SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF SEWARD, NEBRASKA

DEPARTMENT OF JUSTICE NUMBER 204-45-57

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Settlement Agreement | Department of Justice Press Releases

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice (“Department") initiated this matter as a compliance review of the City of Seward, Nebraska, (“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 § 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 regulations (28 C.F.R. Part 35), 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 regulations, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply 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. § 35.150, by:
  

• delivery of services, programs, or activities in alternate ways, including, for example, design 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 be made by January 26, 1995), 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");
  

• 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;
  
  
• where the City communicates by telephone, to communicate through a telecommunica-tions device for the deaf (“TDD”), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
  
  
• to provide direct access via TDD or computer to telephone emergency services, including 911 services, for persons who use TDD’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);
  
  
• 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).

The Department limited its program access review to those of the City's programs, services, and activities that operate in the facilities listed in Attachment A, as well as its polling place. Of those facilities, the Lied Senior Center, constructed in 1997, constitutes new construction commenced after January 26, 1992.

B. JURISDICTION

1. The ADA applies to the City because it is a “public entity" as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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.

3. The Department is also authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with § 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, 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.

C. ACTIONS TAKEN BY THE CITY

4. The City conducted a self-evaluation in 1992 to comply with the ADA. An advisory committee from Lincoln, Nebraska, the League of Human Dignity, a disability advocacy group that included individuals with disabilities, assisted the City in these endeavors. The self-evaluation was updated on December 21, 1998.

5. In its self-evaluation, the City took steps to review its employment policies to ensure compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application and are prohibited in the interview process. The City recognizes its obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment.

6. The City drafted an “ADA Transition Plan" in 1992 in conjunction with the League of Human Dignity. The planning process involved a survey team of individuals, including those with disabilities. The plan was done with a survey form and a walk-through tour of every City facility that is open to the public. On April 1, 1999, the City updated the Transition Plan. The update included a review of the proposed improvements that were projected in the original 1992 plan and the establishment of goals for completing unfinished activities.

7. The City, in 1995, became the first city in Nebraska to be designated a Model Americans with Disabilities Act Community. The City has been recognized by the League of Human Dignity for making great strides toward its accessibility for all its citizens, including completing a transition plan for city government, adding a ramp and improving accessibility in their City Hall, and installing a TDD in their community police department.

8. The City, in conjunction with the League of Human Dignity, as part of the ADA Model Community Project, has provided information on the spirit and intent of the Americans with Disabilities Act and disability awareness training to members of the Seward community, community leaders, officials and local government, schools, employers, businesses and citizens with disabilities.

9. The City publishes its job announcements, which include commitments to equal opportunity and the availability of reasonable accommodations, in the local newspaper. The City routinely announces the availability of accommodations and auxiliary aids and services for individuals with physical or sensory disabilities in its “Notices of Meetings," which are disseminated before every public meeting conducted in the City. The bulletin board in City Hall prominently posts official notice of the nondiscrimination provisions of the ADA and the City's obligations to comply.

10. The City named an ADA Coordinator to oversee its compliance with the requirements of title II. Daniel A. Berlowitz, City Administrator, has held this position since 1992.

11. A grievance procedure covering any City action that would be prohibited by the ADA is in effect. The procedure is published in city documents and on the City Hall bulletin board.

12. The City has a TDD for communicating with members of the public who have hearing or speech impairments. The Seward Police Department, located in City Hall, is equipped with TDD equipment. The City publishes the telephone number for Seward citizens with hearing and/or speech impairments to access city police, fire, and rescue services.

13. Emergency 9-1-1 services are provided by the Seward County Sheriff's Department, which has a computer console with TDD capability at each operator's station.

14. The City has been part of a video presented to President Clinton and Congress in honor of the fifth anniversary of the passage of the ADA in July, 1995, produced by the National Council on Disability as part of its 50 state Town Meeting tour.

15. The City has required all of its employees to attend informational meetings on the Americans with Disabilities Act and disability awareness.

16. The parties to this Agreement are the United States of America and the City of Seward, Nebraska. In order to avoid the burdens and expenses of further investigation and possible litigation, and without the admission of any liability, the parties hereby agree as follows.

REMEDIAL ACTION

17. 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 regarding paragraphs 18-41, below, except as provided in paragraphs 44 and 46.

18. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the 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. 28 C.F.R. §§ 35.150(b)(1), 35.151. This Agreement is not an admission by the City that the Standards are valid or enforceable in whole or in part. The Standards appear at 28 C.F.R. Part 36, Appendix A. All cites below are to the Standards, unless otherwise noted.

19. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by execution of this Settlement Agreement. This Agreement shall not constitute an adjudication and/or finding on the merits of the case, and shall not be used as evidence of liability, res judicata, or collateral estoppel in any other legal proceeding against the City.

A. POLLING PLACE

20. All local voting programs, both City and County-wide, are administered and operated by Seward County and conducted at the Seward County Agricultural Pavilion, which is not owned or leased by the City. The Pavilion is subject to the program access requirements of title II and Section 504. Within 3 months of the effective date of this Agreement, the City will meet with County officials to inform them of the results of the compliance review as regards the Pavilion. Those results being that the only accessible parking space provided at the Pavilion is not van accessible and that the parking space should have a 96 inch wide access aisle and a sign installed designating the space as “van accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space.

B. POLICIES AND PROCEDURES

21. Within 30 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment B) to all agency heads and will 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.

22. Within 90 days of the effective date of this Agreement, the City will modify its Personnel Manual as follows:

a. Amend § 2.1(a) to reflect that the City will make an individualized assessment of whether a qualified individual with a disability meets hiring criteria and, to the extent its selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

b. Amend § 2.1(b) to reflect that applicants must be physically fit to perform the essential functions of the position at issue, with or without reasonable accommodations for qualified persons with a disability.

c. Amend § 2.2 to reflect that an applicant may be required to submit to a medical examination only after a conditional offer of employment and only if the examination is required of all applicants for the position; that if the examination disqualifies an individual because of disability, the examination standards shall be job-related and consistent with business necessity; and that an employee's medical records will be retained separate from personnel files and kept confidential in compliance with the regulations of the U.S. Equal Employment Opportunity Commission.

d. Amend § 2.7 to reflect that the City 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.

23. Within 90 days of the effective date of this Agreement, the City will identify vendors that produce Braille documents and will develop written procedures, with time frames, for fulfilling requests from the public for qualified sign language interpreters, documents in alternate formats (Braille, large print, cassette tapes, etc.), and other auxiliary aids and services.

C. SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES

24. Within six months of the effective date of this Agreement, the City will conduct a survey of its facilities and will provide signage at all inaccessible locations directing users to an accessible entrance or the location at which they can obtain information about accessible features. The International Symbol for Accessibility shall be used at each accessible entrance of a facility unless all of that facility’s entrances are accessible. § 4.1.2(7)(c), 28 C.F.R. § 35.163(b).

D. CITY TELEPHONE COMMUNICATION

25. The City has one TDD for administrative calls in the Police Department. It is used by other City offices to communicate with individuals with hearing or speech impairments.

a. Within 90 days of the effective date and for the life of this Agreement, the City will publicize its TDD number on the same basis as its voice numbers. Within nine months of the effective date of this agreement or until current supplies are exhausted, whichever occurs first, the City will publish the TDD number on the letterhead and business cards of the City and its departments.

b. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TDD and the Nebraska Relay Service to make and receive calls, as appropriate, and that any TDD's are maintained in good working order through test calls every six months for the life of this Agreement.

E. PROGRAM ACCESS

26. With the exception of accessible parking in front, Dowding Swimming Pool in Moffitt Park is inaccessible to persons with mobility impairments (entrance to bath house, routes within and through bath house to pool deck, changing rooms, toilet rooms, and lockers). Within 12 months of the effective date of this Agreement, the City will submit a plan to the Department giving its solution to this deficiency. The plan will contain time frames for making its swimming program accessible to persons with mobility impairments, by renovating the current facility, adding an accessible bath house on an accessible route, or constructing a second, accessible swimming facility no later than 36 months of the effective date of this Agreement.

27. The City currently provides tours of the Waste Water Treatment Plant. If the City continues to offer this program, it will provide the tour in a format that is accessible to people with disabilities.

F. PHYSICAL CHANGES

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

28. The site and architectural plans for the newly approved Public Library will be submitted to the Department for review within 30 days of their completion. The Department will review the drawings for conformity to the ADA Standards for Accessible Design and provide the City with a list of non-conforming items found on the plans within 60 days of receipt or any such objections by the Department will be waived. The City will complete construction of the Library in compliance with the Standards within three years of receipt of the Department’s comments.

