SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA AND

THE CITY OF CHEYENNE, WYOMING

UNDER THE AMERICANS WITH DISABILITIES ACT

 REGARDING THE TACO JOHN´s EVENT CENTER

DJ# 204-87-44

 

Press Release

     

    BACKGROUND

  1. This matter was initiated by two complaints filed with the United States Department of Justice (Department) regarding the Taco John´s Event Center (TJEC), which is owned and operated by the City of Cheyenne (City).  The two complaints were investigated 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.  The complainants allege that the elevator and the seating available for persons with disabilities at the TJEC are inaccessible to persons with disabilities in violation of title II of the ADA.
  2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the City´s compliance with title II of the ADA and the Department´s title II implementing regulation, to issue findings, and, where appropriate, to negotiate and enter into settlement agreements that achieve compliance.  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 pursuant to Subpart F.
  3. The ADA applies to the City of Cheyenne because it is a "public entity" as defined by title II.  42 U.S.C. § 12131(1).
  4. The parties to this Agreement are the United States of America and the City of Cheyenne.
  5. The Taco John´s Event Center (formerly named the IKON Center) is a multi-use arena located at 1530 W. Lincolnway, Cheyenne, WY 82001.  TJEC was constructed in the late 1990´s and opened in August, 2000.  The City assumed ownership of TJEC in January 2008.  TJEC is used primarily for ice sports and recreation, and it hosts concerts and other entertainment events.  TJEC also includes a miniature golf course adjacent to the arena.
  6. The elements and features of the TJEC facility that do not comply with the ADA Standards for Accessible Design (Standards),  28 C.F.R. pt. 36, App. A, prevent persons with disabilities from fully and equally enjoying the City´s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
  7. The modifications set out in Attachment A will make the TJEC readily accessible to and usable by individuals with disabilities in compliance with title II of the ADA.
  8. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding the matters contained in this Agreement, except as provided in the section entitled "Implementation and Enforcement."

    9. REMEDIAL ACTIONS

  9. Within one year after the effective date of this Agreement, the City will complete the actions set out in Attachment A.  The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

    10. REPORTING

  10. On the yearly anniversaries of the effective date of this Agreement, the City will submit written reports to the Department summarizing the actions taken pursuant to this Agreement.  Reports will include descriptions of the architectural modifications taken pursuant to this Agreement, detailed photographs showing measurements and dimensions of elements and spaces, architectural plans, work orders, proof of efforts to secure funding/assistance for structural renovations and equipment, and copies of adopted policies.

    11. IMPLEMENTATION AND ENFORCEMENT

  11. 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 will not be unreasonably withheld or delayed.
  12. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith.  If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II of the ADA.
  13. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.
  14. Failure by the Department to enforce this entire Agreement or any of its provisions or deadlines as to one or more of the parties shall not be construed as a waiver of the Department´s right to enforce other deadlines and provisions of this Agreement.
  15. This Agreement shall be binding on the City and its agents and employees.  In the event the City seeks to transfer or assign all or part of its interest in the facility covered by this Agreement, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale the City shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement.
  16. A copy of this document or any information contained in it will be made available to any person by the City or the Department upon request.
  17. 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, will 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, including the ongoing obligation to maintain accessible features.
  18. This Agreement will remain in effect for two years or until the parties agree that all actions required by the Agreement have been completed, whichever is later.
  19. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.
  20. The effective date of this Agreement is the date of the last signature below.

For the City of Cheyenne, Wyoming:

RICHARD L. KAYSEN
Mayor

 

 

By: _____________________________
RICHARD L. KAYSEN, Mayor

 

 

 

For the United States:

THOMAS E. PEREZ
Assistant Attorney General for Civil Rights

JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
DOV LUTZKER, Special Counsel

By:_________________________________
NAOMI MILTON, Supervisory Attorney

 

By:_________________________________
ASHLEY SKOTARCZAK, Investigator
U.S. Department of Justice
Civil Rights Division
Disability Rights Section - NYA
950 Pennsylvania Avenue, N.W. 
Washington, DC 20530

 

 
Date:  __________________________________ Date:  __________________________________

  

 

Attachment A

Pursuant to Paragraph 9 of this Agreement, the City will complete the following actions within one year after the effective date of this Agreement.  The citations to "Standards" are to the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, app. A.

