new accessible location. Under this provision of the Agreement, the County will
ensure that barriers at each polling place the Department did not survey are
either removed or a substitute accessible polling place is in operation before
the next election occurring more than twelve months after the effective date of
this Agreement.
- The County will
survey each of the current polling places in sites not owned by the County
using the survey instrument at Exhibit F to determine whether the site contains
barriers to access by people with disabilities in the parking, exterior route
to the entrance, entrance, interior route to the voting area, or voting
area. Within six months of
the effective date of this Agreement, the County will report to the Department
the polling place locations and the barriers it identified, and will request in
writing that each of the owners and operators of the polling places remove the
noted barriers to access for persons with disabilities within one year of the
effective date of this Agreement.
The County will provide a copy of the Department's ADA Checklist for
Polling Places (www.ada.gov/votingck.htm)
with the written request. The
County will simultaneously send a courtesy copy of the request to the Department.
- Within 15 months
of the effective date of this Agreement, the County will determine whether all
the barriers have been removed at the polling places in sites not owned by the
County. If not, for each polling place
that still contains inaccessible parking, exterior route to the entrance,
entrance, interior route to the voting area, or voting area, the County will
identify within 18 months of the effective date of this Agreement an
alternative location where these elements are accessible. That identification will utilize the
survey instrument that appears as Attachment F to this Agreement. The County will then take immediate
steps to change its polling place to the new location. Under this provision of the Agreement,
the County will ensure that barriers at each polling place in a site not owned
by the County are removed or a substitute accessible polling place is in
operation before the next election occurring more than 24 months after the
effective date of this Agreement.
- Until all
polling places in each precinct or voting district have accessible parking,
exterior routes, entrances, interior routes to the voting area, and voting
area, prior to each election, the County will identify and widely publicize to
the public and to persons with disabilities and organizations serving them the
most accessible polling place(s) for each precinct or voting district.
- Within three
months of the effective date of this Agreement, the County will provide
opportunities for same-day balloting for voters with disabilities whose
assigned polling place does not have accessible parking, exterior route to
entrance, entrance, interior route to the voting area, and voting area. The method for providing these
opportunities may include allowing the individual to vote at another nearby
location that is accessible, allowing individuals with disabilities to vote by
an absentee ballot that is accepted if postmarked on the day of the election
(or picked up by election officials at the home of the voter on the same day as
the election), providing curbside voting at the inaccessible polling place, or
any other method that ensures that voters with disabilities have the same
degree of information available to them when casting their ballots as others. If curbside assistance is provided and
a polling place official is not stationed outside to provide assistance to
people with disabilities in curbside voting, it must include a reliable,
effective mechanism by which individuals with disabilities can summon election
officials to provide curbside assistance without leaving their vehicles and
ensure prompt response and assistance with curbside voting from polling
officials.
- Within three
months of the effective date of this Agreement, the County will survey its
voter registration locations for accessibility to persons with disabilities by
using the form provided at Attachment F and will report the results of this
survey to the Department. If
barriers to access are identified, the County will implement and report to the
Department its plan to provide program access, which may include allowing
persons to register to vote through alternative means or at alternative
locations.
- Within three
months of the effective date of this Agreement, the County will make all voter
registration materials available in alternate formats, including Braille, large
print, audio tape, computer disk, and accessible electronic format (e.g., HTML).
- Within the month
prior to the next election that utilizes County polling places, and at yearly
anniversaries of the effective date of this Agreement until it expires, the
County will train poll workers on the rights of people with disabilities and
the practical aspects of assuring those rights. The training will cover, at a minimum: the need to maintain
the physical accessibility of polling locations; how to assist people with
disabilities, as necessary; and how to operate any non-standard voting
equipment or accessible features of standard equipment (particularly new,
accessible equipment).
EMERGENCY
MANAGEMENT PROCEDURES AND POLICIES
- The Department
will work collaboratively with the County to ensure that the County's Emergency
Operations Plan (EOP) will be in compliance with ADA requirements. The touchstone for compliance with ADA
requirements relating to emergency management is Chapter 7 of the Department's ADA
Best Practices Tool Kit for State and Local Government (ADA Tool Kit), which addresses in detail key ADA obligations that apply to all
aspects of emergency management, including planning, preparedness, evacuation,
shelters, medical and social services, lodging and housing programs, recovery,
and rebuilding.
- The County is
committed to compliance with the ADA requirements as described in Chapter 7 of
the ADA Tool Kit. Within 60 days of the effective date of
this Agreement, the County will revise its EOP so that it conforms with Chapter
7 of the ADA Tool Kit, and the
County will provide a copy of its revised EOP (including supporting documents)
to the Department. The Department
will review the revised EOP to ensure compliance with title II of the ADA and
its implementing regulation.