29. The City will make the following modifications to the Lied Senior Center within 36 months of the effective date of this Agreement:

a. The signs designating the accessible parking spaces as reserved are located low to the ground. Reposition the signs so that each cannot be obscured by a vehicle parked in the space. § 4.6.4. Also, the access aisles are not marked for most of the spaces and the aisle that is marked has the curb ramp projecting into it so it is not level. Demarcate the access aisles and relocate the curb ramp. § 4.6.3.

b. Men's and Women's Toilet Rooms

i. The room identification signage is incorrectly mounted. Provide a sign, with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The designated accessible toilet stalls contain the following non-compliant elements: the stalls are 361/2 inches wide; there are no rear grab bars; the centerline of the toilet is located 19 inches from the side wall (women's); and the toilet paper dispensers interfere with the use of the grab bar. Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) in each restroom such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.22, 4.16, 4.17.3 and Fig. 30, 4.26, 4.27.

iii. As an alternative to remodeling the Men’s and Women’s Toilet Rooms, the City may provide a unisex toilet room complying with the Standards.

30. The City will make the following modifications to the toilet room facilities it maintains at County Fairgrounds Park within eighteen months of the effective date of this Agreement:

a. Men's and Women's Toilet Rooms

i. There is no room identification signage at these rooms. Provide a sign at each room, with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The coat hook is located 66-68 inches above the finish floor. Provide a hook in each room that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.

iii. The location of the toilet paper dispenser interferes with the use of the side grab bar. Remount or replace the dispenser with one that is located below the grab bar so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches to the centerline of the roll from the finish floor. § 4.17.3, Fig. 30(d).

iv. The centerline of the toilet is located 20 inches from the side wall. Locate the toilet or adjust/add to the adjacent wall so that the centerline is exactly 18 inches from the side wall, keeping the stall the required width. § 4.17.3, Fig. 30(a).

v. The paper towel dispenser in the women's room is located 50 1/2 inches above the finish floor and between two lavatories. Remount the dispenser so that it is no more than 48 inches above the finish floor for a forward reach and relocate the trash can so it is not in the clear floor space of the paper towel dispenser. §§ 4.27.3, 4.2.5, Fig. 5(b).

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 by individuals with disabilities to the maximum extent feasible, the City will take the following actions.

31. The City will make the following modifications to City Hall within 30 months of the effective date of this Agreement, except where otherwise noted:

a. The space between the wall and the adjacent handrail on the exterior ramp exceeds 1 1/2 inches. When alterations are needed to the current handrail for maintenance purposes, the handrail will be reinstalled 1 1/2 inches from the adjacent wall. This will occur no later than 30 months of the effective date of this Agreement. §§ 4.1.6(1)(b), 4.1.2(1), 4.3.7, 4.8, Fig. 17.

b. The public telephone in the lobby is not accessible. The City will request the appropriate telephone company to provide a public telephone in the lobby with hearing aid compatibility and volume control, and the City will ensure that there is signage showing a handset with radiating sound waves mounted at the correct height. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.30.7(2). If the telephone company refuses to make these changes, the City will inform the Department of Justice.

c. Designated Accessible Unisex Toilet Room in Police Department

i. The coat hook is mounted 65 inches above the finish floor. Provide a coat hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

ii. The cup dispenser is mounted 61 1/2 inches above the finish floor over an obstruction. Provide a cup dispenser that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.4, 4.2.5, 4.2.6. (If the cup dispenser remains in the same location, then it would have to be lowered to 48 inches if the sink is less than 20 inches deep, or 44 inches if the sink is 20-25 inches deep.)

iii. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

iv. The length of the rear grab bar is 31 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the sidewall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(a).

v. There is a cabinet 27 inches in front of the lavatory. Remove or relocate the cabinet to provide a clear floor space of 30 inches by 48 inches at the lavatory per Figure 32. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.3.

d. The City Hall office has a double-leaf door and each of the leaves is less than 32 inches wide. Provide one door leaf with a minimum clear opening of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. § 4.13.4.

e. The “drop box” outside the City Hall office is inaccessible. The City has a current policy of accepting payments and applications from persons with disabilities in person during office hours; however, because staff is not available after hours, persons with disabilities who wish to leave payments at night are unable to do so. Within six months of the effective date of this Agreement, the City will develop an after hours drop off system for accepting utility payments and recreation registrations and will publicize this new drop off system. §§ 4.1.3(13), 4.27.2, 4.2.4.

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 individuals with disabilities and meets the requirements of the title II regulation and the Standards, the City will take the following actions.