  1. Passenger Loading Zone - The passenger loading zone on the circular drive at the front of TJEC is inaccessible because it lacks an access aisle.  Provide a passenger loading zone on an accessible route such that the loading zone has a vertical clearance of at least 114 inches, has an access aisle at least 60 inches wide and 20 feet long adjacent and parallel to the vehicle pull-up space, and has a surface that is firm, stable, slip-resistant, and level with no more than a 2% slope in all directions.  Standards §§ 4.1.2(5)(c), 4.6.6.
  2. Parking - The parking lot, with a total of 210 parking spaces, is inaccessible because it does not have any van accessible parking spaces, has only 5 spaces reserved for use by persons with disabilities, one of those five parking spaces is inaccessible because it lacks an access aisle, and all of those parking spaces lack the required signage.  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space and 7 standard spaces designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 2% in all directions, and that their surfaces are firm, stable, and slip-resistant.  If the parking facility serves a building with multiple accessible entrances or multiple buildings or facilities, provide dispersed parking spaces located on an accessible route closest to the accessible entrances.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
  3. Accessible Routes
    1. The interior route to the exterior exit doors (#7) on the southeast side of the arena is inaccessible because objects, such as hockey goals, are obstructing the minimum clear width of the route.  Provide and maintain an accessible route to the southeast exit doors with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  28 C.F.R. § 35.133, Standards §§ 4.1.3(1), 4.3.3, 4.13.5.
  4. Controls and Mechanisms - The mechanism to open the door to the storage room for the zamboni, is inaccessible because it is mounted 60 inches high.  Provide controls that are mounted between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Ensure that the controls are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate and require no more than 5 pounds of force to activate.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.27.4, 4.2.5, 4.2.6.
  5. Signage - Throughout the facility, the signage provided is inaccessible because signs are mounted on doors.  Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door.  Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
  6. Lobby
    1. The wall-mounted television in the lobby is inaccessible to people who are deaf or hard of hearing.  Provide audio and audio-visual programs with captioning or in another format that provides equally effective communication for people who are deaf or hard of hearing.  28 C.F.R. §§ 35.130, 35.160.
    2. The wall-mounted television in the lobby protrudes into the walkway and is not detectable to blind persons using a cane.  Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Providing a cane-detectable barrier is an acceptable solution.  A protruding object (and cane-detectable barrier) shall not reduce the clear width of an accessible route or maneuvering space.  Standards §§ 4.1.2(3), 4.4.
  7. Billiards and Video Games Area
    1. The wall-mounted television in the billiards and video games area is inaccessible to people who are deaf or hard of hearing.  Provide audio and audio-visual programs with captioning or in another format that provides equally effective communication for people who are deaf or hard of hearing.  28 C.F.R. §§ 35.130, 35.160.
    2. The wall-mounted television in the billiards and video game area protrudes into the walkway and is not detectable to blind persons using a cane.  Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Providing a cane-detectable barrier is an acceptable solution.  A protruding object (and cane-detectable barrier) shall not reduce the clear width of an accessible route or maneuvering space.  Standards §§ 4.1.2(3), 4.4.
  8. Administration - The entrance door is inaccessible because it requires 10 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7), 4.13.11(2)(b).
  9. Elevator
    1. The elevator is inaccessible because the cab is 422 inches wide by 50 inches deep.  Provide an elevator with a cab that is a minimum of 51 inches deep from the back wall of the cab to the control panel and 54 inches deep from the back wall of the cab to the face of the door; that, if the doors are centered on the wall, is at least 80 inches wide and, if the doors are located to one side of the wall, is at least 68 inches wide.  Provide a door opening that is at least 36 inches wide, and that floor surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.3(5), 4.10.9, 4.10.10, Fig. 22.
    2. The elevator is inaccessible because the doors remain open for a maximum of 15 seconds while they are obstructed by a person or object.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Provide a device that is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.
  10. Arena
    1. The arena is inaccessible to people who are deaf or hard of hearing because, although there is fixed seating and an audio amplification system, there is no assistive listening system.  Provide a permanently installed assistive listening system serving the fixed seating.  Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage or playing area and has a complete view of the stage or playing area.  Provide receivers equal in number to 4% of the total number of seats for use by the general public, and provide signage indicating their availability.  28 C.F.R. § 35.160, Standards §§ 4.1.3(19)(b), 4.30, 4.33.
