ATTACHMENT E to Settlement Agreement, between the United States and the City of Muskogee, IN
DJ# 204-59-38
BACKGROUND
SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this matter as a compliance review of the City of Muskogee, Muskogee, Oklahoma 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 section 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:
- 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 City’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 City’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. § 35.150, 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), 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;
- where the City communicates by telephone, to communicate through a text telephone (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 9-1-1 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 City’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 compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Building Inspection Office, Tourist Visitor Center, Hatbox Water Park, Hatbox Baseball Fields and Elliott Park spray park and playground.
The Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities: Three Rivers Museum, Muskogee Public Library, City Hall Building, Police Department and Municipal Courtroom, Five Civilized Tribes Museum, Muskogee Civic Center, Municipal Parking, Roxy Theater, Parks and Recreation Office Building, Muskogee Recreation Center, Martin Luther King Center, Senior Citizen Center, Hatbox Dance Building, Hatbox Skate Park, Elliott Park, Spaulding Park, and War Memorial and USS Batfish.
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 under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the City 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 determine the City’s compliance with section 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 and 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.
4. The parties to this Agreement are the United States of America and the City of Muskogee, Oklahoma.
5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.
6. 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 “Enforcement and Implementation.”
ACTIONS TAKEN BY CITY7. The City has a designated ADA Coordinator. Grievances are brought to the attention of the City Manager. Recommendations are made through the City Manager with appeal rights to an independent board.
8. In 1992, the City of Muskogee adopted a policy statement committing itself to full implementation of the ADA. Pursuant to this policy statement, the City, among other things, designated the Personnel Director of the City as a contact person for ADA issues, developed a complaint form and process for handling ADA-related complaints, and set forth its policy regarding nondiscrimination in employment, including making reasonable accommodations for persons with disabilities. The policy statement is attached to this agreement [Attachment A].
9. The spray park equipment at Elliott Park is accessible to individuals using wheelchairs.
10. The Spaulding Park is equipped with a roll-in splash area and an accessible lift chair into the pool area.
REMEDIAL ACTION
NOTIFICATION
11. Within two months of the effective date of this Agreement, the City will adopt the attached Notice [Attachment B]; distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the City; 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 the Agreement. Copies will also be provided to any person upon request.
12. Within three months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the City 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 City’s accessible programs, services, and activities.
GRIEVANCE PROCEDURE
13. Within two months of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure [Attachment C], 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
14. Within two months of the effective date of this Agreement, the City 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 interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).
15. The City will publicize its central TTY telephone number on the same basis as its voice number, through its inclusion on City letterhead that is ordered, City publications that appear, and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TTY number functions as a TTY number for all City offices and will be reiterated in subsequent publications and local telephone book editions for the life of this Agreement.
16. Within three months of the effective date of this Agreement, the City will implement and report to the Department its written procedures to ensure that TTY calls are returned by the appropriate City official by TTY on the same day as the call is received. If the caller’s questions or concerns cannot be handled promptly, the procedures will require a City employee to communicate with the caller on the same day in order to establish a time frame for the call-back.
17. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Relay Oklahoma service to make and receive calls and that its TTY’s are maintained in good working order through test calls every six months for the life of this Agreement.
9-1-1
18. Within three months of the effective date of this Agreement, the City will ensure that each 9-1-1 call station is equipped with a TTY or computer equivalent.
19. Within three months of the effective date of this Agreement, the City 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.
20. The City will monitor its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.
21. The City 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 City will implement and report to the Department its evaluation and procedures within four months of the effective date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
22. Within three months of the effective date of this Agreement, the City will adapt for its own use and implement the Muskogee City Police Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment D] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment E].
23. Within two months of the effective date of this Agreement, the City 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, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).
24. Within one month of the effective date of this Agreement, the City will ensure that the police station is equipped with a working TTY (text telephone) to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.
SIDEWALKS
25. Within three months of the effective date of this Agreement, the City 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.
26. Within three months of the effective date of this Agreement, the City 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. Within three years of the effective date of this Agreement, the City 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.
27. Beginning no later than one month of the effective date of this Agreement, the City 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.
28. Within three months of the effective date of this Agreement, the City will identify all street level pedestrian walkways that have been constructed or altered by the City 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 City 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.
29. Beginning no later than three months of the effective date of this Agreement, the City 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.
PHYSICAL CHANGES TO FACILITIES
30. The elements or features of the City’s facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the City’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.
31. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
32. Within nine months of the effective date of this Agreement, the City 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.
PHYSICAL ALTERATIONSNewly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:
33. Building Inspection Office
The City shall complete the following modifications to the Building Inspection Office within nine months of the effective date of this Agreement:
a. Parking
The signs designating the accessible parking spaces are mounted such that they can be obscured by a vehicle parked in the spaces. Provide accessible signage that cannot be obscured by a vehicle parked in the space. §§ 4.1.6(1)(b), 4.1.2(5)(a), 4.6.4.
The City shall complete the following modifications to the Building Inspection Office within six months of the effective date of this Agreement:
b. Service Counters:
The Fire Department and the Building Inspection Office counters have no accessible sections. 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; or provide equivalent facilitation at an accessible location for individuals who use wheelchairs. § 7.2(2).Women's Toilet Room
34. Tourist Visitor Center
The City shall complete the following modifications to the Tourist Visitor Center within nine months of the effective date of this Agreement:
a. Accessible Parking
The two designated accessible parking spaces do not have signage designating the spaces as reserved. Provide signs at each space located so that the signs cannot be obscured by a vehicle parked in the space. Also, provide an additional sign mounted below the symbol of accessibility designating the space served by the 96 inch access aisle as van-accessible. §§ 4.1.2(5(a), 4.6.4, 4.30.7(1).
The City shall complete the following modifications to the Tourist Visitor Center within 15 months of the effective date of this Agreement:
b. RampNo handrails extensions are provided at the ramp. Provide the required handrail extensions at the top and bottom of both handrails. §§ 4.1.2(1), 4.3.2(1), 4.3.7, 4.8.5(2)
c. Women’s Toilet Room
(1) The entry door has knob hardware. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(a), 4.13.9.
(2) The toilet room identification sign is mounted on the door. Provide a sign with Braille and raised letters on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(3) Access to the required knee clearance at the lavatory is not provided. Provide a clearance of at least 29 inches above the finished floor to the bottom of the apron, and a clearance of 27 inches above the floor at a point 8 inches back from the front of the fixture §§ 4.1.3(11), 4.22.6, 4.19.2,
Fig. 31
(4) The toilet flush control of the water closet is not mounted on the transfer approach side of the toilet. Provide a flush control mounted on the wide side of toilet no more than 44 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.22.4
(5) The paper towel dispenser is mounted so that the control is located 65 1/2 inches above the finished floor. Provide a dispenser so that its highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.d. Men's Toilet Room
(1) The toilet room identification sign is mounted on the door. Provide a sign, with Braille and raised letters on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The entry door has knob hardware. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(a), 4.13.9.