32. The City will make the following modifications to the Bandshell within 12 months of the effective date of this Agreement:

a. The Bandshell has no assistive listening system available. Portable assistive listening devices, in a number equal to 4% of the total number of seats but no less than 2 devices, will be available and will be provided in the Bandshell seating area upon advance request per published City procedures, and signage indicating the availability of listening devices will be provided. §§ 4.1.3(19)(b), 4.30.7(4) and Fig. 43(d), 4.33.

b. There are no established wheelchair locations that ensure people with disabilities have lines of sight comparable to those for members of the general public, nor provision for companion seats. The City will establish wheelchair locations and companion seating in compliance with the Standards. §§ 4.1.3(19)(a), 4.33.2, 4.33.3., 4.33.4.

33. The City will make the following modifications to the Public Library within 12 months of the effective date of this Agreement:

a. The City will inform the private business now operating the ramp leading into the building of the results of the Department’s compliance review as regards the ramp. Those results being that the ramp lacks handrails on both sides and edge protection. Standards §§ 4.8.5(1), 4.8.7.

b. Accessible Unisex Toilet Room

i. The room identification signage is incorrectly mounted. Provide a sign, with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The length of the rear grab bar is 27 1/2 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.22.4, 4.16.4, Fig.29(a).

iii. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. §§ 4.22.6, 4.19.4.

c. The spout outlet on the drinking fountain is 38 1/2 inches above the finish floor. Install a drinking fountain with a spout outlet no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no lower than 15 inches and no higher than 48 inches from the finish floor. §§ 4.15.2 and Fig. 27(a), 4.27.3, 4.2.5.

34. The City will make the following modifications to the Municipal Building within one year of the effective date of this Agreement:

a. There is a 1 inch threshold at the entry door. Alter the threshold so that it is no more than 1/2 inch and is beveled with a slope no greater than 1:2. § 4.13.8.

b. There are hinged doors in a series leading from the street through the vestibule; the distance from the leading edge of the open vestibule door to the face of the exterior door is 36 inches. An exterior doorbell will be installed and City personnel will assist persons with disabilities into the Municipal Building. Signage will be added at this entrance to inform persons of available assistance. § 4.13.7.

c. The spout outlet on the drinking fountain outside the Council Chambers is 40 1/2 inches above the finish floor. Install a drinking fountain with a spout outlet no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no lower than 15 inches and no higher than 48 inches from the finish floor. § 4.15.2 and Fig. 27(a), 4.27.3, 4.2.5.

d. The City Council Chamber has no assistive listening system available. Portable assistive listening devices, in a number equal to 4% of the total number of seats but no less than 2 devices, will be available and will be provided at the Municipal Building upon advance request per published City procedures, and signage indicating the availability of a listening system will be provided. §§ 4.1.3(19)(b), 4.30.7(4) and Fig. 43(d), 4.33.

e. The length of the rear grab bar in the accessible unisex toilet room is 31 1/2 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Also provide a toilet paper dispenser in this toilet room that is mounted at the correct height and location. §§ 4.22.4, 4.16.4, Fig.29(a).

35. The entrance doors to the holding cells in the Seward County Sheriff’s Department, which are used by the City, have a clear opening width of 25 inches. Within 90 days of the effective date of this Agreement, the City will meet with officials of the Seward County Sheriff’s Department to inform them of the results of the Department’s compliance review as regards the holding cells. Those results being that the County’s holding cells are inaccessible and that contingency plans are necessary to accommodate detainees with mobility impairments.

36. The City will make the following modifications to the Civic Center within 36 months of the effective date of this Agreement. The modifications apply to the addition (“Addition”) to the Center, constructed in 1977, or the original Center (“Original Building”), constructed in 1954.

Addition (“Front" of Civic Center)

a. The accessible entrance at the front side of the Center lacks directional signage. Provide signage to the accessible entrance at the front side. Also ensure that the transition from the walkway to the door is smooth and that the change in level is no greater than 1/2 inch. § 4.13.8, 28 C.F.R. § 35.163(b).

b. The designated accessible parking space in front of the Center lacks an access aisle and is served by a curb ramp that does not comply with the Standards. Provide at the front parking space a level access aisle and a compliant curb ramp cut into the sidewalk so it does not extend into the access aisle. §§ 4.1.2(5)(b), 4.6.3.

c. The spout outlet on the drinking fountain en route to the auditorium is 39 1/2 inches above the finish floor. Install a drinking fountain with a spout outlet no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no lower than 15 inches and no higher than 48 inches from the finish floor. § 4.15.2 and Fig. 27(a), 4.27.3, 4.2.5.

