SETTLEMENT
AGREEMENT BETWEEN
THE UNITED STATES
OF AMERICA
AND
THE CITY
OF
NEWPORT, RHODE
ISLAND
UNDER THE
AMERICANS WITH DISABILITIES ACT
DJ 204-66-49
Press Release | Fact Sheet
BACKGROUND
SCOPE OF THE
INVESTIGATION
The United States Department of Justice (Department)
initiated this matter as a compliance review of the City of Newport, Rhode
Island (the City) under title II of the Americans with Disabilities Act of 1990
(ADA), 42 U.S.C. §§ 12131-12134, and the Department´s implementing regulation,
28 C.F.R. Part 35. Because the City receives financial assistance from the
Department of Justice, the review was also conducted under the authority of
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the
Department´s implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights
Section of the Department´s Civil Rights Division and focused on the City´s
compliance with the following title II requirements:
- to conduct a
self-evaluation of its services, policies, and practices by July 26, 1992, and
make modifications necessary to comply with the Department´s title II
regulation, 28 C.F.R. § 35.105;
- to notify
applicants, participants, beneficiaries, and other interested persons of their
rights and the City´s obligations under title II and the Department´s
regulation, 28 C.F.R. § 35.106;
- to designate a
responsible employee to coordinate its efforts to comply with and carry out the
City´s ADA responsibilities, 28 C.F.R. § 35.107(a);
- to establish a
grievance procedure for resolving complaints of violations of title II, 28
C.F.R. § 35.107(b);
- to operate
each program, service, or activity so that, when viewed in its entirety, it is
readily accessible to and usable by individuals with disabilities, 28 C.F.R. §§
35.149 - 35.150, by:
- delivery
of services, programs, or activities in alternate ways, including, for example,
redesign of equipment, reassignment of services, assignment of aides, home
visits, or other methods of compliance or, if these methods are not effective
in making the programs accessible,
- physical
changes to buildings (required to have been made by January 26, 1995), in
accordance with the Department´s title II regulation, 28 C.F.R. §§ 35.150 and
35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt.
36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. §
101-19.6, App. A.
- to ensure that
facilities for which construction or alteration was begun after January 26,
1992, are readily accessible to and usable by people with disabilities, in
accordance with 1) the Department´s title II regulation and 2) the Standards or
UFAS, 28 C.F.R. § 35.151;
- to ensure that
communications with applicants, participants, and members of the public with
disabilities are as effective as communications with others, including
furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
- to provide
direct access via TTY (text telephone) or computer-to-telephone emergency
services, including 9-1-1 services, for persons who use TTY´s and computer
modems, 28 C.F.R. § 35.162;
- to provide
information for interested persons with disabilities concerning the existence
and location of the City´s accessible services, activities, and facilities, 28
C.F.R. § 35.163(a); and
- to provide
signage at all inaccessible entrances to each of its facilities, directing
users to an accessible entrance or to information about accessible facilities,
28 C.F.R. § 35.163(b).
As part of its compliance review, the Department
reviewed the following facilities, which – because construction or
alterations commenced after January 26, 1992 – must comply with the ADA´s
new construction or alterations requirements:
Louis Duke Abbruzzi Little League Complex
Van Zandt Pier
Elm Street Pier
Newport Gateway Center
Parks and Recreation Cottage
Office
Easton´s Beach
King Park
The Department´s program access review covered those of
the City´s programs, services, and activities that operate in the following facilities:
Miantonomi Park and Stone Tower
Department of Utilities
Cardines Memorial Field
Vernon Park
Hunter Field
City Hall
Tot Lot (Edwards Street)
Edward King House
Newport Harbor Center
Golden Hill Rec Center and Recreation Department
Office
Little League Ball Field and Shed
Eisenhower Park
Newport Police Department
Mary Street Restrooms
Ann Street Pier
Brick Market Place
Morton Park
Maintenance Facility (The "Clean City" Program)
The Department conducted a program access review of the
following polling places:
Florence Gray Center
Knights of Columbus
St. John the Evangelist Church
Fenner Hall
St. Peter´s Church
Donovan Manor
The Salvation Army
Newport Public Library
Hibernian Hall
St. Augustin´s Church
Dr. Martin Luther King Jr. Community Center
Thompson Middle School
This review was limited to the areas of the facilities used
by the voting public: parking, the route from the parking area to the area used
for voting, and the area used for voting.
