BACKGROUND
A. SCOPE OF THE INVESTIGATION
This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against the City of New Albany, Indiana ("City"). The complaint was received by the Disability Rights Section ("DRS") of the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleged that the City Departments of New Albany were inaccessible to persons with disabilities and that there was no TTY equipment to communicate with hearing or speech impaired individuals. The complaint also alleged that the City did not have a transition plan. Because the City receives financial assistance from the Department of Justice, our review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C. F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section ("DRS") 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 regulations (28 C.F.R.
Part 35), 28 C.F.R. § 35.105;
- to notify applicants, participants, beneficiaries, and other
interested persons of their rights and the City's obligations
under title II and the Department's regulations, 28 C.F.R. §
35.106;
- to designate a responsible employee to coordinate its efforts
to comply 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") or the Uniform Federal Accessibility Standards ("UFAS");
- 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,
- 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 teletypewriter (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
- to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY's and computer modems, 28 C.F.R. § 35.162;
- to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
- to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: City/County Building, Police Department Building, Waste Water Treatment Plant, Riverfront Park, Sam Peden Community Park, Camille Wright Pool, Griffin Street Activity Center, New Albany Street Department and Sewer Building, Ekin Avenue Recreation Center, Ellis "Bud" Flynn II Recreation Center, S. Ellen Jones Park, Binford Park, and Joe Kraft Park. Of those facilities, the Police Department Building, Waste Water Treatment Plant and Riverfront Park constitute new construction commenced after January 26, 1992.
B. JURISDICTION
1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.
3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
C. ACTIONS TAKEN BY THE CITY
4. The City conducted a self-evaluation and transition plan in February 1998 which identified various structural modifications necessary for compliance with the ADA. Some of the necessary changes were completed in Fiscal Year 1999.
5. The City's ADA Coordinator has received training on the requirements of § 504 for ADA purposes.
D. POLLING PLACES
6. The Department surveyed 12 of the City's 33 polling places. It is recognized that the Floyd County Election Board selects polling locations. The Board itself, and most of the facilities that house polling locations, are subject to the obligation either to comply with the ADA Standards as new construction or to remove barriers to accessibility under title II of the ADA. For this reason, they can be subject to an independent federal compliance review. This agreement does not limit such future enforcement action by any person or entity.
7. Polling locations at S. Ellen Jones Elementary School and Slate Run Elementary School are accessible but require the installation of signs to designate the accessible parking spaces. §§ 4.1.2(5), 4.6.4, 4.30.7. The City will request the school's responsible officials to install signage and that this remedy be completed within 3 months of the effective date of the Agreement.
8. Polling places at an additional six facilities are accessible: Salvation Army Building, Public Library, Fire House at East Market, Fire House at Grant Line, Larry Kochert residence, and Fairmont Elementary School. The remaining four locations that were surveyed are not accessible in some respect.
9. The City will request the Floyd County Election Board to search for and designate within 9 months of the effective date of this Agreement additional polling locations in facilities covered by title II of the ADA that conform to the ADA Standards with respect to parking, exterior routes, entrances, and interior routes to the voting area. §§ 4.1.2(5), 4.1.2(7), 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.13, 4.26, 4.30.7.
10. The City will request the Floyd County Election Board to submit to DRS within 12 months of the effective date of this Agreement a report that lists the names and addresses of its polling locations and indicates which are accessible. The report will be accompanied by photographs of each facility deemed accessible that depict parking, the exterior route from parking to the entrance, the entrance door and threshold, the interior route to the voting area, the door and threshold to the voting area, and the voting area itself. The City will request the Floyd County Election Board to advertise as accessible only those locations that the Department concurs are accessible.
11. The City agrees to provide the option of mail or absentee ballots to persons with disabilities, as authorized by Indiana law and the Floyd County Election Board, and agrees to accept ballots up to and including the day of the election.