    2. The arena, containing 600 fixed seats, is inaccessible because: (1) the arena does not have the required number of fixed wheelchair seating locations; (2) the wheelchair seating locations are not dispersed around the seating bowl; (3) the wheelchair seating locations are not in all of the different admission price categories; (4) the wheelchair seating locations do not provide lines of sight over standing spectators; (5) fixed companion seats are not provided next to each wheelchair seating location; and (6) the wheelchair seating locations do not comply with the required dimensions.  In the fixed seating area, provide wheelchair seating locations totaling more than one percent of the total number of fixed seats in the arena for that event (for example, if the arena has 608 seats for a hockey game, then at least 7 wheelchair seating areas are required), each with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access, or 33 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available to members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat, identified by signage, is provided next to each wheelchair seating area.  In areas where spectators can be expected to stand during the show or event (for example, hockey, football, basketball games, or rock concerts), all or substantially all of the wheelchair seating locations must provide a line of sight over standing spectators.  Standards §§ 4.1.3(19)(a), 4.5, 4.33, Fig. 46.
    3. Ticketing - Although the City sells tickets online for events at the TJEC, wheelchair seating areas are not available for purchase online.  In order to provide people with disabilities with an equal opportunity to benefit from the online ticketing service provided by the City, the City will sell tickets for wheelchair seating areas online and in the same manner that any other seats are sold online.  This requires tickets to be purchased online without relying on further contact with the box office to secure either wheelchair or companion seats.  28 C.F.R. § 35.130.
  11. Ice Skate Rental Office - The Ice Skate Rental Office counter protrudes into the main walkway and is not detectable to blind persons using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Providing a cane-detectable barrier is an acceptable solution.  A protruding object (and cane-detectable barrier) shall not reduce the clear width of an accessible route or maneuvering space.  Standards §§ 4.1.2(3), 4.4.
  12. Women´s Toilet Room
    1. The entrance door is inaccessible because it requires 15 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).
    2. Although there are 8 stalls, there is no ambulatory stall provided.  Provide at least one stall that is exactly 36 inches wide with a toilet centerline 18 inches from each wall or partition, an outward swinging, self-closing door, parallel grab bars complying with Fig. 30(d), and a toilet complying with Standards § 4.16.  Standards §§ 4.1.3(11), 4.16, 4.22.4, 4.26, Fig. 30(d).
    3. No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    4. The thermostat is inaccessible because the controls are mounted at 60 inches above the finished floor.  Provide a thermostat with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
    5. The wall-mounted feminine products dispenser protrudes into the main walkway and is not detectable to blind persons using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Providing a cane-detectable barrier is an acceptable solution.  A protruding object (and cane-detectable barrier) shall not reduce the clear width of an accessible route or maneuvering space.  Standards §§ 4.1.2(3), 4.4.
  13. Men´s Toilet Room
    1. The entrance door is inaccessible because it requires 15 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7), 4.13.11(2)(b).
    2. No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    3. The thermostat is inaccessible because the controls are mounted at 60 inches above the finished floor.  Provide a thermostat with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
  14. Coach/Referee Locker Room
    1. The designated accessible roll-in shower is inaccessible because no shower spray unit is provided and the shower head is mounted at 80 inches above the finished floor, and the shower lacks grab bars.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall, with a 48 inch long and 36 inch wide clear floor space alongside the shower opening which extends 12 inches beyond the shower wall on which the seat is mounted, enabling a parallel approach (Fig. 35(a)), and with a curb no greater than 2 inch OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening (Fig. 35(b)).  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.
    2. The toilet is inaccessible because it lacks grab bars.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Provide grab bars that are mounted 33 to 36 inches above the finished floor; with a diameter between 13 and 12 inches; with 12 inches between the grab bars and the wall; and at least 12 inches between the grab bars and any other object beside or below it, such as a toilet paper dispenser or a toilet seat cover dispenser, and at least 18 inches between the grab bar and any object above it.  Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Figs. 30, 39.
    3. The bench is inaccessible because it is not 24 inches deep.  Provide a 24 inch by 48 inch bench fixed to the wall along the bench´s longer dimension.  Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards  §§ 4.1.3(21), 4.35.4, 4.26.3.
  15. Team Locker Rooms #1 and #2
    1. The entrance door to locker room #1 is inaccessible because it requires 20 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7), 4.13.11(2)(b).