The Department also conducted a program access review of
the following facilities that are designated as emergency shelters:
Dr. Martin Luther King Jr. Community Center (also
reviewed as polling place)
Thompson Middle School (also reviewed as polling
place)
This review was limited to the areas of the facilities used
by members of the public during an emergency: parking, the route from the
parking area to the area used as a shelter, the area used as a shelter, and
toilet and bathing facilities serving that area.
The Department reviewed the City´s policies and
procedures regarding voting, emergency management and disaster prevention, and
sidewalk maintenance to evaluate whether persons with disabilities have an
equal opportunity to utilize these programs.
Finally, the Department reviewed the City´s Police
Department´s policies and procedures regarding providing effective
communication to persons who are deaf or hard-of-hearing.
JURISDICTION
- The ADA
applies to the City because it is a "public entity" as defined by title II. 42
U.S.C. § 12131(1).
- The Department
is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance
of the City with title II of the ADA and the Department's title II implementing
regulation, to issue findings, and, where appropriate, to negotiate and secure
voluntary compliance agreements. Furthermore, the Attorney General is
authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II
of the ADA should the Department fail to secure voluntary compliance pursuant
to Subpart F.
- The Department
is authorized under 28 C.F.R. Part 42, Subpart G, to determine the City´s
compliance with section 504 of the Rehabilitation Act of 1973, to issue
findings, and, where appropriate, to negotiate and secure voluntary compliance
agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. §
794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial
assistance to the City provided by the Department of Justice should the
Department fail to secure voluntary compliance pursuant to Subpart G or to
bring a civil suit to enforce the rights of the United States under applicable
federal, state, or local law.
- The parties to
this Agreement are the United States of America and the City of Newport, Rhode
Island.
- In order to
avoid the burdens and expenses of an investigation and possible litigation, the
parties enter into this Agreement.
- In
consideration of, and consistent with, the terms of this Agreement, the Attorney
General agrees to refrain from filing a civil suit in this matter regarding all
matters contained within this Agreement, except as provided in the section
entitled "Implementation and Enforcement."
ACTIONS TAKEN BY NEWPORT, RHODE ISLAND
- The City has a
designated ADA Coordinator and an ADA Advisory Committee comprised of
interested citizens. The City has an annual allotment for sidewalk
improvements. As part of this program, the City incorporates accessibility
concerns into the selected locations. If there is a request for improved
access, these areas are included in the following year´s program. The City
also takes a proactive approach to improving accessibility. As part of the
recent $12 million road bond, the City requires that curb ramps be added or
brought up to industry standards at all intersection where this money is being
spent to improve the roadways.
- The City has
worked with the Governor´s Commission on Disabilities and the Rhode Island
Board of Elections to improve the accessibility of polling places for people
with disabilities by installing permanent ramps and railings where necessary.
- To improve
access for voters with disabilities, polling locations are equipped with
ballots in alternative formats and voter assistance machinery (AutoMark),
which, among other things, has Braille capabilities, and election personnel are
trained in the proper use of the voter assistance equipment. Election
personnel are trained to set up voting equipment at an accessible height with
appropriate clear floor and maneuvering space to afford access for voters with
disabilities.
- The City has
available Personal PA Receivers (assistive listening devices) for use by
individuals who are hard of hearing when attending meetings in the Council
Chambers.
REMEDIAL ACTION
NOTIFICATION
- Within two
months of the effective date of this Agreement, the City will adopt the
attached Notice (Attachment A); distribute it to all agency heads; publish the
Notice in a local newspaper of general circulation serving the City; post the
Notice on its Internet Home Page; and post copies in conspicuous locations in
its public buildings. It will refresh the posted copies, and update the
contact information contained on the Notice, as necessary, for the life of this
Agreement. Copies will also be provided to any person upon request.
- Within three
months of the effective date of this Agreement, and on yearly anniversaries of
this Agreement until it expires, the City will implement and report to the
Department its written procedures for providing information for interested
persons with disabilities concerning the existence and location of the City
accessible programs, services, and activities.
GRIEVANCE
PROCEDURE
- Within three
months 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 post copies of it in conspicuous locations in each of its public
buildings. It will refresh the posted copies, and update the contact
information contained on it, as necessary, for the life of the Agreement.
Copies will also be provided to any person upon request.