- If the County
contracts with another entity, such as the American Red Cross or another local
government, to provide its emergency preparedness plans and emergency response
services, the County will ensure that the other entity complies with the
following provisions on its behalf.
- Within three
months of the effective date of this Agreement, the County will implement and
report to the Department its written procedures that ensure that it regularly
solicits and incorporates input from persons with a variety of disabilities and
those who serve them regarding all phases of its emergency management plan
(preparation, notification, response, and clean up).
- Within three
months of the effective date of this Agreement, the County will implement and
report to the Department its written procedures that ensure that its community
evacuation plans enable those who have mobility disabilities, vision
disabilities, hearing disabilities, cognitive disabilities, mental illness, or
other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting
voluntary, confidential registries of persons with disabilities who may need
individualized evacuation assistance or notification. If the County adopts or maintains such a registry, its
report to the Department will discuss its procedures for ensuring
voluntariness, appropriate confidentiality controls, and how the registry will
be kept updated, as well as its outreach plan to inform persons with
disabilities of its availability.
Whether or not a registry is used, the County plan should address
accessible transportation needs for persons with disabilities.
- Within three
months of the effective date of this Agreement, the County will implement and
report to the Department its written procedures that ensure that if its
emergency warning systems use sirens or other audible alerts, it will also
provide ways to inform persons who are deaf or hard of hearing of an impending
disaster. The use of auto-dialed
TTY messages to pre-registered individuals who are deaf or hard of hearing,
text messaging, e-mails, open-captioning on local TV stations and other
innovative uses of technology may be incorporated into such procedures, as well
as lower-tech options such as dispatching qualified sign language interpreters
to assist with emergency TV broadcasts.
- Within three
months of the effective date of this Agreement, the County will implement and
report to the Department its written procedures to ensure that emergency
shelters have a back-up generator and a way to keep medications refrigerated
(such as a refrigerator or a cooler with ice). Access to back-up power and refrigeration at such shelters
will be made available to persons whose disabilities require access to
electricity and refrigeration, for example, for using life-sustaining medical
devices, providing power to motorized wheelchairs, and preserving certain
medications, such as insulin, that require refrigeration. The written procedures will include a
plan for notifying persons of the location of such shelters.
- Within three
months of the effective date of this Agreement, the County will implement and
report to the Department its written procedures that ensure that persons who
use service animals are not separated from their service animals when
sheltering during an emergency, even if pets are normally prohibited in
shelters. The procedures will not
unnecessarily segregate persons who use service animals from others but may
take into account the potential presence of persons who, for safety or health
reasons, should not be in contact with certain types of animals.
- Some of the
County's emergency shelters may be owned or operated by other public entities
subject to title II or by public accommodations subject to title III and, as
such, are subject to the obligation to provide program access or remove
barriers to accessibility under the ADA.
This Agreement does not limit such future enforcement action against the
owners or operators of these facilities by any person or entity, including the
Department.
- Within three
months of the effective date of this Agreement, the County will survey all of
the facilities within the County that have been designated to serve as
emergency shelters, and report to the Department identified barriers to access
for individuals with disabilities in parking, entrance, exterior and interior
routes to the sheltering areas, the areas within each facility used as a
shelter, and toilet rooms and bathing facilities serving the shelter area. The County will request in writing that
each of the owners and operators of the shelter facilities remove the noted
barriers to access for persons with disabilities. The request will specify that the remediation be completed
within one year of the effective date of this Agreement. The County will simultaneously send a
courtesy copy of the request to the Department.
- Within 15 months
of the effective date of this Agreement, for each emergency shelter located
within the County, the County will either (1) ensure that all barriers to
access by persons with disabilities have been removed or (2) identify and
designate a substitute emergency shelter with no barriers to access by persons
with disabilities.
- Within three
months of the effective date of this Agreement and until all emergency shelters
have accessible parking, exterior routes, entrances, interior routes to the
shelter area, and toilet rooms serving the shelter area, the County will
identify and widely publicize to the public and to persons with disabilities
and the organizations that serve them the most accessible emergency shelters.
- To the extent
that the County provides opportunities for post-emergency temporary housing to
its residents, within 3 months of the effective date of this Agreement, the
County will develop, implement, and report to the Department its plans for
providing equivalent opportunities for accessible post-emergency temporary
housing to persons with disabilities.
