SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF TOLEDO, OHIO
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-57-35
re:
accessibility to city services, programs and activities, completion of a self evaluation and transition plan,
effective communications with people with disabilities and
compliance with the ADA Accessibility Standards in new construction and alteration of facilities
BACKGROUND
This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against the City of Toledo, Ohio ("City"). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that the City failed to conduct a self evaluation and prepare a transition plan that conform to the requirements of the Department's title II regulation and that it failed to take the steps necessary to make its programs, services, and activities accessible to people with disabilities. This includes failing to provide sufficient accessible toilet facilities in City parks, failing to meet the requirements of the ADA Accessibility Standards in the construction of new facilities such as the Gazebo in International Park, and failing to provide access to Community Oriented Policing Services ("COPS") facilities. Additionally, it has been alleged that the City has not taken appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, as required by section 35.160(a) of the Department's implementing regulation. The allegations, taken together, suggest that persons with disabilities are excluded from participation in, or are denied the benefits of, City services, programs, and activities due to the City's failure to comply with the specific requirements of title II of the ADA.
The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complainant in this matter to determine the compliance of the City with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. 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. 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.
The parties to this Agreement are the United States of America and the City of Toledo, Ohio. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:
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 City owns or conducts programs in the facilities listed in Appendix A.
3. Under title II of the ADA, discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities of the City is prohibited. 42 U.S.C. § 12132.
4. Under title II of the ADA, each service, program, or activity that is provided by the City, when viewed in its entirety, must be readily accessible to and usable by persons with disabilities. 28 C.F.R. § 35.150(a).
5. The ADA Standards for Accessible Design ("Standards") are used as a guide for determining whether an existing facility in which a program or activity is carried out 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. § 35.151(c).
6. Although physical alteration may be necessary to make services, programs, or activities accessible, the title II regulation does not require physical changes in existing facilities where other methods are effective in making programs accessible. 28 C.F.R. § 35.150(b)(1).
7. If construction of, or alteration to, a facility or part of a facility commenced after January 26, 1992, those parts of the facility must be constructed or altered in such manner that they are readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.151(a),(b).
8. Where physical changes in facilities must be undertaken to ensure that the programs, services, and activities of a public entity are accessible to persons with disabilities, such changes must have been completed as expeditiously as possible, but no later than January 26, 1995. 28 C.F.R. § 35.150(c).
9. The subject matter of this Agreement is the implementation of a plan to ensure that City services, programs, and activities are readily accessible to and usable by persons with disabilities.
ACTIONS COMPLETED BY THE CITY
10. Fire Station Number Six, Fire Station Number Fourteen, and Fire Station Number Twenty-five are no longer used as polling sites.
11. In order to ensure that programs offered at the East Toledo Family Center are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Altered elements of the men's public toilet room and the women's public toilet room at the main lobby to meet the Standards. 4.1.3(11), 4.1.6(1)(b), 4.22.
b. Provided sufficient clear floor space to accommodate a person using a wheelchair in the Neighborhood Police Station office. 4.1.3(1), 4.1.6(1)(b), 4.2, 4.3.
c. Installed signage designating the Neighborhood Police Station office that has raised characters and Braille and is mounted on the wall adjacent to the latch side of the door at 60 inches above the finish floor to the centerline of the sign. 4.1.3(16), 4.1.6(1)(b), 4.30.
12. In order to ensure that programs offered at the James B. Simmons Center are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Provided the required number of accessible parking spaces, including one van accessible space, in compliance with the requirements of the Standards. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Installed handrails on the stairs from the parking lot to the entrance that comply with the requirements of the Standards. 4.1.3(1), 4.1.6(1)(b), 4.3, 4.9, 4.26.
c. Removed the stall partition in the designated accessible toilet room. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22.
d. Installed a floor-flanged grab bar at the side of the toilet closest to the wall in the designated accessible toilet room. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
e. Installed insulation on the hot water and drain pipes under the accessible lavatory in the designated accessible toilet room. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
f. Installed a wall-mounted lavatory that provides sufficient knee and toe clearance for a person using a wheelchair, and otherwise complies with the Standards. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
g. Installed signs that designate the toilet rooms that comply with the Standards. 4.1.3(16), 4.1.6(1)(b), 4.30.
h. Implemented a policy requiring that programs, services or activities held on the second floor of the Center be relocated to an accessible area or facility when a person with a disability cannot utilize the elevator or stairs at the Center to access those programs, services or activities on the second floor of the facility. 28 C.F.R. § 35.150(a).
