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 Orleans, Louisiana ("City"). The complaint was received by the Civil Rights Division of the Department of Justice under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleges that the City has not completed its self-evaluation and transition plan as required by 28 C.F.R. § 35.105 and § 35.150(d), respectively.
Because the City receives financial assistance from the Department of Justice, the investigation 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 Department expanded the scope of the investigation to include the Citys compliance with the following title II requirements:
- 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 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");
- 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 to telephone emergency services, including 9-1-1 services, for persons who use TTY's, 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 signs 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).
During its on-site investigation, the Department limited its review to those of the City's programs, services, and activities that operate in the following facilities: 6th District Police Station, Swimming Pool Facility and Hockey Rink at the Joe Brown Memorial Park, Broadmoor Library, Golden Age Center, Whitney Young Pool, New Orleans Police Department Headquarters, Municipal Auditorium, City Hall, Civil Courts Building, Municipal Traffic Court Building, Office of Economic Development on the 12th Floor in the Equitable Center, City Hall Annex (Amoco Building), 1st District Police Station, 3rd District Police Station, 7th District Police Station, 2nd Baseball Field and Gym Building at the Joe Brown Memorial Park, 5th District Police Station, 8th District Police Station, 2nd District Police Station, Lyons Recreational Center, Broadmoor Library, Mahalia Jackson Auditorium, Gallier Hall, New Orleans Museum of Art, Robert E. Smith Library, Main Library, Behrman Park (Gym Building and Swimming Pool; the Stadium was not reviewed), 4th District Police Station, Algiers Regional Library, and Criminal District Court Building. Of those facilities, the 6th District Police Station, Swimming Pool Facility and Hockey Rink at the Joe Brown Memorial Park, Broadmoor Library, Golden Age Center, and Whitney Young Pool constitute new construction commenced after January 26, 1992. New Orleans Police Department Headquarters and Municipal Auditorium constitute alterations that commenced after January 26, 1992.
Facilities not reviewed during the Departments on-site investigation will be the subject of program access review in the Citys self-evaluation, and, if appropriate, the subject of the Citys transition plan to be submitted to the Department as hereinafter provided.
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 under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter 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 investigate the complaint in this matter to determine the Citys 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 should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
The parties to this Agreement are the United States of America and the City of New Orleans, Louisiana. In order to avoid the burdens and expenses of possible litigation, the parties hereby agree as follows (all cites in section C, below, are to the Standards, unless otherwise specified):
REMEDIAL ACTION
4. The City is in the process of completing its self-evaluation and its transition plan, which will be provided to the Department within two years of the effective date of this Agreement. During this time the City will be working to address items cited during the Departments on-site investigation.
5. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding the areas covered by ¶¶ 7 through 39, below, except as provided in ¶¶ 43 and 45 below.
6. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.
A. POLICIES AND PROCEDURES
7. Within 120 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment A) to all agency heads and will post copies in conspicuous locations in its public buildings, including libraries. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of the Agreement. The City will also publish the Notice on its local television Channel 16 at 6-month intervals for the life of this Agreement and on its official Internet Website, http://www.new-orleans.la.us/ for the life of this Agreement Copies of the Notice will be provided to any person upon request.
8. 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 agency heads, and will post copies in conspicuous locations in its public buildings, including libraries. It will refresh the posted copies, and update the contact information contained on the Procedure, as necessary, for the life of the Agreement. The City will also publish the Procedure on its local television Channel 16 at 6-month intervals for the life of this Agreement and on its official Internet Website, http://www.new-orleans.la.us/ for the life of this Agreement. Copies of the Procedure will be provided to any person upon request.
9. Within 2 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 Citys accessible programs, activities, and services and will submit its proposal to the Department in writing. The proposal will be implemented no later than 6 months after the Departments approval of the proposal.
10. In order to ensure that court proceedings held in any of the City court buildings (including the Civil Courts Building, Municipal Traffic Court Building, and Criminal District Court Building) are readily accessible to and usable by individuals with mobility impairments, the City will, within 180 days of the effective date of this Agreement, adopt and implement the attached Policy (Attachment C) entitled, "Policy on Accessibility of Proceedings Held in the City Court Buildings." Within 210 days of the effective date of this Agreement, the City will distribute the Policy to all agency heads, and will post copies in conspicuous locations in its public buildings, including libraries. It will refresh the posted copies, and update the contact information contained on the Policy, as necessary, for the life of the Agreement. The City will also publish the Policy on its local television Channel 16 at 6-month intervals for the life of this Agreement and on its official Internet Website, http://www.new-orleans.la.us/ for the life of this Agreement. Copies of the Policy will be provided to any person upon request.
11. Within 120 days of the effective date of this Agreement, the City will develop and adopt a written procedure for providing qualified sign language interpreters at all City court proceedings upon the request of an individual with a hearing impairment, at the Citys expense. The availability of this service will be included in all court informational documents. Within 180 days of the effective date of this Agreement, copies of the procedure will be posted in conspicuous locations in all of the City court buildings (including the Civil Courts Building, Municipal Traffic Court Building, and Criminal District Court Building) and distributed to all appropriate City court employees. The City will refresh posted copies for the life of this Agreement and will provide copies to any person upon request.
B. CITY COMMUNICATIONS
12. Within 180 days of the effective date of this Agreement, the City will identify sources of qualified sign language interpreters and vendors of Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.).
13. The City will publicize its TTY telephone numbers and the Louisiana Relay Service TTY number on the same basis as its voice number, through their inclusion on the Citys official Internet Website, http://www.new-orleans.la.us/ within 180 days of the effective date of this Agreement and through the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will make clear that the TTY number for the Office of Public Advocacy at City Hall functions as a TTY number for all City offices, which will be reiterated in appropriate, subsequent City publications and local telephone book editions for the life of this Agreement.
14. Within 180 days of the effective date of this Agreement, the City will develop and implement written procedures to ensure that calls to the TTY in the Office of Public Advocacy at City Hall are returned by the appropriate City official by TTY or relay on the same day the call is received. If the caller's questions or concerns cannot be handled promptly, the procedures will require a City employee to speak to the caller on the same day in order to establish a time frame for the call-back.
15. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Louisiana Relay Service to make and receive calls, and that the TTY is maintained in good working order through test calls every 6 months for the life of this Agreement.
16. There is a courtesy telephone available in the Office of Public Advocacy for use by visitors wishing to make outgoing calls. Within 60 days of the effective date of this Agreement, the City will post a sign in that Office alerting visitors with hearing or speech impairments that a TTY is available to them for the same purpose, and will make the TTY available upon request.
C. PHYSICAL CHANGES
The City will make all physical changes specified in this Part C. within the time frames listed in Attachment D to this Agreement.
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.
17. Swimming Pool Facility at the Joe Brown Memorial Parka. Five of the 10 designated accessible parking spaces in the parking lot serving the swimming pool and hockey rink do not have correct signs designating them as reserved. Install signs at each of these spaces, using the international symbol of accessibility, located so that the signs cannot be obscured by a vehicle parked in the space. §§ 4.1.2(7)(a), 4.6.4.
b. The lowest rim of the 4 urinals in the mens changing room is 17 3/4 inches above the finish floor. Provide a urinal with an elongated rim not more than 17 inches above the finish floor to the top of the rim. §§ 4.1.3(11), 4.22.5, 4.18.2.
c. The designated accessible roll in shower in the womens changing room does not have a handheld shower unit. Provide a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a handheld shower, or provide a fixed shower head at 48 inches above the floor. §§ 4.1.3(11), 4.23.8, 4.21.6.18. Broadmoor Library
a. The ramp leading to the accessible front entrance has handrails that do not reach the top of the ramp and that do not have extensions at the top. Install continuous handrails that run the length of the ramp and that extend at least 12 inches beyond the top and bottom of the ramp segment. §§ 4.1.2(1), 4.8.5(2), 4.26, Fig. 17.
b. The womens and mens toilet rooms do not have accessible signs. Install signs, using raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
c. The force required to open the womens and men's toilet room doors is 6 pounds and 18 pounds, respectively. Adjust door closers so that the force required to open each door is not more than 5 pounds. §§ 4.1.3(7)(b), 4.13.11(2)(b).
d. The door to the designated accessible stall in the women's toilet room opens into the stall, thereby reducing the depth of the clear floor space in the stall to 53 1/2 inches, instead of the 59 inches required for a stall with a floor-mounted toilet. If maneuvering space can be provided, reverse the door so that it swings outward. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(a-1).
e. The designated accessible toilet stall in the men's toilet room is 47 1/2 inches wide by 84 1/2 inches deep with a floor-mounted toilet, and the toilet paper dispenser is mounted on the stall partition wall 30 inches from the toilet centerline. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep such that all of the stall's elements, including entry 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), 4.16, 4.17, 4.22.4, 4.22.7, 4.26, 4.27, Fig. 30(a), Fig. 30(d).
f. The rim of the lower urinal in the mens toilet room is 18 1/2 inches above the finish floor. Provide a urinal that has an elongated rim not more than 17 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.2.19. Golden Age Center
Within 180 days of the effective date of this Agreement, the City will post a notice in a conspicuous location at the Golden Age Center to inform the public that the facility is not completely accessible to people with disabilities, and to direct them to a facility or facilities offering the same programs as are offered at the Center. The notice will also appear in the first City directory of recreation programs or similar publication, if any, that issues after the effective date of this Agreement. The posted notice will be refreshed and updated, as necessary, and the published notice, if any, will be reiterated in subsequent City publications for the life of the Agreement.