12. Until such time as the Department agrees that additional polling places meet the ADA Standards, the City will request the Floyd County Election Board to provide a notice in local newspapers and on radio stations before elections that the Salvation Army Building, Public Library, Fire House at East Market, Fire House on Grant Line, Larry Kochert residence, Fairmont Elementary School, S. Ellen Jones Elementary School, and Slate Run Elementary School are accessible to people with mobility impairments, and to also alert people to the option of mail or absentee ballots.
The parties to this Agreement are the United States of America and the City of New Albany, Indiana. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:
REMEDIAL ACTION
13. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding paragraphs 15 through 39, except as provided in paragraphs 44 and 46 below.
14. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("Standards") are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.
E. POLICIES AND PROCEDURES
15. Within 60 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment A) to all department/division heads, publish the Notice in a 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 ADA Coordinator information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
16. Within 120 days of the effective date of this Agreement, the City will identify sources of qualified sign language interpreters and vendors that Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.)
17. Within 120 days of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all department/division heads, and post copies in conspicuous locations in its public building. It will refresh the posted copies, and update the contact information contained on the Procedures, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
18. The City will report to the Department within 120 days of the effective date of this Agreement the actions it has taken to comply with Paragraphs 15-17.
19. Within 1 1/2 years of the effective date of this Agreement, the City will develop a method for providing information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and services and submit its proposal to the Department in writing. The proposal, as approved by the Department, will be implemented no later than 2 years from the effective date of the Agreement.
20. Because the second floor and basement of the Ekin Avenue Recreation Center are not accessible, the City will develop and submit for approval to the Department within 90 days procedures for delivering the programs housed in those areas (table tennis, gymnastics, square dancing, shooting range) in an accessible location upon request of an individual with a mobility impairment.
F. 9-1-1 SERVICES
21. The City has three consoles; a telecommunications device for the deaf ("TTY") is installed at two consoles. The third console is currently used as a desk for an employee who relieves the other employees during breaks. The City agrees to acquire a third TTY, or an enhanced 9-1-1 ("E9-1-1"), if the third console is used as an answering or dispatching position and to otherwise ensure that working TTY's are located at each station where calls are received or made.
22. The City agrees to continue to ensure that TTY calls are answered as quickly as other calls received, and are monitored for timing and accuracy, if other calls are monitored. The City will also continue to ensure that employees are trained and practiced in using a TTY to make and receive calls.
23. The City will incorporate correct TTY call taking procedures into 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 submit a copy of its evaluation and procedures to the Department within 90 days of the effective date of this Agreement.
24. The City will ensure that the local telephone book includes a notice that the 9-1-1 number accepts TTY calls at the first available opportunity but no later than 12 months from the date of this Agreement.
G. CITY COMMUNICATION
25. Within 6 months of the effective date of this Agreement, the City will adopt the use of TTY's or an equally effective system (e.g., telephone relay) for communicating with persons with hearing or speech impairments in non-emergency settings, will develop procedures for the use of the system, and will train employees who take or answer public phone calls in these procedures.
26. Within 6 months of the effective date of this Agreement, the City will provide public notice, at least through its publications and the local telephone book, of the telecommunications system by which persons with hearing or speech impairments can communicate with the City.
27. Within 9 months of the effective date of this Agreement, the City will report to the Department on the telecommunications system it has chosen and will submit its written procedures, the names of employees who have been trained, and copies of the public notices it has issued.
H. PHYSICAL ALTERATIONS
28. Within one year of the effective date of this Agreement, the City will survey its public facilities. It will install signage at any inaccessible entrance to a facility, directing users to an accessible entrance or to information about other accessible facilities, and denote the accessible entrance by using the international symbol of accessibility. 28 C.F.R. § 35.163(b); Standards §§ 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions:
29. The City shall complete the following alterations to the Police Department within one year of the effective date of this Agreement:
a. Install a sign for the designated van accessible space at the north entrance parking lot so that it cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a),(b), 4.6.4, 4.6.3 & Fig. 9, 4.30.7.
