BACKGROUND
A. SCOPE OF THE INVESTIGATION
The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Logan, Utah, ("City") 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. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements:
The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: City Hall/Library, Police Station, Fire Station, Ellen Eccles Theater, Community Recreation Center, Municipool, Second Dam Park, Canyon Entrance/First Dam Park, Lunderstrom Park, Logan City Cemetery, Adams Park, River Hollow Park, Stewart Nature Park, Merlin Olsen Central Park, Garff Wayside Gardens, Willow Park Zoo, Logan River Golf Course, Service Center, and Logan Transit Center.
B. JURISDICTION
1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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.
3. The Department is also authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City'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 to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
C. ACTIONS TAKEN BY THE CITY
4. The City conducted a self-evaluation and developed a transition plan, to comply with § 504 of the Rehabilitation Act, in 1993. Programs and services were thoroughly reviewed and a number of barrier removal projects were undertaken pursuant to the self-evaluation and transition plan.
5. The City installed a new elevator at the Ellen Eccles historic theater to provide access to all floors.
6. The City reviewed all of its employment applications and revised them to eliminate any inquiries that violated the ADA. Physical examinations were reviewed to ensure that they are limited to those positions where the physical requirements are job related and consistent with business necessity.
7. The City has an ADA Coordinator for all ADA matters.
The parties to this Agreement are the United States of America and Logan City, Utah. In order to avoid the burdens and expenses of possible litigation, the parties hereby agree as follows:
D. REMEDIAL ACTION
8. 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 10 through 25 of this Agreement except as provided in paragraphs 27 and 29.
9. 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.
E. PHYSICAL ALTERATIONS
In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.
10. The City shall complete the following remediations to Logan Transit Center within one year of the effective date of this Agreement:
a. Men's and Women's Toilet Rooms. The toilet rooms do not have accessible signs. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16), 4.30.4, 4.30.5, 4.30.6.
11. The City shall complete the following remediations to Logan River Golf Course within one year of the effective date of this Agreement:
a. Parking. There are no signs designating the parking spaces as accessible. Designate each accessible parking space with the international symbol of accessibility mounted so that it cannot be obscured by a vehicle parked in the space, and provide at least one van accessible parking space with a 96 inch wide access aisle and a "van-accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.1.2(7)(a), 4.6.4, 4.30.7.
b. Men's and Women's Toilet Rooms
(1) The signs are mounted on the doors. Provide signs, using raised characters and Braille, on the wall adjacent to the latch side of each door, so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16), 4.30.4, 4.30.5, 4.30.6.
(2) The hot water and drain pipes beneath the lavatories are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(3) The paper towel dispenser in each room is mounted 62 inches above the finish floor. Provide a paper towel dispenser in each room so that the highest operable part is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.3(13), 4.2.6, 4.25, 4.27.3.
(4) The lavatory in the men's toilet room has twist type faucets. Install faucets on the accessible lavatory that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
12. The City shall complete the following remediations to Second Dam Park within three months of the effective date of this Agreement:
a. Unisex Toilet Rooms. The signs are mounted on the doors. Provide signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16), 4.30.4, 4.30.5, 4.30.6.
In order to ensure that each of the City'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 disabilities, the City will take the following actions.
13. The City shall complete the following alterations to the City Hall\Library within two years of the effective date of this agreement.
a. Parking. The designated accessible parking spaces in the front lot do not have access aisles. Re-stripe the parking spaces so that each accessible space is at least 96 inches wide with an access aisle at least 60 inches wide. Provide at least one van accessible parking space with a 96 inch wide access aisle and a "van accessible" sign mounted below the symbol of accessibility. Standard §§ 4.1.2(5)(b), 4.6.4.
b. Men's and Women's Toilet Rooms - Library
(1) The toilet rooms do not have accessible signs placed correctly. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The women's toilet room entrance door requires 6 1/2 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).
(3) The mirror in each toilet room is mounted so that the bottom edge of the reflecting surface is 44 inches above the finish floor. Provide a mirror in each room mounted so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. Standards § 4.19.6 .
(4) The hot water and drain pipes beneath the lavatories are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. Standards § 4.19.4.
