SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF SAN ANTONIO, TEXAS
DEPARTMENT OF JUSTICE NUMBER 204-76-155
BACKGROUND
A. SCOPE OF THE INVESTIGATION
The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of San Antonio, Texas ("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 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 ("DRS") of the Department’s Civil Rights Division and focused on the City’s compliance with the following provisions of Title II:
- 28 C.F.R. §35.105, which requires public entities to conduct self-evaluations of their 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. §35.106, which requires public entities 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. § 35.107(a), which requires public entities 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(b), which requires public entities to establish a grievance procedures for resolving complaints of violations of Title II;
- 28 C.F.R. § 35.150, which requires public entities to operate each program, service, or activity so that, when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities, by:
delivering services, programs, or activities in alternate ways, such as, redesigning equipment, reassigning services, assigning aides, and undertaking home visits; and
making physical changes to buildings, 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");
- 28 C.F.R. §35.151, which requires public entities to ensure that facilities for which construction or alteration commenced 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. §35.160, which requires public entities to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others by, among other things, furnishing auxiliary aids and services when necessary;
- 28 C.F.R. §35.161, which requires public entities to communicate through use of a teletypewriter (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments;
- 28 C.F.R. §35.162, which requires public entities to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems;
- 28 C.F.R. §35.163(a), which requires public entities to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities; and
- 28 C.F.R. § 35.163(b), which requires public entities to provide signage at all inaccessible entrances to its facilities, directing users to an accessible entrance or to information about accessible facilities.
The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: City Hall, City Hall Annex, the Frank D. Wing Municipal Courthouse, Fire Department Headquarters and various substations, Police Headquarters and substations, the Municipal Plaza Building, the Plaza de Armas Building, Henry B. Gonzales Convention Center, City parking facilities, along with various museums, parks, athletic complexes, swimming pools and community centers throughout the City. Those facilities not mentioned are not subject to the terms of this Agreement. Nothing in this Agreement shall be construed to indicate that those facilities not specifically discussed or the programs, benefits, and services offered therein comply with Title II. Nor does this Agreement, or any provision thereof, in any way limit the Department’s ability to seek compliance or undertake any means of enforcement with regard to those facilities not discussed herein at this time or in the future.
B. JURISDICTION
1. The parties to this Agreement are the United States of America and the City of San Antonio, Texas.
2. The ADA applies to the City because it is a "public entity" as defined by Title II. 42 U.S.C. § 12131(1); 28 C.F.R. § 35.104.
3. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine whether the City is in compliance with Title II of the ADA and the Department’s regulation implementing Title II, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement to bring the City into compliance with Title II. 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.
4. The Department is also authorized under 28 C.F.R. Part 42, Subpart G, to determine whether the City is in compliance with Section 504 of the Rehabilitation Act of 1973, and its relevant implementing regulations, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements to bring the City into compliance with the Rehabilitation Act. 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 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.
REMEDIAL ACTION
5. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.
6. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("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 AA. EFFECTIVE COMMUNICATION
7. The City agrees that within 12 months of the effective date of this Agreement all letters sent to the public from every City office will have the City’s TTY telephone number printed on the letterhead.
B. POLICIES AND PROCEDURES
8. Within 30 days of the effective date of this Agreement, the City will distribute the attached Notice ("Attachment A") to all agency heads; publish the Notice on its Internet Home Page, and post copies in conspicuous locations in its public buildings. The City will refresh the posted copies, and update the ADA Coordinator information contained in the Notice, as necessary, for the life of the Agreement. The City will provide copies of this Notice to any person upon request.
9. The City will report to the Department within 120 days of the effective date of this Agreement the actions it has taken to comply with Paragraph 8.C. STRUCTURAL MODIFICATIONS
In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable be individuals with disabilities, the City will take the following actions.
10. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Henry B. Gonzales Convention Center-Annex:
a. Exhibition Hall Men’s and Women’s Toilet Rooms
(1) There are no rear grab bars in the designated accessible stalls in each toilet room. Provide a rear grab bar in each accessible stall that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).
(2) There is insufficient clear floor space at the water closet because of the offset in the rear wall. Provide an uninterrupted plane at the rear wall measuring at least 48 inches wide. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.b. Ballroom C Unisex Toilet Room
(1) There is no rear grab bar in the accessible unisex toilet room. Provide a rear grab bar that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 12 inches from the toilet centerline. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.