13. In order to ensure that the public use facilities and senior programs offered at the Jefferson Center are readily accessible to and usable by individuals with mobility disabilities, the City has installed an automatic door opener that opens both doors at the entrance of the facility. 4.1.3(1), 4.1.3(7), 4.1.6(1)(b), 4.3, 4.13.
14. In order to ensure that programs offered at the Scott Park Community House are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Provided signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Altered the sidewalk leading from the parking lot so that there is no abrupt change in level greater than 0.25 of an inch. 4.1.2(1), 4.1.6(1)(b), 4.3.8.
15. In order to ensure that programs offered at the Health Department Building are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Installed an automatic door opener to open both vestibule doors at the entrance. 4.1.3(7), 4.1.6(1)(b), 4.13.
b. Altered elements of the men's public toilet room and the women's public toilet room to meet the Standards. 4.1.3(11), 4.1.6(1)(b), 4.22.
c. Installed an elevator that complies with the Standards. 4.1.3(5), 4.1.6(1)(b), 4.10.
d. Provided public telephones that are in compliance with the Standards. 4.1.3(17), 4.1.6(1)(b), 4.2, 4.31.
16. In order to ensure that programs offered at the Wayman D. Palmer Community Center are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Provided signage that designates each public toilet room and is mounted on the wall adjacent to the latch side of the door at 60 inches above the finish floor to the centerline of the sign. 4.1.3(16), 4.1.6(1)(b), 4.30.
b. Provided a mirror in each public toilet room so that the bottom edge of the reflecting surface of the mirror is no higher than 40 inches above the finish floor. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
c. Provided a grab bar that is mounted on the wall to the side of the toilet in the men's toilet room that complies with the Standards. 4.1.3(11), 4.1.6(1)(b), 4.17, 4.22.
d. Provided a grab bar that is mounted on the wall to the side of the toilet in the women's toilet room that complies with the Standards. 4.1.3(11), 4.1.6(1)(b), 4.17, 4.22.
17. In order to ensure that programs offered at the Cherry Area District Neighborhood Police Station are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Installed one (1) van accessible parking space, with signage, that complies with the Standards. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Installed signs that prohibit traffic from passing through the drive-through lane into which a curb ramp extends. 4.7.
18. In order to ensure that programs offered at the Northwest District Neighborhood Police Station are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Installed one (1) van accessible parking space, with signage, that complies with the Standards. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Provided signs that designate the accessible parking spaces in compliance with the requirements of the Standards. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
c. Installed a coat hook in each public toilet room that is mounted no higher than 54 inches above the finish floor where a person using a wheelchair is able to approach the coat hook from the side. 4.1.3(13), 4.2, 4.1.6(1)(b), 4.22, 4.27.
d. Installed a lavatory that provides sufficient knee and toe clearance for a person using a wheelchair, and otherwise complies with the Standards. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
e. Made available a table near the entrance that has a surface that is no higher than 34 inches and is otherwise usable as a writing surface by a person using a wheelchair. See, 4.1.3(18), 4.32.
19. In order to ensure that programs offered at Fire Station Number Eighteen are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Installed insulation on the hot water and drain pipes under the accessible lavatory in the public toilet room. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
b. Lowered the lavatory in the public toilet room so that its rim or counter surface is 34 inches above the finish floor. 4.1.3(11), 4.1.6(1)(b), 4.19.
c. Installed a coat hook in the public toilet room that is mounted at 48 inches above the finish floor. 4.1.3(13), 4.2, 4.1.6(1)(b), 4.22, 4.27.
20. In order to ensure that programs offered at Municipal Court are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Installed doors that comply with the requirements of the Standards at the entrance of each public toilet room on the first floor. 4.1.3(1), 4.1.3(7), 4.1.6(1)(b), 4.13.
b. Altered the toilet stalls in the public toilet rooms on the first floor so that one standard accessible toilet stall, with grab bars, that meets the requirements of the Standards is provided in each toilet room. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.17, 4.22, 4.26.
c. Re-positioned one (1) urinal in the men's toilet room on the first floor so that the elongated rim is no higher than 17 inches above the finish floor. 4.1.3(11), 4.1.6(1)(b), 4.18, 4.22.
d. Installed a lavatory, with faucets, that complies with the Standards in each public toilet room on the first floor. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22, 4.27.
e. Installed a mirror in each public toilet room on the first floor so that the bottom edge of the reflecting surface of the mirror is no higher than 40 inches above the finish floor. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
f. Installed one (1) coat hook in each public toilet room on the first floor so that each is no higher than 48 inches above the finish floor. 4.1.3(13), 4.2, 4.1.6(1)(b), 4.22, 4.27.
g. Installed a drinking fountain on the first floor that complies with the Standards. 4.1.3(10), 4.1.6(1)(b), 4.2, 4.15, 4.27.