20. Whitney Young Poola. The parking lot has 34 spaces, none of which is accessible. Alter the parking lot to provide at least 2 accessible parking spaces near the curb ramp that serves the accessible entrance and is farthest from the driveway entrance on the street. One space must be van-accessible. A car spaces must be at least 96 inches wide with an access aisle at least 60 inches wide and a sign complying with the Standards. The van-accessible space must be served by a 96 inch wide access aisle and have an additional van accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5), 4.1.2(7)(a), 4.6, 4.30.7, Fig. 9.
b. The ramp leading to the main entrance has no edge protection and no handrail extensions. Install edge protection on the ramp and handrail extensions that comply with the Standards. §§ 4.8.5(2), 4.8.7, Fig. 17.
c. Womens and Mens Changing Rooms(1) The entrances to the womens and mens changing rooms from the pool have signs mounted on the doors. Provide a sign, with raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) There is a 1 inch threshold at the pool entrance door. Alter the pool entrance threshold so that there is no change in level greater than 1/2 inch and any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. §§ 4.1.3(7), 4.13.8.
(3) The thresholds at the pool entrance to the mens changing room are 1 inch and 1/2 inch, and are not beveled. Alter these thresholds so that there is no change in level greater than 1/2 inch and any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. §§ 4.1.3(7), 4.13.8.
(4) The seating surfaces of the wood benches in the womens and mens changing rooms are 15 1/2 inches above the finish floor. Provide a bench that is at least 24 inches by 48 inches in each room with the seating surface between 17 inches and 19 inches above the finish floor. §§ 4.1.3(21), 4.35.4.
(5) The coat hooks behind the wood benches in the womens and mens changing rooms are 58 3/4 inches above the finish floor. Provide a coat hook in each room that is no more than 48 inches above the finish floor for a clear forward reach, or no more than 46 inches above the floor for a side reach above the bench. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6, Fig.5, Fig. 6.d. Womens and Mens Toilet Rooms
(1) The womens and mens toilet room entrances have signs mounted on the doors. Provide a sign, with raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet paper dispenser in the mens designated accessible stall is mounted on the far wall. Provide a dispenser on the near wall below the grab bar, as shown in Figure 30(d). §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).
(3) The mirror in the womens toilet room is mounted so that the bottom edge of the reflecting surface is 43 1/2 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6.
(4) The toilet flush control in the womens designated accessible stall is on the closed, or narrow, side of the toilet stall. Alter the control so that it is on the open, or wide side of the toilet stall, or provide an automatic flush control. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.
(5) The rear grab bar in the womens designated accessible stall is mounted 12 inches from the side wall. Reposition the bar with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).
(6) The toilet paper dispenser in the womens designated accessible stall is mounted on the far wall. Provide a dispenser on the near wall below the side grab bar, as shown in Figure 30(d). §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).
(7) The waste receptacle in the womens designated accessible stall is mounted on the rear wall 28 inches above the floor and interferes with the use of the rear grab bar. Remount the receptacle in a location that does not interfere with the use of the side or rear grab bars and that is accessible to persons who use wheelchairs. §§ 4.1.3(11), 4.22.7, 4.27.
(8) The door coat hook in the womens designated accessible stall is located 65 1/2 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or, if that is not available, 48 inches above the finish floor for a front reach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.In order to ensure that the following spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:
21. New Orleans Police Department Headquartersa. The tops of most of the service counters are more than 36 inches high. For each service counter, provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
b. The designated accessible stall in the womens 2d floor staff toilet room does not comply with the Standards. Install signage at this room directing users to the accessible womens staff toilet rooms on the 3d, 4th, and 5th floors. §§ 4.1.6(1)(b), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.22. Municipal Auditorium
a. There are two parking lots, with approximately 700 spaces, that serve both the Municipal Auditorium and the adjacent Mahalia Jackson Auditorium. Establish 14 designated accessible parking spaces in these lots, of which 2 are van-accessible, with smooth and level surfaces on the shortest accessible routes to the accessible entrances of the auditoriums, and that otherwise comply with the Standards. §§ 4.1.2(5), 4.6., 4.6.2, 4.6.3, 4.6.4 & Fig. 9, 4.3.6, 4.5.1, 4.5.2, 4.5.4.
b. The tops of the service counters at the 6 contiguous outside box offices are 53 inches high. Three of these box offices have a step under the service counter. For each service counter, provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
c The ramp leading to the St. Anns Street side entrance has no outside handrail extension at the top. Install an outside handrail extension at the top of the ramp that complies with the Standards. §§ 4.1.6(1)(b), 4.8.5(2), 4.26, Fig. 17.
d. The tops of the 1st floor service counters located in the vicinity of the main entrance, the corridor near the main entrance, and the vicinity of section 1-C are, respectively, 42 1/4, 42, and 41 1/4 inches high. The remaining service counters were not inspected during the site visit. For each service counter, provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
e. Accessible Seating in Municipal Auditorium(1) The 3 floors of the auditorium contain 5,000 seats without floor seating and 45 spaces for wheelchair seating. Provide at least 6 additional spaces for wheelchair seating that are each at least 60 inches deep and 33 inches wide with adjoining companion seating. §§ 4.1.3(19)(a), 4.33, Fig. 46.
(2) When floor seating is provided, the 3 floors of the auditorium contain 6,000 seats and 48 spaces for wheelchair seating. When floor seating is provided, provide at least 13 additional spaces for wheelchair seating that are each at least 60 inches deep and 33 inches wide with adjoining companion seating. §§ 4.1.3(19)(a), 4.33, Fig. 46.f. 1st Floor of Municipal Auditorium
(1) The ends of the handrails on the ramped concourse leading to the floor area are not rounded or returned smoothly to the wall. Provide handrails on both sides of the ramp that such that the ends are rounded or returned smoothly to the wall. §§ 4.1.3(1), 4.1.6(1)(b), 4.8.5, 4.26, Fig. 17.
(2) The force required to open the women's toilet room door is 23 pounds. Adjust the door closer so that the force required to open the door is not more than 5 pounds or install an automatic door opener. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.11(2)(b).
(3) The womens toilet room has 8 toilet stalls, including 1 designated accessible standard stall. Provide an additional accessible stall 36 inches wide with an outward swinging, self-closing door and parallel grab bars. §§ 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22.4, Fig. 30(d).
(4) The centerline of the toilet in the womens designated accessible toilet stall is 14 inches from the side wall. Reposition the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(a).
(5) The toilet paper dispenser in the womens designated accessible toilet stall is mounted above the side grab bar. Relocate the dispenser below the side grab bar at least 19 inches high to the centerline and no more than 36 inches from the back wall. The paper outlet must be at least 9 inches above the finish floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.17.3, Fig. 30(d).
(6) The mens toilet room near the St. Anns Street side entrance does not have a compliant sign. Install a sign, using the international symbol of accessibility, raised letters and Braille, on the wall adjacent to the latch side of the entrance door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(7) The force required to open the men's toilet room door near the St. Anns Street side entrance is 23 pounds. Adjust the door closer so that the force required to open the door is not more than 5 pounds or install an automatic door opener. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.11(2)(b).
(8) The toilet paper in the designated accessible stall in the men's toilet room near the St. Anns Street side entrance is mounted 48 1/2 inches from the back wall and above the side grab bar. Remount the 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 finish floor. §§ 4.1.6(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).g. 2nd Floor of Municipal Auditorium
(1) The ramped concourses leading from the hallway encircling the building to the seating areas do not have handrails. The installation of handrails that comply with the Standards would narrow the ramps to a width of 35 1/2 inches, in violation of the local fire code. Install a single handrail on three concourse pairs that are located equidistant from each other. Within each pair, mount the handrails on opposite walls. Install signage alerting the public to the location of the handrails, and ensure that they otherwise comply with the requirements of the Standards. §§ 4.1.6(1)(j), 4.1.3(1), 4.8.5, 4.26, Fig. 17.
(2) The force required to open the women's toilet room door near Section B-20 is 35 pounds. Adjust door closers so that the force required to open the door is not more than 5 pounds or install an automatic door opener. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.11(2)(b).
(3) The womens toilet room near Section B-20 has 13 toilet stalls, including 1 designated accessible standard stall. Provide an additional accessible stall 36 inches wide with an outward swinging, self-closing door and parallel grab bars. §§ 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22.4, Fig. 30(d).
(4) The toilet paper dispenser in the designated accessible toilet stall of the womens toilet room near Section B-20 is mounted 46 inches from the back wall and above the side grab bar. Relocate the dispenser below the side grab bar at least 19 inches high to the centerline and no more than 36 inches from the back wall. The paper outlet must be at least 9 inches above the finish floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).