GENERAL
EFFECTIVE COMMUNICATION PROVISIONS
- Within twelve
months of the effective date of this Agreement, the City will identify sources
of qualified sign language and oral interpreters, real-time transcription
services, and vendors that can put documents in Braille, and will implement and
report to the Department its written procedures, with time frames, for
fulfilling requests from the public for sign language or oral interpreters,
real-time transcription services, and documents in alternate formats (Braille,
large print, cassette tapes, accessible electronic format (e.g., HTML), etc.).
- The City will
take steps to ensure that all appropriate employees are trained and practiced
in using the Rhode Island Relay Service (Hamilton Relay) to make and receive
calls.
LAW ENFORCEMENT
AND EFFECTIVE COMMUNICATION
- Within twelve
months of the effective date of this Agreement, the City will adapt for its own
use and implement the City of Newport Police Department Policy Statement on
Effective Communication with People Who are Deaf or Hard of Hearing (Attachment
C) and distribute to all police officers the Guide for Law Enforcement
Officers When in Contact with People Who are Deaf or Hard of Hearing (Attachment D).
- Within twelve
months of the effective date of this Agreement, the City will contract with one
or more local qualified oral/sign language interpreter agencies to ensure that
the interpreting services will be available on a priority basis, twenty-four
hours per day, seven days a week, to its police department or make other
appropriate arrangements (such as contracting directly with or hiring qualified
interpreters).
- Within twelve
months of the effective date of this Agreement, the City will ensure that each
police station or substation and each detention facility is equipped with a
working TTY to enable persons who are deaf, hard of hearing, or who have speech
impairments to make outgoing telephone calls. Where inmate telephone calls are
time-limited, the City will adopt policies permitting inmates who use TTY´s a
longer period of time to make those calls, due to the slower nature of TTY
communications compared with voice communications.
EMPLOYMENT
- Within six
months of the effective date of this Agreement, the City will amend its
employment policies, as necessary, to comply with the regulations of the U.S.
Equal Employment Opportunity Commission implementing title I of the Americans
with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum,
those policies will provide that the City:
- will not discriminate on the
basis of disability in its hiring or employment practices;
- will not ask a job applicant
about the existence, nature, or severity of a disability. Applicants may be
asked about their ability to perform specific job functions. Medical
examinations or inquiries may be made, but only after a conditional offer of
employment is made and only if required of all applicants for the position;
- will make reasonable
accommodations for the known physical or mental limitations of a qualified
applicant or employee with a disability upon request unless the accommodation
would cause an undue hardship on the operation of the City´s business. If an
applicant or an employee requests a reasonable accommodation and the individual's
disability and need for the accommodation are not readily apparent or otherwise
known, the City may ask the individual for information necessary to determine
if the individual has a disability-related need for the accommodation;
- will maintain any employee´s
medical records separate from personnel files and keep them confidential; and
- will make an individualized
assessment of whether a qualified individual with a disability meets selection
criteria for employment decisions. To the extent the City´s selection criteria
have the effect of disqualifying an individual because of disability, those
criteria will be job-related and consistent with business necessity.
POLLING PLACES
- Some of the
City polling places may be owned or operated by other public entities subject
to title II or by public accommodations subject to title III and, as such,
would be subject to the obligation to provide program access or to remove
barriers to accessibility under the ADA. This Agreement does not limit future
enforcement action against the owners or operators of these polling places by
any person or entity, including the Department.
- Before
designating any site as a new polling place, the City will survey the site
using the survey instrument at Attachment F to determine whether the site
contains barriers to access by people with disabilities in the parking,
exterior route to the entrance, entrance, interior route to the voting area, or
voting area. The City will not designate any such site as a polling place
until all such barriers have been removed.
- The
Department surveyed certain of City´s polling places. Barriers to access at
such polling places owned by the City and the dates by which the City will
remove barriers are noted in Attachments I, J, and K.
- Barriers to
access at the polling places not owned by the City which were surveyed by the
Department are noted in Attachment E. Within one month of the effective date
of this Agreement, the City will request in writing that each of the owners and
operators of the polling places listed in Attachment E remove the noted
barriers to access for persons with disabilities within one year of the
effective date of this Agreement. The City will provide a copy of the
Department's ADA Checklist for Polling Places (www.ada.gov/votingck.htm) with
the written request. The City/County will simultaneously send a courtesy copy
of the request to the Department.