d. The public telephone en route to the auditorium is not accessible. The City will request the appropriate telephone company to provide a public telephone in the lobby with hearing aid compatibility and volume control, and the City will ensure that there is signage showing a handset with radiating sound waves mounted at the correct height. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.30.7(2). If the telephone company refuses to make these changes, the City will inform the Department of Justice.

e. Wheelchair seating in the auditorium is inaccessible. It does not appear possible to have wheelchair seating locations in the rear of the auditorium and there are no fixed companion seats anywhere in the auditorium. The area of the auditorium in front of the railing is not an integral part of the seating plan and has no companion seating. Provide wheelchair seating areas in the auditorium that comply with the Standards. § 4.33.3.

f. Men's and Women's Toilet Rooms

i. The room identification signage is incorrectly mounted on the door, and there is a third sign on the wall to the right of the men's room that could be read to indicate that the room is unisex. Remove the third sign. Provide a sign at each of the rooms, with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The toilet rooms have the following non-compliant elements: the designated accessible stall door has a clear opening width of 30 inches; the stall is 39 inches wide; there is no rear grab bar; the side grab bar extends less than 52 inches from the rear wall; the space between the partition and the side grab bar is 3 inches; the toilet paper dispenser is 41 to 42 inches from the rear wall; the lavatory hot water and drain pipes are not insulated or configured to protect against contact; the coat hooks are too high; and the rim of the urinal in the men’s room is 19 inches above the finish floor. There are two other restrooms nearby, which are accessible. Provide signage at the inaccessible toilet room entrances directing users to the accessible locations, and include the International Symbol of Accessibility at each accessible restroom entrance. §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii).

Original Building (“Rear" of Civic Center)

g. The designated accessible parking space at the designated accessible entrance at the rear of the Center has a sign designating the space as reserved. The sign is too low to the ground and lacks an additional "van-accessible" sign. Install a sign here designating the space as "van-accessible" that is mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

h. The room identification signage is mounted on the door of the accessible unisex toilet room in the basement. Provide a sign, with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

i. The spout outlet on the wall-mounted drinking fountain in the basement is 44 inches above the finish floor and the knee space between the bottom of the apron and the finish floor is 25 inches. Install a drinking fountain with a spout outlet no higher than 36 inches from the finish floor and clear knee space of at least 27 inches, or install cups next to the existing fountain so that they dispense from a point no lower than 15 inches and no higher than 48 inches from the finish floor. §§ 4.15.2 and Fig. 27(a), 4.27.3, 4.2.5.

j. The City will examine the elevator linking the floors in the old building to ensure that it meets the requirements of the Standards for audible up and down tones, emergency phone communication, and Braille floor designations. If these features are not within the required specifications, the City will make appropriate modifications to ensure that the elevator is accessible with respect to these features. §§ 4.10.3, 4.10.5, 4.10.12.

37. The City will make the following modifications to the Fire Station within 18 months of the effective date of this Agreement:

a. The parking in front of the Fire Station lacks a designated van-accessible parking space. Establish a “van-accessible," paved parking space that is in compliance with the Standards and is part of the shortest accessible route to the accessible entrance of the building. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.

b. The entry door to the Fire Station lacks accessible hardware. Install door hardware that has a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching or twisting of the wrist to operate. § 4.13.9.

c. Accessible Women's Toilet Room

i. The men's toilet room is not accessible to persons who use wheelchairs. Convert the women's toilet room into a unisex room and replace the room identification signage accordingly. §§ 4.1.6(3)(e)(i), 4.1.3(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The length of the rear grab bar is 31 inches. Provide a rear grab bar that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.16.4, Fig. 29(a).

iii. The height of the toilet seat is 16 inches. Raise the toilet seat to a height between 17 and 19 inches measured to the top of the seat. § 4.16.3.

iv. The far end of the side grab bar is less than 54 inches from the rear wall. Provide a side grab bar with the far end at least 54 inches from the rear wall and the near end no more than 12 inches from the rear wall. § 4.16.4, Fig. 29(b).

v. The hot water and drain pipes on the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. §§ 4.22.6, 4.19.4.

vi. The lavatory 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. §§ 4.22.6, 4.19.5.