21. In order to ensure that programs offered at the Scott Park District Station are readily accessible to and usable by individuals with mobility disabilities, the City has taken the following actions:
a. Altered the parking lot so that the required number of accessible parking spaces, including one van accessible space, that comply with the requirements of the Standards will be provided. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Provided signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
c. Made available a table near the entrance that has a surface that is no higher than 34 inches and is otherwise usable as a writing surface by a person using a wheelchair. See Standards, 4.1.3(18), 4.32.
d. Installed signage that designates the accessible toilet room in compliance with the Standards. 4.1.3(16), 4.1.6(1)(b), 4.30.
e. Installed one grab bar that is at least 36 inches in length mounted on the wall to the rear of the toilet in the designated accessible toilet room so that it complies with the Standards. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
f. Installed signage that designates each public toilet room on the first and second floors in compliance with the Standards. 4.1.3(16), 4.1.6(1)(b), 4.30.
g. Installed signage at room 305 and room 337 that directs persons to the location of the accessible public toilet room on the first floor in compliance with the Standards. 4.1.3(16), 4.1.6(1)(b), 4.30.
h. Installed one grab bar that is at least 42 inches in length mounted on the wall to the side of the toilet in the public toilet room so that it complies with the Standards. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
22. The City has closed its Neighborhood Police Station in the Southwyck Mall.
ACTIONS TO BE TAKEN BY THE CITY
23. In order to ensure that communications with persons with disabilities are as effective as communications with others, the City will comply with the substance of the notice set forth in paragraph 46. If a person requesting an auxiliary aid or service does not meet the notice requirements set forth in paragraph 46, the City will make every effort to provide the auxiliary aid or service, and will provide it unless it is an undue financial or administrative burden to do so.
24. In order to ensure that programs offered at the Aurora Gonzalez Community Center are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Add one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Install a curb ramp at the designated accessible parking spaces that complies with the Standards, by June 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.5.
25. In order to ensure that programs offered at the Chester J. Zablocki Community Center are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Add one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.6(1)(b), 4.6.
b. Alter the entrances to the men's toilet room and to the women's toilet room so that the clear width measured between the face of each door and the opposite stop with the door open 90 degrees is at least 32 inches, by June 30, 1999. 4.1.3(11), 4.1.3(16), 4.1.6(1)(b), 4.22.
c. Install signs that designate the men's toilet room and the women's toilet room and that comply with the requirements of the Standards, by June 30, 1999. 4.1.3(16), 4.1.3(11), 4.1.6(1)(b), 4.30.
d. Alter the toilet stalls in the men's toilet room and in the women's toilet room so that one "standard" accessible toilet stall is provided in each toilet room such that all of its elements, including water closets, size and arrangement, toe clearances, doors, and grab bars, comply with the requirements of the Standards, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.17, 4.22, 4.26.
e. Install one lavatory with accessible controls in the men's toilet room and one lavatory with accessible controls in the women's toilet room that comply with the requirements of the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.19, 4.22, 4.27.
f. Install one mirror in the men's toilet room and one mirror in the women's toilet room that comply with the requirements of the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.19, 4.22, 4.27.
g. Lower the vanity shelf in the women's toilet room so that its surface is no higher than 48 inches above the finish floor, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.19, 4.22, 4.27.
26. In order to ensure that programs offered at the East Toledo Family Center are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Add two (2) car accessible parking spaces and one (1) van accessible parking space, with signage, that comply with the requirements of the Standards, by June 30, 1999. 4.1.2(5), 4.1.6(1)(b), 4.6.
b. Alter the entrance so that the change in ground elevation is no greater than 0.25 inches, by June 30, 1999. 4.1.3(3), 4.1.3(7), 4.1.6(1)(b), 4.5, 4.13.
c. Install door handles/locksets that do not require tight grasping or twisting of the wrist on all doors leading to accessible spaces, by June 30, 1999. 4.1.3(7), 4.1.6(1)(b), 4.13.