- Within nine
months of the effective date of this Agreement, the City will survey all
facilities listed in Attachment E to determine whether the barriers noted have
been removed. If not, for each polling place that still contains inaccessible
parking, exterior route to the entrance, entrance, interior route to the voting
area, or voting area, the City will identify within eighteen18 months of the
effective date of this Agreement an alternate location where these elements are
accessible. That identification will utilize the survey instrument that
appears as Attachment F to this Agreement. The City will then take immediate
steps to change its polling place to the new location. Under this provision of
the Agreement, the City will ensure that barriers at each polling place
identified in Attachment E are either removed or a substitute accessible
polling place is in operation before the next election occurring more than six
months after the effective date of this Agreement.
- Within twelve
months of the effective date of this Agreement, using the survey instrument at
Attachment F, the City will survey all polling places not surveyed by the
Department to identify barriers to access by people with disabilities in the
parking, exterior route to the entrance, entrance, interior route to the voting
area, and voting area. Within eighteen months of the effective date of this
Agreement, for each such polling place, the City will then either (1) ensure
that all barriers to access by people with disabilities have been removed or (2)
identify an alternate polling place with no barriers to access by people with
disabilities. That identification of accessible polling places will utilize
the survey instrument that appears as Attachment F to this Agreement. The City
will then take immediate steps to change each new inaccessible polling place to
a new accessible location. Under this provision of the Agreement, the City
will ensure that barriers at each polling place the Department did not survey
are either removed or a substitute accessible polling place is in operation
before the next election occurring more than six months after the effective
date of this Agreement.
- Until all
polling places in each precinct or voting district have accessible parking,
exterior routes, entrances, interior routes to the voting area, and voting
area, prior to each election, the City will identify and widely publicize to
the public and to persons with disabilities and organizations serving them the
most accessible polling place(s) for each precinct or voting district.
- Within three
months of the effective date of this Agreement, the City will provide
opportunities for same-day balloting for voters with disabilities whose
assigned polling place does not have accessible parking, exterior route to
entrance, entrance, interior route to the voting area, and voting area. The
method for providing these opportunities may include allowing the individual to
vote at another nearby location that is accessible, allowing individuals with
disabilities to vote by an absentee ballot that is accepted if postmarked on
the day of the election (or picked up by election officials at the home of the
voter on the same day as the election), providing curbside voting at the
inaccessible polling place, or any other method that ensures that voters with
disabilities have the same degree of information available to them when casting
their ballots as others. If curbside assistance is provided and a polling
place official is not stationed outside to provide assistance to people with
disabilities in curbside voting, it must include a reliable, effective
mechanism by which individuals with disabilities can summon election officials
to provide curbside assistance without leaving their vehicles and ensure
prompt response and assistance with curbside voting from polling officials.
- Within three
months of the effective date of this Agreement, the City will survey its voter
registration locations for accessibility to persons with disabilities by using
the form provided at Attachment F and will report the results of this survey to
the Department. If barriers to access are identified, the City will implement
and report to the Department its plan to provide program access, which may
include allowing persons to register to vote through alternative means or at
alternative locations.
- Within three
months of the effective date of this Agreement, the City will make all voter
registration materials available in alternate formats, including Braille, large
print, audio tape, and accessible electronic format (e.g., HTML).
- Within the
month prior to the next election that utilizes the City´s polling places, and
at yearly anniversaries of the effective date of this Agreement until it
expires, the City will train poll workers on the rights of people with disabilities
and the practical aspects of assuring those rights. The training will cover,
at minimum, the need to maintain the physical accessibility of polling
locations; how to assist people with disabilities, as necessary; and how to
operate any non-standard voting equipment or accessible features of standard
equipment (particularly new, accessible equipment).
EMERGENCY
MANAGEMENT PROCEDURES AND POLICIES
- The
Department will work collaboratively with the City to ensure that the City´s
Emergency Operations Plan (EOP) will be in compliance with ADA requirements.
The touchstone for compliance with ADA requirements relating to emergency
management is Chapter 7 of the Department´s ADA Best Practices Tool Kit for
State and Local Government (ADA
Tool Kit), which addresses in detail key
ADA obligations that apply to all aspects of emergency management, including
planning, preparedness, evacuation, shelters, medical and social services,
lodging and housing programs, recovery, and rebuilding.
- The City is
committed to compliance with the ADA requirements as described in Chapter 7 of
the ADA Tool Kit. Within 60 days of the
effective date of this Agreement, the City will revise its EOP so that it
conforms with Chapter 7 of the ADA Tool Kit, and the City will provide a copy of its revised EOP
(including supporting documents) to the Department. The Department will review
the revised EOP to ensure compliance with title II of the ADA and its
implementing regulation.