(5) The toilet centerline in the men's accessible stall is 21 1/2 inches from the side wall. Move the toilet or, if the minimum width of 60 inches can be maintained, fur out the wall so the centerline is 18 inches from the side wall. Standards § 4.17.3, Fig.30.
(6) The rim of the urinal in the men's toilet room is 24 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.
c. Men's and Women's Toilet Rooms - City Hall
(1) The toilet rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The women's and men's toilet room entrance doors require 15 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 each door, or install automatic door openers. Standards § 4.13.11(2)(b).
(3) The rim of the urinal in the men's toilet room is 23 1/2 inches above the finish floor. Provide a urinal that is no higher than 17 inches above the finish floor. Standards § 4.18.2.
(4) The Council Chambers/Courtroom has no assistive listening systems available. Provide an assistive listening system with at least 4 receivers, provide training to council and court personnel on the use and maintenance of the equipment, and provide signs in the courtroom and in the lobby of City Hall indicating that the equipment is available and explaining how it can be obtained. Standards §§ 4.1.3(19)(b), 4.30, 4.33.
14. The City shall complete the following remediations to the Logan Fire Station within one year of the effective date of this agreement:
a. Entrance
(1) There is no sign at the inaccessible entrance directing people to the accessible entrance, and there is no sign at the accessible entrance designating it as accessible. Provide a directional sign at the inaccessible entrance and mount the international symbol of accessibility at the entrance ramp to the accessible entrance. Standards §§ 4.1.2(7)(c), 4.30.2, 4.30.3, 4.30.5, 4.30.7, Fig. 43(a).
(2) The entrance ramp handrail is 42 inches above the ramp surface, there is a handrail on only one side of the ramp, and the handrails do not extend beyond the ramp segment. Provide handrails on both sides of the ramp between 34 inches and 38 inches above the ramp surface that extend at least 12 inches horizontally beyond the top and bottom of the ramp and have ends that return to the wall or floor or are rounded. Standards § 4.8.5.
(3) Because there is inadequate maneuvering clearance at the door, install an automatic door opener. Standards § 4.13.6
15. The City shall complete the following remediations to the Ellen Eccles Theater within five years of the effective date of this agreement:
a. The lower level entrance ramp has no handrails. Provide handrails, parallel to the ramp surface, on both sides of the ramp that extend at least 12 inches horizontally beyond the top and bottom of the ramp and comply with all the requirements for handrails. Standards §§ 4.26, 4.8.5.
b. The ramped hallway to the practice stage has a handrail on only one side and the handrail does not extend beyond the ramp segment. Provide handrails on both sides of the ramp that extend at least 12 inches beyond the top and bottom of the ramp and comply with all the requirements for handrails. Standards §§ 4.8.5, 4.26.
c. Men's and Women's Toilet Rooms - Lobby
(1) The toilet rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible stall in the men's toilet room is 45 inches wide and 74 inches deep and does not contain a rear grab bar. Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearance, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.13, 4.17, 4.26, 4.27, Fig. 30.
(3) The rim of the urinals in the men's toilet room is 24 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.
(4) The door coat hook in the designated accessible stall in each toilet room is 65 inches above the finish floor. Provide a coat hook in each accessible stall that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.
(5) The hot water and drain pipes beneath the lavatories in each room are not insulated or otherwise configured to protect against contact. Provide insulation on the pipes under the accessible lavatories. Standards § 4.19.4.
d. Star Dressing Rooms
(1) The toilet rooms in the dressing rooms are 36 1/2 inches wide and 54 inches deep and do not contain rear grab bars. Provide at least one dressing room with a fully accessible toilet room that meets the requirements of the Standards, including clear floor space, turning space, entry door, lavatory, water closet, grab bars, mirror, and controls and dispensers, and provide signs designating the dressing room as accessible. Standards §§ 4.22, 4.13, 4.16, 4.19, 4.26, 4.27, 4.30.7, Fig. 28, Fig. 29.
(2) The shower in each dressing room has a 5 1/2 inch curb. Provide an accessible shower in the accessible dressing room that meets the requirements of the Standards, including curb, shower unit, grab bars, controls and dispensers, and size and clear floor space. Standards §§ 4.21, 4.26, 4.27, Fig. 35.