27. In order to ensure that programs offered at the Eleanor M. Kahle Center are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.6(1)(b), 4.6.
b. Install thirteen (13) signs that designate the accessible parking spaces that comply with the requirements of the Standards, by June 30, 1999. 4.1.2(7), 4.1.6(1)(b), 4.30.
c. Reposition signs that designate the men's public toilet room and the women's public toilet room so that they are mounted on the wall adjacent to the latch side of the door at 60 inches above the finish floor to the centerline of the sign, by September 30, 1999. 4.1.3(11), 4.1.3(16), 4.1.6(1)(b), 4.30.
d. Install one (1) riser to increase the height of the toilet seat in the accessible toilet stall of the designated accessible toilet room so that the top of the seat is no less than 17 inches, but no higher than 19 inches, above the finish floor, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.17.2, 4.22.
e. Provide one "standard" accessible toilet stall in the designated accessible toilet room such that all of the stall's elements, including water closets, size and arrangement, toe clearances, doors, and grab bars, comply with the requirements of the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.17, 4.22, 4.26.
f. Install one urinal in the men's toilet room that complies with the Standards, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.18, 4.22.
g. Install insulation on the hot water and drain pipes under the accessible lavatory in the men's public toilet room and the women's public toilet room, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
28. In order to ensure that the Erie Street Market facility is readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.6(1)(b), 4.6.
b. Alter the spaces in the parking lot so that the designated accessible parking spaces provided are at least 96 inches in width, by June 30, 1999. 4.1.2(5), 4.1.6(1)(b), 4.6.
c. Raise each of the signs that designate the accessible parking spaces so that none is obscured by a vehicle parked in the space, by June 30, 1999. 4.1.2(5), 4.1.6(1)(b), 4.6.
d. Install signage at the stairs to the elevated restaurant area showing the existence and location of the wheelchair lift that provides access to the dining level, by June 30, 1999. 28 C.F.R. § 35.163(a); 4.1.3(16), 4.1.6(1)(b), 4.30.
e. Provide one "ambulatory" stall that is 36 inches wide with an outward swinging self-closing door and parallel grab bars complying with figure 30(d) and section 4.26 of the Standards, in the women's toilet room at the Erie Street Market entrance, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.17, 4.22, 4.26.
f. Re-mount the telephone at the Erie Street Market entrance so that its coin slot is no higher than 54 inches above the finish floor, by June 30, 1999. 4.1.3(17), 4.1.6(1)(b), 4.31.
g. Provide a door with signage at the Erie Street Market entrance that is at least 32 inches wide, measured between the face of the door and the opposite stop with the door open 90 degrees, and otherwise complies with the Standards, by September 30, 1999. 4.1.3(1), 4.1.3(7), 4.1.3(16), 4.1.6(1)(b), 4.13, 4.30.
h. Provide a door with signage at the Libby Glass Factory entrance that is at least 32 inches wide, measured between the face of the door and the opposite stop with the door open 90 degrees, and otherwise complies with the Standards, by September 30, 1999. 4.1.3(1), 4.1.3(7), 4.1.3(16), 4.1.6(1)(b), 4.13, 4.30.
i. Reposition the toilet so that its centerline is 18 inches from the side wall in the designated accessible stall in the women's toilet room at the Libby Glass Factory entrance, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.17, 4.22.
j. Install one grab bar that complies with the Standards on the wall to the rear of the toilet in each designated accessible toilet stall in the men's and women's toilet rooms at the Libby Glass Factory entrance, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.17, 4.22, 4.26.
k. Provide one lavatory that provides at least 29 inches of knee clearance between the bottom of the apron and the floor and otherwise complies with the Standards, in the men's and women's toilet rooms at the Libby Glass Factory entrance, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
l. Reposition the toilet seat cover dispenser in the designated accessible stall women's toilet room at the Libby Glass Factory entrance, so that it is within the reach ranges specified in the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.2, 4.22, 4.27.
m. Reposition the toilet so that its centerline is 18 inches from the side wall in each designated accessible stall in the men's and women's toilet rooms at the Erie Street Market entrance, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.17, 4.22.
29. In order to ensure that Neighborhood Police Station and other programs offered at the James B. Simmons Center are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Provide signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Install a ramp with edge protection and handrails from the parking lot to the entrance doors, that complies with the Standards, by September 30, 1999. 4.1.3(1), 4.1.6(1)(b), 4.3, 4.8, 4.26.
c. Make available a table that has a surface that is no higher than 34 inches and is otherwise usable as a writing surface by a person using a wheelchair, by June 30, 1999. See Standards, 4.1.3(18), 4.32.