b. Remove curb ramp from the access aisle of the designated van accessible space so that the access aisle is level in all directions. Provide a curb ramp that is cut into the sidewalk. §§ 4.6.3, 4.7.1.
c. Install a buzzer with signage near the vestibule phone, so that persons with hearing or speech impairments can access the building after hours. 28 C.F.R. § 35.160.
d. Replace the public pay telephone in the lobby with one that has volume control and hearing aid compatibility, appropriate signage, and otherwise complies with the Standards. §§ 4.1.3(17)(a), (b), 4.31.2 through 4.31.8, 4.30.7.
e. First Floor Ladies' Toilet Room
(1) Relocate the existing room designation signage or provide new signage in raised letters and Braille at the latch side of the door so that the centerline is 60 inches above the finish floor. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Adjust the door closer so that the force required to open the door will be no greater than 5 pounds. §§ 4.1.3(11), 4.1.3(7)(b), 4.13.11(2)(b), 4.22.2.
(3) Replace the twist faucet controls on the lavatory with controls that do not require tight grasping or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
(4) Install insulation on the hot water and drain pipes beneath the lavatory. §§ 4.1.3(11), 4.22.6, 4.19.4.
(5) Lower the side grab bar in the accessible stall so that it is between 33 to 36 inches from the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.6 and Fig. 30(d).
(6) Lower the rear grab bar in the accessible stall so that it is between 33 to 36 inches from the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.6 and Fig. 30(c).
(7) Provide a toilet in the designated accessible staff with a toilet seat that is between 17 and 19 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.3 & Fig. 29(b), 4.17.2.
(8) Provide a coat hook in the designated accessible stall so that it is no higher than 54 inches above the finish floor for a side reach or no higher than 48 inches above the finish floor for a forward reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
f. First Floor Men's Toilet Room
(1) Relocate the existing room designation signage or provide new signage in raised letters and Braille at the latch side of the door so that the centerline is 60 inches above the finish floor. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Adjust the door closer so that the force required to open the door will be no greater than 5 pounds. §§ 4.1.3(11), 4.1.3(7)(b), 4.13.11(2)(b), 4.22.2.
(3) Install insulation on the hot water and drain pipes beneath the lavatory. §§ 4.1.3(11), 4.22.6, 4.19.4.
(4) Provide a coat hook in the designated accessible stall so that it is no higher than 54 inches above the finish floor for a side reach or no higher than 48 inches above the finish floor for a forward reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
(5) Provide a toilet in the designated accessible stall with a toilet seat that is between 17 and 19 inches above the floor. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.3.
(6) Lower the rear grab bar in the accessible stall so that it is between 33 to 36 inches above the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(c).
(7) Lower the side grab bar in the accessible stall so that it is between 33 to 36 inches above the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.6, & Fig. 30(d).
g. Second Floor Men's Toilet Room
(1) Relocate the existing room designation signage or provide new signage in raised letters and Braille at the latch side of the door so that the centerline is 60 inches above the finish floor. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Install insulation on the hot water and drain pipes beneath the lavatory. §§ 4.1.3(11), 4.22.6, 4.19.4.
h. Second Floor Women's Toilet Room
(1) Relocate the existing room designation signage or provide new signage in raised letters and Braille at the latch side of the door so that the centerline is 60 inches above the finish floor. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Adjust the door closer so that the force required to open the door will be no greater than 5 pounds. §§ 4.1.3(11), 4.1.3(7)(b), 4.13.11(2)(b), 4.22.2.
(3) Replace the twist faucet controls on the lavatory with controls that do not require tight grasping or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
(4) Lower the side grab bar in the accessible stall so that it is between 33 to 36 inches from the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d).
(5) Lower the rear grab bar so that it is between 33 to 36 inches from the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(c).
(6) Provide a toilet in the designated accessible stall with a toilet seat that is between 17 and 19 inches above the finish floor. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.3.