(3) Access to the required knee clearance at the lavatory is not provided. Provide a clearance of at least 29 inches above the finished floor to the bottom of the apron, and a clearance of 27 inches above the floor at a point 8 inches back from the front of the fixture §§ 4.1.3(11), 4.22.6, 4.19.2,
Fig. 31.
(4) The toilet flush control of the water closet is not mounted on the transfer approach side of the toilet. Provide a flush control mounted on the wide side of toilet no more than 44 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.22.4
(5) The toilet paper dispenser is located 41 inches from the rear wall. Provide a toilet paper dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finished floor.
§§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).35. Hatbox Water Park
The City shall complete the following modifications to the Hatbox Water Park within nine months of the effective date of this Agreement:
a. Parking
There is no accessible parking signage. Provide a sign at each accessible parking space mounted so that the sign cannot be obscured by a vehicle parked in the space. Provide an additional sign designating the space which has a 96 inch access aisle as “van-accessible” with a sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
The City shall complete the following modifications to the Hatbox Water Park within 15 months of the effective date of this Agreement:
b. Women's Bath Room and Men’s Bath Room
(1) The room identification signage is inaccessible and is mounted on the doors. Provide signs with raised characters and Braille mounted on the walls adjacent to the latch side of the doors so that the centerline of the signs are 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1.
(2) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or otherwise configure the hot water and drain pipes under the lavatories to protect against contact.
§§ 4.1.3(11), 4.29..4, 4.22.6.
(3) Access to the soap dispenser is not provided due to its mounting height. Provide a soap dispenser mounted no more than 48 inches above the floor for a front approach or 54 inches above the floor for a side approach.
§§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.
(4) The door coat hooks in the accessible stalls are mounted 65 inches above the finished floor. Provide coat hooks that are mounted not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5,4.2.6.
(5) The designated accessible changing stall benches are 58 inches long and 9 inches deep. The coat hooks are 58 inches from the finished floor. For each designated accessible changing stall, provide a bench that is at least 24 inches by 48 inches fixed to the wall in the dressing room and that is mounted between 17 and 19 inches above the finish floor. §§ 4.1.3(21), 4.35.2, 4.35.4.The City shall complete the following modifications to the Hatbox Water Park within three years of the effective date of this Agreement:
(6) The roll-in shower dimensions are 48 inches x 42 inches. No accessible seat is provided. The coat hooks are mounted 59 inches above the finished floor. Provide a shower stall in each bath room that is exactly 30 inches wide by 60 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. §§ 4.1.3(11), 4.23.8, 4.21,
Fig. 35(a), Fig. 37(a).36. Hatbox Baseball Fields Toilet Rooms
The City shall complete the following modifications to the Hatbox Baseball Fields Toilet Rooms within three years of the effective date of this contract, or confirm that these toilet rooms comply with the Standards:
a. Men’s and Women's Toilet Rooms
For all men’s and women’s toilet rooms throughout the softball, baseball, football, and proposed soccer fields:
(1) The room identification signs are inaccessible and are mounted on the door. Provide signs with raised characters and Braille mounted on the wall adjacent to the latch sides of the doors so that the centerline of the sign are 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1.
(2) Provide toilets in designated accessible stalls so that the center lines are exactly 18 inches from the side wall. §§ 4.1.3(11), 4..22.4, 4.16.2 &
Fig. 28.
.
(3) Provide toilet paper dispensers in the designated accessible stalls so that they are below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).
(4) The hot water and drain pipes under the lavatory are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. §§ 4.1.3(11),4.22.6, 4.19.4.
(5) Access to the soap dispenser is not provided due to its mounting height. Provide a soap dispenser so that its highest operable part is mounted at 48 inches above the floor for a front approach, or 54 inches above the floor for a side approach. §§ 4.1.3(11), 4.22.7, 4.27.3.In order to ensure that elements in facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with mobility impairments, and 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 mobility impairments, the City will take the following actions:
37. Three Rivers MuseumThe City shall complete the following alterations to the Three Rivers Museum within nine months of the effective date of this Agreement:
a. Parking
There are two designated accessible parking spaces. The one identified as “van-accessible” is not served by a 96 inch access aisle and the sign is mounted where it can be obscured by a vehicle parked in the space. Provide one designated “van-accessible” parking space served by an access aisle that is at least 96 inches wide with a sign designating the space as “van-accessible” mounted below the symbol of accessibility. Provide signage at each space mounted so that it cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
The City shall complete the following alterations to the Three Rivers Museum within fifteen months of the effective date of this Agreement:
b. Ramp
(1) The ramp leading from the entrance doors to the main museum floor has a slope of 1:17 and does not have handrails on either side of the ramp. Provide a ramp so that its slope does not exceed 1:12 and the cross slope is no greater than 1:50. Provide handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post. §§ 4.1.6(1)(b), 4.1.3(1), 4.3.7, 4.8.5, 4.26.
(2) The ramp leading from the museum floor to an interior museum exhibit room does not have handrails on either side of the ramp. Provide handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post. §§ 4.1.6(1)(b), 4.1.3(1), 4.3.7, 4.8.5, 4.26.
(3) No handrails extensions are provided at the ramp. Provide the required handrail extensions at the top and bottom of both handrails. §§ 4.1.2(1), 4.3.2(1), 4.3.7, 4.8.5(2).The City shall complete the following alterations to the Three Rivers Museum within two years of the effective date of this Agreement:
c. Men's Toilet Room
(1) The lavatory has twist-type faucets that require grasping and twisting. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist. §§ 4.1.6(1)(b), 4.1.3(11), 4.19.5, 4.22.6, 4.27.4.
(2) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(3) The required clear floor space at the accessible toilet stall is obstructed by the swing of the stall door. Provide a 42 inch minimum width between the accessible stall door and the closest obstruction. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).
(4) The toilet flush control is not mounted on the transfer approach side of the toilet. Provide a flush control mounted on the wide side of the toilet no more than 44 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.16.5
(5) The coat hook in the accessible stall is located 65 inches above the finished floor. Provide a coat hook that is not more than 48 inches above the finish floor for a forward approach nor more than 54 inches above the finish floor for a side approach. §§ 4.1.6.(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.d. Women's Toilet Room
(1) The lavatory faucet has knob-type hardware. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist.
§§ 4.1.6(1)(b), 4.1.3(11), 4.19.5, 4.22.6, 4.27.4.
(2) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to insulate pipes to protect against contact. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(3) The rear grab bar in the accessible stall is 37 inches above the finished floor. Provide a bar that is mounted 33-36 inches above the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).
(4) The toilet paper dispenser in the accessible stall is located 32 inches above the finished floor. Provide a dispenser that is within reach as required by the Standards and is at least 19 inches above the finished floor.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.6 & Fig. 29(b).