Within one year of the effective date of this Agreement, the County will
ensure that it makes information available regarding accessible temporary
housing (such as accessible hotel rooms within the community or in nearby
communities) that could be used if people with disabilities cannot immediately
return home after a disaster if, for instance, necessary accessible features
such as ramps or electrical systems have been compromised.
SIDEWALKS
- Within three
months of the effective date of this Agreement, the County will implement and
report to the Department its written process for soliciting and receiving input
from persons with disabilities regarding the accessibility of its sidewalks,
including, for example, requests to add curb cuts at particular locations.
- Within three
months of the effective date of this Agreement, the County will identify and
report to the Department all streets, roads, and highways that have been
constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway
is considered an alteration for the purposes of this Agreement. Filling a pothole is not considered an
alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement,
the County will provide curb ramps or other sloped areas complying with the
Standards or UFAS at all intersections of the streets, roads, and highways
identified under this paragraph having curbs or other barriers to entry from a
street level pedestrian walkway.
- Beginning no
later than three months after the effective date of this Agreement, the County
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at any intersection having curbs or other barriers to entry from a street
level pedestrian walkway, whenever a new street, road, or highway is
constructed or altered.
- Within three
months of the effective date of this Agreement, the County will identify all
street level pedestrian walkways that have been constructed or altered since
January 26, 1992. Paving,
repaving, or resurfacing a walkway is considered an alteration for the purposes
of this Agreement. Within three
years of the effective date of this Agreement, the County will provide curb
ramps or other sloped areas complying with the Standards or UFAS at all places
where a street level pedestrian walkway identified under this paragraph
intersects with a street, road, or highway.
- Beginning no
later than three months after the effective date of this Agreement, the County
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at all newly constructed or altered pedestrian walkways where they
intersect a street, road, or highway.
WEB-BASED
SERVICES AND PROGRAMS
- Within one month
of the effective date of this Agreement, and on subsequent anniversaries of the
effective date of this Agreement, the County will distribute to all persons
– employees and contractors – who design, develop, maintain, or
otherwise have responsibility for content and format of its website(s) or third
party websites used by the County (Internet Personnel) the technical assistance
document, Accessibility of State and Local Government Websites to People
with Disabilities, which is Attachment H to
this Agreement (it is also available at www.ada.gov/websites2.htm).
- Within three
months of the effective date of this Agreement, and throughout the life of the
Agreement, the County will do the following:
- Establish,
implement, and post online a policy that its web pages will be accessible and
create a process for implementation;
- Ensure
that all new and modified web pages and content are accessible;
- Develop
and implement a plan for making existing web content more accessible;
- Provide
a way for online visitors to request accessible information or services by
posting a telephone number or e-mail address on its home page; and
- Periodically
(at least annually) enlist people with disabilities to test its pages for ease
of use.
NEW
CONSTRUCTION, ALTERATIONS, AND PHYSICAL
CHANGES TO FACILITIES
- The County will
ensure that all buildings and facilities constructed by or on behalf of the
County are constructed in full compliance with the requirements of 28 C.F.R. §
35.151, including applicable architectural standards.
- .The County will
ensure that alterations to County facilities are made in full compliance with
the requirements of 28 C.F.R. § 35.151, including applicable architectural
standards.
- The elements or
features of the County's facilities that do not comply with the Standards,
including those listed in Attachments I, J, and K, prevent persons with
disabilities from fully and equally enjoying the County'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 and 35.150.
- The County will
comply with the cited provisions of the Standards when taking the actions
required by this Agreement.
- Within three
months of the effective date of this Agreement, the County will install signage
as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all
facilities that are the subject of this Agreement for the purpose of
identifying those that have multiple entrances not all of which are accessible.
- Newly
Constructed Facilities: In
order to ensure that the spaces and elements in County facilities for which
construction was commenced after January 26, 1992, are readily accessible to
and usable by persons with disabilities, the County will take the actions
listed in Attachments I and M.
- Altered
Facilities: In order to ensure
that the spaces and elements in County facilities for which alterations
commenced after January 26, 1992, are readily accessible to and usable by
persons with disabilities, the County will take the actions listed in
Attachments J and M.
- Program
Access in Existing Facilities:
In order to ensure that each of the County's programs, services, and
activities operating at a facility that is the subject of this Agreement, when
viewed in its entirety, is readily accessible to and usable by persons with
mobility impairments, the County will take the actions listed in Attachments K and M.