(7) Provide a coat hook in the designated accessible stall so that it is no higher than 48 inches above the finish floor for a forward reach or no higher than 54 inches above the finish floor for a side reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
i. Provide an alternate polygraph room and witness interview room that provides a minimum clear opening of at least 32 inches with the door open 90 degrees. §§ 4.1.3(7), 4.13.5.
30. The City shall complete the following alterations to the Waste Water Treatment Plant (Unisex Toilet Room) within one year of the effective date of this Agreement:
a. Provide a room designation sign on the wall at the latch side of the door so that the centerline is 60 inches above the finish floor. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
b. Reposition the soap dispenser so that it is no higher than 48 inches from the finish floor for a forward reach. §§ 4.1.3(11) 4.22.7, 4.27.3, 4.2.5.
c. Provide a mirror so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.
31. The City shall complete the following alterations to Riverfront Park within one year of the effective date of this Agreement:
a. Provide a van accessible parking space with a 96 inch wide demarcated access aisle and signage. §§ 4.1.2(5)(b), 4.6.4.
b. Provide a 60 inch wide demarcated access aisle for one of the designated accessible parking spaces. §§ 4.1.2(5)(a), 4.6.3.
c. Install signage designating the designated accessible parking spaces in compliance with the Standards. §§ 4.1.2(5), 4.6.4, 4.30.7.
d. Alter the sidewalk ramp that leads from the accessible parking to the amphitheater so that the slope of each run does not exceed 1:12, the cross slope is no greater than 1:50, there is no abrupt change in level between the runs greater than .25 of an inch, and the landing between the runs is 60 inches by 60 inches and level. §§ 4.1.2(1), 4.3.8, 4.5.2, 4.8.2, 4.8.4, 4.8.6.
e. Install edge protection and handrails on the sidewalk ramp that comply with the Standards. §§ 4.1.2(1), 4.3.8, 4.8.5, 4.8.7 & Fig. 17, 4.26.
f. Alter the ramp that leads from the ground level apron to the stage up to the stage surface, so that its slope does not exceed 1:12 and the cross slope is no greater than 1:50; install handrails and edge protection. §§ 4.1.2(1), 4.1.3(19), 4.8, 4.26, 4.33.5, 4.3.8.
g. Establish wheelchair locations that have lines of sight comparable to those for the general public in the spectator seating that comply with the Standards. §§ 4.1.3(19)(a), 4.33, 4.5.
h. Construct a ramp from the amphitheater to the accessible wheelchair locations that complies in all respects with the Standards. §§ 4.1.3(19), 4.1.2(1), 4.33.3, 4.3.8, 4.8, 4.26.
i. Remove the edging from the entrance to the playground area, farthest from the amphitheater, that adjoins the accessible route (sidewalk). §§ 4.1.2(1), 4.3.8, 4.5.2.
j. Ladies' Toilet Room
(1) Provide a lavatory with at least 29 inches of knee clearance. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.
(2) Provide a paper towel dispenser with a lever that is no higher than 48 inches from the finish floor for a forward reach. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5.
(3) Provide a soap dispenser with a control that is no higher than 48 inches from the finish floor for a forward reach. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5.
(4) Reposition the toilet or install a partition or half-wall so that the centerline of the toilet is 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).
(5) Provide a coat hook in the designated accessible stall so that it is no higher than 48 inches above the finish floor for a forward reach or 54 inches above the finish floor for a side reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
(k) Men's Toilet Room
(1) The men's toilet room was locked during the on site investigation and therefore could not be reviewed by the Department.
Within 12 months of the effective date of this Agreement, the City will submit a report to the Department, accompanied by measurements and photographs, recommending alterations to the room's space and elements as necessary to comply with the Standards. §§ 4.22; 4.17 & Fig. 30 (standard stall); 4.18 (urinal); 4.19 (lavatory and mirror); 4.2 (floor space); 4.3 (accessible route); 4.13 (doors); 4.26 (grab bars); 4.27 (controls).
(2) The City will complete all necessary structural alterations in the men's toilet room within 3 months of the Department's approval of the City's recommendations.