(5) The coat hook in the accessible stall is located 65 inches above the finish floor. Provide a coat hook that is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. §§ 4.16(19)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.38. Muskogee Recreation Center (significantly altered 1997)
The City shall complete the following alterations to the Muskogee Recreation Center within two years of the effective date of this Agreement:
a. There is a total of between 51 and 75 parking spaces. The three spaces designated as accessible are served by 48 inch access aisles. None of the designated accessible spaces has signs and the spaces are not on the shortest route to the new entrance. Provide three accessible parking spaces on the shortest accessible route of travel to the nearest accessible entrance. Provide a 60 inch wide access aisle for each space (spaces may share an access aisle). In addition, provide at least one van accessible parking space that is served by an access aisle which is at least 96 inches wide. Provide a sign at each accessible parking space mounted so that the sign cannot be obscured by a vehicle parked in the space. Provide an additional sign designating the space which has a 96 inch access aisle as “van-accessible” with a sign mounted below the symbol of accessibility. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
b. There is a sloped apron to the front entrance, and there is no level landing space at the doors. Provide a level landing at the accessible entrance doors.
§§ 4.1.6(1)(b), 4.1.3(9), 4.3.8, 4.3.9.
c. The service counter top in the lobby is 49 inches above the finished floor. Provide a counter top that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter top with a maximum height of 36 inches.
§ 7.2(2).
d. The doorway and path from the lobby to the game room has a rise of approximately 3 inches in height. Provide a ramp that has a slope no steeper than 1:8 and that has flared sides or other edge protection that prevents people from slipping off the ramp. Provide handrails, edge protection, and other required ramp features that comply with the Standards. §§ 4.1.6(3)(a)(ii), 4.8.5, 4.8.7.
e. The doorway and path from the lobby to the fitness rooms has a rise of approximately 4 inches. Provide a ramp that has a slope no steeper than 1:8. Provide handrails, edge protection, and other required ramp features that comply with the Standards. §§ 4.1.6(3)(a)(ii), 4.8.5, 4.8.7.
f. The doorway and path from the lobby to the gym floor has a rise of approximately 4 inches in length. Provide a ramp that has a slope no steeper than 1:8 and that has flared sides or other edge protection that prevents people from slipping off the ramp. Provide handrails, edge protection, and other required ramp features that comply with the Standards. §§ 4.1.6(3)(a)(ii), 4.8.5, 4.8.7.
g. Men's Bath Room(1) The room identification signage is mounted above the doorway. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1
(2) The lavatory has twist-type faucet hardware. Provide lavatory hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.9.
(3) The designated accessible toilet stall is 59 inches deep by 32 inches wide, and does not have a rear grab bar. The centerline of the toilet is 21 inches from the side wall. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. §§ 4.1.3(11), 4.17, 4.17.3, 4.17.6 & Fig. 30(a), (c), (d), 4.22.4, 4.26, 4.27.The City shall complete the following alterations to the Muskogee Recreation Center within three years of the effective date of this Agreement:
h. Men’s Shower Room
No accessible shower is provided. Provide a 36 inches by 36 inches or 30 inches by 60 inches shower with a seat, grab bars, controls between 38 and 48 inches above the shower floor, and a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21, Fig. 35(a), Fig. 37(a).
The City shall complete the following alterations to the Muskogee Recreation Center within two years of the effective date of this Agreement:
i. Women’s Bath Room
(1) The room identification sign is mounted above the doorway. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1
(2) The lavatory has twist-type faucet hardware. Provide lavatory hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.9.
(3) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. §§ 4.1.6(1)(b), 4.1.3(11), 4.19.4, 4.22.6.
(4) The designated accessible toilet stall is 59 inches deep by 32 inches wide, and does not have a rear grab bar. The doors swing inward. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. §§ 4.1.3(11), 4.22.4, 4.26, 4.27.The City shall complete the following alterations to the Muskogee Recreation Center within three years of the effective date of this Agreement:
j. Women’s Shower Area
No accessible shower is provided. Provide one shower stall that is exactly 36 inches wide by 36 inches deep, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. In addition, provide a clear floor space leading to the stall that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer. §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21, Fig. 35(a), Fig. 37(a).
Program Access in Existing Facilities: 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, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions:
39. 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.
40. Muskogee Public LibraryThe City shall complete the following alterations to the Muskogee Public Library within nine months of the effective date of this Agreement:
a. Accessible Parking
One of the accessible parking spaces is served by an access aisle which is 52 inches wide. Provide access aisles that are at least 60 inches wide for all designated accessible parking spaces. Provide signage at each space mounted so that it cannot be obscured by a vehicle parked in the space. Provide an additional sign designating the space which has a 96 inch access aisle as “van-accessible” with a sign mounted below the symbol of accessibility. §§ 4.1.2(5)(a)(b), 4.6.3 & Fig. 9, 4.6.4
The City shall complete the following alterations to the Muskogee Public Library within two years of the effective date of this Agreement:
b. The elevator does not have tactile lettering on the call buttons. Provide raised characters and Braille placed immediately to the left of the buttons to which they apply. §§ 4.10.12(2), 4.30.
c. 1st Floor Women's Toilet Room(1) The toilet room identification sign is not accessible and is mounted on the door. Provide 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 finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible stall contains the following non-compliant elements: the stall is 56 inches deep by 39 inches wide, there is no rear grab bar, the centerline of the wall mounted toilet is 20 inches, the coat hook is mounted 62 inches above the finished floor. Provide one standard accessible toilet stall such that all the required accessibility elements including door width, stall size, fixture height and clearance, grab bars, and controls and dispensers are present and in compliance with the Standards. §§ 4.17, Fig. 30(a), (c), (d), 4.22.4, 4.26, 4.27.
(3) The lavatory has twist type faucets. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist. § 4.27.4.
(4) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. § 4.19.4.
(5) The hot-air hand dryer protrudes 9 1/2 inches into the route of travel. Provide a hot air hand dryer that does not protrude more than 4 inches into the path of travel (accessible route), and has a clear floor space of 30 inches by 48 inches. §§ 4.4.1, 4.4.2.4.1.
(6) The paper towel dispenser control is located at 71 inches above the finished floor. Provide a dispenser so that its highest operable part is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach.
§§ 4.27.3, 4.2.5, 4.2.6.d. 1st Floor Men's Toilet Room
(1) The toilet room identification sign is not accessible and is mounted on the door. Provide a sign with 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 finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet room door does not have 18 inches clear space on the latch side. Provide a minimum maneuvering clearance of 18 inches wide. §§ 4.13.6 & Fig. 25(a).
(3) The designated accessible toilet is not at least 56" deep by 60" wide, and there is no rear grab bar. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. §§ 4.17, Fig. 30(a), (c), (d), 4.22.4, 4.26, 4.27.
(4) The lavatory has twist type faucet hardware. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist.
§ 4.27.4.
(5) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. §§ 4.19.4.41. City Hall Building
The City shall complete the following alterations to the City Hall Building within 12 months of the effective date of this Agreement:
a. Signage
The building lacks consistent directional and informational signage, and signage designating permanent rooms and spaces, i.e. room numbers, exits and toilet rooms. Provide signs that comply with the Standards. §§ 4.1.3(16), 4.30.
