FACT SHEET

Settlement Agreement between United States of America and Pike County, Kentucky, Fact Sheet

On September 25, 2008, the Department of Justice entered into a settlement agreement with Pike County, Kentucky, 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, as well as 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 Department initiated a compliance review of Pike County in March, 2005, as part of Project Civic Access (PCA), a Departmental initiative to ensure greater access for Americans with disabilities to local government programs, services and facilities. Pike County was selected for a compliance review because approximately 33% of its population are persons with disabilities, according to data obtained from the United States Census Bureau. County staff worked cooperatively with the Department throughout the investigation in order to reach an agreement. The Department previously signed PCA agreements with the County's Health Department and Public Library District.

The Department conducted an on-site survey of County buildings and services in April, 2005. Facilities covered by the agreement include: Blackberry Creek Community Building, Blackberry Senior Citizen Center, Grants Branch Park, Intergenerational Center, Pikeville Area Senior Citizen Center, Shelby Valley Senior Citizen Center, Grapevine Park, and Pike County Courthouse.

The Department also reviewed access for persons with disabilities to Pike County's programs, services, and activities operating in the following facilities: Belfry Courthouse, Elkhorn City Senior Citizen Center, Hardy Park, Marrowbone Senior Citizen Center, Mountain Pub Links Golf Course, Phelps Courthouse Annex, Pike County Hall of Justice, Pike County Animal Shelter, Pike County Coroner's Office, and Orville "Red" Morris Park.

In addition, the Department reviewed Pike County's policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance as well as the Pike County Sheriff Department's policies and procedures regarding providing effective communication to persons who are deaf or hard of hearing.

Pike County is Kentucky's largest county by land area, and is nestled in the Cumberland Mountains at the easternmost tip of the state, bordering both Virginia and West Virginia. The County is known for its coal and natural gas resources, and produces almost 25% of the state's coal. Pike County has a total population of 68,736, and according to the 2000 Census, there are an estimated 21,100 people with disabilities 5 years of age or older living in the County. The percentage of persons with disabilities is 14 percent higher than the national average.

The text of the settlement agreement specifies the modifications Pike County will be making to its programs, services, and facilities. Among other things, the County has agreed to:

• make physical modifications to its facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters, and drinking fountains are accessible to people with disabilities;
• post, publish, and distribute a notice to inform members of the public of the provisions of title II and their applicability to the County's programs, services, and activities;
• officially recognize the Kentucky relay service, and train staff in using the County TTY relay service;
• ensure that the County's official website is accessible to people with disabilities;
• develop a method for providing emergency management policies and procedures for persons with disabilities, including preparation, notification, response, and clean up;
• develop a method for providing information for interested persons with disabilities concerning the existence and location of the County's accessible services, activities, and programs; and
• install signs at any inaccessible entrance to a facility directing persons with disabilities to an accessible entrance or to information about other accessible facilities.

Even before signing an agreement, the County has actively worked to begin addressing accessibility concerns set out in this agreement. The settlement agreement will remain in effect for 3 years from September 25, 2008.

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