In order 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:
32. The City shall complete the following alterations to City-County Building within one year of the effective date of this Agreement:
a. Adjust the door to the Building Inspector's Office so that the force required to open the door is no more than 5 pounds. § 4.13.11.
b. Provide a service counter at the City Controller's Office that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter in compliance with the Standards, or provide a programmatic solution to the inaccessible counter. § 7.2.
c. Install directional signage at third floor toilet rooms that directs people to the accessible toilet rooms on the first floor. §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.
d. Install a drinking fountain on the third floor with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no higher than 48 inches from the finish floor for a forward reach and no higher than 54 inches from the finish floor for a side reach. §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
e. Enlarge the entrance vestibule so that there is 48 inches plus the width of the door swinging into the vestibule, or swing the existing vestibule doors away from each other in order to accommodate a wheelchair. § 4.13.7.
f. Reposition the two accessible parking spaces in the west entrance parking lot so that they are on the shortest accessible route of travel to the accessible west entrance. § 4.6.2.
g. First Floor Toilet Rooms
(1) Identify the toilet rooms with the International Symbol of Accessibility and provide room identification signs on the wall adjacent to the latch side of the doors to the accessible men's and women's toilet rooms that comply with the Standards. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
(2) Adjust each entrance door so that the force required to open the door is no greater than 5 pounds. § 4.13.11.
(3) Install insulation on the hot water and drain pipes beneath the lavatory. §§ 4.19.4, 4.22.6.
(4) Install a coat hook in the designated accessible stall in each room so that it is no higher than 48 inches above the finish floor for a forward reach or no higher than 54 inches above the finish floor for a side reach. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.
33. The City shall complete the following alterations to Binford Park within one year of the effective date of this Agreement:
a. Establish an accessible route from the street leading into the playground, from the street to the basketball court, and between the playground and the basketball court. §§ 4.3, 4.4, 4.5.
34. The City shall complete the following alterations to Joe Kraft Park within one year of the effective date of this Agreement:
a. Provide a toilet paper dispenser in the women's toilet room at a height of at least 19 inches above the finish floor and below the side grab bar. § 4.16.6 & Fig. 29(b).
b. Provide accessible parking spaces in compliance with the Standards in the lot adjacent to the basketball court and toilet rooms §§ 4.1.2(5), 4.6, 4.3, 4.30.7.
c. Construct an accessible route from parking lot to the basketball court and toilet rooms. §§ 4.3, 4.4, 4.5.
d. Construct an accessible route, including a ramp, from the street to the spray pool. §§ 4.3, 4.4, 4.5, 4.8, 4.26.
e. Install signs in conspicuous locations of the parking lot indicating the locations of accessible playgrounds in other City parks. §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
35. The City shall complete the following alterations to Sam Peden Community Park within 18 months of the effective date of this Agreement:
a. Add a 4th accessible parking space to the main lot fronting the lake so that the number of accessible parking spaces comply with the requirements of the Standards. §§ 4.1.2(5)(a), 4.6, 4.30.7.
b. Correct the uneven surface of the accessible route from the parking lot to Picnic Shelter No. 4. §§ 4.3, 4.5.
c. Renovate the men's and women's toilet rooms in Shelter #4 so that they comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30, 4.18, 4.19 & Figs. 31 & 32, 4.22, 4.26, 4.27, 4.30.7.
d. Apart from the toilet rooms in Shelter #4, there are at least two sets of toilet rooms for men and women within the park.
(1) Renovate one set so that they comply with the Standards. §§ 4.1.2(7)(d), 4.13, 4.16 & Figs. 28 & 29, 4.18, 4.19 & Figs. 31 & 32, 4.22, 4.26, 4.27, 4.30.7.
(2) In particular, ensure adequate turning space around the privacy wall, or remove the wall. § 4.3.3 & Fig. 7(b).