- Facilities
and Programs Not Surveyed by the Department: The County will review compliance with the requirements of
title II of the ADA for those County facilities and programs that were not
reviewed by the Department. Within
twelve months of the effective date of this Agreement, the County will submit
for review by the Department a detailed report listing the access issues
identified during its review together with the corrective actions and
completion dates proposed to resolve such issues. The review conducted by the County, the access issues
identified, and the corrective actions and completion dates proposed will be
consistent with the requirements of title II of the ADA; the review of County
facilities and programs conducted by the Department for purposes of this
Agreement; and the access issues, corrective actions, and completion dates
reflected in Attachments I, J, K, and M.
- LaPorte
County Jail: Within three months of the effective date of this Agreement,
the County will provide access for inmates with disabilities to all of its
programs, activities, and services, including accessible cells, accessible
toilet rooms, and accessible showers.
PROGRAMS FOR
VICTIMS OF DOMESTIC VIOLENCE AND ABUSE
- If the County
owns or operates any Domestic Violence Programs, within three months of the
effective date of this Agreement, it will do the following:
- Whatever
written information is provided regarding its Domestic Violence Programs will
also be provided in alternate formats, including Braille, large print, audio
recording, and electronic formats (e.g.,
HTML), upon request.
- Enter
into contracts or make other arrangements with qualified sign language and oral
interpreters to ensure their availability when required for effective
communication with persons who are deaf or hard of hearing. The type of aid that will be required
for effective communication will depend on the individual's usual method of
communication, and the nature, importance, and duration of the communication at
issue. In many circumstances, oral
communication supplemented by gestures and visual aids, an exchange of written
notes, use of a computer or typewriter, or use of an assistive listening device
may be effective. In other
circumstances, qualified sign language or oral interpreters are needed to
communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and
important the communication, the more likely it is that a qualified interpreter
will be required for effective communication with a person whose primary means
of communication is sign language or speech reading.
- If
the County's Domestic Violence Programs operate a hotline to take telephone
calls of an emergency nature, the County shall ensure that it provides
equivalent service for persons who use TTYs, including providing
direct-connection service for TTY users with hotline operators, without
requiring TTY users to call through a third party operator, such as through the
state or local Telecommunication Relay Services. The County will obtain the necessary equipment, establish
the written procedures, and provide the training necessary to ensure effective
communication by Hotline staff with direct-connection callers using TTYs, as
well as the training necessary to respond to callers who use the
Telecommunication Relay Services.
- Survey
facilities used as shelters or designated as potential shelters – or for
counseling, job training, education, clothing or household provisioning, or
other aspects of Domestic Violence Programs – to ensure that adequate
arrangements are available for potential clients and family members with
disabilities, including adults and children who have mobility impairments, who
are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date
of this Agreement, modify each such facility to remove the barriers or,
alternatively, procure another, fully accessible facility to ensure that
potential clients and family members with disabilities have integrated options
when participating in a sheltering or other Domestic Violence program. Nothing in this Agreement requires any
modifications that would compromise the confidentiality of a shelter or
counseling center. Until there is
a sufficient stock of accessible housing and other facilities within the
sheltering program, the County will implement written procedures ensuring that it
has identified temporary accessible housing (such as accessible hotel rooms
within the community or in nearby communities) and other facilities that could
be used if people with disabilities need sheltering or in service access to a
Domestic Violence Program. The
cost to potential clients of being housed or otherwise served in alternate
accessible facilities shall not exceed any costs normally attributed to clients
of the County's Domestic Violence Programs.
- Implement
written procedures and modify, as appropriate, eligibility criteria, to ensure
that no person with a disability is turned away from a shelter or otherwise
denied the opportunity to benefit from the services of the County's Domestic
Violence Programs on the basis of disability.
- Implement
written procedures to ensure that persons with disabilities who use service
animals are not denied or discouraged from participating in Domestic Violence
Programs, are able to be housed and served in an integrated environment, and
are not separated from their service animals while participating in the
County's Domestic Violence Programs even if pets are normally not permitted in
the facilities where such programs are conducted. The procedures will not unnecessarily segregate persons who
use service animals from others but may take into account the potential
presence of persons who, for safety or health reasons, should not be in contact
with certain types of animals. If
the County's Domestic Violence Programs require clients to make any payments
for shelter or other services they provide, clients shall not be required to
make additional payments because they or their family members use service
animals.
- Implement
written procedures to ensure that reasonable modifications are made to the
County's Domestic Violence Programs when necessary for a client or family
member with a disability to participate in such Programs, unless doing so would
fundamentally alter the nature of the program.
- Implement
written policies to ensure that despite any Òdrug-freeÓ policy of the County's
Domestic Violence Programs, persons with disabilities who use medication
prescribed for their use are able to continue using such medication while
participating in such Programs or being housed in a shelter.
