FACT SHEET

Settlement Agreement between the United States of America and The City of Poplarville, Mississippi

On November 25, 2009, the Department of Justice entered into a settlement agreement with the City of Poplarville, Mississippi, 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 the City of Poplarville in July, 2008, in response to a complaint alleging that the City is inaccessible to individuals with mobility impairments. This review was part of Project Civic Access, a Departmental initiative to ensure greater access for persons with disabilities to local government programs, services, activities, and facilities.

An on-site survey of the City buildings and services was conducted on October 27-28, 2008. Facilities covered by the agreement include: Poplarville City Hall, Poplarville Police Department, Chamber of Commerce, Poplarville Library and Poplarville Park. The Department also reviewed the City's emergency management procedures, employment policies, and policies and procedures relating to sidewalks.

The City staff worked cooperatively with the Department throughout the investigation in order to reach a settlement agreement.

The text of the settlement agreement specifies the modifications the City of Poplarville will be making to its programs, services, and facilities. Among other things, the City 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 City's programs, services, and activities;
• Adopt a grievance procedure to deal with complaints of disability discrimination;
• Take steps to ensure that all appropriate employees are trained and practiced in using the Mississippi Relay Service to make and receive calls;
• Implement the Sheriff Department's Policy on Effective Communication with People Who are Deaf or Hard of Hearing by providing interpreters and auxiliary aids that are necessary to ensure effective communication with individuals who are deaf or hard of hearing;
• Amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing the employment provisions of title I of the ADA;
• Provide physically accessible polling places;
• Ensure equal access to its emergency management programs for persons with disabilities, including preparation, notification, response, and clean up;
• Implement a plan for accessibility of sidewalks and curb ramps throughout the City; and
• Install signs at any inaccessible entrance to a facility directing users to an accessible entrance or to information about other accessible facilities.

The settlement agreement will remain in effect for 3 years from November 25, 2009, or until all required actions have been completed, whichever is later.

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