(3) Also ensure that the accessible toilet rooms are on an accessible route. §§ 4.22.1, 4.3.
e. Install signs in conspicuous locations indicating the locations of the accessible toilet rooms within Shelter #4 and elsewhere in the park that comply with the Standards. §§ 4.1.2(7), 4.30.
36. The City shall complete the following alterations to Camille Wright Pool within one year of the effective date of this Agreement:
a. Men's Toilet and Shower Room
(1) Provide identification sign for the accessible toilet and shower room on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor and there are no protruding objects to within 3 inches of the sign. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Reposition or replace the side grab bar in the designated accessible stall so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and its end farthest from the back wall is located at least 52 inches from the wall and the grab bar is between 33 and 36 inches high. §§ 4.17.6 & Fig. 30(d), 4.26.
(3) Provide a mirror so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. § 4.19.6.
(4) Provide a public service counter that is at least 36 inches wide and no more than 36 inches high on an accessible route or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide a programmatic solution to the inaccessible counter. § 7.2.
(5) Eliminate the 1 ½ inch curb in the men's shower. § 4.21.7.
(6) Provide shower controls that are located between 38 inches and 48 inches high. §§ 4.21.5, 4.27.4 & Fig. 37.
b. Women's Toilet and Shower Room
(1) Provide a toilet paper dispenser in the designated accessible stall at a height of at least 19 inches above the finish floor and no more than 36 inches from the back wall. § 4.17.3 & Fig. 30(d).
(2) Reposition or replace the side grab bar in the designated accessible stall so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and its end farthest from the back wall is located at least 52 inches from the wall and the grab bar is between 33 and 36 inches high. §§ 4.17.6 & Fig. 30(d), 4.26.
(3) Reposition the toilet in the accessible stall or install a partition or half-wall so that the toilet centerline is 18 inches from the wall or partition. § 4.17.3 & Fig 30(a).
37. The City shall complete the following alterations to Griffin Street Activity Center within one year of the effective date of this Agreement:
a. Establish a procedure for providing access to the stage or install a ramp or platform lift in compliance with the Standards, §§ 4.8, 4.11, 4.26. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances.
b. Provide toilet paper dispensers in the accessible stalls in the women's and men's toilet rooms at a height of at least 19 inches above the finish floor below the side grab bar and not more than 36 inches from the back wall. § 4.17.3 & Fig. 30(d).
c. Rearrange the kitchen to provide an accessible route to the room's accessible elements. § 4.3.
d. Replace the twist-type faucets on the kitchen sink with hardware that does not require tight grasping or twisting of the wrists to operate. § 4.27.4.
e. Install a drinking fountain with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no higher than 48 inches from the finish floor for a forward reach and no higher than 54 inches from the finish floor for a side reach. §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
38. The City shall complete the following alterations to Ekin Avenue Recreation Center within one year of the effective date of this Agreement:
The Center is occupied at one end by the New Albany/Floyd County Parks and Recreation Department and at the other by the Ed Endress Boys and Girls Club, the City's lessee.
a. Department Space
(1) Add two additional accessible parking spaces, including one van accessible parking space, in the parking lot as required by the Standards. §§ 4.1.2(5)(a), 4.6, 4.3, 4.30.7.
(2) Install edge protection and handrails on the rear entrance ramp that comply with the Standards. §§ 4.8.5, 4.8.7 & Fig. 17, 4.26.
(3) Install signage identifying the rear entrance as the accessible entrance. §§ 4.1.2(7)(c), 4.30.
(4) Alter the threshold at the rear entrance door so that it complies with the requirements of the Standards. §§ 4.5.2, 4.13.8.
(5) Install directional signage at the inaccessible entrances to the Department, indicating the location of the accessible entrance. §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.
(6) Men's and Women's Toilet Rooms
(i) Install insulation on the hot water and drain pipes beneath the lavatories. § 4.19.4.
(ii) Provide a mirror in each room so that the bottom edge of the reflecting surface is no higher than 40 inches above the floor. § 4.19.6.