(2) The flush valve handle is located on the "narrow" side of the toilet. Reposition the flush valve handle to the "wide" side of the toilet or install an automatic flushing device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5.c. Dressing Rooms
(1) The shower stall in each dressing room has a 5 inch curb at the entrance to the shower stall; there are no grab bars; the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; the shower head is fixed; and clear floor space extending 12 inches beyond the seat wall is not provided. Provide at least one accessible shower stall in each dressing room that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.
(2) The lavatory in each dressing room does not provide at least 29 inches of clearance to the bottom of the apron. Reposition or provide a lavatory that has clearance of at least 29 inches above the finish floor to the bottom of the apron, knee clearance that is at least 27 inches above the finish floor at a depth of 8 inches, foot clearance that is at least 9 inches above the finish floor at a depth of 17 inches and complies with all other provisions of the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.11. Within 3 months of the effective date of this Agreement, the City will complete the following modifications to the San Pedro Springs Park-Bathhouse, Swimming Lake and Tennis Courts:
a. Signage
(1) There is no signage directing persons with disabilities at the old tennis courts to the newly constructed accessible tennis courts. Install a sign at the entrance of the old tennis courts directing persons with disabilities to the newly constructed accessible tennis courts. Standards §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
(2) Install a sign at the entrance to the newly constructed tennis courts indicating that they are accessible to people with disabilities using the International Symbol of Accessibility to designate these tennis courts as accessible. Standards §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
(3) There is no sign indicating the accessible route from the front of the Bathhouse to the swimming area. Install a sign indicating the accessible route to the swimming area. Standards §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.In order to ensure that the following spaces in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable be individuals with disabilities, the City will take the following actions.
12. Within 3 months of the effective date of this Agreement, the City will complete the following modifications to the City Hall:
a. Signage
(1) There is no signage at the inaccessible rear entrance to City Hall directing persons with disabilities to the accessible entrance at the front of the building. Install a sign at the inaccessible rear entrance of the City Hall building directing persons with disabilities to the accessible entrance at the front of the building. Standards §§ 4.1.2(7), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
(2) There is no signage designating the front entrance of the City Hall building as accessible. Install a sign at the front entrance fo the City Hall building designating it as accessible using the International Symbol of Accessibility. Standards §§ 4.1.2(7), 4.30.7.b. Women’s Toilet Room
(1) The women’s toilet room is not accessible because there is a couch blocking the accessible route at the entrance. Reposition or remove the couch to provide an accessible route into the toilet room. Standards §§ 4.1.3(1), 4.3.
13. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the City Hall Annex:
a. Old Section Women’s Toilet Room
(1) The toilet room does not have the required signage. Install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The rear grab bar in the designated accessible stall in the women’s toilet room is not compliant. Provide a rear grab bar in the accessible stall that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is mounted no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(a).
(3) The flush valve handle is located on the "narrow" side of the toilet stall. Reposition the flush valve handle to the "wide" side of the toilet stall or install an automatic flushing device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5.
(4) The door coat hook in the designated accessible stall in the women’s toilet room is located 67 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
(5) The hot water and drain pipes beneath the lavatory in the women’s toilet room are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.b. Old Section Men’s Toilet Room
(1) The right entrance door of the men’s toilet room is 29 3/4 inches wide. Install a sign directing individuals with disabilities to the accessible left entrance doorway of the toilet room. Standards §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet room does not have the required signage. Install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(3) The rear grab bar in the designated accessible stall in the men’s toilet room is not compliant. Provide a rear grab bar in the accessible stall that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.17.6 & Fig. 30(a), 4.22.4.
(4) The door coat hook in the designated accessible stall in the men’s toilet room is located 58 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
(5) The hot water and drain pipes beneath the lavatory in the men’s toilet room are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.c. New Section Women’s Toilet Room
(1) The rear grab bar in the designated accessible stall in the women’s toilet room is located 44 inches from the finish floor. Provide a rear grab bar that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).
(2) The side grab bar in the women’s toilet room is located approximately 30 inches above the finish floor. Install a grab bar that is at least 42 inches long, mounted 33 to 36 inches above the finish floor so that the end nearest the back wall is no more than 12 inches from that wall, and the end farthest from the back wall that is located at least 54 inches from the wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(b), 4.26.
(3) The flush valve handle is located on the "narrow" side of the toilet stall. Reposition the flush valve handle to the "wide" side of the toilet stall or install an automatic flushing device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5.