16. The City shall complete the following remediations to the Community Recreation Center within three years of the effective date of this agreement:
a. Parking
(1) The accessible parking spaces have access aisles that are 43 inches wide and there is no van accessible parking space. Alter the parking spaces so that each accessible space is at least 96 inches wide with an access aisle at least 60 inches wide and there is at least one van-accessible space with an access aisle at least 96 inches wide. and a "van accessible" sign mounted below the symbol of accessibility. Two parking spaces may share an access aisle. Standard §§ 4.1.2(5)(b), 4.6.3, 4.6.4, Fig. 9.
(2) There is only one sign designating the accessible parking, and it is mounted at the end of the access aisle rather than at the accessible parking space. Provide appropriate signs at each accessible parking space mounted so that it cannot be obscured by a vehicle parked in the space. Standards § 4.6.4.
b. Boys and Girls Locker Rooms - Under 18
(1) The locker rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The showers do not comply with the Standards. Provide a shower in each room that is 36 inches by 36 inches with a shower seat or at least 36 inches by at least 60 inches. Ensure that the shower meets the requirements of the Standards, including seat, grab bars, controls and dispensers, shower unit, curb, and size and clearances. Standards § 4.21, 4.26, 4.27, Fig. 35.
(3) The toilet stalls in both rooms are 39 inches deep and 56 inches wide and are not accessible. In each room, provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.13, 4.17, 4.26, 4.27, Fig. 30.
(4) The hand dryer in each room is mounted 62 inches above the finish floor. Provide a hand dryer in each room so that the highest operable part is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.6, 4.25, 4.27.3.
c. Women's and Men's Locker Rooms
(1) The locker rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The showers do not comply with the Standards. Provide a shower in each room that is 36 inches by 36 inches with a shower seat or at least 36 inches by at least 60 inches. Ensure that the shower meets the requirements of the Standards, including seat, grab bars, controls and dispensers, shower unit, curb, and size and clearances. Standards §§ 4.21, 4.26, 4.27, Fig. 35.
(3) The toilet stalls in both rooms are 42 inches wide and 58 inches deep and are not accessible. In each room, provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.22, 4.13, 4.17, 4.26, 4.27, Fig. 30.
(4) The rim of the urinal in the men's toilet room is 24 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.
(5) The lavatories in both rooms have twist type faucets. Install faucets on the accessible lavatories that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
d. Men's and Women's Toilet Rooms - Administrative Office
(1) The toilet rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible stalls in both rooms are 54½ inches wide and 59 inches deep. In each toilet room, provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards § 4.17.3, Fig. 30.
(3) There is no rear grab bar provided in the designated accessible stall in both rooms, and the side grab bars are 36 inches long and 3 inches out from the walls on which they are mounted. Provide a rear grab bar in each accessible stall that is at least 36 inches long, no more than 6 inches from the side wall, and provide a side grab bar in each accessible stall that is at least 40 inches long and no more than 12 inches from the rear wall and extends at least 52 inches from the rear wall. Ensure that the space between the wall and the grab bars is 1 1/2 inches. Standards §§ 4.17.3, 4.26.2, Fig. 30.
(4) The centerline of the toilet in each designated accessible stall is more than 18 inches from the side wall. In each room, relocate the toilet so that the toilet is 18 inches from the side wall. Standards § 4.17.3, Fig. 30.
(5) The toilet paper dispenser in each designated accessible stall is mounted 38 inches above the finish floor and above the grab bar. Remount the dispenser so that it is below the grab bar, the farthest edge of the toilet paper roll is no more than 36 inches from the near wall, and the centerline is at least 19 inches above the finish floor. Standards §§ 4.2.6, 4.17.3, Fig 30(d).
(6) The lavatories in both toilet rooms have twist type faucets. Install controls on the accessible lavatories that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(7) The door coat hook in the designated accessible stall in each toilet room is mounted 65 inches above the finish floor. Provide a coat hook in each accessible stall that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.
(8) The paper towel dispenser in each room is mounted 64 inches above the finish floor. Provide a paper towel dispenser in each room so that the highest operable part is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.25.
