FACT SHEET

Settlement Agreement Between the United States of America and the Town of Vian, Oklahoma, DJ# 204-59-39

On September 30, 2008, the Department of Justice entered into a settlement agreement with the Town of Vian, Oklahoma, under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35, as well as section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

The Department initiated a compliance review of Vian in November 2005 in response to a complaint alleging that town parking, sidewalks, buildings and parks were inaccessible to persons with disabilities. Vian is a small town located in Sequoyah County in eastern Oklahoma. Town staff worked cooperatively with the Department throughout the investigation in order to reach an agreement.

The Department conducted an on-site survey of Town buildings and services in April, 2006. Facilities covered by the agreement include: Vian Town Hall; Vian Police Station; Nutrition Center; Vian Fire Station; Waste Water Treatment Plant; City Lake Park; Anna Belle Farmer Park; Vian Youth Baseball Field; and sidewalks at the intersection of State Routes 82 (Thornton Street) and 64, and Main Street and Thornton Street.

The text of the settlement agreement specifies the modifications that the Town of Vian will make to its programs, services, and facilities. Among other things, the town has agreed to:

• make modifications to parking, entrances, routes, toilet rooms, courtroom/assembly area, service counters, and drinking fountains to provide access to Town buildings and parks;
• make modifications necessary to sidewalks and curb ramps to provide accessible routes;
• post, publish, and distribute the model ADA Notice to inform members of the public of the provisions of title II and their applicability to the Town's programs, services, and activities;
• amend its employment policies to comply with EEOC ADA requirements for title II entities;
• provide auxiliary aids necessary to ensure effective communication with persons who are deaf or hard of hearing and persons who are blind or have low vision;
• Implement emergency management policies and procedures for persons with disabilities, including preparation, notification, and response;
• ensure website accessibility;
• maintain accessible features; and
• install signs at any inaccessible entrance to a facility directing persons with disabilities to an accessible entrance or to information about other accessible facilities.

Even before signing an agreement, the Town actively worked to begin addressing accessibility concerns set out in this agreement. The settlement agreement will remain in effect for 3 years from September 30, 2008.

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