- If the County
contracts with another entity to provide or operate programs that provide
shelter, counseling, or other assistance or supportive services to victims of
domestic violence or abuse and their families (hereafter referred to as
ÒDomestic Violence ProgramsÓ), it will ensure that the other entity complies with
the preceding provisions on its behalf.
If that entity will not comply with the following provisions, the County
will nonetheless take all necessary steps to ensure that its program is
accessible to persons with disabilities.
- Some of the
County's shelters may be owned or operated by other public entities subject to
title II or by public accommodations subject to title III and, as such, are
subject to the obligation to provide program access or remove barriers to
accessibility under the ADA. This
Agreement does not limit such future enforcement action against the owners or
operators of these facilities by any person or entity, including the
Department.
- This Agreement
shall not be construed to require the County to divulge confidential
information relating to the location or existence of any Domestic Violence
Programs, beyond what is otherwise required by applicable law or what is
necessary for the Department to effectively enforce this Agreement.
MISCELLANEOUS
PROVISIONS
- Except as
otherwise specified in this Agreement, at yearly anniversaries of the effective
date of this Agreement until it expires, the County will submit written reports
to the Department summarizing the actions the County has taken pursuant to this
Agreement. Reports will include detailed
photographs showing measurements, architectural plans, work orders, notices
published in the newspaper, copies of adopted policies, and proof of efforts to
secure funding/assistance for structural renovations or equipment.
- Throughout the
life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will
maintain the accessibility of its programs, activities, services, facilities,
and equipment, and will take whatever actions are necessary (such as routine
testing of accessibility equipment and routine accessibility audits of its
programs and facilities) to do so.
This provision does not prohibit isolated or temporary interruptions in
service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
- Within six
months of the effective date of this Agreement, the County will develop or
procure a two-hour training program on the requirements of the ADA and
appropriate ways of serving persons with disabilities. The County will use the ADA technical
assistance materials developed by the Department and will consult with
interested persons, including individuals with disabilities, in developing or
procuring the ADA training program.
- Within one year
of the effective date of this Agreement, the County will deliver its training
program to all County employees who have direct contact with members of the
public. At the end of that period,
the County will submit a copy of its training curriculum and materials to the
Department, along with a list of employees trained and the name, title, and
address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
- 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 will not be unreasonably withheld or delayed.
- The Department
may review compliance with this Agreement at any time. If the Department believes that the
County has failed to comply in a timely manner with any requirement of this
Agreement without obtaining sufficient advance written agreement with the
Department for a modification of the relevant terms, the Department 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 to enforce the terms of this Agreement,
or it may initiate appropriate steps to enforce title II.
- For purposes of
the immediately preceding paragraph, it is a violation of this Agreement for
the County to fail to comply in a timely manner with any of its requirements
without obtaining sufficient advance written agreement with the Department for
an extension of the relevant time frame imposed by the Agreement.
- Failure by the
Department to enforce this entire Agreement or any provision thereof with
regard to any deadline or any other provision herein will not be construed as a
waiver of the Department's right to enforce other deadlines and provisions of
this Agreement.
- This Agreement
is a public document. A copy of this
document or any information contained in it will be made available to any
person by the County or the Department on request.
- 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 (including its Attachments, which are hereby incorporated by
reference), will 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 and section 504 of the Rehabilitation Act.
- This Agreement
will remain in effect for three years or until the parties agree that all
actions required by the Agreement have been completed, whichever is later.
- The person
signing for the County represents that he or she is authorized to bind the
County to this Agreement.
- The effective
date of this Agreement is the date of the last signature below.
For the Board
of Commissioners of the County of LaPorte:
By:_____________________________
BARBARA HUSTON, President
Board of Commissioners
LaPorte County
813 Lincolnway, Suite 301
LaPorte, IN 48350
Date: 10/6/09 |
For the United
States:
THOMAS E. PEREZ,
Assistant
Attorney General for Civil Rights
JOHN L. WODATCH,
Chief
JEANINE M. WORDEN,
Deputy Chief
DOV LUTZKER,
Special Counsel
By:_____________________________
JENNIFER K.
McDANNELL, Supervisory Attorney
By:_____________________________
SUSAN H. CRAWFORD,
Investigator
THOMAS FODOR, Architect
Disability Rights
Section - NYA
Civil Rights
Division
U.S. Department of
Justice
950 Pennsylvania
Avenue, N.W.
Washington, DC
20530
(202) 307-0663
(202) 514-7821
(fax)
Date: 10/28/09 |
|
|
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November 10, 2009