(4) The hot water and drain pipes beneath the lavatory in the women’s toilet room are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(5) The lavatory apron is 23 3/4 inches above the finish floor. Reposition or provide a lavatory that has a clearance of at least 29 inches above the finish floor to the bottom of the apron, knee clearance that is at least 27 inches above the finish floor at a depth of 8 inches, foot clearance at least 9 inches above the finish floor at a depth of 17 inches and complies with all other provisions of the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.d. New Section Men’s Toilet Room
(1) The rear grab bar in the designated accessible stall in the men’s toilet room is located 43 inches from the finish floor. Provide a rear grab bar in the accessible stall that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).
(2) The mirror in the men’s toilet room is mounted so that the bottom edge of the reflecting surface is 43 inches above the finish floor. Provide a mirror that is mounted so that the bottom edge of its reflecting surface is no more than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.14. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Frank D. Wing Municipal Courthouse:
a. Service Counters
(1) The service counters for the Information Center at the entrance of the courthouse, the Cashier, the Appearance Court Suite, the Court Section Office and the Administrative Hearing Room are not compliant. Modify each service counter so that a part of the counter at least 36 inches wide has a top surface no more than 36 inches above the finish floor. Standards § 7.2.2.
b. Detention Center Accessible Holding Cells
(1) The toilet "stall" in each designated accessible holding cell is 46 inches wide and 53 inches deep. In at least two holding cells provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(2) The height of the toilet is 15 1/2 inches above the finish floor to the top of the seat. Reposition or provide a toilet mounted with a seat between 17 and 19 inches above the finish floor in each toilet stall. Standards §§4.1.3(11), 4.22.4, 4.16.3 & Fig. 30(d).c. Ground Floor Entrance Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms are inaccessible. Renovate each toilet room, or provide at least one unisex toilet room, so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, toilet stall (if applicable) and the stall’s elements including size and arrangement, water closet, grab bars, urinal (if provided), lavatory, mirror, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17 & Fig. 30(a), 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.
d. First Floor Men’s and Women’s Toilet Rooms
(1) The hot water and drain pipes beneath the lavatory in each of the toilet rooms are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(2) The door coat hook in each designated accessible stall is located 59 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.e. Magistrate’s Court Waiting Room Men’s and Women’s Toilet Rooms
(1) The lavatory in the each toilet room has twist-type faucet controls. Replace the faucet controls with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
(2) The hot water and drain pipes beneath the lavatory in each of the toilet rooms are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.f. Detention Center Health Services Unit Unisex Toilet/Shower Rooms
(1) The shower stall in the Health Services Unit has a 5 1/2 inch curb at the entrance to the shower stall; there are no grab bars; the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; the shower head is fixed; and clear floor space extending 12 inches beyond the seat wall is not provided. Provide an accessible shower stall in the Health Services Unit that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.
(2) There is no rear grab bar in each toilet room. Provide a rear grab bar in each room that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 29(a).
(3) The side grab bar in each toilet room is not compliant. Install a grab bar that is at least 42 inches long, mounted 33 to 36 inches above the finish floor so that the end nearest the back wall is no more than 12 inches from the back wall, and the end farthest from the back wall that is located at least 54 inches from the wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(b), 4.26.
(4) The door coat hook in each toilet stall is located 59 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 approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(18), 4.25.3, 4.2.5, 4.2.6.15. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Police Headquarters:
a. Service Counters
(1) Records Window and Identification Information Source Room service counters are not compliant. Modify each service counter so that a part of the counter at least 36 inches wide has a counter surface that is no more than 36 inches above the finish floor. Standards § 7.2.2.
b. Men’s and Women’s Toilet Rooms
(1) The toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet stalls in each toilet room are 35 inches wide. The clearance at each of the toilet stall doorways with the doors opened 90 degrees is 30 1/4 inches wide and each door has inaccessible door hardware. In each toilet room provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(3) The door coat hook in the toilet stall in the women’s toilet room is located 57 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(18), 4.25.3, 4.2.5, 4.2.6.16. Within 3 months of the effective date of this Agreement, the City will complete the following modifications to the Police Central-South Frio Road Substation:
a. Property Crimes Unit
(1) The Property Crimes Unit room is not accessible because there are cabinets blocking the accessible route at each entrance. Reposition or remove the cabinets to maintain an accessible route to the room. Standards §§ 4.1.3(1), 4.3.
b. Men’s and Women’s Toilet Rooms
(1) The door coat hook in the designated accessible stall in each room is located 66 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
17. Within 18 months of the effective date of this Agreement, the City will complete the following modifications to the Police Prue Road Substation:
a. Service Counters
(1) The top of the Information service counter is 44 inches above the finish floor. Modify the service counter so that a portion of the counter at least 36 inches wide has a counter surface no more than 36 inches above the finish floor. Standards § 7.2.2.
b. Men’s and Women’s Toilet Rooms
(1) The toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet room doors for each room have knob hardware. Replace the know hardware with hardware that is easy to grasp and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.9, 4.22.2.