30. In order to ensure that public use facilities and senior programs offered at the Jefferson Center are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Alter the parking lot so that the required number of accessible parking spaces that comply with the requirements of the Standards, including one van accessible space, will be provided, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Provide signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
c. Install two (2) handrails on the exterior ramp at the entrance of the facility, that comply with the requirements of the Standards, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3, 4.8, 4.26.
d. Install directional signage that complies with the Standards, showing the location of the accessible toilet rooms, by June 30, 1999. 4.1.3(16), 4.1.6(1)(b), 4.30.
e. Install a coat hook in each public toilet room that is mounted no higher than 54 inches above the finish floor where a person using a wheelchair is able to approach the coat hook from the side, by June 30, 1999. 4.1.3(13), 4.2, 4.1.6(1)(b), 4.22, 4.27.
f. Install insulation on the hot water and drain pipes under the accessible lavatory in each public toilet room, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
31. In order to ensure that programs offered at the Scott Park Community House are readily accessible to and usable by individuals with mobility disabilities, the City will alter the toilet stall in the women's toilet room so that it is at least 60 inches wide and otherwise complies with the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.17, 4.22, 4.26.
32. In order to ensure that programs offered at the Toledo Community Center/Family Home are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.6(1)(b), 4.6.
b. Install handrails on both sides of the ramp leading to the entrance that comply with the requirements of the Standards, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3, 4.8, 4.26.
c. Install doors that comply with the requirements of the Standards at the front entrance, by October 30, 1999. 4.1.2(1), 4.1.3(7), 4.1.6(1)(b), 4.3, 4.13.
d. Install an automatic door opener that opens both doors of the vestibule at the front entrance, by October 30, 1999. 4.1.2(5)(b), 4.1.3(7), 4.1.6(1)(b), 4.3, 4.13.
e. Install locksets/handles on the toilet room doors that do not require tight grasping or twisting of the wrist to operate, by September 30, 1999. 4.1.3(1), 4.1.3(7), 4.1.6(1)(b), 4.3, 4.13, 4.27.
f. Install a lavatory that complies with the Standards in each toilet room, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22, 4.27.
g. Install shower faucet controls that do not require tight grasping or twisting of the wrist to operate, and otherwise comply with the requirements of the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.1.3(11), 4.21, 4.23, 4.27.
33. In order to ensure that programs offered at the Wayman D. Palmer Community Center are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Alter the parking lot so that the required number of accessible parking spaces, including one van accessible space, that comply with the requirements of the Standards will be provided, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Provide signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
c. Alter the curb ramp along the accessible route from the parking lot to the entrance, so that the ramp has a continuous slope that is no greater than 1:12 (rise:run), there is no abrupt change in level greater than 0.25 of an inch, and it otherwise complies with the Standards, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.7, 4.8.
34. In order to ensure that programs offered at the Northwest District Station are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install two (2) handrails on the exterior ramp at the entrance of the facility that comply with the requirements of the Standards, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3, 4.8, 4.26.
b. Alter the abrupt change in level at the curb ramp along the accessible route from the parking lot to the entrance, so that the ramp has a continuous slope that is no greater than 1:12 (rise:run) and there is no abrupt change in level greater than 0.25 of an inch, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.7, 4.8.
35. In order to ensure that programs offered at the Division of Environmental Services are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Alter the parking lot so that the required number of accessible parking spaces, including one van accessible space, that comply with the requirements of the Standards will be provided, by September 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Install signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards, by September 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
c. Alter the vestibule at the entrance of the facility so that a minimum of 84 inches of maneuvering space between the closed doors is provided, by December 30, 1999. 4.1.3(7) , 4.13.
d. Lower the information counter at the entrance of the facility so that its surface is no higher than 36 inches, by September 30, 1999. 7.2(2).
e. Reposition signs that designate the men's public toilet room and the women's public toilet room so that they are mounted on the wall adjacent to the latch side of the door at 60 inches above the finish floor to the centerline of the sign, by September 30, 1999. 4.1.3(11), 4.1.3(16), 4.30.
36. In order to ensure that programs offered at Fire Station Number One are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install a ramp at the Bush Street entrance that complies with the Standards, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3, 4.8.
b. Install a permanent sign designating the accessible entrance at the Bush Street entrance that has raised characters and Braille, and otherwise complies with the Standards, by June 30, 1999. 4.1.2(7), 4.1.6(1)(b), 4.30.