    2. The pull side of at least one of the doors, which is accessed through a front approach, is inaccessible because it has less than 18 inches of clearance on the latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards §§ 4.1.3(7), 4.13.6, Fig. 25(a).
    3. No accessible clothes/towel hook has been provided.  Provide a hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    4. The bench is inaccessible because it is not 24 inches deep.  Provide a 24 inch by 48 inch bench fixed to the wall along the bench´s longer dimension.  Provide a bench that has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards  §§ 4.1.3(21), 4.35.4, 4.26.3.
    5. No accessible coat hook has been provided in the designated accessible toilet stall.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    6. The toilet paper dispenser is inaccessible because it is mounted more than 36 inches from the rear wall.  Provide a toilet paper dispenser that is mounted with its top at least 12 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).
    7. The wall-mounted paper towel dispenser protrudes into the main walkway and is not detectable to blind persons using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Providing a cane-detectable barrier is an acceptable solution.  A protruding object (and cane-detectable barrier) shall not reduce the clear width of an accessible route or maneuvering space.  Standards §§ 4.1.2(3), 4.4.
    8. No accessible shower has been provided.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall, with a 48 inch long and 36 inch wide clear floor space alongside the shower opening which extends 12 inches beyond the shower wall on which the seat is mounted, enabling a parallel approach (Fig. 35(a)), and with a curb no greater than 2 inch OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening (Fig. 35(b)).  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.
  16. Team Locker Rooms #3 and #4
    1. The entrance door to locker room #3 is inaccessible because the force required to open the door is 18 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).
    2. The entrance door to locker room #4 is inaccessible because it requires 18 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7), 4.13.11(2)(b).
    3. The pull side of at least one of the doors, which is accessed through a front approach, is inaccessible because it has less than 18 inches of clearance on the latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards §§ 4.1.3(7), 4.13.6, Fig. 25(a).
    4. No accessible clothes/towel hook has been provided.  Provide a hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    5. The bench is inaccessible because it is not 24 inches deep.  Provide a 24 inch by 48 inch bench fixed to the wall along the bench´s longer dimension.  Provide a bench that has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards §§ 4.1.3(21), 4.35.4, 4.26.3.
    6. No accessible coat hook has been provided in the designated accessible toilet  stall.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    7. No accessible shower has been provided.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall, with a 48 inch long and 36 inch wide clear floor space alongside the shower opening which extends 12 inches beyond the shower wall on which the seat is mounted, enabling a parallel approach (Fig. 35(a)), and with a curb no greater than 2 inch OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening (Fig. 35(b)).  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.
  17. Unisex Locker Room
    1. The entrance door to the locker room is inaccessible because it requires 20 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7), 4.13.11(2)(b).
    2. The lavatory is inaccessible because the bottom of the apron is 282 inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.
    3. No accessible coat hook has been provided in the designated accessible toilet stall.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    4. The toilet paper dispenser is inaccessible because it is mounted more than 36 inches from the rear wall.  Provide a toilet paper dispenser that is mounted with its top at least 12 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).
    5. No accessible towel bar has been provided.  Provide a towel bar at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
    6. No accessible shower has been provided.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall, with a 48 inch long and 36 inch wide clear floor space alongside the shower opening which extends 12 inches beyond the shower wall on which the seat is mounted, enabling a parallel approach (Fig. 35(a)), and with a curb no greater than 2 inch OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening (Fig. 35(b)).  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.
  18. Mini-Golf
    1. The circulation route is inaccessible because the wall-mounted electrical meter protrudes into the main walkway and is not detectable to blind persons using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Providing a cane-detectable barrier is an acceptable solution.  A protruding object (and cane-detectable barrier) shall not reduce the clear width of an accessible route or maneuvering space.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.4.
    2. Although an accessible drinking fountain is provided near the mini-golf course, there is no drinking fountain provided for people who have difficulty bending or stooping.  Provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards § 4.1.3(10)(a).

    19.  

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September 29, 2010