BACKGROUND
1. 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 Pleasant Valley (“City”). The complaint alleges that the City’s Municipal Building is not accessible to individuals who have mobility impairments and that such individuals are, therefore, excluded from participation in, or are denied the benefits of City services, programs, and activities due to the City’s failure to comply with title II of the ADA.
2. The Department of Justice is authorized to investigate title II complaints and to bring a civil action should it fail to secure voluntary compliance. 42 U.S.C. § 12133; 28 C.F.R. Part 35, Subpart F.
3. The ADA applies to the City because it is a public entity as defined in the ADA, 42 U.S.C. § 12115, and the Department’s implementing regulation at 28 C.F.R. § 35.104. Under the ADA, the City is required to ensure that members of the public with disabilities are able to access City services, including services offered at the Municipal Building.
4. The parties have decided to resolve this matter as set forth below without adjudication of factual and legal disputes. This Agreement applies to the programs, services, and activities offered at the Municipal Building only. At the time of signing, the Department of Justice and the City of Pleasant Valley are unaware of any other violations of the ADA at this facility.
AGREEMENT5. The subject of this Agreement is the City’s obligation to remove barriers that prevent access to the Municipal Building to persons with disabilities. The Municipal Building was constructed in 2000, and the elevator exemption contained in the ADA Standards for Accessible Design does not apply under title II of the ADA.
6. Within 3 years of the effective date of this Agreement, the City will complete the installation of an elevator, fully compliant with § 4.10 of the ADA Standards for Accessible Design, in order to make both floors of the Municipal Building accessible to persons who use wheelchairs.
IMPLEMENTATION AND ENFORCEMENT7. Except as otherwise specified in this Agreement, at 12 and 25 months after the effective date of this Agreement, 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, and proof of any efforts to secure funding/assistance for structural renovations.
8. 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.
9. 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.
10. 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.
11. 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 Pleasant Valley or the Department on request. The effective date of this Agreement is the date of the last signature below.
12. 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.
13. This Agreement is limited to the facts set forth herein. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law nor does it imply that any such violations exist. This Agreement does not affect the City’s continuing responsibility to comply with all aspects of title II of the ADA.
14. The person signing for the City represents that he or she is authorized to bind Pleasant Valley to this Agreement.
For Pleasant Valley: For the United States:
RENE FLIPPIN, Mayor
Date: Oct. 20, 2003
R. ALEXANDER ACOSTA
Assistant Attorney General for Civil Rights
By:
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chhief
NAOMI MILTON, Supervisory Attorney
AMELIA M. EDUARDO, Investigator
MICHELE ANTONIO MALLOZZI, Architect
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Date: November 3, 2003
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February 24, 2005