The City shall complete the following alterations to the City Hall Building within nine months of the effective date of this Agreement:
b. Parking(1) The signs designating the accessible parking spaces are mounted such that they can be obscured by a vehicle parked in the spaces. Provide accessible signage that cannot be obscured by a vehicle parked in the space.
§§ 4.1.6(1)(b), 4.1.2(5)(a), 4.6.4.
(2) There are no designated van-accessible parking signs. Signs designating these spaces as accessible can be obscured by cars parked in these spaces. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide, and provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. For the other designated accessible parking space, provide an access aisle at least 60 inches wide that comply with the Standards. §§ 4.1.2(5)(b), 4.6.3 &
Fig. 9, 4.6.4.c. Elevator is inaccessible.
The City shall provide alternate access to services on the second and third floors through the City Clerk’s office. The City shall submit to the Department for approval its policy and procedures for providing alternate access, and post signage instructing individuals with disabilities of the availability of these services. § 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
The City shall complete the following alterations to the City Hall Building within eighteen months of the effective date of this Agreement:
d. 1st Floor Men's and Women’s Toilet Rooms(1) The men’s and women’s toilet rooms have the following elements that do not comply with the Standards: toilet rooms identification signs are not accessible; the designated accessible stall contains the following non-compliant elements: the stall is 55 inches deep by 39 inches wide, there is no rear grab bar, the door does not have lever hardware, the side grab bar is slanted, the toilet seat is 16 inches above the finished floor, the toilet paper dispenser is located 48 inches from the rear wall; the coat hook is mounted 66 inches above the finished floor; access to the required maneuvering clearance at the pull side of the toilet room entry door is not provided; there is insufficient clear floor clearance between the door and the stalls; access to the coat hook is obstructed due to its mounting height; the hot water and drain pipes are not insulated or configured to protect against contact; there is insufficient toe clearance under the sink because of heating equipment; the lavatory has twist-type faucet hardware; the mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 55 inches above the finished floor. Provide an accessible unisex toilet room that fully complies with the Standards. §§ 4.1.6(3)(e)(i), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29 and Figs. 31 & 32, 4.26, 4.27, 4.30.
e. 2nd Floor Men's Toilet Room
This toilet room is inaccessible. Provide signage with raised letters and Braille, directing users to the location of the nearest accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30.1, 4.30.3, 4.30.5.
f. 2nd Floor Personnel Office
Each of the double leaf entrance doors has a clear opening width of 30 inches. Provide 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, or provide an alternate means of achieving the required door width, such as an automatic door opening device which opens both leaves simultaneously. The City shall provide alternate service through the City Clerk’s office as outlined in 41c above. §§ 4.1.3(7)(b), 4.13.4, 4.13.5.
The City shall complete the following alterations to the City Hall Building within 12 months of the effective date of this Agreement:
g. 3rd Floor Planning/Engineering Office(1) The door has twist-type knob hardware which requires grasping and turning. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.13.9.
(2) The floor surface is not firm, stable, slip-resistant. Provide a floor surface that is a firm, stable, slip resistant surface. § 4.5.1.i. Drinking Fountain
The spout outlet of the drinking fountain is located 38 inches above the finished floor. Provide a drinking fountain with a spout height no higher than 36 inches above the finished floor; or provide a cup dispenser next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs.
§§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.42. Police Department and Municipal Courtroom
The City shall complete the following alterations to the Police Department and Municipal Courtroom within one year of the effective date of this Agreement.
a. Parking
(1) The handrails on the ramp outside entrance do not extend 12 inches beyond the ramp edges. Provide handrails which extend at least 12 inches beyond the top and bottom of the ramp segment that are parallel with the floor or ground surface. § 4.8.5(2).
(2) The sole public telephone in the vestibule has controls which are mounted 66 inches above the finished floor and does not have volume control. Provide a public telephone that has hearing aid compatibility, a volume control and signage, and that has its highest operable part no higher than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. §§ 4.31.3, 4.31.5(2), 4.2.5, 4.2.6.
(3) The top of the information desk for the Police Department is 42 1/2 inches above the finished 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; or provide equivalent facilitation at an accessible location for individuals who use wheelchairs. § 7.2(2).
(4) The information desk for the Court Clerk's Office is 42 inches above the finished 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; or provide equivalent facilitation at an accessible location for individuals who use wheelchairs. § 7.2(2)
(5) The door leading to the municipal courtroom does not have an 18 inch clearance on the latch side. Provide a minimum maneuvering clearance of 18 inches wide. §§ 4.13.6 & Fig. 25(a).43. Five Civilized Tribes Museum (on the National Historical Registry)
The City shall complete the following alterations to the Five Civilized Tribes Museum within one year of the effective date of this Agreement:
a. Parking
There are three designated accessible parking spaces, none of which is served by an adjacent access aisle or identified as “van accessible.” Provide an access aisle for each space (spaces may share an access aisle). In addition, provide at least one van accessible parking space that is served by an access aisle at least 96 inches wide. Provide signage at each space mounted so that it cannot be obscured by a vehicle parked in the space. Provide an additional sign designating the space which has a 96 inch access aisle as “van-accessible” with a sign mounted below the symbol of accessibility. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4
b. The service counter is 42 inches above the finished 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; or provide equivalent facilitation at an accessible location for individuals who use wheelchairs. § 7.2(2).
c. The spout outlet of the drinking fountain is located 43 inches above the finished floor. Provide a drinking fountain with a spout height no higher than 36 inches above the finished floor; or provide a cup dispenser next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs.
§§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.
The City shall complete the following alterations to the Five Civilized Tribes Museum within three years of the effective date of this Agreement:
d. RampThe ramp from the parking lot to the building does not have edge protection, and the handrails do not extend 12 inches from the ramp edges. Provide edge protection or projecting surfaces that prevent people from slipping off the ramp. In addition, provide handrails which extend at least 12 inches beyond the top and bottom of the ramp segment and shall be parallel with the floor or ground surface. §§ 4.8.5(2), 4.8.7 & Fig. 17.
e. Doors
There are two pairs of hinged double-leaf doors in series. Each leaf in both pairs has a clear opening of 22 inches. The distance from the leading edge of the open exterior door to the face of the vestibule door is 12 inches. The threshold is 1 1/2 inches high. Provide 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, or provide an alternate means of achieving the required door width, such as an automatic door opening device which opens both leaves simultaneously. Provide a minimum space between the doors of 48 inches, plus the width of any door swinging into the space. §§ 4.1.3(7)(a), 4.13.5, 4.13.7 & Fig. 26, 4.13.8.