(3) The force needed to open each toilet room door is greater than 5 pounds. Check and adjust the toilet room doors and closers so that the force required to open the door is not more than 5 pounds. Standards §§ 4.1.3(7), 4.1.3(11), 4.13.11(2)(b), 4.22.2.
(4) The designated accessible toilet stall in each toilet room is 39 inches wide. In each toilet room provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(5) The lavatory in the each toilet room has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
(6) The door coat hook in the toilet stall in the women’s toilet room is located 59 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(18), 4.25.3, 4.2.5, 4.2.6.18. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Municipal Plaza Building:
a. City Council Chambers
(1) The force needed to open the City Council Chambers entrance door is greater than 5 pounds. Adjust the City Council Chambers entrance door and closer so that the force required to open the door is not more than 5 pounds. Standards §§ 4.1.3(7), 4.13.11(2)(b).
19. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Plaza de Armas Building:
a. Signage
(1) There is no signage at the inaccessible rear entrance to the Plaza de Armas building directing persons with disabilities to the accessible entrance at the front of the building. Install a sign at the inaccessible rear entrance of the Plaza de Armas building directing persons with disabilities to the accessible entrance at the front of the building. Standards §§ 4.1.2(7), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
(2) There is no signage designating the front entrance of the Plaza de Armas building as accessible. Install a sign at the front entrance fo the Plaza de Armas building designating it as accessible using the International Symbol of Accessibility. Standards §§ 4.1.2(7), 4.30.7.b. Basement Level Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms are inaccessible. Renovate each toilet room, or provide at least one unisex toilet room, so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, toilet stall (if applicable) and the stall’s elements including size and arrangement, water closet, grab bars, urinal (if provided), lavatory, mirror, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17 & Fig. 30(a), 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.
c. First Floor Men’s and Women’s Toilet Rooms
(1) The toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet stall in each designated accessible toilet room is 36 inches wide. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(3) The hot water and drain pipes beneath the lavatory in each of the toilet rooms are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(4) The door coat hook in the designated accessible stall in each room is located 66 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.20. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Henry B. Gonzales Convention Center-Lila Cockrell Theater:
a. Accessible Route
(1) Provide at least one accessible route to the backstage of the theater. Standards §§ 4.1.3(1), 4.3, 4.33.5.
b. Spectator Seating
(1) There are no aisle seats with folding or removable armrests. Provide aisle seats with folding or removable armrests dispersed throughout the orchestra level spectator seating area in the Theater. Standards §§ 4.1.2, 4.1.3(19)(a), 4.3, 4.5.
c. Service Counters
(1) The tops of the service counters at the concession stands are 48 inches above the finish floor. Modify a service counter at each concession stand so that a portion of the counter top at least 36 inches wide is no more than 36 inches above the finish floor. Standards § 7.2.2.
d. Orchestra Level Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms are inaccessible. Renovate each toilet room, or provide at least one unisex toilet room, so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, toilet stall (if applicable) and the stall’s elements including size and arrangement, water closet, grab bars, urinal (if provided), lavatory, mirror, controls and dispensers that comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17 & Fig. 30(a), 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.
e. Balcony Level Men’s and Women’s Toilet Rooms
(1) There is no signage at the inaccessible toilet rooms directing persons with disabilities to the accessible toilet rooms at the lobby level of the theater. Install a sign at each toilet room directing persons with disabilities to the accessible toilet rooms at the lobby level. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
f. Mezzanine Level Men’s and Women’s Toilet Rooms
(1) There is no signage at the inaccessible toilet rooms directing persons with disabilities to the accessible toilet rooms at the lobby level of the theater. Install a sign at each toilet room directing persons with disabilities to the accessible toilet rooms at the lobby level. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
g. Backstage Unisex Toilet Room
(1) The toilet room does not have the required signage. Install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet room entrance doorway is 29 inches wide. Modify the entrance doorway, so that there is a clear opening of 32 inches with the door open at 90 degrees. Standards §§ 4.1.3(7)(b), 4.13.5 & Fig. 24.
(3) The toilet room door has knob hardware. Replace the door knobs with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7)(b), 4.13.9.