(5) The force required to open the 1st and 2nd men's toilet room doors near Section B-19 are 20 and 15 pounds. Adjust door closers so that the force required to open each door is not more than 5 pounds or install automatic door openers. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.11(2)(b).
(6) The toilet paper dispenser in the designated accessible toilet stall of the mens toilet room near Section B-19 is mounted 45 inches from the back wall and above the side grab bar. Relocate the dispenser below the side grab bar at least 19 inches high to the centerline and no more than 36 inches from the back wall. The paper outlet must be at least 9 inches above the finish floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).
(7) The toilet seat in the designated accessible stall in the mens toilet room near Section B-19 is more than 19 inches above the finish floor to the top of the seat. Alter the toilet so that the height from the finish floor to the top of the seat is between 17 and 19 inches. §§ 4.1.3(11), 4.1.6(1)(b), 4.16, 4.17.3, 4.22.4, Fig. 30(d).
(8) The rim of the lower urinal in the mens toilet room near Section B-19 is 20 1/2 inches above the finish floor. Provide a urinal with an elongated rim not more than 17 inches above the finish floor. §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2.In order to ensure that each of the Citys programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with disabilities, the City will take the following actions:
23. City Halla. The ramp inside the breezeway entrance has edge protection on only 1 side. Provide edge protection on the open side of the ramp. § 4.8.7, Fig. 17.
b. Recent events have changed the level of access to City Hall. Post signs in conspicuous locations directing individuals to the accessible entrance.
§§ 4.1.3(8)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
c. Mens and Womens 1st Floor Toilet Rooms(1) The signs for the womens and mens toilet rooms are mounted on the wrong side of the doors. Provide a sign on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. (If the womens entrance door is reversed as provided below, the existing sign will suffice.) §§ 4.1.3(16)(a), 4.30.1, 4.30.6.
(2) The womens toilet room entrance door has a closer and latch. There are 8 1/2 inches of maneuvering space at the latch side of the door for a forward push approach. Provide an automatic door opener or reverse the door so that the latch side is opposite its current position. §§ 4.13.6, Fig. 25(a).
(3) The toilet paper dispensers in the designated accessible stalls in the womens and mens toilet rooms are 48 inches above the finish floor and mounted above the side grab bar. Relocate each dispenser below the side grab bar at least 19 inches high to the center of the roll and no more than 36 inches from the back wall. The paper outlet must be at least 9 inches above the finish floor. § 4.17.3, Fig. 30(d), Fig 6(b).
(4) Because of the tall flush valves, the rear grab bars in the designated accessible stalls in the womens and mens toilet rooms are mounted 22 1/2 inches and 20 inches, respectively, from the side wall. Remount each rear grab bar so that it begins not more than 6 inches from the side wall or add a grab bar at least 12 inches long on the other side of the flush valve pipe. §§ 4.17.3, Fig. 30(a).
(5) The rim of the urinal in the men's toilet room is 24 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. § 4.18.2.
(6) The drain and hot water pipes under the accessible lavatory in the womens toilet room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatory. § 4.19.4.d. The clear opening widths of the left and right gates in the partition wall between the spectator and staff area in the Council Chambers are 30 1/4 inches and 30 inches wide, respectively. Alter one of the gates to provide at least 32 inches of clear opening width with the gate open 90 degrees. §§ 4.13.3, 4.13.5.
e. Most of the tops of the service counters are more than 36 inches high. For each service counter, provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).24. Civil Courts Building
a. The womens and mens 1st floor public toilet rooms cannot be accessed because their entrances are too narrow and the spaces and elements within the rooms do not comply with the Standards. Provide an accessible unisex toilet room on the 1st floor identified by the International Symbol of Accessibility on an accessible route so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, urinal (mens only if provided), grab bars, lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.1.6(3)(e)(i), 4.1.3(11), 4.22, 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.25, 4.26, 4.27, 4.30.
Install signs at the inaccessible toilet rooms and in conspicuous places throughout the building directing users to the location of the accessible toilet rooms on the 1st and 2nd floors. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
b. The 1st floor holding cell toilet room is 49 inches wide, there are no rear grab bars, the toilet seat is 13 3/4 inches from the finish floor to the top of the seat, and the lavatory is not accessible because there is no clear floor space for a forward approach. Effective the date of this Agreement, the City will ensure that juveniles with mobility impairments who are held in this area will be escorted to the 2d floor public toilet rooms upon request.
c. The womens and mens 2nd floor public toilet rooms serving Courtroom C cannot be accessed because their entrances are too narrow and the spaces and elements within the rooms do not comply with the Standards. Install signs at these inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet rooms on the 1st and 2nd floors. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
d. Womens and Mens 2nd Floor Public Toilet Rooms off the Lobby(1) The toilet paper dispenser in the womens toilet room is mounted 42 1/2 inches from the back wall and above the side grab bar. The toilet paper dispenser in the mens toilet room is mounted on the far wall. Relocate each dispenser below the side grab bar on the near wall at least 19 inches high to the center of the roll and no more than 36 inches from the back wall. The paper outlet must be at least 9 inches above the finish floor. § 4.17.3, Fig. 30(d).
(2) The coat hook on the womens designated accessible toilet stall door is mounted 67 1/2 inches above the finish floor. Provide a coat hook no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. §§ 4.25.3, 4.2.5, 4.2.6.e. The womens and mens toilet rooms in the basement are not accessible. Install signs at these inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet rooms on the 1st and 2nd floors. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
f. There is no directional sign to the ramp at the front entrance. Install a directional sign at the foot of the steps indicating the location of the accessible route. §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5.
g. The Clerk of the Juvenile Court on the 2nd floor has a service counter that is more than 36 inches above the finish floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
h. Each leaf of the double leaf entrance doors to the Section C courtroom on the 2nd floor has a clear opening width of 28 1/2 inches. Widen one leaf of the entrance door to provide a minimum clear opening of at least 32 inches with the door open 90 degrees. § 4.13.4.
i. The entrance doors to the offices of the Registrar of Mortgages, Notarial Archives and Registrar of Conveyances on the basement floor have knob hardware. Post a notice to staff to keep both leaves of the door open during business hours and refresh the notice, as necessary, for the life of the Agreement.
j. Each leaf of the double leaf entrance doors to the office of the Registrar of Mortgages has a clear opening width of less than 32 inches. Post a notice to staff to keep both leaves of the door open during business hours and refresh the notice, as necessary for the life of the Agreement.
k. The Civil Courts ADA Coordinator has contracted for the provision of assistive listening devices, as needed, and also has in-house Communication Access Realtime Translation (CART) ability. Within 60 days, the City will post signs in its public offices indicating the availability of the listening system and CART service. §§ 4.1.3(19)(b), 4.30.
l. The City will modify Section F Courtroom of Juvenile Court on the 1st floor and Courtroom 204 of Civil Court on the 2nd floor to be fully accessible in all of its elements to people with mobility impairments with respect to the entrance, accessible route to and space and elements in specific courtroom areas (spectator seating, jury box, witness stand, lawyers table), and jury deliberation area as well as to people with hearing impairments. §§ 4.1.3(19), 4.2, 4.3, 4.4, 4.5, 4.8, 4.13, 4.30, 4.32, 4.33.
The City will then designate each of these Courtrooms as accessible and develop a procedure for scheduling the Courtrooms so that they are available as needed by court participants or spectators. Until the City has designated these Courtrooms as accessible and developed a procedure for coordinating their use, the procedure described in Paragraph 10, above, (Attachment C) will be followed for court proceedings scheduled in the Civil Courts Building.25. Municipal Traffic Court Building
a. The handrails of the entrance ramp from the plaza are not grippable and the ends of the handrails are not rounded or returned smoothly to the wall. Provide handrails with a grippable surface on both sides of the ramp such that the ends are rounded or returned smoothly to the wall. §§ 4.8.5, 4.26.2, Fig. 39.
b. The traffic courts on the 1st floor have service counters that are more than 36 inches above the finish floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
c. The fine payment sections for each of the traffic courts on the 1st floor have service counters that are more than 36 inches above the finish floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary.
§ 7.2(2).
d. The underside of the stairwell in the basement hallway begins at 45 inches above the finish floor and slopes upward without a barrier beneath it. Install a barrier to warn people with vision impairments of the projection of the stairwell into clear head room. § 4.4.2, Fig. 8(c-1).
e. The snack bar on the basement floor has a service counter that is more than 36 inches above the finish floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
f. There are 2 sets of womens and mens toilet rooms on the basement floor that are essentially the same and are inaccessible. Provide at least one accessible womens toilet room and one accessible mens toilet room (or one unisex toilet room) such that all of the rooms elements, including clear floor space, entry door, water closet, size and arrangement, grab bars, and controls and dispensers, comply with the Standards. Provide directional signs at the inaccessible toilet rooms indicating the location of the newly accessible toilet rooms or room. Identify the accessible toilet rooms or room with the international symbol of accessibility. §§ 4.1.3(11), 4.1.6(3)(e)(iii), 4.13, 4.16, 4.17, 4.19, 4.22, 4.26, 4.27, 4.30.
g. In conjunction with establishing an accessible toilet room(s), the City will modify one courtroom to be fully accessible in all of its elements to people with mobility impairments with respect to the entrance, accessible route to, and space and elements in, specific courtroom areas (spectator seating, jury box, witness stand, lawyers table), and jury deliberation area as well as to people with hearing impairments. §§ 4.1.3(19), 4.2, 4.3, 4.4, 4.5, 4.8, 4.13, 4.30, 4.32, 4.33.