f. Men’s and Women’s Toilet Rooms
Both men's and women's toilet room have the following non-compliant elements: the doors have a clear opening of 27 inches. The hot water and drain pipes are not insulated or configured to protect against contact. The dimensions of both toilet rooms are 83 1/2 deep by 56 1/2 wide. Stalls are inaccessible. Provide men’s and women’s toilet rooms or a unisex toilet room so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, lavatory, mirror, controls and dispensers, and signage comply with the Standards. §§ 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.
g. Elevator
The elevator does not have audible indicators, and the doors remain open for approximately five seconds. Provide an audible tone signal or verbal annunciator to indicate the floor number at which the car stops or passes, and provide a door reopening device which remains effective for at least 20 seconds. After such an interval, doors may close in accordance with the requirements of
ASME A17,1-1990. §§ 4.1.3(5), 4.10.13.44. Muskogee Civic Center
The City shall complete the following alterations to the Muskogee Civic Center within 12 months of the effective date of this Agreement:
a. Parking
There are a total of 90 parking spaces. Two are designated accessible, one is served by a 96 inch access aisle, and the other is served by a 60 inch access aisle. None of the spaces has signage. Provide two additional accessible spaces, for a total of four accessible spaces aisles, 60-inch access aisles (spaces may share an access aisle). Provide signage at each space mounted so that it cannot be obscured by a vehicle parked in the space. Provide an additional sign designating the space which is served by a 96 inch access aisle as “van-accessible” with a sign mounted below the symbol of accessibility. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4
The City shall complete the following alterations to the Muskogee Civic Center within two years of the effective date of this Agreement, unless otherwise indicated:
b. Arena floor and stage(1) The Arena seats 3,710 when full, and 2,730 in upper level seats when no chairs are set up on the Arena floor. There is no accessible route of travel to the upper level seats, which are accessed by stairs. Individuals with disabilities, and their companions, are seated on the arena floor. The City has sent the Department a statement that making the upper level seats accessible to individuals with disabilities would create an undue burden. Continue to provide alternate accommodations on the Arena floor for individuals with disabilities and their companions, and include in any rental / lease agreement with third parties the requirement that they, too, provide such arrangements.
(2) The Arena stage is inaccessible to persons using wheelchairs. Establish a procedure for providing access to the stage or install a ramp or platform lift in compliance with the Standards. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances.
(3) There are no assistive listening devices or systems available in the Arena. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30.7(4), 4.33.c. Dressing Rooms
The City shall make at least one Team Toilet Room/Dressing Room/Shower Room accessible by making the following modifications:
(1) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. § 4.19.4.
(2) The paper towel dispenser is 67 1/2 inches above the finished floor. Provide a dispenser so that its highest operable part is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6.
(3) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.
(4) The lavatory has twist-type faucet hardware. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist.
§ 4.27.4.
(5) There is no accessible toilet stall. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. §§ 4.17 & Fig. 30(a), (c), (d), 4.22.4, 4.26, 4.27.
(6) The door mounted sign at “Dressing B” is not in compliance with the requirements of the Standards. Provide a sign mounted on the wall adjacent to the latch side of the door, 60 inches above the floor to its centerline, and located so that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §4.30.6.
(7) The required accessible door hardware at Dressing B is not provided. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.13.9.
(8) Access to the required accessible clearance at Dressing B door is obstructed by the placement of furniture. Provide and maintain the required maneuvering clearance. § 4.13.6, Fig. 25, Sec. 36.21(a).
(9) Access to the required maneuvering clearance in Dressing B at the pull side of the toilet room entry door is not provided. Provide a maneuvering clearance of at least 18 inches wide at the pull side of the door. § 4.13.6, Fig. 25.
(10) There is a 4 inch curb into the shower room. Provide a change in level which is no greater than 1/2 inch. § 4.21.7.
(11) The shower controls are mounted 51 1/2 inches above the finished floor. There is no hand held shower provided. Provide one shower stall that is 36 inches wide by 36 inches deep with a clear floor space outside the shower extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. §§ 4.21, Fig. 35(a),
Fig. 37(a).
(12) The shower room is 56 inches deep and 100 inches wide. There are three showers, each with controls located 51 inches above the shower floor; and the shower heads are located 66 inches above the shower floor. Controls are lever-type but cannot be used because they are too small. There is no seat nor a hand-held shower nozzle. Provide a shower area with grab bars, controls between 38 and 48 inches above the shower floor, a shower head mounted no more than 27 inches from the side wall, and a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37(a).d. 1st Floor North Women's Toilet Room
(1) The toilet room identification sign is mounted on the door. Provide a sign with Braille and raised letters on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall does not have a rear grab bar, and has floor mounted side grab bars on both sides. The centerline of the toilet is 23 inches from the side wall. The toilet paper dispenser is located 34 inches high above the finished floor. The stall is 70 inches deep and 44 inches wide. The coat hook is 62 inches above the finished floor. The toilet seat cover dispenser is located over the toilet at 58 inches above the finished floor. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) 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. § 4.17.
(3) The lavatory has twist-type faucet hardware. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist.
§§ 4.13.9, 4.17.5, 4.27.4.
(4) The paper towel dispenser is located 62 inches above the finished floor. Provide a paper towel dispenser that has its highest is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach, and has a clear floor space of 30 inches by 48 inches. §§ 4.2.5, 4.2.6, 4.27.3.
(5) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. § 4.19.4.e. 1st Floor North Men's Toilet Room
(1) The toilet room identification sign is located on the door. Provide a sign, with Braille and raised letters on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall does not have a rear grab bar, and has floor mounted side grab bars on both sides. The centerline of the toilet is 24 inches from the side wall. The stall is 70 inches deep and 44 inches wide. The coat hook is located 62 inches above the finished floor. The toilet seat cover dispenser is located over the toilet at 58 inches above the finished floor. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) 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. § 4.22,4, 4.17.3, 4.17.6 & Fig. 30(a)(c)(d), 4.26, 4.27.
(3) The lavatory has twist-type faucet hardware. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist. § 4.27.4
(4) The paper towel dispenser is located 67 inches above the finished floor. Provide a paper towel dispenser that has its highest operable part is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach, and has a clear floor space of 30 inches by 48 inches. §§ 4.2.5, 4.2.6, 4.27.3.
(5) The mirror is 49 inches high. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.
(6) The hot water and drain pipes under the lavatories are not insulated or configured to protect against contact. Provide insulation or configure the hot water and drain pipes under the lavatories to protect against contact.
§ 4.19.4.f. 2nd Floor Women's & Men’s Toilet Rooms
(1) There is insufficient clear floor space on the latch side of the door on the pull side. Provide a minimum maneuvering clearance of 18 inches wide. § 4.13.6 & Fig. 25(a).
(2) The toilet room identification sign is mounted on the door. Provide a sign with Braille and raised letters on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(3) The designated accessible toilet stall does not have a rear grab bar, and has floor mounted side grab bars on both sides. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) 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. § 4.17.6
(4) The lavatory has twist-type faucet hardware. Provide faucet hardware that does not require tight grasping, pinching, or twisting of the wrist. § 4.27.4
(5) The paper towel dispenser is located 67 inches above the finished floor. Provide a paper towel dispenser that has its highest operable part is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach, and has a clear floor space of 30 inches by 48 inches. §§ 4.2.4.1, 4.27.3.