(4) The rear grab bar in the toilet room is not compliant. Provide a rear grab bar in each accessible stall that is at least 36 inches long mounted between 33 and 36 inches above the finish floor, so that the end closer to the side wall is no more than 6 inches from that wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 29(a).h. Backstage Drinking Fountain
(1) The spout outlet of the drinking fountain is 40 inches above the finish floor. Provide a drinking fountain that is accessible to a person in a wheelchair with a spout no more than 36 inches above the finish floor and a fountain that is accessible to those who have difficulty bending and stooping. Standards §§ 4.1.3(10), 4.15.
i. Dressing Room Level Signage
(1) None of the dressing rooms is accessible. Install a sign outside the elevator on the dressing room level directing individuals to the designated accessible unisex dressing room. Standards §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
j. Designated Accessible Unisex Dressing Room
(1) The designated accessible unisex dressing room does not have the required signage. Install signage on the wall adjacent to the latch side of the door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The dressing room toilet stall door has knob hardware. Replace the door knobs with door hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7)(b), 4.13.9.
(3) The designated accessible toilet room in the unisex dressing room is 38 inches wide. Modify the toilet room so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, water closet grab bars, lavatory, mirror, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.
(4) The designated accessible stall in the men’s toilet room is 43 inches wide. Provide a "standard" accessible toilet stall in the men’s toilet room that is at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(5) The shower stall in the dressing room has a 5 inch curb at the entrance to the shower stall; there are no grab bars; the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; the shower head is fixed; and clear floor space extending 12 inches beyond the seat wall is not provided. Provide an accessible shower stall in the dressing room that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.21. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to Brackenridge Park-Tea Pagoda:
a. Accessible Route
(1) The Tea Pagoda is not accessible from the accessible parking because the ramp provided does not comply with the Standards. Provide at least one accessible route connecting the accessible parking with the Tea Pagoda. Standards §§ 4.1.2(1), 4.3.
b. Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The door coat hook in the designated accessible stall in each room is not compliant. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
(3) The flush valve handle in each toilet room is located on the "narrow" side of the toilet stall. Reposition the flush valve handle to the "wide" side of the toilet stall or install an automatic flushing device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5.22. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Brackenridge Park-Koehlar Area Toilet Room Facility:
a. Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible stall in each toilet room is not compliant. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.23. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Lions Field Adult Center:
a. Old Wing Men’s and Women’s Toilet Rooms
(1) Each of the two sets of men’s and women’s toilet rooms in the Old Wing of the building is inaccessible. Renovate each toilet room, or provide at least one unisex toilet room, so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, toilet stall (if applicable) and the stall’s elements including size and arrangement, water closet, grab bars, urinal (if provided), lavatory, mirror, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17 & Fig. 30(a), 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.
24. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to Richard Cuellar Park:
a. Parking
(1) There is no signage designating the van-accessible parking space. Install signage designating the van-accessible space as "van-accessible," mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4, 4.30.7.
b. Bathhouse
(1) The men’s and women’s shower rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) There is a 1 1/2 inch abrupt change in level at the entrance to the swimming pool from the bathhouse. Alter this area so that the transition is no more than 1/2 inch, beveled with a slope no greater than 1:12. Standards §§ 4.1.3(3), 4.5.2, 4.8.2.
(3) The designated accessible toilet stall in each shower room is not compliant. Provide a "standard" accessible toilet stall in each shower room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.23, 4.26, 4.27.
(4) None of the showers in the men’s and women’s shower rooms is compliant: the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; the shower head is fixed; and clear floor space extending 12 inches beyond the seat wall is not provided. Provide an accessible shower stall in each of the shower rooms that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.c. Exterior Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) There is inadequate maneuvering clearance in the interior of each toliet room exterior doorway. Provide the required maneuvering clearances on each side of the entrance doorway to each toilet room. Standards §§ 4.1.3(7), 4.13.6 & Fig. 25.
(3) The designated accessible toilet stall in each toilet room is not compliant. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(4) The hot water and drain pipes beneath the lavatory in each of the toilet rooms are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.d. Community Center Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is 42 inches wide and 56 inches deep. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(3) The hot water and drain pipes beneath the lavatory in each of the toilet rooms are not insulated or configured to protect against contact. Insulate the hot water and drain pipes to protect against contact in a manner consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.25. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to Monterey Park:
a. Accessible Route
(1) No accessible route is provided from the accessible parking to the accessible entrance to the bathhouse. Provide at least one accessible route from the accessible parking spaces to the bathhouse. Standards §§ 4.1.2(1), 4.3.
b. Bathhouse
(1) The men’s and women’s toilet and shower rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is 37 inches wide and 56 inches deep. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(3) None of the showers in the shower area in the men’s shower room complies with the Standards: there are no grab bars; the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; and the shower head is fixed. Provide an accessible shower stall in the men’s shower room that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.