- If the City
contracts with another entity, such as the American Red Cross or another local
government, to provide its emergency preparedness plans and emergency response
services, the City will ensure that the other entity complies with the
following provisions on its behalf.
- Within three
months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that it regularly
solicits and incorporates input from persons with a variety of disabilities and
those who serve them regarding all phases of its emergency management plan
(preparation, notification, response, and clean up).
- Within three
months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that its community
evacuation plans enable those who have mobility impairments, vision
impairments, hearing impairments, cognitive disabilities, mental illness, or
other disabilities to safely self-evacuate or be evacuated by others. Some
communities are instituting voluntary, confidential registries of persons with
disabilities who may need individualized evacuation assistance or notification.
If the City adopts or maintains such a registry, its report to the Department
will discuss its procedures for ensuring voluntariness, appropriate
confidentiality controls, and how the registry will be kept updated, as well as
its outreach plan to inform persons with disabilities of its availability.
Whether or not a registry is used, the City plan should address accessible transportation
needs for persons with disabilities.
- Within three
months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that if its
emergency warning systems use sirens or other audible alerts, it will also
provide ways to inform persons with hearing impairments of an impending
disaster. The use of auto-dialed TTY messages to pre-registered individuals
who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local
TV stations and other innovative uses of technology may be incorporated into
such procedures, as well as lower-tech options such as dispatching qualified
sign language interpreters to assist with emergency TV broadcasts.
- Within three
months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that emergency
shelters have a back-up generator and a way to keep medications refrigerated
(such as a refrigerator or a cooler with ice). Access to back-up power and
refrigeration at such shelters will be made available to persons whose
disabilities require access to electricity and refrigeration, for example, for
using life-sustaining medical devices, providing power to motorized wheelchairs,
and preserving certain medications, such as insulin, that require
refrigeration. The written procedures will include a plan for notifying
persons of the location of such shelters.
- Within three
months of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that persons who
use service animals are not separated from their service animals when
sheltering during an emergency, even if pets are normally prohibited in
shelters. The procedures will not segregate persons who use service animals
from others but may take into account the potential presence of persons who,
for safety or health reasons, should not be in contact with certain types of
animals.
- Within three
months of the effective date of this Agreement, the City will develop,
implement, and report to the Department its plans for providing equivalent
opportunities for accessible post-emergency temporary housing to persons with
disabilities. Within one year of the effective date of this Agreement, the
City will ensure that information it makes available regarding temporary
housing includes information on accessible housing (such as accessible hotel
rooms within the community or in nearby communities) that could be used if people
with disabilities cannot immediately return home after a disaster if, for
instance, necessary accessible features such as ramps or electrical systems
have been compromised.
PHYSICAL
CHANGES TO EMERGENCY SHELTERS
- Some of the
of the City´s emergency shelters may be owned or operated by other public
entities subject to title II or by public accommodations subject to title III
and, as such, are subject to the obligation to provide program access or remove
barriers to accessibility under the ADA. This Agreement does not limit such
future enforcement action against the owners or operators of these facilities
by any person or entity, including the Department.
- Within one
month of the effective date of this Agreement, the City will request in writing
that each of the owners and operators of the shelter facilities listed in
Attachment G will remove the noted barriers to access for persons with
disabilities. The request will specify that the remediation be completed
within one year of the effective date of this Agreement. The City will
simultaneously send a courtesy copy of the request to the Department.
- Within twelve
months of the effective date of this Agreement, the City will survey the
shelters listed in Attachment G to determine whether the noted barriers have
been removed. If not all barriers have been removed, the City will identify
within eighteen months of the effective date of this Agreement an appropriate
number of alternate shelters where the parking, exterior routes, entrances,
interior routes to the shelter area, and toilet rooms to the shelter area
comply with the Standards.
- Within three
months of the effective date of this Agreement and until all emergency shelters
have accessible parking, exterior routes, entrances, interior routes to the
shelter area, and toilet rooms serving the shelter area, the City will identify
and widely publicize to the public and to persons with disabilities and the
organizations that serve them the most accessible emergency shelters.
SIDEWALKS
- Within nine
months of the effective date of this Agreement, the City will implement and
report to the Department its written process for soliciting and receiving input
from persons with disabilities regarding the accessibility of its sidewalks,
including, for example, requests to add curb cuts at particular locations.