38. The City will make the following modifications at the Municipal Airport within two years of the effective date of this Agreement:

a. There is no accessible parking provided in the gravel parking lot. Establish a “van--accessible," paved parking space that is in compliance with the Standards and is part of the shortest accessible route to the accessible entrance of the building. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.

b. The men's and women's toilet rooms have the following non-compliant elements: the paper towel dispenser is mounted 61 1/2 inches above the finish floor; the hot water and drain pipes are not insulated nor configured to protect against contact; the lavatory has twist-type faucets; the mirror is mounted so that the bottom edge of the reflecting surface is 49 1/2 inches above the finish floor; there is no rear grab bar; the space between the side grab bar and the adjacent wall is 3 1/4 inches; the coat hook is mounted 61 1/2 - 69 1/2 inches above the finish floor; the toilet centerline is 22 inches from the side wall (men's); and the doors have knob hardware. Modify both rooms so that the spaces and elements, including the clear floor space, turning space and accessible route, water closet, grab bars, lavatory, mirror, controls and dispensers, signage, and door hardware, comply with the Standards. If technically infeasible to comply, the installation of at least one unisex toilet room located in the same area as the existing toilets will be permitted in lieu of modifying existing toilets. §§ 4.1.2(7)(d), 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.25, 4.26, 4.27, 4.30, 4.13.9, 4.1.6(3)(e)(i).

c. The public telephone is not accessible. The City will request the appropriate telephone company to provide a public telephone in the facility with hearing aid compatibility and volume control, and the City will ensure that there is signage showing a handset with radiating sound waves mounted at the correct height. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.30.7(2). If the telephone company refuses to make these changes, the City will inform the Department of Justice.

d. The spout outlet on the drinking fountain is 49 inches above the finish floor. Install a drinking fountain with a spout outlet no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no lower than 15 inches and no higher than 48 inches from the finish floor. § 4.15.2 and Fig. 27(a), 4.27.3, 4.2.5.

e. There is a 2 inch change in elevation at the threshold to the entrance door, as well as a depression caused by crumbling concrete on the walkway. Alter this threshold so that the transition from the walkway to the door is smooth and the change in level is no greater than 1/2 inch and is beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing and door maneuvering clearance in front of the doorway. §§ 4.13.8, 4.5.2, 4.8, 4.13.6.

39. The City will make the following modifications to Plum Creek Park within 18 months of the effective date of this Agreement, except where otherwise noted:

a. Parking is provided in three lots throughout the park. The accessible parking spaces lack access aisles, and signage designating them as reserved is painted on the spaces. Provide accessible spaces, including at least one designated van-accessible space at each lot, and signage that comply with the Standards. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.

b. There are six picnic tables within the pavilion, none of which is accessible. Provide an eating surface that can be used by persons who use wheelchairs. Standards §§ 4.32.3, 4.32.4.

c. The public telephone is not accessible. The City will request the appropriate telephone company to provide a public telephone in the facility with hearing aid compatibility and volume control, and the City will ensure that there is signage showing a handset with radiating sound waves mounted at the correct height. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.30.7(2). If the telephone company refuses to make these changes, the City will inform the Department of Justice.

d. Concession Stand

i. The top of the concession counter is 41 inches above the finish floor. Within 60 days of the effective date of this Agreement, develop and promulgate a written policy whereby concession stand personnel will come out of the facility to personally wait on and serve customers with disabilities.

ii. The towel dispensers in the men’s and women’s toilet rooms are inaccessible. Within 60 days of the effective date of this Agreement, the City will provide a towel dispenser in each room that is within the reach range requirements of the Standards. §§ 4.25.3, 4.2.5, 4.2.6.

e. The announcer’s booth at the baseball field is not accessible to people with disabilities. Within 180 days of the effective date of this Agreement, the City will develop a plan that allows persons in wheelchairs to perform the functions of broadcaster/announcer that are now performed in the inaccessible announcer’s booth. This may involve the provision of portable announcing systems or similar accessible features in the event of a request from a person with a physical disability.

f. The walkway through the park slopes steeply on the approach to the footbridge and the transition between the sidewalk and the footbridge also appears to be inaccessible. An accessible route with a running slope greater than 1:20 (rise:run) is a ramp. Ramps are required to have handrails and a maximum slope of 1:12. Within 120 days of the effective date of this Agreement, the City will survey this section of the walkway for compliance with the Standards and provide a report and photographs of the City's findings to the Department. The City will complete any necessary physical modifications to this area within three years of the Department's written response to the City's report. §§ 4.3.7, 4.8 and Fig. 16, 4.26.

g. The toilet stall in each of the men’s and women’s toilet rooms at the picnic area has the following non-compliant elements: the clear opening width of the stall door is 30 inches (Men), 31 inches (Women); the stall width is 36 inches (Men), 37 inches (Women); there is no rear grab bar; the coat hook is 65 1/2 inches (Men), 67 inches (Women) above the finish floor; and the location of the toilet paper in the women's room stall interferes with the use of the side grab bar. Also, the centerline of the toilet is not 18 inches from the adjacent wall. Provide a “standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hook, and controls and dispensers, comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 and Fig. 30, 4.25.3, 4.2.5, 4.2.6, 4.26, 4.27.