37. In order to ensure that programs offered at the Fire Museum are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Install accessible lavatory controls in the public toilet room that comply with the requirements of the Standards, by September 30, 1999. 4.1.3(11), 4.1.3(13), 4.1.6(1)(b), 4.19, 4.22, 4.27.
c. Install insulation on the hot water and drain pipes under the accessible lavatory in the public toilet room, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
d. Lower the lavatory in the public toilet room so that its rim or counter surface is 34 inches above the finish floor, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19.
e. Install one grab bar that is at least 36 inches in length mounted on the wall to the rear of the toilet in the public toilet room so that it complies with the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
f. Install one grab bar that is at least 42 inches in length mounted on the wall to the side of the toilet in the public toilet room so that it complies with the Standards, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
38. In order to ensure that programs offered at Fire Station Number Nine are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install one (1) van accessible parking space, with signage, that complies with the Standards, by September 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Alter the abrupt change in level where the driveway meets the entrance sidewalk so that the slope of the new ramp is no greater than 1:12 (rise:run) and there is no abrupt change in level greater than 0.25 of an inch, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.8.
c. Install one grab bar that is at least 36 inches in length mounted on the wall to the rear of the toilet in the public toilet room so that it complies with the Standards, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
d. Install one grab bar that is at least 42 inches in length mounted on the wall to the side of the toilet in the public toilet room so that it complies with the Standards, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
e. Install one (1) riser to increase the height of the toilet seat in the public toilet room so that the top of the seat is no less than 17 inches, but no higher than 19 inches above the finish floor, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22.
f. Install insulation on the hot water and drain pipes under the accessible lavatories in the public toilet room, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
g. Install a mirror in the public toilet room so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
h. Install signage designating the public toilet room that has raised characters and Braille and is mounted on the wall adjacent to the latch side of the door at 60 inches above the finish floor to the centerline of the sign, by September 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.30.
39. In order to ensure that programs offered at Fire Station Number Thirteen are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Alter the abrupt change in level at the public entrance door so that the slope of the new ramp is no greater than 1:12 (rise:run) and there is no abrupt change in level greater than 0.25 of an inch, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.8.
c. Remove the interior vestibule door and wall at the public entrance, by September 30, 1999. 4.1.3(7), 4.1.6(1)(b), 4.13.
40. In order to ensure that programs offered at Fire Station Number Eighteen are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Alter the parking lot so that the required number of accessible parking spaces, including one van accessible space, that comply with the requirements of the Standards will be provided, by September 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Install signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards, by September 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
c. Install one grab bar that is at least 36 inches in length mounted on the wall to the rear of the toilet in the public toilet room so that it complies with the Standards, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
d. Install one grab bar that is at least 42 inches in length mounted on the wall to the side of the toilet in the public toilet room so that it complies with the Standards, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22, 4.26.
e. Remove the floor mounted grab bar located between the toilet and the lavatory in the public toilet room, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.16, 4.22.
41. In order to ensure that programs offered at Fire Station Number 24 are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Alter the parking lot so that the required number of accessible parking spaces, including one van accessible space, that comply with the requirements of the Standards will be provided, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Install signs that designate the accessible parking spaces, including a sign designating the van accessible parking space, in compliance with the requirements of the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
c. Install insulation on the hot water and drain pipes under the accessible lavatory in the public toilet room, by June 30, 1999. 4.1.3(11), 4.1.6(1)(b), 4.19, 4.22.
42. In order to ensure that programs offered at the Health Department Building are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install one (1) van accessible parking space, with signage, that complies with the Standards, by June 30, 1999. 4.1.2(5), 4.1.2(7), 4.1.6(1)(b), 4.6, 4.30.
b. Install one (1) curb ramp between the access aisle of the designated accessible parking space and the sidewalk that complies with the Standards, by June 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3, 4.5,
c. Install a ramp with handrails leading to the entrance doors, that complies with the Standards, by June 30, 1999. 4.1.3(1), 4.1.6(1)(b), 4.3, 4.8, 4.26.
d. Make available a table that has a surface that is no higher than 34 inches and is otherwise usable as a writing surface by a person using a wheelchair, by June 30, 1999. See Standards, 4.1.3(18), 4.32.