(4) None of the shower stalls in the women’s shower room comply with the Standards: there are no grab bars; the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; the shower head is fixed; and clear floor space extending 12 inches beyond the seat wall is not provided. Provide at least one accessible shower stall in the women’s shower room that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.c. Picnic Area
(1) The picnic tables in the picnic area near the playground are inaccessible to persons who use wheelchairs. Provide picnic tables in a number equal to 5 percent of the total, but not less than one, that have an eating surface between 28 and 34 inches above the finish floor and provide sufficient knee clearance to be used by persons who use wheelchairs. Standards §§ 4.1.3(18), 4.32.
26. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to O.P. Schnable Park:
a. Table Area
(1) The chess tables in the table area near the playground are inaccessible to persons who use wheelchairs. Provide chess tables in a number equal to 5 percent of the total, but not less than one, that have a playing surface between 28 and 34 inches above the finish floor and provide sufficient knee clearance to be used by persons who use wheelchairs. Standards §§ 4.1.3(18), 4.32.
b. Graff Pavilion Men’s and Women’s Toilet Rooms
(1) The door coat hook in the designated accessible stall in each room is mounted 66 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 approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
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 following actions.
27. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the San Fernando Gym:
a. Accessible Route
(1) No accessible route is provided to the second level of the building because there are stairs but no accessible means of vertical access. Install an elevator or platform lift that provides access to the second level of the building and complies with all relevant provisions of the Standards. Standards §§ 4.1.3(1), 4.1.3(5), 4.3.8, 4.5.2, 4.10, 4.11.
b. Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is not compliant. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.28. Within 18 months of the effective date of this Agreement, the City will complete the following modifications to the Brackenridge Park-Sunken Gardens Theater:
a. Accessible Route
(1) There is no accessible route from the accessible parking spaces to the accessible entrance to the Sunken Gardens Theater. Provide at least one accessible route connecting the accessible parking spaces to the accessible entrance to the Theater. Standards §§ 4.1.2(1), 4.3.
b. Spectator Seating
(1) There are no designated accessible seating areas in the Sunken Gardens Theater. Provide wheelchair locations dispersed throughout the spectator seating area, in a number equal to one percent plus one of the total number of all seating locations in the Theater, that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat next to each wheelchair seating location, provide individuals seated in wheelchairs with ticket prices and lines of sight comparable to those provided the general public, including a line of sight over standing spectators if the Theater hosts events where people in the audience stand during performances, and comply with all other provisions of the Standards. Standards §§ 4.1.2, 4.1.3(19)(a), 4.3, 4.5, 4.33.
c. Service Counters
(1) The tops of the service counters are 48 inches above the finish floor. Modify each of the service counters so that a portion of the counter top at least 36 inches wide is no more than 36 inches above the finish floor. Standards § 7.2.2.
d. Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is not compliant. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.29. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Brackenridge Park-Parks and Recreation Office:
a. Accessible Route
(1) There is no accessible route from the accessible parking spaces to the accessible entrance to the Parks and Recreation Office. Provide at least one accessible route connecting the accessible parking spaces to the accessible entrance to the Theater. Standards §§ 4.1.2(1), 4.3.
(2) No accessible route is provided to the upper levels of the building because there are stairs but no accessible means of vertical access. Install an elevator or platform lifts that provide access to the upper levels of the building and comply with all relevant provisions of the Standards. Standards §§ 4.1.3(1), 4.1.3(5), 4.3.8, 4.5.2, 4.10, 4.11.b. Men’s and Women’s Toilet Rooms
(1) There are no accessible toilet rooms provided in the building. Modify each toilet room so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, toilet stall (if applicable) and the stall’s elements including size and arrangement, water closet, grab bars, urinal (if provided), lavatory, mirror, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17 & Fig. 30(a), 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.
30. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to the Woodlawn Lake Park-Gym:
a. Parking
(1) There are an insufficient number of accessible parking spaces provided. Provide at least 7 accessible parking spaces, 6 of which should be 96 inches wide each with an adjoining access aisle that is at least 60 inches wide and one space that is 96 inches wide with an adjacent 96 inch wide access aisle designated as "van-accessible". Install a sign for each accessible parking space identifying the space as accessible and reserved with the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space and install an additional sign designating the "van-accessible" space mounted below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6 & Fig. 9, 4.30.7.
b. Spectator Seating
(1) Provide wheelchair locations dispersed throughout the spectator seating area, in a number equal to one percent plus one of the total number of all seating locations in the gym, that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat next to each wheelchair seating location, provide individuals seated in wheelchairs with ticket prices and lines of sight comparable to those provided the general public, including a line of sight over standing spectators if the gym hosts events where people in the audience stand during performances and comply with all other provisions of the Standards. Standards §§ 4.1.2, 4.1.3(19)(a), 4.3, 4.5, 4.33.
c. Men’s and Women’s Toilet Rooms
(1) There is no accessible route to the existing toilet rooms. Provide at least one accessible route connecting the accessible entrance to each of the men’s and women’s toilet rooms. Standards §§ 4.1.3(1), 4.3, 4.5.
(2) The men’s and women’s toilet rooms are not accessible. Modify each toilet room so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, toilet stall (if applicable) and the stall’s elements including size and arrangement, water closet, grab bars, urinal (if provided), lavatory, mirror, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17 & Fig. 30(a), 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.d. Men’s and Women’s Shower Rooms
(1) There is no accessible route to the existing men’s and women’s shower rooms. Provide at least one accessible route connecting the accessible entrance to each of the men’s and women’s shower rooms. Standards §§ 4.1.3(1), 4.3, 4.5.
(2) There is no accessible shower stall in the men’s and women’s shower rooms. Provide at least one accessible shower stall in both the men’s and women’s shower rooms that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.e. Drinking Fountain
(1) The spout outlet of the drinking fountain in the gym is 40 inches above the finish floor. Provide a drinking fountain that is accessible to a person in a wheelchair with a spout no more than 36 inches above the finish floor and a fountain that is accessible to those who have difficulty bending and stooping. Standards §§ 4.1.3(10), 4.15.
31. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to the Woodlawn Lake Park-Mental/Physical Disabilities Center:
a. Accessible Route
(1) There is no accessible route from the street to the accessible entrance of the Mental/Physical Disabilities Center. Provide at least one accessible route connecting the street to the accessible entrance to the Center. Standards §§ 4.1.2(1), 4.3.
32. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to Elmendorf Park:
a. Parking
(1) There are an insufficient number of "van-accessible" parking spaces provided. Provide at least one additional "van-accessible" parking space that is 96 inches wide with a 96 inch wide access aisle located on the shortest accessible route to an accessible entrance. Install an additional sign designating the space as "van-accessible" mounted below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6 & Fig. 9, 4.30.7.
b. Accessible Route
(1) There is no accessible route from the accessible parking spaces and the street to the accessible entrance of the bathhouse and swimming pool. Provide at least one accessible route connecting the accessible parking spaces and the street to the accessible entrance to the bathhouse and swimming pool. Standards §§ 4.1.2(1), 4.3.
c. Swimming Pool
(1) There is no accessible route connecting the swimming pool with the bathhouse. Provide at least one accessible route connecting the swimming pool with the bathhouse. Standards §§ 4.1.2(2), 4.3.
(2) The entrance gate to the fence surrounding the pool is 23 inches wide. Provide an entrance gate with a clear opening at least 32 inches with the gate open 90 degrees. Standards §§ 4.1.3(7), 4.13.5.d. Bathhouse
(1) There is inadequate maneuvering space on the inside of the exterior doorway in the bathhouse leading to the swimming pool deck. Modify the doorway to provide maneuvering clearance on both sides of the door as required by the Standards. Standards § 4.13.6 & Fig. 25.
(2) The men’s and women’s toilet rooms inside the bathhouse are not accessible. Modify each toilet room so that the space and elements, including the room identification signage, entry door, door hardware, clear floor space, turning space, accessible route, toilet stall (if applicable) and the stall’s elements including size and arrangement, water closet, grab bars, urinal (if provided), lavatory, mirror, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17 & Fig. 30(a), 4.18, 4.19 & Figs. 31, 32, 4.22, 4.26, 4.27, 4.30.
(3) None of the showers in the men’s shower room complies with the Standards: there are no grab bars; the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; and the shower head is fixed. Provide an accessible shower stall in the men’s shower room that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.