(6) The mirror is 49" high. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.
(7) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation or configure the hot water and drain pipes under the lavatories to protect against contact. § 4.19.4.g. Elevator
The elevator control panel does not have tactile lettering for 1st floor. Provide a control panel with all control buttons designated by Brailled and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols. §§ 4.1.3(5), 4.10.12(2), 4.30.
h. Counters
The North and South Concession Stands counter tops are 40 1/2 inches above the finished floor. Provide counter tops that are at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches. § 7.2(2).
i. Head Room
The underside of two sets of stairwells on the first floor is less than 80 inches minimum clear head room. Provide a barrier to warn blind or visually-impaired individual which runs the full length of the cane detection areas. § 4.4.2 &
Fig. 8(c-1).j. The toilet rooms near Meeting Rooms A & B are inaccessible. Provide signage with raised letters and Braille, directing users to the location of the nearest accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.3, 4.30.5.
45. Municipal Parking near the Muskogee Civic Center
The City shall complete the following alterations to the Municipal Parking area near the Muskogee Civic Center within 12 months of the effective date of this Agreement:
a. Parking
There are approximately 90 spaces. None are designated accessible. Provide four designated accessible parking spaces, at least one of which shall be van accessible served by an access aisle at least 96 inches wide with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles at least 60 inches wide for the other three accessible parking spaces (spaces can share access aisles). §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
46. Roxy Theater (historical)
The City shall complete the following alterations to the Roxy Theater within two years of the effective date of this Agreement:
a. The exterior ticket counter top is mounted 42 inches above the finished surface. 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; or provide equivalent facilitation at an accessible location for individuals who use wheelchairs. § 7.2(2).
b. The interior concession stand counter top is mounted 41 1/2 inches above the finished floor. high. 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; or provide equivalent facilitation at an accessible location for individuals who use wheelchairs. § 7.2(2).
c. The leaves of the exterior double doors from the street to the lobby and from the lobby into the theater provide a clear opening of 27 inches. Provide 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 at both the entrance door into the lobby and from the lobby into the theater, or provide an alternate means of achieving the required door width, such as an automatic door opening device which opens both leaves simultaneously. § 4.13.5 (see § 4.13.5).
d. Access to the wheelchair seating area is obstructed by a curb. Provide unobstructed access to the wheelchair seating area such that no change in level more than 1/2 inch is present. § 4.3.8.
e. Women's Toilet Room(1) The toilet room identification sign is mounted on the door. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1.
(2) In the designated accessible toilet stall, the centerline of the toilet is 21 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall. § 4.17.3 & Fig. 30(a).
(3) Access to the toilet paper dispenser is not provided due to its mounting height and location. Provide a toilet paper dispenser mounted below the grab bar at a minimum of 19 inches above the floor and a maximum of 36 inches from the rear wall. § 4.22.4, Fig. 30(d).f. Men's Toilet Room
(1) The toilet room identification sign is mounted on the door. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1.
(2) In the designated accessible toilet stall, the paper towel dispenser is mounted 66 inches above the finished floor and the toilet paper dispenser is mounted 40 inches above the finished floor. Provide a paper towel dispenser so that its highest operable part is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. In addition, provide a toilet paper below the grab bar and is at least 19 inches above the finished floor to the centerline of the roll. § 4.16.6 and Fig. 29(b).47. Parks and Recreation Office Buildin
This facility is not accessible. The City proposed to move all offices open to the public to the Muskogee Recreation Center. This move shall occur within six months of the effective date of this Agreement.
48. Martin Luther King Center
The City shall complete the following alterations to the Martin Luther King Center within one year of the effective date of this agreement:
a. Parking
There are fewer than 25 parking spaces, and one is designated as accessible. There is no accessible signage. There is no access aisle. Provide at least one van accessible parking space that is served by an access aisle which is at least 96 inches wide. Provide a sign mounted so that the sign cannot be obscured by a vehicle parked in the space. Provide an additional sign designating the space which has a 96 inch access aisle as “van-accessible” with a sign mounted below the symbol of accessibility. §§ 4.1.2(5)(a)(b), 4.6.3 & Fig. 9, 4.6.4.
b. The drinking fountain in the hallway is inaccessible. Provide an accessible drinking fountain or provide a cup dispenser next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs.
§§ 4.1.3(10), 4.15.
The City shall complete the following alterations to the Martin Luther King Center within two years of the effective date of this Agreement:
c. Women's Toilet Room(1) The room identification signage is inaccessible and is mounted on the door. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1.
(2) There is no designated accessible toilet stall. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. §§ 4.1.3(11), 4.22.
(3) The lavatory has twist-type faucets. Provide lavatory hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting. § 4.19.5.
(4) The hot water and drain pipes under the lavatories are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. §§ 4.1.6(1(b), 4.1.3(11),4.22.6, 4.19.4.d. Men's Toilet Room
(1) The room identification sign is inaccessible and is mounted on the door. Provide a sign, using raised characters and Braille, mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1
(2) There is no designated accessible toilet stall. The two stalls are separated by a brick wall. The stall is 30 inches deep by 37 inches wide. There are no accessible features. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. §§ 4.1.3(11), 4.22.49. Senior Citizen Center
The City shall complete the following alterations to the Senior Citizen Center within one year of the effective date of this Agreement:
a. Parking
Signage is mounted such that it can be obscured by a vehicle parked in the space. Provide a sign at each space mounted so that the sign cannot be obscured by a vehicle parked in the space. Provide an additional sign designating the space which has a 96 inch access aisle as “van-accessible” with a sign mounted below the symbol of accessibility. §§ 4.1.2(5)(a9)(b), 4.6.3 & Fig. 9, 4.6.4.
b. Unisex Accessible Toilet Room
(1) The room identification signage is mounted on the door. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1.
(2) Access to the required toilet fixture clearance is obstructed by the floor mounted grab bar. Provide a minimum maneuvering clearance of 48 inches wide by 66 inches deep. § 4.16.2, Fig. 28.
(3) The door has twist-type hardware. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting. § 4.13.9.
(4) The lavatory has twist-type faucet hardware. Provide lavatory hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting. § 4.19.5.
(5) The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation for or configure the hot water and drain pipes under the lavatories to protect against contact. § 4.19.4.
(6) The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.
(7) The paper towel dispenser control is mounted above the toilet at 50 inches above the finished floor. Provide a dispenser so that its highest operable part is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. § 4.27.3, 4.2.5, 4.2.6.
(8) The side grab bar is mounted 30 inches above the finished floor. Provide a side grab bar that is mounted 33-36 inches above the finished floor, at least 40 inches in length, and begins no more than 12 inches from the back wall. § 4.17.6.