The City will then designate the modified courtroom as accessible and develop a procedure for scheduling the courtroom so that it is available as needed by court participants or spectators. Until the City has designated a courtroom as accessible and developed a procedure for coordinating its use, the procedure described in Paragraph 10, above, (Attachment C) will be followed for court proceedings scheduled in the Municipal Court Building.
h. The only public toilet rooms and the only snack bar are on the basement floor. An elevator in a secured area is the only accessible route from the 1st floor to the basement, and a member of the public may use this route only upon finding a security guard to escort that person through the secured area. Within 120 days of the effective date of this Agreement, the City will adopt a written procedure for making a security guard available at all times to escort persons with mobility impairments to the elevator. The procedures will be posted in conspicuous locations in the Municipal Traffic Court Building, including at the stairway to the basement. § 4.10.1.26. Office of Economic Development on the 12th Floor of the Equitable Center
a. All of the doors to the offices used by the public have knob hardware. Replace the handles with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.
b. The sign for the womens toilet room is mounted on the door to the room. Provide a sign, with raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
c. The womens and mens toilet room entrance doors have a closer and latch. The womens toilet room entrance door has 8 inches of maneuvering space at the latch side for a forward push approach, and the mens toilet room entrance door has 4 inches of maneuvering space at the latch side of the door for a forward push approach. The City will provide a door without a latch at each room. § 4.13.6, Fig. 25(a).
d. The doors of the designated accessible stalls in the womens and mens toilet rooms have twist-type hardware. Replace the handle on each door with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.17.5, 4.13.9.
e. The flush valve handles of the designated accessible toilets in each room are on the narrow side of the toilet. Provide an automatic flushing device or modify the existing toilets so that the user does not have to reach across the toilet to activate the flush. § 4.16.5.
f. The designated accessible stall in the men's toilet room has an angled corner making it smaller than the standardstall. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. §§ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
g. The rim of the lower urinal in the mens toilet room is 24 inches above the finish floor. Provide a urinal with an elongated rim no more than 17 inches above the finish floor. § 4.18.2.
h. The drinking fountain is mounted with a spout height of 39 inches above the finish floor. Provide a drinking fountain or water cooler with a spout no higher than 36 inches above the finish floor or install cups so that they dispense within the required reach ranges. §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.27. City Hall Annex (Amoco Building)
a. The elevator hoistway entrances do not have raised and Braille floor designations on the jambs. At each floor elevator hoistway entrance, provide raised and Braille floor designations on both jambs such that the centerline of the characters is at 60 inches above the finish floor. §§ 4.10.5, 4.30.4.
b. The womens and mens toilet rooms on the 7th floor, where the City has public offices, are not fully accessible. Within 60 days of the effective date of this Agreement, provide directional signs at these rooms indicating the location of the accessible unisex toilet room on the 9th floor. §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
c. The side grab bar in the 9th floor unisex toilet room extends 49 inches from the rear wall. Within 60 days of the date of this Agreement, provide a side grab bar so that the end nearest the rear wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. §§ 4.16.4 & Fig.29.28. Police Stations
a. The Citys police stations, except for the 8th District which also houses the Vieux Carre Commission, see little public use beyond hosting monthly NONPAC community meetings. Individuals may visit briefly to file complaints, but arrestees are processed and detained at other facilities.
Within 90 days of the effective date and for the life of this Agreement, the City will include in all NONPAC meeting announcements the location of an accessible facility to which meetings can be relocated upon request, if the request is made in advance of the next meeting announcement. The notice will include the name and phone number of the contact to whom requests shall be made. The alternate facility will be accessible with respect to parking, route to the facility, entrance, route to the meeting location, meeting room, and toilet room, in accordance with the ADA Standards. Meetings will be held in the alternate location upon request of an individual with a disability that is received before the next meeting announcement.
b. 1st District Police Station(1) Doors throughout the building have knob hardware. Replace the handles on doors used by the public with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.
(2) The top of the service counter on the 2nd floor is more than 36 inches high. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).c. 2nd District Police Station
(1) Neither of the 2 designated accessible parking spaces is designated with a sign. Install a sign at each space, using the international symbol of accessibility, located so that the sign cannot be obscured by a vehicle parked in the space. For at least one of these spaces, install a "van accessible" sign mounted below the international symbol of accessibility. §§ 4.1.2(5), 4.1.2(7)(a), 4.6.4.
(2) The main entrance to the building is not accessible. Install a directional sign at this entrance indicating the location of the accessible route to an accessible entrance. §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5.
(3) The top of the service counter in the entrance hall is more than 36 inches above the floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).d. 3rd District Police Station
(1) There is no designated van accessible parking space in the parking lot. Provide at least one van accessible parking spaces with an access aisle at least 96 inches wide and with a van accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.
e. 4th District Police Station
(1) The sidewalk leading to the front entrance of the building has an abrupt change in level of 2 1/4 inches at the front entrance stoop. Alter the sidewalk so that it contains no change in level greater than 1/2 inch and so that any change in level between 1/2 inch and 1/4 inch is beveled with a slope no greater than 1:2. § 4.5.2.
(2) The top of the lobby service counter is more than 36 inches high. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).f. 5th District Police Station
(1) Neither of the 2 designated accessible parking spaces is designated with a sign. Install a sign at each space, using the international symbol of accessibility, located so that the sign cannot be obscured by a vehicle parked in the space. For at least one of these spaces, install a "van accessible" sign mounted below the international symbol of accessibility. §§ 4.1.2(5), 4.1.2(7)(a), 4.6.4.
(2) The sidewalk leading to the front entrance of the building has abrupt changes in level greater than 1/4 inch. The threshold at the entrance door is greater than 1/2 inch. Alter the sidewalk leading to the front entrance so that there is no change in level greater than 1/2 inch and so that any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Alter the threshold of the entrance door so that the change in level is no greater than 1/2 inch and the threshold is beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2, 4.13.8.g. 6th District Police Station
(1) The flush valve handle in the designated accessible stall in the 2nd floor womens toilet room is positioned toward the side wall. Provide an automatic flushing device or modify the piping to comply with the Standards. §§ 4.22.4, 4.16.5.
(2) The toilet paper dispenser in the designated accessible stall of the mens 2nd floor toilet room is 43 1/2 inches from the back wall. Provide a dispenser that is no more than 36 inches from the back wall. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).
(3) The force required to open the toilet room doors to both the womens and mens 2nd floor toilet rooms is 20 pounds. Adjust the closers so that the force required to open each of the doors is not more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).h. 7th District Police Station
(1) Neither accessible parking space is designated as van accessible. Provide at least one van accessible parking space with a 96 inch wide access aisle and a van accessible sign mounted below the international symbol of accessibility. §§ 4.1.2(5)(b), 4.6.3, 4.6.4.
(2) Curb ramps project into the access aisles. Modify the accessible parking so that the spaces and access aisles have no slope steeper than 1:50. § 4.6.3.i. 8th District Police Station
(1) The main entrance to the building is not accessible. Install a prominent sign inside the window of the main entrance directing the public to the location of the accessible route to the Conti Street entrance. §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
(2) The ends of the handrails on the ramp leading to the Conti Street entrance are not rounded or returned smoothly to the guardrail. Provide handrails on both sides of the ramp such that the ends are rounded or returned smoothly to the guardrail. §§ 4.8.5, 4.26, Fig. 17.
(3) There is a 1 inch step to the landing in front of the Conti Street entrance door and a 1/2 inch threshold at the door itself. Alter the path to the entrance so that there is no change in level greater than 1/2 inch and so that any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Alter the threshold of the entrance door so that the change in level is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2, 4.13.8.
(4) Each leaf of the double leaf entrance doors at Conti Street has a clear opening width of 27 inches, but entry can only be gained by non-police by ringing a bell. Post a notice inside the door to staff that both leaves are to be opened to admit persons who use wheelchairs. § 4.13.4.
(5) The tops of the service counters in the reception area are more than 36 inches above the floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
(6) The womens and mens 1st floor toilet rooms are not accessible. Provide an accessible unisex toilet room identified by the International Symbol of Accessibility on an accessible route so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, urinal (if provided), grab bars, lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.1.6(3)(e)(i), 4.1.2(7)(d), 4.22, 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.25, 4.26, 4.27, 4.30.
Install a sign at the inaccessible toilet room directing users to the location of the accessible toilet room. §§ 4.1.3(16)(b), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5.29. 2nd Baseball Field at the Joe Brown Memorial Park
a. There are no accessible parking spaces serving the ball field. Provide accessible parking spaces, including at least one van accessible space, with access aisles and signs in compliance with the Standards. §§ 4.1.2(5), 4.6, 4.30.7.
b. There are no curb ramps from the parking spaces serving the ball field to the sidewalk. Construct a curb ramp from the parking lot to the sidewalk that complies with the Standards. §§ 4.3.8, 4.5, 4.7.
c. The ball field toilet rooms were not examined for accessibility at the time of the on-site investigation because they were locked. Provide an accessible unisex toilet room identified by the International Symbol of Accessibility on an accessible route so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, urinal (if provided), grab bars, lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.1.6(3)(e)(i), 4.1.2(7)(d), 4.22, 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.25, 4.26, 4.27, 4.30.