- Within nine
months of the effective date of this Agreement, the City will identify and
report to the Department all streets, roads, and highways that have been
constructed or altered since January 26, 1992. Paving, repaving, or
resurfacing a street, road, or highway is considered an alteration for the
purposes of this Agreement. Filling a pothole is not considered an alteration
for the purposes of this Agreement. Within three years of the effective date
of this Agreement, the City will provide curb ramps or other sloped areas
complying with the Standards or UFAS at all intersections of the streets,
roads, and highways identified under this paragraph having curbs or other
barriers to entry from a street level pedestrian walkway.
- Beginning no
later than nine months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at any intersection having curbs or other barriers to entry from a street
level pedestrian walkway, whenever a new street, road, or highway is
constructed or altered.
- Within three
months of the effective date of this Agreement, the City will identify all
street level pedestrian walkways that have been constructed or altered since
January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an
alteration for the purposes of this Agreement. Within three years of the
effective date of this Agreement, the City will provide curb ramps or other
sloped areas complying with the Standards or UFAS at all places where a street
level pedestrian walkway identified under this paragraph intersects with a
street, road, or highway.
- Beginning no
later than nine months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at all newly constructed or altered pedestrian walkways where they
intersect a street, road, or highway.
WEB-BASED
SERVICES AND PROGRAMS
- Within six
months of the effective date of this Agreement, and on subsequent anniversaries
of the effective date of this Agreement, the City will distribute to all
persons – employees and contractors – who design, develop,
maintain, or otherwise have responsibility for content and format of its
website(s) or third party websites used by the City (Internet Personnel) the
technical assistance document, "Accessibility of State and Local Government
Websites to People with Disabilities," which is Attachment H to this Agreement
(it is also available at www.ada.gov/websites2.htm).
- Within twelve
months of the effective date of this Agreement, and throughout the life of the
Agreement, the City will do the following:
- Establish,
implement, and post online a policy that its web pages will be accessible and
create a process for implementation;
- Ensure that
all new and modified web pages and content are accessible;
- Develop and
implement a plan for making existing web content more accessible;
- Provide a way
for online visitors to request accessible information or services by posting a
telephone number or e-mail address on its home page; and
- Periodically
(at least annually) enlist people with disabilities to test its pages for ease
of use.
NEW
CONSTRUCTION, ALTERATIONS, AND PHYSICAL
CHANGES TO FACILITIES
- The City
will ensure that all buildings and facilities constructed by or on behalf of
the City are constructed in full compliance with the requirements of 28 C.F.R.
§ 35.151, including applicable architectural standards.
- The City will
ensure that alterations to City facilities are made in full compliance with the
requirements of 28 C.F.R. § 35.151, including applicable architectural
standards.
- The elements
or features of the City´s facilities that do not comply with the Standards, including
those listed in Attachments I, J, and K, prevent persons with disabilities from
fully and equally enjoying the City´s services, programs, or activities and
constitute discrimination on the basis of disability within the meaning of 42
U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
- The City will
comply with the cited provisions of the Standards when taking the actions
required by this Agreement.
- Within three
months of the effective date of this Agreement, the City will install signage
as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all
facilities that are the subject of this Agreement for the purpose of
identifying those that have multiple entrances not all of which are accessible.
- Newly
Constructed Facilities: In order to ensure that the following spaces and
elements in City facilities for which construction was commenced after January
26, 1992, are readily accessible to and usable by persons with disabilities,
the City will take the actions listed in Attachments I and M.
- Altered
Facilities: 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 actions listed in Attachments J and M.
- Program
Access in Existing Facilities: In order to ensure that each of the City´s
programs, services, and activities operating at a facility that is the subject
of this Agreement, when viewed in its entirety, is readily accessible to and
usable by persons with mobility impairments, the City will take the actions
listed in Attachments K and M.
- Facilities
and Programs Not Surveyed by the Department: The City will review
compliance with the requirements of title II of the ADA for those City
facilities and programs that were not reviewed by the Department. Within
twelve months of the effective date of this Agreement, the City will submit for
review by the Department a detailed report listing the access issues identified
during its review together with the corrective actions and completion dates
proposed to resolve such issues. The review conducted by the City, the access
issues identified, and the corrective actions and completion dates proposed
will be consistent with the requirements of title II of the ADA; the review of
City facilities and programs conducted by the Department for purposes of this
Agreement; and the access issues, corrective actions, and completion dates
reflected in Attachments I, J, K, and M.