Alternatively, convert one toilet room into a single-user, unisex toilet room so that the spaces and elements, including the clear floor space, turning space and accessible route, water closet, grab bars, lavatory, mirror, controls and dispensers, and signage, comply with the Standards. §§ 4.1.6(3)(e)(i), 4.1.2(7)(d), 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.25, 4.26, 4.27, 4.30.

40. The City will make the following modifications to Moffitt Park within 18 months of the effective date of this Agreement:

a. There is no accessible route into the playground. Provide an accessible route from the street into the playground that is stable, firm and slip resistant. §§ 4.3.6, 4.5.

b. The picnic tables at the pavilion are not accessible. Provide an eating surface that can be used by persons who use wheelchairs. §§ 4.32.3, 4.32.4.

c. The toilet rooms in the Boy Scout Building and the Old Pumping House do not comply with the Standards. Restrooms in the Old Pumping House are currently under construction. The City will ensure that the restrooms in the Old Pumping House are constructed in full compliance with the Standards. The restrooms in the Boy Scout Building will be closed.

41. The City operates indoor recreation programs in facilities owned by the Seward Public Schools (“Schools”). The Schools are also under the jurisdiction of federal disability rights laws including title II and Section 504 of the Rehabilitation Act of 1973. Within 90 days of the effective date of this Agreement, the City will meet with Schools officials to inform them of the results of the Department’s compliance review identifying the following facilities where programs are not accessible to persons with disabilities. The City will advise the Schools of these compliance areas as determined by the Department and that the Department requested that the Schools develop a plan, with timeframes, to correct the identified deficiencies and make these facilities readily accessible to, and usable by, persons with mobility impairments. If the Schools do not agree to make the following changes, the City will inform the Department of Justice.

Seward Elementary School

a. The portable unisex toilet on the athletic fields is not accessible. Provide at least one accessible portable toilet, identified by the International Symbol of Accessibility, at each cluster where inaccessible units are provided. § 4.1.2(6)

b. There is no accessible route from the water fountain to the accessible portable toilet or from the toilet to the baseball field. Provide an accessible route from the water fountain to the portable toilet and the baseball field. §§ 4.3.6, 4.5.

c. Boys and Girls Toilet Rooms

i. Coat hooks on the accessible stall doors are 66-67 inches above the finish floor. Provide coat hooks in each room that are not more than 54 inches above the floor for a side reach or not more than 48 inches above the finish floor for a front reach. Standards §§ 4.25.3, 4.2.6.

ii. The mirror in the boys’ room is mounted so that the bottom edge of the reflecting surface is 43 inches above the finish floor. Provide a mirror in each room with the bottom edge of its reflecting surface no higher than 40 inches above the finish floor. § 4.19.6, Fig. 31.

iii. The knee clearance under the lavatory in the boys’ room is 26 1/2 inches. Provide a clearance of at least 29 inches above the finish floor to the bottom of the lavatory apron. § 4.19.2, Fig. 31

Seward Middle School

d. The accessible parking space in the front of the school lacks an access aisle and signage designating the space as “van-accessible.” Restripe the space to provide a 96 inch wide access aisle and install signage designating the space as “van-accessible” that is mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

Seward Senior High School

e. Boys and Girls Toilet Rooms

i. The access aisle next to the accessible parking space is 92 inches wide and the signage is too low. Widen the aisle to provide an access aisle 96 inches wide minimum and mount the accessible parking signage so that it cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

ii. The entrance door to the girls’ room has a clear opening width of 27 1/2 inches. Alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5.

iii. The height of the lavatory apron provides a clearance of 25 1/2 inches (boys) and 25 3/4 inches (girls) above the finish floor. Remount or provide one accessible lavatory so that there is a clearance of at least 29 inches above the finish floor to the bottom of the apron and so that it otherwise complies with the Standards. § 4.19.2, Fig. 31.