Install signs at the inaccessible toilet rooms directing users to the location of the accessible toilet room. §§ 4.1.3(16)(b), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5.30. Gym Building at the Joe Brown Memorial Park
a. There are no accessible parking spaces serving the Gym Building. Provide accessible parking spaces, including at least one van accessible space, with access aisles and signs in compliance with the Standards. §§ 4.1.2(5), 4.6, 4.3, 4.5, 4.30.7.
b. The side entrance to the Gym Building is used as a wheelchair drop-off point, but there is no curb ramp onto the sidewalk at this entrance and the threshold at the entrance is greater than 1/2 inch and is not beveled. Discontinue designating the side entrance as a wheelchair drop-off point and install a prominent sign directing users to the accessible front entrance. § 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
c. The pay telephone is mounted so that the coin slot is 61 inches above the finish floor. Provide a telephone so that its coin slot 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. §§ 4.31.3, 4.2.5, 4.2.6.
d. Mens and Womens Toilet Rooms(1) The mens and womens toilet rooms do not have accessible signs. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The force required to open the womens and mens toilet room doors are 25 pounds and 20 pounds, respectively. Adjust door closers so that the force required to open each door is no more than 5 pounds or provide automatic door openers. § 4.13.11(2)(b).
(3) The lavatories have twist-type faucets. Replace the faucets on the accessible lavatories with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. §§ 4.19.5, 4.27.4.
(4) The hot water and drain pipes under the womens lavatories are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. § 4.19.4.
(5) The womens lavatory mirror is mounted so that the bottom edge of the reflecting surface is 51 inches above the finish floor. Provide a mirror mounted with the bottom of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.
(6) The highest operable part of the womens paper towel dispenser is 61 1/2 inches above the finish floor. Provide a paper towel dispenser so that the highest operable part is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. § 4.27.3, 4.2.5, 4.2.6.
(7) The designated accessible stalls in both toilet rooms have floor mounted toilets and are 56 inches deep. Provide a "standard" accessible stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet). § 4.17.3, Fig. 30.
(8) The rear grab bars in the designated accessible toilet stalls in both rooms are mounted more than 6 inches from the side walls and are on a slant. Provide a rear grab bar in each accessible stall that is mounted parallel to the floor at a height of 33 to 36 inches, that is at least 36 inches long, and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.17.3, Fig. 30.
(9) The toilet paper dispensers in the designated accessible toilet stalls in both rooms are mounted 46 inches from the rear wall. Provide toilet paper dispensers in the accessible stalls that are mounted no more than 36 inches from the rear walls to the center of the roll. § 4.17.3, Fig. 30(d).
(10) In the womens toilet room, the flush valve handle is on the narrow side of the toilet. Provide an automatic flushing device or otherwise modify the flush mechanism to comply with the requirements of the Standards. § 4.16.5.31. Lyons Recreational Center
a. The ramp leading to the Tchoupitoulas Street entrance has no handrail extensions at the bottom. Provide handrails on both sides of the ramp that extend at least 12 inches beyond the top and bottom of the ramp segment. § 4.8.5(2), Fig. 17.
b. The ends of the handrails on both ramps leading to the Louisiana Street entrance are not rounded or returned smoothly to the ground or wall, and both ramps have handrails on only one side. Provide handrails on both sides of both ramps so that the ends are rounded or returned smoothly to the ground or wall. § 4.8.5, Fig. 17.
c. The womens and mens toilet rooms near the gym are not accessible. Install directional signs at these toilet rooms indicating the location of the accessible womens and mens toilet rooms (when corrected as provided below) near the lobby. §§ 4.1.3(16), 4.30.
d. The force required to open the womens and men's toilet room doors near the lobby are 18 pounds and 15 pounds, respectively. Adjust door closers so that the force required to open each door is not more than 5 pounds or install automatic door openers. § 4.13.11(2)(b).
e. The coat hook on the door of the designated accessible stall in the womens toilet room near the lobby is mounted 64 1/2 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. §§ 4.25.3, 4.2.5, 4.2.6.
f. The designated accessible stall in the mens and womens toilet rooms have a lavatory within the stall. This lavatory encroaches upon the required clear floor space at the toilet. Provide the full width clear floor space at the toilet to allow for a side transfer. § 4.17.3, Fig 30(a).
g. The flush valve handle of the toilet in the womens toilet room is on the narrow side of the toilet. Provide an automatic flushing device or modify the piping to comply with the requirements of the Standards. § 4.16.5.32. Mahalia Jackson Auditorium
a. There are two parking lots, with approximately 700 spaces, that serve both the Mahalia Jackson Auditorium and the adjacent Municipal Auditorium. Establish 14 designated accessible parking spaces in these lots, of which 2 are van-accessible, with smooth and level surfaces on the shortest accessible routes to the accessible entrances of the auditoriums, and that otherwise comply with the Standards. §§ 4.1.2(5), 4.6., 4.6.2, 4.6.3, 4.6.4 & Fig. 9, 4.3.6, 4.5.1, 4.5.2, 4.5.4.
b. There are 2 stairwell overhangs in the lobby, 1 on the entrance side and 1 on the auditorium side of the stairwell. Each overhang begins at 54 inches above the finish floor without a barrier beneath it. Install barriers at each overhang to warn people with vision impairments of the projection of each of the overhangs into required head room. § 4.4.2, Fig. 8(c-1).
c. Public Telephones(1) The interior public telephones do not have volume controls and are mounted so that the coin release controls are 66 inches above the finish floor. Provide at least 1 accessible telephone and 25% of other telephones with volume controls and signs that comply with the Standards, and mount the accessible telephone so that its highest operable part 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(17), 4.31, 4.30.7(2), 4.2.5, 4.2.6.
(2) None of the interior public telephones have shelves or electrical outlets nearby. Provide a shelf and an electrical outlet within at least 1 telephone enclosure such that the shelf is capable of accommodating a text telephone and has at least 6 inches of vertical clearance. § 4.31.9(2).d. The tops of the service counters in the lobby are more than 36 inches above the finish floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
e. Mens Toilet Room on 1st Floor(1) The force required to open the 2nd toilet room entrance door is 12 pounds. Adjust the door closer so that the force required to open the door is not more than 5 pounds or install an automatic door opener. § 4.13.11(2)(b).
(2) The rim of the urinal is 24 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. § 4.18.2.
(3) The centerline of the toilet in the designated accessible toilet stall is 15 1/2 inches from the side wall. Reposition the toilet so that the centerline is exactly 18 inches from the side wall. § 4.17.3, Fig. 30(a).
(4) The side grab bar in the designated accessible stall is 31 inches long and is mounted 37 inches above the finish floor. Install a side grab bar at least 40 inches long that is mounted between 33 inches and 36 inches above the finish floor. § 4.17.3, Fig 30(d).
(5) There is no rear grab bar in the designated accessible stall. Install a rear grab bar in the designated accessible stall that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.17.3, Fig. 30(d).f. Womens Toilet Room on 1st Floor
(1) The force required to open the 1st and 2nd toilet room entrance doors is18 and 15 pounds, respectively. The 1st door does not open to 90 degrees. Ensure that both doors open to 90 degrees. Additionally, adjust door closers so that the force required to open each door is not more than 5 pounds or install automatic door openers. §§ 4.13.11(2)(b), 4.13.5.
(2) The side grab bar in the designated accessible toilet stall is 36 inches long. Install a side grab bar at least 40 inches long that is mounted between 33 inches and 36 inches above the finish floor. § 4.17.3, Fig 30(d).
(3) There is no rear grab bar in the designated accessible toilet stall. Install a rear grab bar in the designated accessible stall that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.17.3, Fig. 30(d).
(4) The toilet paper dispenser in the designated accessible toilet stall is mounted above the side grab bar. Relocate the dispenser below the side grab bar at least 19 inches high to the center of the roll and no more than 36 inches from the back wall. The paper outlet must be at least 9 inches above the finish floor. § 4.17.3, Fig. 30(d).g. The auditorium lacks aisle seats without armrests, or removable folding armrests, on the aisle side. Establish 3 seats without armrests, or removable folding armrests, on the aisle side; identify each seat with a sign or marker; and post a notice of the availability of such seats at the ticket window. §§ 4.1.3(19)(a).
h. The route leading to the stage and dressing rooms contains a step. The City will cut a new door to the back stage area and install a ramp complying with the Standards so that these areas are on an accessible route. §§ 4.33.5, 4.3.8, 4.8, 4.11.
i. None of the dressing rooms is accessible. The following alterations shall all be made to at least one dressing room so that at least one dressing room is fully accessible.(1) The door to the toilet rooms in the dressing rooms have a clear opening width of 21 inches. Alter the door to provide at least 32 inches of clear width with the door open 90 degrees. § 4.13.