PROGRAMS FOR
VICTIMS OF DOMESTIC VIOLENCE AND ABUSE
- If the City
owns or operates any Domestic Violence Programs, within three months of the
effective date of this Agreement, it will do the following:
- Whatever
written information is provided regarding its Domestic Violence Programs will
also be provided in alternate formats, including Braille, large print, audio
recording, and electronic formats (e.g.,
HTML), upon request.
- Enter into
contracts or make other arrangements with qualified sign language and oral
interpreters to ensure their availability when required for effective
communication with persons who are deaf or hard of hearing. The type of aid
that will be required for effective communication will depend on the
individual´s usual method of communication, and the nature, importance, and
duration of the communication at issue. In many circumstances, oral
communication supplemented by gestures and visual aids, an exchange of written
notes, use of a computer or typewriter, or use of an assistive listening device
may be effective. In other circumstances, qualified sign language or oral
interpreters are needed to communicate effectively with persons who are deaf or
hard of hearing. The more lengthy, complex, and important the communication,
the more likely it is that a qualified interpreter will be required for
effective communication with a person whose primary means of communication is
sign language or speech reading.
- If the City´s
Domestic Violence Programs operate a hotline to take telephone calls of an
emergency nature, the City shall ensure that it provides equivalent service for
persons who use TTY´s, including providing direct-connection service for TTY
users with hotline operators, without requiring TTY users to call through a
third party operator, such as through the state or local Telecommunication
Relay Services. The City will obtain the necessary equipment, establish the
written procedures, and provide the training necessary to ensure effective
communication by Hotline staff with direct-connection callers using TTY´s, as
well as the training necessary to respond to callers who use the
Telecommunication Relay Services.
- Survey
facilities used as shelters or designated as potential shelters – or for
counseling, job training, education, clothing or household provisioning, or
other aspects of Domestic Violence Programs – to ensure that adequate
arrangements are available for potential clients and family members with
disabilities, including adults and children who have mobility impairments, who are
blind or have low vision, and who are deaf or hard of hearing. Within one year
of the effective date of this Agreement, modify each such facility to remove
the barriers or, alternatively, procure another, fully accessible facility to
ensure that potential clients and family members with disabilities have
integrated options when participating in a sheltering or other Domestic
Violence program. Nothing in this Agreement requires any modifications that
would compromise the confidentiality of a shelter or counseling center. Until
there is a sufficient stock of accessible housing and other facilities within
the sheltering program, the City will implement written procedures ensuring
that it has identified temporary accessible housing (such as accessible hotel
rooms within the community or in nearby communities) and other facilities that
could be used if people with disabilities need sheltering or inservice access
to a Domestic Violence Program. The cost to potential clients of being housed
or otherwise served in alternate accessible facilities shall not exceed any
costs normally attributed to clients of the City´s Domestic Violence Programs.
- Implement
written procedures and modify, as appropriate, eligibility criteria, to ensure
that no person with a disability is turned away from a shelter or otherwise
denied the opportunity to benefit from the services of the City´s Domestic
Violence Programs on the basis of disability.
- Implement
written procedures to ensure that persons with disabilities who use service
animals are not denied or discouraged from participating in Domestic Violence
Programs, are able to be housed and served in an integrated environment, and
are not separated from their service animals while participating in the City´s
Domestic Violence Programs even if pets are normally not permitted in the
facilities where such programs are conducted. The procedures will not
unnecessarily segregate persons who use service animals from others but may
take into account the potential presence of persons who, for safety or health
reasons, should not be in contact with certain types of animals. If the City´s
Domestic Violence Programs require clients to make any payments for shelter or
other services they provide, clients shall not be required to make additional
payments because they or their family members use service animals.
- Implement
written procedures to ensure that reasonable modifications are made to the
City´s Domestic Violence Programs when necessary for a client or family member
with a disability to participate in such Programs, unless doing so would
fundamentally alter the nature of the program.
- Implement
written policies to ensure that despite any "drug-free" policy of the City´s
Domestic Violence Programs, persons with disabilities who use medication
prescribed for their use are able to continue using such medication while
participating in such Programs or being housed in a shelter.
- If the City
contracts with another entity to provide or operate programs that provide
shelter, counseling, or other assistance or supportive services to victims of
domestic violence or abuse and their families (hereafter referred to as
"Domestic Violence Programs"), it will ensure that the other entity complies
with the preceding provisions on its behalf. If that entity will not comply
with the following provisions, the City will nonetheless take all necessary
steps to ensure that its program is accessible to persons with disabilities.