(9) There is no rear grab bar. Provide a rear grab bar so that is at least 36 inches in length, mounted 33-36 inches above the finished floor, and begins no more than 6 inches from the side wall. § 4.17.6.
(10) There is a floor mounted grab bar between the toilet and the sink, reducing the clear width in front of the sink to 22 1/2 inches. Provide a minimum clear floor space of 30 inches by 48 inches in front of the lavatory.
§ 4.19.3.
(11) The toilet paper dispenser is not accessible. Provide a toilet paper dispenser that is below the grab bar and at least 19 inches above the finished floor. § 4.22.4 & Fig. 30(d).c. There is no accessible route leading to the 2nd floor (aerobics classes) and to the basement (quilting classes with large looms). Provide an accessible route to the aerobics and quilting classes, or move the classes to an accessible location upon request by an individual with a disability. § 4.3.8.
d. Provide signage at inaccessible toilet rooms directing individuals with disabilities to the nearest accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.50. Hatbox Dance Building
The City shall complete the following alterations to the Hatbox Dance Building within two years of the effective date of this Agreement:
a. The ramp accommodating the change in level along the accessible route exceeds the maximum allowable slope. Provide a 24 inch long ramp with handrails.
§ 4.8.5.
b. The drinking fountain is not accessible. Provide an accessible drinking fountain or provide a cup dispenser next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.1.3(10), 4.15.
c. There is a 3 1/4 inch change in elevation at the threshold of the entrance door between the dance floor and the men's and women's toilet rooms. Provide a threshold that is no greater than 1/2 inches and beveled with a slope no greater than 1:2. § 4.3.8.
d. Men's and Women’s Toilet Rooms(1) The room identification signage is mounted on the door. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1.
(2) There is no designated accessible toilet stall. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. § 4.17.3.
(3) The lavatory entrance door has twist-type hardware. Provide lavatory hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting. §§ 4.19.5.
(4) The lavatory counter is not accessible and there are insufficient knee and toe clearances. Provide a lavatory that has a counter top height of 34 inches maximum above the finished floor, knee clearance of 29 inches minimum to the bottom of the apron and is at least 8 inches deep and 27 inches above the finished floor. §§ 4.19.2 & Fig. 31.51. Hatbox Skate Park
The City shall complete the following alterations to the Hatbox Skate Park within two years of the effective date of this Agreement:
a. The entrance door has knob hardware. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting.
§ 4.13.9.
b. The drinking fountain is not accessible. Provide an accessible drinking fountain or provide a cup dispenser next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.1.3(10), 4.15.
c. Both men's and women's toilet rooms are inaccessible. Provide men’s and women’s accessible toilet rooms or a unisex toilet room so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, lavatory, mirror, controls and dispensers, and signage comply with the Standards. § 4.22.52. Elliott Park (Historical)
The City shall complete the following alterations to the Elliott Park within one year of the effective date of this Agreement:
a. The parking lot is gravel and unstriped. There is an abrupt change of level of 3 inches where the sidewalk meets the parking lot. Provide an accessible route of travel at that point so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2. §§ 4.1.2(1), 4.3.8, 4.5.2.
The City shall complete the following alterations to the Elliott Park within two years of the effective date of this Agreement:
b. The exterior drinking fountain is inaccessible. Provide an accessible drinking fountain or provide a cup dispenser next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs.
§§ 4.1.3(10), 4.15.
c. Women's Toilet Rooms(1) The toilet room identification sign is 50 inches above the finished floor. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1
(2) The threshold at the toilet room entrance is 2 1/2 inches high. Provide a threshold that is no greater than 1/2 inches and beveled with a slope no greater than 1:2. § 4.13.8.
(3) The designated accessible toilet stall has no rear grab bar. Stall dimension is 59 inches deep by 36 inches wide. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. § 4.17.
(4) The coat hook in the accessible stall is located 68 inches above the finished floor. Provide a coat hook that is not more than 48 inches above the finished floor for a forward approach or more than 54 inches above the finished floor for a side approach. §§ 4.25.3, 4.2.5, 4.2.6.
(5) The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.d. Men's Toilet Room
(1) The toilet room identification sign is 50 inches above the finished floor. Provide a sign with raised characters and Braille mounted on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1
(2) The threshold at the toilet room entrance is 2 1/2 inches high. inches. Provide a threshold that is no greater than 1/2 inches and beveled with a slope no greater than 1:2. §§ 4.13.8.
(3) The designated accessible toilet stall has no rear grab bar. Stall dimension is 55 1/2 inches deep by 39 inches wide. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. § 4.17.
(4) The coat hook in the accessible toilet stall is located 68 1/2inches above the finished floor. Provide a coat hook that is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. §§ 4.25.3, 4.2.5, 4.2.6.
(5) The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.53. Spaulding Park
The City shall complete the following alterations to the Spaulding Park within two years of the effective date of this Agreement:
a. Women's Bath Room
(1) The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.
(2) The designated accessible toilet stall is 58 inches long by 35 inches wide. There is no rear grab bar. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. § 4.17.
(3) The coat hook in the accessible stall is located 63 1/2 inches above the finished floor. Provide a coat hook that is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. §§ 4.25.3, 4.2.5, 4.2.6.
(4) The roll-in shower is 80 inches deep by 40 1/2" wide. Provide a shower stall that is 30 inches wide by 60 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. § 4.21.b. Men's Bath Room
(1) The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.
(2) The designated accessible toilet stall is 58 inches long by 40 1/2 inches wide. There is no rear grab bar. Provide a “standard” accessible toilet stall that is at least 60 inches wide and 56 inches deep 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. § 4.17.
(3) The coat hook in the accessible toilet stall is located 63 1/2 inches above the finished floor. Provide a coat hook that is not more than 48 inches above the finished floor for a forward approach nor more than 54 inches above the finished floor for a side approach. §§ 4.25.3, 4.2.5, 4.2.6.
(4) The roll-in shower is 40 inches deep by 40 inches wide. Provide a shower stall that is 30 inches wide by 60 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. § 4.21.54. War Memorial and USS Batfish
The City shall complete the following alterations to the War Memorial within one year of the effective date of this Agreement:
a. Parking
There is no designated accessible van parking. The designated access aisle for the van-accessible space stops short of the full length of the space. Signage is mounted such that a vehicle parked in the space obscures the sign. Provide a sign at each space mounted so that the sign cannot be obscured by a vehicle parked in the space. Provide an additional 96 inch access aisle with an additional sign designating space as “van-accessible” with a sign mounted below the symbol of accessibility. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
The City shall complete the following alterations to the War Memorial within two years of the effective date of this Agreement:
b. The front entrance door has knob hardware. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting.