(2) The toilet rooms in the dressing rooms are 31 1/2 inches wide and 58 inches deep. Provide a clear floor space in compliance with Fig. 28. § 4.16.2.
(3) The shower stalls have a 6 inch curb. Alter the stall so that the curb is no higher than 1/2 inch and the shower stall is in full compliance with regard to size, seat, controls, grab bars, spray unit, and clear floor space. § 4.21.
(4) The lavatories provide a clearance of 27 1/2 inches above the finish floor. Provide a lavatory with accessible controls, protected pipes, and a clearance of at least 29 inches above the finish floor to the bottom of the apron. § 4.19.2, Fig. 31.
(5) The bars for hanging clothes are mounted 67 inches above the finish floor. Provide a bar that is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. §§ 4.25.3, 4.2.5, 4.2.6.33. Gallier Hall
a. The door to the stars dressing room has a clear opening width of 29 1/2 inches. Alter the door to provide at least 32 inches of clear width with the door open 90 degrees. § 4.13.5.
b. The mens dressing room entrance door has knob hardware. Replace the handles with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. If the womens dressing room entrance door has knob hardware, replace the handles with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.
c. The entrance doors to the womens and mens dressing rooms have a clear opening width of 27 1/2 inches. Alter each door to provide at least 32 inches of clear width with the door open 90 degrees. § 4.13.5.
d. There are structural walls beyond each entrance door to the womens and mens dressing rooms that narrow the route to the interior of each room to a clear width of 25 1/2 inches and 24 1/2 inches, respectively. Alter the entrance to each room so that there is an accessible route into each room with a minimum clear width of 32 inches at any point and 36 inches continuously, and a minimum clear width to make a turn around an obstruction as shown in Figure 7. §§ 4.2.1, 4.3.3, Fig. 7.
e. The womens and mens cast toilet rooms are not accessible. Install directional signs at these toilet rooms indicating the location of the accessible womens and mens public toilet rooms on the 1st floor (when corrected as provided below). §§ 4.1.3(16), 4.30.1, 4.30.2, 4.30.3, 4.30.5. Ensure that the public toilet rooms are unlocked during cast rehearsals that include an individual who requires an accessible toilet room.
f. Each leaf of the central, double leaf lobby door leading to the auditorium has a clear opening width of less than 32 inches. The side entry door, leading to the accessible seating area, has 36 inch wide leaves. Install signage in a conspicuous location directing patrons to the accessible entrance to the auditorium. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
g. The top of the concession stand counter in the lobby is more than 36 inches above the finish floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
h. Womens and Mens 1st Floor Toilet Rooms(1) The womens and mens toilet rooms do not have accessible signs. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Each leaf of the double leaf lobby door leading to the womens and mens public toilet rooms has a clear opening width of less than 32 inches. Post a sign to staff at the door that both leaves are to remain open during public events and during rehearsals upon request of a cast member who requires an accessible toilet room.
(3) The designated accessible stall in the women's toilet room is 56 inches wide and 90 inches deep with a floor mounted toilet. The stall in the 1st floor men's toilet room is 54 inches wide and 59 inches deep with a floor mounted toilet. Reposition the stall partitions in each room to provide a "standard" accessible stall that is at least 60 inches wide and at least 59 inches deep. § 4.17.3, Fig. 30(a).
(4) The accessible lavatories in the mens and womens have twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4. Added - my notes indicate I saw this when I visited.
(5) The coat hook on the designated accessible stall door in the womens toilet room is mounted 67 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. §§ 4.25.3, 4.2.5, 4.2.6.i. The control panel in the elevator does not have Braille indicators. Designate all of the control buttons with Braille and raised characters and standard symbols as shown in Figure 23(a). § 4.10.12(2).
j. The 2nd floor womens toilet room located in the womens dressing room does not have an accessible stall. Install directional signs at this toilet room indicating the location of the accessible public womens toilet room on the 1st floor (when corrected as provided above). §§ 4.1.3(16), 4.30.1, 4.30.2, 4.30.3, 4.30.5. Ensure that the public toilet rooms are unlocked during cast rehearsals that include an individual who requires an accessible toilet room.
k. The 2nd floor mens toilet room is not accessible. Install directional signs at this toilet room indicating the location of the accessible public mens toilet room on the 1st floor (when corrected as provided above). §§ 4.1.3(16), 4.30.1, 4.30.2, 4.30.3, 4.30.5.34. New Orleans Museum of Art
a. The ramp leading to the accessible side entrance does not have handrail extensions on either side of the ramp at the bottom or the top. Extensions at the top would protrude into the path of travel, however. Provide handrails on both sides of the ramp that extend at least 12 inches beyond the bottom of the ramp segment. § 4.8.5(2), Fig. 17.
b. The ramp to the accessible side entrance contains a middle landing that is 48 inches long. Alter the landing so that it has a clear length of at least 60 inches. § 4.8.4(2).
c. The top of the service counter in the Courtyard Café is more than 36 inches above the finish floor. Continue to train staff in the written service policy that instructs them to advise patrons who use wheelchairs to proceed to a table, where their order will be taken, in lieu of placing their order at the service counter. § 7.2(2).
d. Womens and Mens Main Floor Toilet Rooms(1) The designated accessible stall doors in the womens and mens toilet rooms have twist-type hardware. Replace the handle on each door with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.17.5, 4.13.9.
(2) The toilet paper dispenser in the womens designated accessible stall is 42 inches from the back wall. Provide a dispenser that is no more than 36 inches from the back wall. § 4.17.3, Fig. 30(d).
(3) The flush valve handle in the womens designated accessible stall is on the narrow side of the toilet. Provide an automatic flushing device or modify the piping to comply with the requirements of the Standards. § 4.16.5.35. Robert E. Smith Library
a. Womens and Mens 1st Floor Toilet Rooms
(1) The force required to open the womens and men's toilet room doors is15 pounds. Adjust door closers so that the force required to open each door is not more than 5 pounds or install a power-assisted door opener. § 4.13.11(2)(b).
(2) The coat hook on the womens designated accessible stall door is mounted 65 inches above the finish floor. The coat hook on the mens designated accessible stall door is mounted 65 1/4 inches above the finish floor. Provide a coat hook on each accessible stall door that is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. §§ 4.25.3, 4.2.5, 4.2.6.
(3) The rim of the urinal in the mens toilet room is 22 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. § 4.18.2.
(4) The rear grab bar in the mens designated accessible stall is 33 1/4 inches long. Provide a rear grab bar that is at least 36 inches long and that is mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.17.6, Fig.30(a).
(5) The flush valve handle in the mens designated accessible stall is on the narrow side of the toilet. Provide an automatic flushing device or modify the piping to comply with the requirements of the Standards. § 4.16.5.b. The 2nd floor womens and men's toilet rooms are not accessible. Provide directional signs at these toilet rooms indicating the location of the accessible 1st floor toilet rooms. §§ 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
36. Main Library
a. The ramp leading to the accessible entrance, at its juncture with the sidewalk, has deteriorated and is not stable, firm and slip resistant. Repair the ramp so that its surface is stable, firm, and slip resistant. §§ 4.5.1, 4.8.6.
b. The top of the 1st floor circulation desk service counter is more than 36 inches above the floor. Provide equivalent facilitation (e.g., by offering those services at an alternate location convenient to individuals with disabilities), train staff to assist those individuals, and provide directional signage to the alternate service area, as necessary. § 7.2(2).
c. Womens and Mens 1st Floor Toilet Rooms(1) The rear grab bars in the designated accessible stalls in the womens and mens toilet rooms are mounted 43 inches above the finish floor. Relocate each rear grab bar so that it is between 33 inches and 36 inches above the finish floor. § 4.17.3, Fig. 30(d).
(2) The toilet seats in the designated accessible stalls in the womens and mens toilet rooms are 13 inches above the finish floor to the top of the seat. Install a riser on the toilet seat in each designated accessible stall so that the height from the finish floor to the top of the seat is between 17 and 19 inches. § 4.17.3, Fig 30(d).
(3) The flush valve handle in the womens designated accessible stall is on the narrow side of the toilet. Provide an automatic flushing device or modify the piping to comply with the requirements of the Standards. § 4.16.5.
(4) The lavatories in the womens and mens toilet rooms have twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. §§ 4.19.5, 4.27.4.
(5) The hot water and drain pipes under the lavatories in the womens and mens toilet rooms are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. § 4.19.4.
(6) The rim of the urinal in the mens toilet room is 26 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. § 4.18.2.
(7) The mirror in the mens toilet room is mounted so that the bottom edge of the reflecting surface is 49 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.
(8) The force required to open the men's toilet room door is10 pounds. Adjust door closers so that the force required to open the door is not more than 5 pounds. § 4.13.11(2)(b).