17. The City shall complete the following remediations to the Municipool within three years of the effective date of this Agreement:
a. Parking
(1) The designated accessible parking spaces have access aisles that are 36 inches wide and there is no van accessible parking space. Alter the parking spaces so that each accessible space is at least 96 inches wide with an access aisle at least 60 inches wide and there is at least one van-accessible space with an access aisle at least 96 inches wide and a "van accessible" sign mounted below the symbol of accessibility. Two spaces may share an access aisle. Standards §§ 4.1.2(5)(b), 4.6.3, 4.6.4, Fig. 9.
(2) There is only one sign designating the accessible parking spaces, and it is mounted on the building across the sidewalk. Provide a sign at the end of each accessible parking space mounted so that it cannot be obscured by a vehicle parked in the space. Standards § 4.6.4.
b. The entrance ramp has a handrail on only one side. Provide handrails on both sides of the ramp that meet the requirements in the Standards. Standards §§ 4.8.5, 4.26.
c. Men's and Women's Locker Rooms.
(1) The coat hooks on the doors of the designated accessible toilet stalls are 59 inches above the finish floor. Provide a coat hook in each accessible stall that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.
(2) The showers heads and controls in both locker rooms are mounted too high. Provide a shower in each room so that the shower unit and controls meet the requirements of the Standards for height, shower spray unit, control area, etc. Standards §§ 4.21, 4.27, Fig. 37.
(3) The designated accessible changing stalls in each room do not have accessible benches. Provide a transfer bench 24 inches by 48 inches fixed to the wall and mounted between 17 inches to 19 inches above the finish floor. Standards § 4.35.4.
18. The City shall complete the following remediations to Canyon Entrance/First Dam Park within five years of the effective date of this Agreement:
a. Men's and Women's Toilet Rooms
(1) The restroom signs are mounted on the doors. Provide signs on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is 42 inches wide and 59 inches deep. Provide a "standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door and hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.22, 4.13, 4.17, 4.26, 4.27. Fig. 30.
19. The City shall complete the following remediations to Lunderstrom Park within five years of the effective date of this Agreement:
a. Men's and Women's Toilet Rooms
(1) The toilet rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The stalls in the men's and women's toilet rooms are 35 inches wide and 46 inches deep and are not accessible. Provide a "standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closets, size and arrangement, toe clearances, grab bars, and controls, comply with the requirements of the Standards. Standards §§ 4.22, 4.13, 4.17, 4.26, 4.27, and Fig. 30.
(3) The lavatory in the women's toilet room has twist type faucets. Install controls on the lavatory that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(4) The rim of the urinal in the men's toilet room is 24 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.
20. The City shall complete the following remediations to the Logan City Cemetery within two years of the effective date of this Agreement:
a. The entrance door has knob type hardware. Install door hardware that does not require tight grasping, pinching or twisting of the wrist to operate. Standards § 4.13.9.
b. Men's and Women's Toilet Rooms
(1) The toilet rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The toilet room door has knob type hardware. Install door hardware that does not require tight grasping, pinching or twisting of the wrist to operate. Standards § 4.13.9.
(3) The hot water and drain pipes beneath the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the lavatories. Standards § 4.19.4.
(4) The toilet rooms do not have grab bars. Provide grab bars that comply with the requirements of the Standards. Standards §§ 4.17.3, 4.26, Fig. 30.
(5) The lavatory in each toilet room has twist type faucets. Install controls on the lavatories that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(6) The rim of the urinal in the men's toilet room is 23 1/2 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.
21. The City shall complete the following remediations to Adams Park within two years of the effective date of this Agreement:
a. There is no accessible route connecting the playground and toilet rooms. Establish an accessible route to the toilet rooms that is stable, firm, and slip resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.
b. The signs are mounted on the toilet room doors. Provide signs on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
22. The City shall complete the following remediations to River Hollow Park within five years of the effective date of this Agreement:
a. There is no accessible route to the playground equipment, toilet rooms, or bowery. Establish at least one accessible route from the accessible parking to the playground, toilet rooms, and bowery that is stable, firm, and slip resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.
b. The toilet stalls in the men's and women's toilet rooms are 40 inches wide and 60 inches deep and are not accessible. In each room, provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.22, 4.13, 4.17, 4.26, 4.27, Fig. 30.
c. The rim of the urinal in the men's toilet room is 32 inches above the finish floor in a narrow space. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and with clear floor space at least 30 inches wide by 48 inches long adjoining an accessible route at least 36 inches wide. Standards §§ 4.3.3, 4.18.2, 4.18.3.