iv. The hot water and drain pipes under the lavatories are not insulated or configured to protect against contact. Insulate the hot water and drain pipes under the accessible lavatory. § 4.19.4.

v. There is insufficient maneuvering clearance at the door into the girls restroom and the signage is not mounted in an accessible location. Install permanent signage on the wall adjacent to the latch side of the door at a mounting height of 60 inches above the finish floor to the centerline of the sign. Provide at least the minimum maneuvering clearance of 18 inches by 24 inches at the door. §§ 4.13.6, 4.30.6.

vi. The mirrors are mounted so that the bottom edge of the reflecting surface is 48 inches above the finish floor. Provide a mirror in each room with the bottom edge of its reflecting surface no higher than 40 inches above the finish floor. § 4.19.6, Fig. 31.

vii. The largest toilet stall appears to be smaller than the “standard” accessible stall and has the following non-compliant elements: there are no grab bars; the toilet centerline is 22 1/2 inches from the side wall; the toilet paper dispenser is mounted 42 1/2 inches from the rear wall; and the flush controls are not on the wide side of the toilet. Provide a “standard” accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hook, and controls and dispensers, comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 and Fig. 30, 4.2.5, 4.2.6, 4.26, 4.27.

IMPLEMENTATION AND ENFORCEMENT

42. Except as otherwise specified in this Agreement, at six months of the effective date of this Agreement, the City will submit a written report to the Department summarizing the actions the City has taken pursuant to items 21 through 25. At one year after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date for the life of the Agreement, the City will submit a written report to the Department summarizing the actions the City has taken for all other items pursuant to this Agreement. The reports will include photographs, architectural plans, notices published in city publications, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations, if necessary.

43. 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.

44. 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 may commence proceedings to suspend or terminate its financial assistance to the City.

45. 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.

46. 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 with 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.

47. 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 on request.

48. The effective date of this Agreement is the date of the last signature below.

49. 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 violation 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.

50. This Agreement will remain in effect for five 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. If the City completes all activities set forth in paragraphs 18-41 before five years, it may request the Department to close this matter.

51. The signers of this document represent that they are able to bind their parties to this Agreement.

52. In computing any period of time prescribed or allowed by this Agreement, unless otherwise stated, such computation shall be made consistent with the Federal Rules of Civil Procedure.

53. Nothing herein shall suggest that any portion of this Settlement Agreement is or has been created for the benefit of any third party and nothing herein shall be construed to provide any rights to third parties.

54. Any notices required by this Settlement Agreement shall be delivered to the parties at the following addresses.

For the City of Seward:	For the United States:
__________________________ ROGER E. GLAWATZ Mayor City of Seward P.O. Box 38 537 Main Street Seward, NE 68434 Date:       6-05-01	WILLIAM R. YEOMANS Acting Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN B. REILLY, Deputy Chief NAOMI H. MILTON, Supervisory Attorney THOMAS ESBROOK, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date:      6-11-01

ATTACHMENT A

City of Seward - Facilities Reviewed

City Hall - 1909 - First Floor Renovated 1994

Seward Public Library - 1913

Bandshell - 1934

Municipal Building - 1966

Dowding Swimming Pool - 1918

Lied Senior Center - 1997

Seward County Sheriff’s Department - New facility. Provides 9-1-1 and incarceration.

Civic Center - 1954

Water and Wastewater Treatment Department - 1980

Fire Station - 1971

Seward County Agricultural Pavilion (Polling Place) - 1980

County Fairgrounds Park - Existing facility

Centennial Park - Existing facility

Moffitt Park - Existing facility

Memorial Park - Existing facility

Bemis Park - Existing facility

Municipal Airport - 1972

Plum Creek Park (Sports Complex) - Existing facility

Seward Cemeteries - Existing facilities

Seward Elementary, Middle, and Senior High Schools - Existing facilities

Recycling Center - Existing facility

ATTACHMENT B

NOTICE

UNDER THE

AMERICANS WITH

DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (ADA), the City of Seward (City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities.

The City does not discriminate on the basis of disability in its hiring or employment practices. The City 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. The City 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. Any employee’s medical records will be retained separate from personnel files and kept confidential. The City will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent its selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

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 office of Daniel A. Berlowitz, City Manager and ADA Coordinator, at 402-643-2928 (voice) and __________ (TDD or relay) 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 (TDD) at __________ and also through the Nebraska Relay Service at 1-800-- (TDD).

Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to Daniel A. Berlowitz.

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, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

June 2000

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December 17, 2002