(9) The wall sign at the door to the mens toilet room is too high. Provide a sign on the wall with the tactile text at 60 inches above the finish floor. § 4.30.6.d. The inside width of the public elevator car is 43 inches. There is an employee elevator car that is 81 inches wide and 54 inches deep. Install a prominent sign at the public elevator directing patrons who use wheelchairs to an assistance desk, and train those who staff that desk to escort such patrons to the employee elevator if requested. §§ 4.10.9 & Fig. 22.
e. The elevator hoistway entrances do not have raised and Braille floor designations on the jambs. At each floor elevator hoistway entrance, provide raised and Braille floor designations on both jambs such that the centerline of the characters is at 60 inches above the finish floor. §§ 4.10.5, 4.30.4.
f. The 3rd floor womens and men's toilet rooms are not accessible. Install directional signs at these toilet rooms indicating the location of the accessible 1st floor toilet rooms. §§ 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
g. Install identifying signs at the 3rd floor toilet rooms, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.37. Gym Building and Swimming Pool at the Behrman Complex
a. The sign designating the accessible street parking space is mounted too low. Provide a sign that is mounted so that it cannot be obscured by a vehicle parked in the space. § 4.6.4.
b. Neither of the 2 designated accessible parking spaces in the parking lot is van accessible, and neither is identified with a sign. Provide at least 1 van accessible parking space with an access aisle at least 96 inches wide. Install a sign at each space, using the international symbol of accessibility, located so that the sign cannot be obscured by a vehicle parked in the space. At the van accessible parking space, provide an additional "van accessible" sign mounted below the international symbol of accessibility. §§ 4.1.2(5), 4.1.2(7)(a), 4.6.4.
c. The main entrance to the building is not accessible because there are steps from the sidewalk leading to this entrance and there is no ramp. Install a directional sign at this entrance indicating the location of the accessible side entrance to the building. §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5.
d. The accessible side entrance door is locked and there is no bell, buzzer, or intercom at this entrance. Provide a service bell or buzzer in a prominent location with sufficient clear floor space and within accessible reach ranges so that individuals with disabilities may request access to the gym building. The bell or buzzer will be easy to operate for people with limited manual dexterity, and the City will insure that an employee will respond quickly to the bell or buzzer and open the side entrance door as needed. The City will also provide informational signs with raised characters and Braille properly placed adjacent to the bell or buzzer. §§ 4.2.4, 4.2.5, 4.2.6, 4.27.
e. The ramp leading to the accessible side entrance does not have edge protection. Provide edge protection on both sides of the ramp. § 4.8.7, Fig. 17.
f. The main womens and mens toilet rooms that serve the gym are not accessible. Install signage at these toilet rooms and on the pool deck directing users to the location of the accessible toilet rooms in the hallway behind the gym.
§§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
g. Accessible Mens and Womens Toilet Rooms (applies to both unless otherwise indicated)(1) The toilet room identification sign is mounted on the door. Provide a sign, with raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The length of the rear grab bar is 24 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.16.4 & Fig.29(a).
(3) The side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. § 4.16.4 & Fig. 29(b).
(4) The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. § 4.19.4.
(5) The lavatory has push-type faucets that require force greater than 5 pounds to activate. Replace them with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate. §§ 4.19.5, 4.27.4.
(6) The paper towel dispenser is 57" from the finish floor. Provide a towel dispenser that is no more than 54" above the finish floor for a side reach or, if that is not available, no higher than 48" for a forward reach.
§§ 4.27.3, 4.2.5, 4.2.6.h. The exterior route to the swimming pool is inaccessible. The swimming pool can also be accessed by a route through the building and the buildings rear door off the exercise room. Conversely, pool users enter through this rear door to reach the accessible toilet rooms. The interior threshold at this rear door is over 1/2 inch and not beveled. Each door leaf has a clear opening width of less than 32 inches.
Alter the threshold at this door so that the change in level is no greater than 1/4 inch, or no greater than 1/2 inch and is beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2, 4.13.8, 4.22.1. Alter the doors so that one active leaf has a minimum clear opening width of 32 inches. §§ 4.13.4, 4.13.5.
i. The interior route between the gym and the accessible toilet rooms passes though a door that has a hole 1 inch deep, 2 inches wide, and 33 inches long at its threshold. Alter the threshold so that it is level or has a change in level upwards of no greater than 1/4 inch, or no greater than 1/2 inch and is beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2, 4.13.8, 4.22.1.
j. The interior route from the accessible toilet rooms to the gym passes through a door that lacks the 60-inch deep maneuvering clearance on the pull side. Remove the door permanently. 4.22.1, 4.13.6 & Fig. 25.38. Algiers Regional Library
a. The parking lot has 28 spaces, only 1 of which is designated as an accessible parking space. The designated accessible parking space does not have an access aisle and is not located on the shortest accessible route to the buildings accessible entrance. Alter the parking lot to provide at least 2 accessible parking spaces at least 96 inches wide with access aisles at least 60 inches wide and signs complying with the Standards. Provide at least one van-accessible space (which may be one of the 2 required above) with a 96 inch wide access aisle and an additional van accessible sign mounted below the symbol of accessibility. (Two spaces may share the same access aisle.) §§ 4.1.2(5), 4.1.2(7)(a), 4.6, 4.30.7, Fig. 9.
b. The ramp leading to the buildings accessible entrance does not have handrails. Provide handrails on both sides of the ramp that comply with the Standards, with the exception of the 12 inch extension on the top of the outside rail which would protrude into the path of travel. §§ 4.8.5, 4.26, Fig. 17.
c. Womens and Mens Toilet Rooms(1) The womens and mens toilet rooms have signs mounted on the entrance doors. Provide a sign, with raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The mens designated accessible stall is 55 inches deep. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet). § 4.17, Fig. 30(a).
(3) The mirror in the mens toilet room is mounted so that the bottom edge of the reflecting surface is 54 inches above the finish floor. Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.
(4) The lavatory in the mens toilet room is mounted with the rim 35 1/2 inches above the finish floor. Provide a lavatory with the rim no higher than 34 inches above the finish floor. § 4.19.2, Fig. 31.
(5) The interior of the mens toilet room entrance door has maneuvering space of 2 1/4 inches on one side and 10 inches on the other side. Provide an automatic door opener for the entrance door. § 4.13.6, Fig. 25(a).
(6) The coat hook on the womens designated accessible stall door is mounted 62 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. §§ 4.25.3, 4.2.5, 4.2.6.
(7) The flush valve handle in the womens toilet room is on the narrow side of the toilet. Provide an automatic flushing device or modify the piping to comply with the requirements of the Standards. § 4.16.5.d. The auditorium has a stage that is raised 9 inches above the auditorium floor with no means of access to persons using wheelchairs. Provide a ramp or a lift onto the stage or establish a procedure for providing access to the stage for people with mobility impairments. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. §§ 4.33.5, 4.3.8, 4.8, 4.11.
39. Criminal District Court Building
a. The main entrance and one of the South Broad Street entrances to the building are not accessible because there are steps from the sidewalk leading to these 2 entrances. Install prominent signs at these 2 entrances and in conspicuous locations around this large building directing the public to the location of the accessible South Broad Street entrance. §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
b. The City has reserved a few parking spaces in the jury parking lot for the use of people with disabilities, but they lack access aisles and signage. Establish three designated accessible parking spaces, including at least one van-accessible space, that are in compliance with the Standards and are located on the shortest accessible route to the accessible entrance of the building. §§ 4.1.2(5), 4.6.
c. The accessible South Broad Street entrance has been made inaccessible by the placement of a metal detector inside the entrance door that has a clear opening width of 29 inches and by the placement of a table in the small vestibule that impinges upon the required 36 inch wide accessible route to the interior door. Provide a metal detector that has a minimum clear width of 32 inches, and a route from the exterior to the interior door that is otherwise 36 inches wide. §§ 4.3.3, 4.3.9, 4.13.3, 4.13.5.
d. Telephones(1) There are 4 or more public pay telephones (including both interior and exterior phones) on the Criminal District Court Building site, but no TTY. Provide at least 1 interior public TTY permanently affixed within a pay telephone, or a shelf and electrical outlet at a pay telephone designed to accommodate a portable TTY, or make a portable TTY available at a public office for use by individuals who have hearing or speech impairments, with signage at the public telephones directing such individuals to the location of the TTY, in compliance with the Standards. §§ 4.1.3(17), 4.31.9, 4.30.7(c).
e. None of the courtrooms is fully accessible. The City will modify the Courtroom in Room 131 on the Main Floor to be fully accessible in all of its elements to people with mobility impairments with respect to the entrance, accessible route to, and space and elements in, specific courtroom areas (spectator seating, jury box, witness stand, lawyers table), and jury deliberation area as well as to people with hearing impairments. §§ 4.1.3(19), 4.2, 4.3, 4.4, 4.5, 4.8, 4.13, 4.30, 4.32, 4.33.
The City will then designate the Courtroom in Room 131 as accessible and develop a procedure for scheduling the Courtrooms so that they are available as needed by court participants or spectators. Until the City has designated this Courtroom as accessible and developed a procedure for coordinating its use, the procedure described in Paragraph 10, above, (Attachment C) will be followed for court proceedings scheduled in the Criminal District Court Building.
f. Main Level(1) The holding cell area is not accessible. The City will continue to secure arrestees with mobility impairments who are awaiting hearing through continuous sheriff or police escort, rather than confinement in a holding cell.