23. The City shall complete the following remediations to Willow Park Zoo/Fairgrounds/Quadraplex within three years of the effective date of this Agreement:
a. There are no signs designating the parking spaces as accessible. Provide signs, mounted so that they cannot be obscured by vehicles parked in the spaces, identifying the spaces as accessible, and provide an additional "van-accessible" sign mounted below the symbol of accessibility and at least one of the spaces with a 96-inch wide access aisle. Standards §§ 4.1.2(5)(b), 4.6.4.
b. The door into the Administrative Office has a 1 inch threshold. Alter the threshold so that it is no higher than ½ inch with edges beveled to a slope no greater than 1:2. Standards § 4.13.8.
c. Men's and Women's Toilet Rooms - Zoo Administrative Office
(1) The toilet rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The men's and women's toilet rooms are 56 inches wide and 96 inches deep and are not accessible. Provide an accessible toilet room such that all of the room's elements, including door, door hardware, water closet, clear floor space, grab bars, lavatories, mirrors, urinals, and controls and dispensers, comply with the Standards. Standards §§ 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, Fig. 28, Fig. 29.
d. The playground equipment and picnic area are not on an accessible route. Establish at least one accessible route from the accessible parking to the playground and picnic area that is stable, firm, and slip resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.
e. The men's and women's toilet rooms in the picnic and playground area are not accessible and do not have accessible signs. Provide signs at these toilet rooms directing patrons with disabilities to the accessible Willow Park Zoo or Quadraplex toilet rooms. Also, install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7)(c), 4.30.4, 4.30.5, 4.30.6.
f. Men's and Women's Toilet Rooms - Quadraplex
(1) The toilet rooms do not have accessible signs. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible stalls in the men's and women's toilet rooms are 40 inches wide and 98 inches deep. Provide a "standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door and hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.13, 4.17.4, 4.22, 4.26.4, Fig.30.
(3) The rim of the urinal in the men's toilet room is 24 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.
24. The City shall complete the following remediations to the Service Center within one year of the effective date of this Agreement:
a. Parking. The designated accessible parking space has no access aisle, and it is not van accessible. Re-stripe the parking area so that the accessible space is at least 96 inches wide with an access aisle at least 96 inches wide with an additional "van accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4, 4.6.3, Fig. 9.
b. Unisex Toilet Room
(1) The unisex toilet room does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.
(2) The lavatory in the unisex toilet room has twist type faucets. Install faucets on the lavatory that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(3) The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the lavatory. Standards § 4.19.4.
(4) The paper towel dispenser is mounted 61 1/2 inches above the finish floor. Provide a paper towel dispenser with the highest operable part no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a front reach. Standards §§ 4.2.5, 4.2.6, 4.27.3.
IMPLEMENTATION AND ENFORCEMENT
25. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City 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.
26. If at any time the City 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.
27. 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 City 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 City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.
28. 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.
29. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department, may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement. The Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the City.
30. 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 City or the Department on request.
31. The effective date of this Agreement is the date of the last signature below.
32. 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 City's continuing responsibility to comply with all aspects of the ADA.
33. 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 City has been achieved.
34. The person signing for the City of Logan represents that he is authorized to bind the City to this Agreement.
For the City:
By:________________________
DOUGLAS THOMPSON, Mayor
Date __29-August 2001___
WILLIAM R. YEOMANS
Acting Assistant Attorney General
For Civil Rights
By:__________________________
JOHN L. WODATCH, Chief
SUSAN B. REILLY, Deputy Chief
NAOMI MILTON, Supervisory Attorney
CELESTE A. SIMMONS, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
Date __August 31, 2001____
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November 16, 2001