- Some of the
of the City´s shelters may be owned or operated by other public entities
subject to title II or by public accommodations subject to title III and, as
such, are subject to the obligation to provide program access or remove
barriers to accessibility under the ADA. This Agreement does not limit such
future enforcement action against the owners or operators of these facilities
by any person or entity, including the Department.
- This
Agreement shall not be construed to require the City to divulge confidential
information relating to the location or existence of any Domestic Violence
Programs, beyond what is otherwise required by applicable law or what is
necessary for the Department to effectively enforce this Agreement.
MISCELLANEOUS
PROVISIONS
- Except as
otherwise specified in this Agreement, at yearly anniversaries of the effective
date of this Agreement until it expires, the City will submit written reports
to the Department summarizing the actions the City has taken pursuant to this
Agreement. Reports will include detailed photographs showing measurements,
architectural plans, work orders, notices published in the newspaper, copies of
adopted policies, and proof of efforts to secure funding/assistance for
structural renovations or equipment.
- Throughout
the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City
will maintain the accessibility of its programs, activities, services,
facilities, and equipment, and will take whatever actions are necessary (such
as routine testing of accessibility equipment and routine accessibility audits
of its programs and facilities) to do so. This provision does not prohibit
isolated or temporary interruptions in service or access due to maintenance or
repairs. 28 C.F.R. § 35.133(b).
- Within twelve
months of the effective date of this Agreement, the City will develop or
procure a two-hour training program on the requirements of the ADA and
appropriate ways of serving persons with disabilities. The City] will use the
ADA technical assistance materials developed by the Department and will consult
with interested persons, including individuals with disabilities, in developing
or procuring the ADA training program.
- Within
eighteen months of the effective date of this Agreement, the City will deliver
its training program to all City employees who have direct contact with members
of the public. At the end of that period, the City will submit a copy of its
training curriculum and materials to the Department, along with a list of
employees trained and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
- If at any
time the 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 will not be unreasonably withheld or delayed.
- The
Department may review compliance with this Agreement at any time. If the
Department believes that the City has failed to comply in a timely manner with
any requirement of this Agreement without obtaining sufficient advance written
agreement with the Department for a modification of the relevant terms, the
Department will so notify the City in writing and it will attempt to resolve
the issue or issues in good faith. If the Department is unable to reach a
satisfactory resolution of the issue or issues raised within 30 days of the
date it provides notice to the City, it may institute a civil action in federal
district court to enforce the terms of this Agreement, or it may initiate
appropriate steps to enforce title II and section 504 of the Rehabilitation
Act.
- For purposes
of the immediately preceding paragraph, it is a violation of this Agreement for
the City to fail to comply in a timely manner with any of its requirements
without obtaining sufficient advance written agreement with the Department for
an extension of the relevant time frame imposed by the Agreement.
- Failure by
the Department to enforce this entire Agreement or any provision thereof with
regard to any deadline or any other provision herein will not be construed as a
waiver of the Department's right to enforce other deadlines and provisions of
this Agreement.
- This
Agreement is a public document. A copy of this document or any information
contained in it will be made available to any person by the City or the
Department on request.
- This
Agreement constitutes the entire agreement between the parties on the matters
raised herein, and no other statement, promise, or agreement, either written or
oral, made by either party or agents of either party, that is not contained in
this written Agreement (including its Attachments, which are hereby
incorporated by reference), will be enforceable. This Agreement does not
purport to remedy any other potential violations of the ADA or any other
federal law. This Agreement does not affect the City´s continuing
responsibility to comply with all aspects of the ADA and section 504 of the
Rehabilitation Act.
- This
Agreement will remain in effect for three years or until the parties agree that
all actions required by the Agreement have been completed, whichever is later.
- The person
signing for the City represents that he or she is authorized to bind the City
to this Agreement.
- The effective
date of this Agreement is the date of the last signature below.
For the City of Newport, Rhode Island:
By: ____________________________
JEANNE-MARIE NAPOLITANO, Mayor
Date: _____7/14/2010________
For the United States:
THOMAS E. PEREZ
Assistant Attorney General for Civil Rights
SAMUEL R. BAGENSTOS
Principal Deputy Assistant Attorney General
Civil Rights Division
JOHN L. WODATCH, Chief
JEANINE M. WORDEN, Deputy Chief
DOV LUTZKER, Special Counsel
By:_____________________________
NAOMI MILTON, Supervisory Attorney
By:_____________________________
PAULA N. RUBIN, Investigator
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
(202) 307-0663
(202) 514-7821 (fax)
Date: ______9/30/2010_____________