43. In order to ensure that programs offered at Municipal Court are readily accessible to and usable by individuals with mobility disabilities, the City will take the following actions:
a. Install an automatic door opener at the entrance of each public toilet room on the first floor, by September 30, 1999. 4.1.3(1), 4.1.3(7), 4.1.6(1)(b), 4.13.
b. Install directional signage in a conspicuous location on each floor, that provides the location of the accessible toilet rooms on the first floor, by June 30, 1999. 4.1.3(16), 4.1.6(1)(b), 4.30.
c. Install a door that complies with the Standards at the entrance of each toilet room in rooms 305 and room 337, by June 30, 2000. 4.1.3(1), 4.1.3(7), 4.1.6(1)(b), 4.13.
d. Provide one (1) "uni-sex" toilet room in room 305 that complies with the Standards, by July 30, 2000. 4.1.3(11), 4.1.6(1)(b), 4.2, 4.13, 4.16, 4.19, 4.22, 4.27.
e. Install signage at room 337 that directs persons to the location of the accessible toilet room in room 305 in compliance with the Standards, by July 30, 2000. 4.1.3(16), 4.1.6(1)(b), 4.30.
f. Install door latches or handles on all doors to accessible spaces within the courthouse that comply with the Standards, by June 30, 2000. 4.1.3(7), 4.1.6(1)(b), 4.13.
g. Install call buttons that comply with the reach requirements of the Standards on the inside and outside of each courtroom entrance to signal the deputy assigned to the courtroom to open the double doors, by July 30, 1999. 4.1.3(13), 4.1.6(1)(b), 4.2, 4.27.
h. Alter the gates between the spectator and bench areas in each courtroom to provide at least 32 inches of clear width with the gate(s) open 90 degrees, by July 30, 2000. 4.1.3(1), 4.1.3(7), 4.1.6(1)(b), 4.13.
i. Provide ramps that comply with the requirements of the Standards to accomplish the abrupt changes in level along the route of travel in Courtroom 6 leading to the jury box, prisoner holding area, and room 337, by July 30, 1999.
j. Alter the spectator seating areas in Courtroom 1, Courtroom 2, Courtroom 3, Courtroom 4, Courtroom 6, Courtroom 7, Courtroom 8, Courtroom 9, Courtroom 10, Courtroom 11, and Courtroom 12 to provide the number of accessible seating locations with companion seating required by section 4.1.3(19)(a) of the Standards, by September 30, 1999. 4.1.3(19), 4.1.6(1)(b), 4.33.
k. Provide call buttons that are centered at 42 inches above the finish floor in the elevator lobbies and halls on each floor, by October 30, 1999. 4.1.3(5), 4.10.
l. Provide floor designation signage with raised and Braille characters mounted at 60 inches above the finish floor on the elevator hoistway entrances on each floor, by October 30, 1999. 4.1.3(5), 4.10, 4.30.
m. Provide a car control panel with raised and Braille characters in each of the elevators, by October 30, 1999. 4.1.3(5), 4.10, 4.30.
n. Provide a car control panel in one elevator that is mounted so that the highest operable control is no higher than 48 inches above the finish floor, by October 30, 1999. 4.1.3(5), 4.10, 4.30.
o. Provide directional signage on each floor indicating which elevator has a lowered control panel, by October 30, 1999. 4.1.3(5), 4.1.3(16), 4.30.
p. Provide an accessible writing surface that complies with the Standards in the Prosecutor's Office, Clerk of Courts Office Criminal Branch, County Prosecutor's Office, Assignment Office, and Citizens Depute Program Office, by October 30, 1999. 4.1.3(1), 4.1.6(1)(b), 4.3, 7.2.
q. Provide a text telephone (TTY/TDD) for public use, with signage, that complies with the Standards, by July 30, 1999. 4.1.3(17), 4.1.6(1)(b), 4.31.
44. The City will alter the abrupt change in level at the exit door of the Vistula Parking Garage leading to Summit Street so that there is no abrupt change in level greater than 0.25 of an inch and it otherwise complies with the Standards, by September 30, 1999. 4.1.2(1), 4.1.6(1)(b), 4.3.8.
45. By August 30, 1999, the City will train its employees who interact or communicate with the public, who establish or implement policies or programs, or who maintain facilities, regarding the City's responsibilities under the ADA, such as responding to inquiries from individuals with disabilities who require accommodations to participate in City programs or services.
46. In order to inform members of the public of the provisions of title II and their applicability to the City's programs, services and activities, the City will publish, within thirty (30) days of the effective date of this Agreement, the following notice, on two separate occasions on the City's Internet site and in a newspaper of general circulation serving Toledo, Ohio.
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Toledo ("City") will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters, whenever necessary to ensure effective communication with members of the public who are deaf and hard of hearing. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact the City of Toledo, Office of Affirmative Action at (419)245-1198 as far in advance as possible. 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.