(4) None of the shower stalls in the women’s shower room complies with the Standards: there are no grab bars; the controls require tight grasping, pinching or twisting of the wrist to operate and are incorrectly located; there is no seat on the wall opposite the control wall; the shower head is fixed; and clear floor space extending 12 inches beyond the seat wall is not provided. Provide at least one accessible shower stall in the women’s shower room that complies with all relevant provisions of the Standards. Standards §§ 4.1.3(11), 4.21 & Fig. 35, 36, 4.23.8.e. Public Telephone
(1) The public telephone in the lobby does not comply with the Standards. Provide a public telephone that has hearing aid compatibility, is identified as having volume control, and has its highest operable part not more than 54 inches above the finish floor for a side approach or 48 inches above the finish floor for a forward approach. Standards §§ 4.1.3(17), 4.31, 4.2.6, 4.2.5.
33. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Police South-Mayfield Road Substation:
a. Service Counter
(1) The Information service counter is not compliant. Modify the service counter so that a portion of the counter top at least 36 inches wide is no more than 36 inches above the finish floor. Standards § 7.2.2.
b. Public Telephone
(1) The public telephone located near the entrance is not accessible because there is a table blocking the accessible route to the telephone. Reposition or remove the table to provide an accessible route to the telephone. Standards §§ 4.1.3(1), 4.3.
c. Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is 40 inches wide. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(3) The lavatory in the each toilet room has twist-type faucet controls. Replace them with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
(4) The door coat hook in the designated accessible stall in each room is not compliant. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.34. Within 18 months of the effective date of this Agreement, the City will complete the following modifications to the Police East-E. Houston Street Substation:
a. Service Counter
(1) The Information service counter is not compliant. Modify the service counter so that a portion of the counter top at least 36 inches wide is no more than 36 inches above the finish floor. Standards § 7.2.2.
b. Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is not compliant. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(3) The lavatory in the each toilet room has twist-type faucet controls. Replace them with faucet controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
(4) The door coat hook in the designated accessible stall in each room is not compliant. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.35. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Police North-Jones Maltsberger Road Substation:
a. Service Counter
(1) The Information service counter is not compliant. Modify the service counter so that a portion of the counter top at least 36 inches wide is no more than 36 inches above the finish floor. Standards § 7.2.2.
b. Men’s and Women’s Toilet Rooms
(1) The men’s and women’s toilet rooms do not have the required signage. Install signage on the wall adjacent to the latch side of each door positioned so that the centerline of each sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. The signage should have raised and Braille characters and letters and all other attributes required by the Standards. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in each toilet room is not compliant. Provide a "standard" accessible toilet stall in each toilet room at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) configured so that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(3) The lavatory in the each toilet room has twist-type faucet controls. Replace them with faucet controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
(4) The door coat hook in the designated accessible stall in each toilet room is not compliant. Provide a coat hook that is no more than 54 inches above the finish floor for a side approach or, if that is not available, 48 inches above the finish floor for a front approach. Standards §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
IMPLEMENTATION AND ENFORCEMENT
36. Except as otherwise specified in this Agreement, at 90 and 180 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.
37. 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, or it may initiate appropriate steps to enforce the Rehabilitation Act.
38. 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.
39. 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 from the Department as 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, may declare the Agreement null and void and file suit to enforce Title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the City.
40. 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 upon request.
41. 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.
42. This Agreement will remain in effect for three 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, whichever comes later.
43. The effective date of this Agreement is the date of the last signature below.
44. The person signing for the City of San Antonio, Texas represents that he is authorized to bind the City to this Agreement.
| For the City: | For the United States: |
__________________________ MAYOR, EDWARD D. GARZA City of San Antonio, TX CityHall Office P.O. Box 839966 San Antonio,Texas 78283-3966 Date __December 27, 2001______ |
RALPH F. BOYD, JR. Assistant Attorney General for Civil Rights By:__________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY, Deputy Chief NAOMI MILTON, Supervisory Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date __January 30, 2002_____________ |
NOTICE
UNDER THE
AMERICANS WITH
DISABILITIES ACT
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of San Antonio (City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, activities, or employment practices.
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 sponsoring Department, Office, or Community Services at 311(V/TTY) as far in advance as possible but no later than 48 hours before the scheduled event.
The City can be reached by telecommunications devices for the deaf (TTY) at 311 and also through the Texas Relay Service at 1-800-735-2989 (TTY).
Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to the Disability Access Office at 210-207-7245 (V/TTY) or the sponsoring City Office, or Department. Most City Departments have listed (TTY) numbers.
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.
October 2001
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June 10, 2002