§ 4.13.9.
c. The drinking fountain is 38 inches high. Provide an accessible drinking fountain or provide a cup dispenser next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.1.3(10), 4.15.
d. The exit to the outdoor memorial area leads to an inaccessible ramp. There are no handrails nor a level landing where the ramp meets the door. Provide a ramp with a minimum slope of 1:12, level landing at the door, and handrails at both sides.
e. The toilet room is 58 inches wide and 71 inches long. Signage is on door and is not accessible. Door has knob hardware. The centerline of the toilet is located 13 inches from the side wall. The lavatory mirror is located 43 1/2 inches above the finished floor. Provide a unisex toilet room so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, lavatory, mirror, controls and dispensers, and signage comply with the Standards. § 4.22.
MISCELLANEOUS PROVISIONS
55. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.
56. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City 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).
57. Within 120 days of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways to interact with persons with disabilities. The City 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.
58. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have regular contact with members of the public. At the end of that period, the City 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 ENFORCEMENT59. 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.
60. The Department may review compliance with this Agreement at any time. If the Department believes that the City 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 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 to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.
61. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City of Muskogee 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.
62. 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.
63. 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 City of Muskogee or the Department on request.
64. 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), 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 and section 504 of the Rehabilitation Act.
65. This Agreement will remain in effect for four 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.
66. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.
67. The effective date of this Agreement is the date of the last signature below.
For the City of Muskogee: For the United States:
By:__________________________
HERSHEL McBRIDE, Mayor
Attest:________________________
PAMELA S. BUSH, City Clerk
Date 8/20/2003
J.MICHAEL WIGGINS
Acting Assistant Attorney General
Civil Rights Division.
By:__________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY,
Acting Deputy Chief
JOSHUA C. MENDELSOHN,
Supervisory Attorney
CAROLYN RUSSELL, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section-NYA
Washington , DC 20530
Date 8/14/2003
ATTACHMENT A to Settlement Agreement, between the United States and the City of Muskogee, IN
DJ# 204-59-38
POLICY STATEMENT IMPLEMENTING PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT
WHEREAS, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 and becomes effective for public entities on January 26, 1992; and
WHEREAS, This Act prohibits discrimination against persons with disabilities and requires that a qualified individual with disability should not be subject to discrimination in employment, access to public facilities or in the provision of services, programs and activities of a public entity; and
WHEREAS, the City of Muskogee has reviewed its" personnel policies and procedures, application forms and hiring procedures and made necessary changes to remove discrimination barriers; and
WHEREAS, the City of Muskogee has evaluated its services, programs and activities to ensure that they will be provided in a nondiscriminatory manner, which may include making reasonable accommodations or modifications to policies as required; and
WHEREAS, the City Manager has designated the Personnel Director of the City of Muskogee as the contact person regarding any ADA-related issues; and
WHEREAS, the City Manager has designed a complaint form to be used for any internal or external complaints regarding the Americans With Disabilities Act (Attachment A).
WHEREAS, the City of Muskogee has, to its knowledge, complied with the provisions contained in the Americans with Disabilities Act;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE:
Section 1: The City of Muskogee is committed to complying with the intent and requirements of the Americans With Disabilities Act.
Section 2: The City of Muskogee will make every effort to accomplish compliance with the ADA mandates.
Section 3: The City Manager will be responsible for implementation of the ADA requirements and will ensure that all complaints referenced above are reviewed, investigated and resolved in an appropriate manner.
Section 4: "The City of Muskogee will extend equal opportunity to qualified applicants and to employees without regard to race, religion, color, sex, marital status, national origin, ancestry, disability, political affiliation or age, except where a bona fide occupational qualification exists.
Section 5: The City of Muskogee is committed to implementing appropriate work schedule modifications, job restructuring plans, and/or other reasonable accommodations for qualified individuals with disabilities, through a joint problem solving approach as covered by the Americans With Disabilities Act. Such accommodations will be evaluated en a case by case basis and must be approved by the City Manager."
APPROVED by the City Council of Muskogee, Oklahoma this 23rd day of __March ____, 1992.
______________________________________
MAYOR
ATTEST:
_______________________________________________
CITY CLERK
CITY OF MUSKOGEE
AMERICANS WITH DISABILITIES COMPLAINT FORM
1. Please indicate in writing (verbally if necessary) your concern or complaint and indicate the approximate time and date of the occurrence. (Use the back of this sheet if necessary.)
______________________________________________________________________________________________________________________________
2. What do you think would resolve the problem or complaint?
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
3. Please complete the following information:
Date of Complaint:_______________ Name of Party:_______________
Phone Number of Party:__________________
Address of Party:____________________________________________
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(For City use only)
City's Investigation Disclosed the Following:_______________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
Follow Up Action Requires:________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
1/92
(Return to Settlement Agreement)
ATTACHMENT B to Settlement Agreement, between the United States and the City of Muskogee, IN
DJ# 204-59-38
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Muskogee will not discriminate against qualified individuals with disabilities on the basis of disability in the City's/ services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the office of the Personnel Director as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to:The Personnel Director
City of Muskogee
P.O Box 1927
Muskogee, Oklahoma 74402.The City 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.
ATTACHMENT C to Settlement Agreement, between the United States and the City of Muskogee, IN
DJ# 204-59-38
CITY OF MUSKOGEE
Grievance Procedure under The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the of Muskogee. The City’s Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:The Personnel Director
City of Muskogee
PO Box 1927
Muskogee, Oklahoma 74402Within 15 calendar days after receipt of the complaint, the Personnel Director or designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Personnel Director or designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.
If the response by the Personnel Director or designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to the City Manager or designee.
Within 15 calendar days after receipt of the appeal, City Manager or designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the City Manager or designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by Personnel Director or designee, appeals to the City Manager or designee, and responses from these two offices will be retained by the City for at least three years.
(Return to Settlement Agreement)
ATTACHMENT D to Settlement Agreement, between the United States and the City of Muskogee, IN
DJ# 204-59-38
City of Muskogee Police DepartmentPOLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION
WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING
OVERVIEWIt is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:
- People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.
- The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing.
- Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.
- Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.
- 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. For example:
– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.
– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.
- To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.
- The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:
– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.
- The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.
- People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.
ON-CALL INTERPRETIVE SERVICES
- The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.
- A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”
TTY AND RELAY SERVICES
- In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.
TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY
- Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:
– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES
- Officers must utilize the following auxiliary aids, when available, to communicate effectively:
– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters(Return to Settlement Agreement)
ATTACHMENT E to Settlement Agreement, between the United States and the City of Muskogee, IN
DJ# 204-59-38
GUIDE FOR LAW ENFORCEMENT OFFICERSWhen In Contact With People Who Are Deaf or Hard of Hearing
As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.
What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.
How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:
- use of qualified sign language or oral interpreters
- for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)
- use of gestures or visual aids to supplement oral communication
- an exchange of written notes
- or use of a computer or typewriter.
What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.
For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.
Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.
DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.
How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.
If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.
- In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.
- During interrogations and arrests, a sign language interpreter will often be necessary.
- If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.
- In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.
Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.
Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.
Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.
Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.
Contact numbers for your local sign language interpreters:___________________________________________________
___________________________________________________
___________________________________________________
(Return to Settlement Agreement)
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February 2, 2004