A person with a disability who requires an accommodation or an auxiliary aid or service such as an assistive listening device or a sign language interpreter in order to participate in a court proceeding to be held in the Municipal Courthouse should contact _________ at __________ as far in advance as possible, but no later than forty-eight (48) hours prior to the scheduled time of the proceeding. If a party is represented by counsel, it is the responsibility of the attorney to make such request on behalf of his/her client and/or witness. 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.Additionally, the City will post this notice in conspicuous locations of the Municipal Court Building within thirty (30) days of the effective date of this Agreement.
47. The City will provide a copy of the notice in paragraph 46 to any person upon request.
48. Within 60 days of the effective date of this Agreement, the City will submit a report to the Department for review outlining the actions it proposes to take to ensure that programs, services and activities offered in the following facilities are accessible to persons with disabilities:
a. Ashley Pool House
b. Collins Park Pool House
c. Detweiler Pool House
d. Friendship Park Shelter
e. Highland Park Pool
f. Jermain Park Comfort Station
g. Athletics Office
h. Navarre Park Shelter
i. Navarre Park Pool House
j. Ottawa Park Nature Center
k. Ottawa Park Skating Facility
l. Pickford Park Pool
m. Ravine Park Pool House
n. Riverside Pool House at Jamie Farr Park
o. Roosevelt Pool Shelter at Smith Park
p. Savage Park Pool
q. T.O.R.C.H. Center
r. Toledo Botanical Gardens
s. Walbridge Park Shelter
t. Willys Park Pool House
u. Willis B. Boyer Ship Museum
v. Wilson Park Pool HouseThe City will complete and implement all policies and structural alterations outlined in the final version of the report, by December 31, 2000. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.
49. The City will submit a final written report to the Department summarizing the actions the City has taken pursuant to this Agreement by December 31, 1999.
IMPLEMENTATION AND ENFORCEMENT
50. 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.
51. 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 thirty (30) days of the date it provides notice to the City, it may elect either:
(i) to institute a civil action in Federal district court seeking to enforce the terms of this Agreement; or
(ii) to notify the City that the Agreement is no longer operative and reopen its investigation of Department of Justice Complaint #204-57-35.52. 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.
53. 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, all terms of this Agreement shall become enforceable in an appropriate Federal court.
54. 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.
55. The effective date of this Agreement is the date of the last signature below.
56. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.
57. This Agreement will remain in effect for two years from the effective date of this Agreement, or until full compliance with this Agreement by the City has been achieved.
For the United States:
BILL LANN LEE,
Acting Assistant Attorney General
for Civil Rights
By:__________________________
JOHN WODATCH, Chief
L. IRENE BOWEN, Deputy Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
Date ______________________
For the City:
_________________________
Date ______________________
Appendix A
FACILITIES THAT THE CITY OF TOLEDO RUNS
AND/OR IN WHICH IT CONDUCTS PROGRAMS
1. Ashley Pool House
2. Aurora Gonzalez Community Center
3. Central Lagrange Senior Center - Chester J. Zablocki Community Center
4. Cherry Area District Neighborhood Police Station
5. Collins Park Pool House
6. Credit Union Building
7. Detwiler Pool House
8. Division of Environmental Services
9. East Toledo Family Center
10. Eleanor M. Kahle Senior Center
11. Erie Street Market
12. Fire Department Headquarters - Fire Station #1
13. Fire Museum
14. Fire Station #6
15. Fire Station #9
16. Fire Station #13
17. Fire Station #14
18. Fire Station #18
19. Fire Station #24
20. Fire Station #25
21. Friendship Park Shelter
22. Government Center
23. Health Building
24. Highland Park Pool
25. James B. Simmons Center
26. Jefferson Center
27. Jermain Park Comfort Station
28. Municipal Court Building
29. Department of Natural Resources - Administration Building
30. Athletics Office - Division of Parks and Recreation
31. Navarre Park Shelter
32. Navarre Park Pool House
33. Northwest District Station
34. Ottawa Park Nature Center
35. Ottawa Park Ice Skating Facility
36. Parkwood Apartments Neighborhood Police Station
37. Pickford Park Pool
38. Ravine Park Pool House
39. Riverside Pool House - Jamie Farr Park
40. Roosevelt Pool Shelter - Smith Park
41. Savage Park Pool
42. Scott Park District Station
43. Scott Park Community House
44. Southwyck Mall Neighborhood Police Station
45. Torch Center
46. Toledo Community Center - Family Home
47. Toledo Botanical Gardens
48. Vistula Parking Garage - 610 Superior
49. Walbridge Park Shelter
50. Wayman D. Palmer Community Center
51. Willys Park Pool House
52. Willis B. Boyer Ship Museum
53. Wilson Park Pool House
February 7, 2001