(iii) Replace the rear grab bar in each room with one that is at least 36 inches long. § 4.16.4 & Fig. 29.
(7) Install a drinking fountain with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no higher than 48 inches from the finish floor for a forward reach and no higher than 54 inches from the finish floor for a side reach. §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
b. Club Space
(1) Provide handrails on both sides of the ramp with 12 inch extensions beyond the bottom and top of the ramp, and edge protection, to the ramp leading from the parking lot to the accessible entrance. §§ 4.8.5, 4.8.7 & Fig. 17, 4.26.
(2) Install handrails on both sides of the indoor ramp that leads to the computer room and gym that comply with the requirements of the Standards. §§ 4.8.5, 4.8.7 & Fig. 17, 4.26.
(3) Men's and Women's Toilet and Shower Rooms
(i) Provide a curb at the men's and women's shower stalls that is no more than 1/2 inch. § 4.21.7.
(ii) Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep on an accessible route in each room such that all of the stall's elements, including water closet, size and arrangement, toe clearances, door, and grab bars comply with the requirements of the Standards. §§ 4.16, 4.17 & Fig. 30(a), 4.23.4, 4.26, 4.27.
(iii) Additionally, ensure adequate turning space around the privacy wall, or remove the wall. § 4.3.3 & Fig. 7(b).
39. The City shall complete the following alterations to Ellis "Bud" Flynn II Recreation Center within one year of the effective date of this Agreement:
a. Provide two accessible parking spaces, including one van accessible parking space, in the parking lot to comply with the requirements of the Standards. §§ 4.1.2(5), 4.6, 4.30.7.
b. Provide handrails on both sides of the ramp with 12 inch extensions beyond the bottom of the ramp and edge protection, to the ramp leading from the parking lot to the front entrance §§ 4.8.5, 4.8.7 & Fig. 17, 4.26.
c. Install insulation on the hot water and drain pipes beneath the lavatory in the "unisex" toilet room. § 4.19.4.
d. Provide a toilet paper dispenser in the toilet room at a height of at least 19 inches above the floor below the side grab bar and within reach range of the toilet. § 4.16.6 & Fig. 29(b).
e. Alter the interior of the toilet room to comply with the wheelchair turning space and clear floor space requirements of the Standards. §§ 4.22.3, 4.2.3, 4.3.3, 4.16.2 & Fig. 28.
IMPLEMENTATION AND ENFORCEMENT
40. The City understands and acknowledges that any new construction or future alterations made to existing facilities must be in compliance with the Standards.
41. The City will ensure that any City owned facilities currently closed and scheduled to be reopened, are accessible before reopening.
42. Except as otherwise specified in this Agreement, at 120 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
43. 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.
44. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce § 504 of the Rehabilitation Act.
45. 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.
46. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or it may initiate appropriate steps to enforce § 504 of the Rehabilitation Act.
47. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.
48. The effective date of this Agreement is the date of the last signature below.
49. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.
50. This Agreement will remain in effect for two 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.
51. The person signing for the City of New Albany represents that he is authorized to bind the City to this Agreement.
|
For the City _________________________________ City Attorney KEITH HENDERSON |
For the United States William R. Yeomans, By: ______________________________ Date: June 14, 2001 |
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 New Albany, Indiana (City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities.
The City does not discriminate on the basis of disability in its hiring or employment practices. The City will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The City will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City's business.
The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact ________________ at __________________ as far in advance as possible. 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.
CITY OF NEW ALBANY
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 City of New Albany. 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:
ADA Coordinator
City of New Albany Indiana
Room 329 - City-County Building
New Albany, IN 47150Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or his/her 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 of New Albany and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA Coordinator within 15 calendar days after receipt of the response to the City Council or his/her designee.
Within 15 calendar days after receipt of the appeal, the City Council or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the City Council or his/her 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 the ADA Coordinator or his/her designee, appeals to the City Council or his/her designee, and responses from these two offices will be retained by the City of New Albany at least three years.
Return to Project Civic Access
June 29, 2001