(2) The womens and mens toilet rooms serving the alternate Section J jury room are not accessible. Within 120 days of the effective this Agreement, the City will develop and implement a procedure that will allow a juror with a mobility impairment to use an accessible public toilet room on the Main Floor, which will be made accessible as provided below, upon request.
(3) The womens and mens public toilet rooms are not accessible. Modify the rooms so that they comply with the Standards, or provide an accessible unisex toilet room on the Main Floor identified by the International Symbol of Accessibility on an accessible route so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, urinal (mens only if provided), grab bars, lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.1.6(3)(e)(i), 4.1.3(11), 4.22, 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.17 & Fig. 30(a), 4.19 and Figs. 31 & 32, 4.25, 4.26, 4.27, 4.30.
Install signs at all inaccessible toilet rooms in the building and in conspicuous places throughout it, directing users to the location of the accessible toilet room(s) on the Main Floor. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.g. 3rd Level
(1) An elevator that can only be reached through the Judicial Administrators Office is part of the only accessible route to the 3rd floor. Install directional signs at the main building elevator and in other prominent locations in the building indicating the location of the accessible route to the 3rd floor. §§ 4.3, 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
IMPLEMENTATION AND ENFORCEMENT
40.
a. Where notice, documents, or other items are required to be given to any or all of the parties to this Agreement, they shall be transmitted in the manner and to the persons and addresses set forth in Attachment E.
b. The City will submit a report on the revision of its self-evaluation and transition plan within 180 days of the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, outlining the steps the City has taken toward completion of the revisions to its plan and modifications to facilities made pursuant to it.41. Except as otherwise specified in this Agreement, at 180 and 210 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations. The City will continue to submit the reports for the life of this Agreement or until all modifications set forth herein have been completed.
42. 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.
43. 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.
44. 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.
45. 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 for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement or may declare the Agreement null and void and file suit to enforce title II of the ADA.
46. 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.
47. The effective date of this Agreement is the date of the last signature below.
48. 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.
49. This Agreement will remain in effect for 5 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.
50. The person signing for the City of New Orleans represents that he is authorized to bind the City to this Agreement
For the City:
____________________________
MARC H. MORIAL, Mayor
City of New Orleans
1300 Perdido Street
New Orleans, Louisiana 70112
Date: December 26, 2001
For the United StatesRALPH F. BOYD, JR.
Assistant Attorney General
Civil Rights DivisionBy: ________________________
JOHN WODATCH, Cheif
SUSAN BUCKINGHAM REILLY, Deputy Cheif
NAIMI MILTON, Supervisory AttorneyDisability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738Date: January 30, 2002
ATTACHMENT A
NOTICE
UNDER THE
AMERICANS WITH
DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, City of New Orleans (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 Citys business. The City will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, 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 the office of the ADA Coordinator, or the Executive Director of the Human Relations Commission, at 504-565-7916 (voice), 504-565-8259 (TTY) as far in advance as possible but no later than 48 hours before the scheduled event.
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.
December 2001
ATTACHMENT B
City of New Orleans
Grievance Procedure under
The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the City of New Orleans.
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, or
Executive Director
Human Relations Commission
504-565-7916 (voice), 504-565-8259 (TTY)
1300 Perdido Street, Suite 8E07
New Orleans, Louisiana 70112Within 15 calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator 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 City of New Orleans and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator 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 mayor or his or her designee.
Within 15 calendar days after receipt of the appeal, the Mayor or his or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the Mayor or his or 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, appeals to the Mayor or his or her designee, and responses from the ADA coordinator and Mayor or his or her designee will be kept by City of New Orleans for at least three years.December 2001
ATTACHMENT C
THE AMERICANS WITH
DISABILITIES ACT
POLICY ON ACCESSIBILITY OF
PROCEEDINGS HELD IN THE CITY OF
NEW ORLEANS COURT BUILDINGS
The City of New Orleans, Louisiana, has adopted the following procedures so that services, programs, or activities that would otherwise be provided in an inaccessible location in the City court buildings are readily accessible to and usable by individuals with mobility disabilities. (Accessible locations and inaccessible locations include locations with accessible toilet rooms and locations without accessible toilet rooms, respectively.)
PROCEEDINGS TO BE RELOCATED UPON 48 HOURS NOTICE
If an individual with a mobility impairment chooses or is required to attend a proceeding (i.e., party, juror, attorney, witness, spectator) that is held in an inaccessible location in a City court building, the proceeding will be relocated to an accessible location after a request to relocate the court proceeding is made to the Judicial Administrator at least forty-eight (48) hours prior to the scheduled commencement of the proceeding. If a party to a proceeding is represented by counsel and either has a need to request relocation of the proceeding, or requires the presence of a person at the proceeding who requests relocation, then the proceeding shall be relocated upon such request.
ACCESS TO PROCEEDINGS WITH LESS THAN 48 HOURS NOTICE
If a participant (e.g., party, juror, attorney, witness) with a mobility impairment is required to attend a proceeding that is held in an inaccessible location in a City court building, and forty-eight (48) hours notice has not been provided to the Judicial Administrator when requesting relocation of a court proceeding to an accessible location, the Judicial Administrator will make reasonable efforts to relocate and, if unsuccessful, the proceeding will be postponed until such proceeding can be relocated to an accessible location.
DUTIES OF THE JUDICIAL ADMINISTRATOR:
Once a request to relocate a proceeding to an accessible location is received, the Administrator will:
(1) contact the judge who will preside over the proceeding to inform him or her of the request to relocate the proceeding to an accessible courtroom;
(2) contact the judge who was scheduled to preside over proceedings scheduled at the same time in the accessible courtroom so that he or she is informed of the relocation of both proceedings;
(3) contact parties, jurors, and attorneys who must be present at the proceedings to inform them of the new location; and,
(4) post written notice of the new location of the proceedings in conspicuous locations of the court building where court dockets or schedules are routinely posted, especially outside the door of each courtroom.
December 2001
ATTACHMENT D
Time Frames for Citys Completion
of Physical Modifications to Facilities
Specified Under Part C of Settlement Agreement
I. Within six months of the effective date of this Agreement, the designation, striping, and signage of accessible parking spaces at locations cited in the settlement agreement will be accomplished, except as otherwise provided in section II, below.
II. Within 12 months of the effective date if this Agreement, door closers will be adjusted and door thresholds adjusted, modified, or replaced as needed. Building ADA signage will be ordered and produced. Installation of appropriate signage will begin; however, where the signage will be misleading due to the need to complete other physical improvements the installation of the signage will be timed to coincide with the completion of the other building improvements.
Additionally, the following modifications will be completed ( paragraph numbers reference those in the text of the settlement agreement):¶28.c. 2nd District Police Station - accessible parking & signage
¶28.d. 3rd District Police Station - accessible parking & signage
¶28.h. 7th District Police Station - accessible parking, curb ramp modification & signageIII. Within two years of the effective date of this Agreement, the City will complete the following modifications:
¶17. Swimming Facility - Joe Brown Park
¶21. New Orleans Police Headquarters
¶23. City Hall
¶26. 12th Floor Equitable Center
¶27. City Hall Annex (Amoco Bldg.)
¶28.b. 1st District Police Station
¶28.e. 4th District Police Station
¶28.f. 5th District Police StationIV. Within two and one half years of the effective date of this Agreement, the City will complete the following modifications:
¶18. Broadmoor Library
¶20. Whitney Young Pool
¶24. Civil District Court
¶28.g. 6th District Police Station
¶28.i. 8th District Police Station
¶30. Gym Bldg. - Joe Brown Park
¶34. N. O. Museum of Art
¶35. Robert E. Smith Library
¶36. Main Library
¶37. Behrman Gym and PoolV. Within three years of the effective date of this Agreement, the City will complete the following modifications:
¶22. Municipal Auditorium
¶25. Municipal Traffic Court
¶29. 2nd Baseball Field at Joe Brown Park
¶31. Lyons Center
¶32. Mahalia Jackson Auditorium (Theater)
¶33. Gallier Hall
¶38. Algiers Regional Library
¶39. Criminal District
ATTACHMENT ENotice Provisions
Pursuant to Paragraph 40
of Settlement AgreementIn any instance where notice, documents, or other items are required to be given to any or all of the parties to this Agreement, they shall be transmitted by certified or registered mail, return receipt requested, to the following individuals in their capacity as representatives of the parties:
FOR THE CITY OF NEW ORLEANS, LOUISIANA:1. Executive Director of the Human Relations Commission
300 Perdido Street, Room 8E07
New Orleans, Louisiana 70112
2. ADA Coordinator, Human Relations Commission
1300 Perdido Street, Room 8E07
New Orleans, Louisiana 70112
3. City Attorney, City of New Orleans
1300 Perdido Street, Room 5E03
New Orleans, Louisiana 70112, and
4. Chief Administrative Officer, City of New Orleans
1300 Perdido Street, Room 9E06
New Orleans, Louisiana 70112FOR THE UNITED STATES:
1. U. S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
John L. Wodatch, Chief
Disability Rights Section
NYA Room 4039
Washington, DC 20530
2. U. S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Susan B. Reilly, Deputy Chief
Disability Rights Section
NYA Room 4039
Washington, DC 20530
Return to Project Civic Access
March 4, 2002