SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE WAUKEGAN PARK DISTRICT, WAUKEGAN, ILLINOIS

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-23-212

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Settlement Agreement | Department of Justice Press Releases

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of the Waukegan Park District, Waukegan, Illinois 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 review was also conducted under the authority of 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 review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the Waukegan Park District’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation, 28 C.F.R. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the Waukegan Park District obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply with and carry out the Waukegan Park District ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
  
  

  delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
  
  

  physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
  
  

• to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
  
  
• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
  
  
• where the Waukegan Park District communicates by telephone, to communicate through a text telephone (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the Waukegan Park District accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
  
  

As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Bevier Park, and Bonnie Brook Golf Course.


The Department’s program access review covered those of the Waukegan Park District programs, services, and activities that operate in the following facilities: Belvidere Park, Belvidere Park - Ganston Pool, Belvidere Park - Rose Administration Building, Hinkston Park, Larsen Nature Preserve, Smith Park Community Recreation Center (CRC), Upton Park, Bowen Park, Jack Benny Center, Jane Addam’s, Wash Room Building, Bowen Park Play Area, Haines Museum, Lilac Cottage and Gosche Field.

JURISDICTION

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

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the Waukegan Park District 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.

3. The parties to this Agreement are the United States of America and the Waukegan Park District, Waukegan, Illinois.

4. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

5. 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 all matters contained within this Agreement, except as provided in the section entitled “Enforcement and Implementation.”

ACTIONS TAKEN BY WAUKEGAN PARK DISTRICT

6. In1992, the Park District's Risk Management Committee assisted the Waukegan Parks District in conducting a self-evaluation of its programs and facilities. In order to ensure that the programs offered at park facilities are readily accessible to and usable by individuals with mobility impairments, the Park District increased the number of designated accessible parking spaces, installed curb ramps, added walking and running trails, and widened doors at buildings that formerly housed inaccessible facilities. The Park District’s Haines Museum allows special permission for librarians to view historical articles from the second floor, which can only be accessed by stairs. In order for librarians and other patrons with disabilities to experience the same benefits, the museum provides picture guide books that show the many historical objects housed on the second floor.

7. The Park District offers programs such as golf, wellness guidelines, vacation trips, winter overnights, athletic events, a Winter Sports Day, a movie review crew, bowling, billiards, and transportation to individuals with disabilities. The Special Recreation Services of the Waukegan Parks District advocates for the full participation of individuals with disabilities under the Americans with Disabilities Act (ADA) as published in their program guide. The Park District is currently conducting a new self-evaluation and transition plan for 2003-2004. In addition to this self-evaluation and transition plan, the Park District has instituted a capital improvement program plan to provide access to all of its park facilities and programs offered to the public.

REMEDIAL ACTION

NOTIFICATION

8. Within two months of the effective date of this Agreement, the Waukegan Park District will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the Waukegan Park District; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.

9. Within three months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the Waukegan Park District will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the Waukegan Park District accessible programs, services, and activities.

ADA COORDINATOR

10. Within two months of the effective date of this Agreement, the Waukegan Park District will appoint or hire one or more ADA Coordinator(s). The ADA Coordinator(s) will coordinate the Waukegan Park District effort to comply with and carry out its responsibilities under the ADA, including any investigation of complaint communicated to it alleging its noncompliance with title II or alleging any actions that would be prohibited under title II. The Park District will make available to all interested individuals the name(s), office address(es), and telephone number(s) of the ADA Coordinator(s).

GRIEVANCE PROCEDURE

11. Within two months of the effective date of this Agreement, the Waukegan Park District will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

12. Within three months of the effective date of this Agreement, the Waukegan Park District will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

13. Within two months of the effective date of this Agreement, the Waukegan Park District will implement and report to the Department its written procedures to ensure that TTY calls are returned by the appropriate Waukegan Park District official by TTY on the same day as the call is received. If the caller’s questions or concerns cannot be handled promptly, the procedures will require a Waukegan Park District employee to communicate with the caller on the same day in order to establish a time frame for the call-back.

14. The Waukegan Park District will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the 7-1-1 Illinois Relay Service to make and receive calls and that its TTY’s are maintained in good working order through test calls every six months for the life of this Agreement.

SIDEWALKS

15. Within three months of the effective date of this Agreement, the Waukegan Park District will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its facility sidewalks, including, for example, requests to add curb cuts at particular locations.

16. Within three months of the effective date of this Agreement, the Waukegan Park District will identify and report to the Department all streets, and roads within the control of the Parks Department that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the Waukegan Park District will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, and roads identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

17. Beginning no later than one month after the effective date of this Agreement, the Waukegan Park District will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, or trail is constructed or altered within the control of the Parks Department.

18. Within three months of the effective date of this Agreement, the Waukegan Park District will identify all walkways within the control of the Parks Department that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway or trail is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the Waukegan Park District will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, or road.

19. Beginning no later than three months after the effective date of this Agreement, the Waukegan Park District will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street or road within the control of the Parks Department.

PHYSICAL CHANGES TO FACILITIES

20. The elements or features of the Waukegan Park District facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the Waukegan Park District 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.

21. The Waukegan Park District will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

22. Within three months of the effective date of this Agreement, the Waukegan Park District will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

Newly Constructed Facilities: In order to ensure that the following spaces and elements in the Waukegan Park District facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the Waukegan Park District will take the following actions:

23. Bevier Park

Bevier Park is a 30.4 acres park facility that has the following: Community Building with interior and exterior restrooms, Basketball Courts (2), Baseball Diamond, Fishing Area, Hiking/Jogging Trial, Flower Bed/Greenhouse, Picnic Areas/Grills, Playground, Restrooms, Soccer Field, Tennis Courts (4), Stream/Pond, Disc Golf Course, and Parking.

The Park District shall complete the following modifications to Bevier Park within one year of the effective date of this agreement:

Community Building - This is a single story facility with a community room. There are 120 parking spaces, 2 designated accessible toilet rooms, 1 meeting room, and one drinking fountain.

A. Parking - There are 120 parking spaces serving this facility with only 2 designated accessible spaces. Provide 5 accessible parking spaces with 60 inch wide access aisles and signage. Spaces can share access aisles. Locate the spaces on the shortest accessible route to its entrance of the building. At least one space shall be a van accessible space that is 96 inches wide with a 96 inch wide access aisle and with a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3 & Fig.9, 4.6.4, 4.30.7.

B. Toilet Room Signage - The exterior and interior toilet rooms signs are located on the toilet entry doors. Provide signage on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. Provide a sign using the International Symbol with raised and Braille characters. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

C. Drinking Fountain - The drinking fountain has a bottom edge that is 26 inches above the finished floor. Provide a fountain with the bottom edge no lower that 27 inches, measured from the finished floor to the lower edge and that complies with the Standards. §§ 4.1.3(10)(b), 4.15.1, 4.15.2, 4.15.5 & Fig 27.

D. Picnic Shelters - There is no accessible route from the designated accessible parking spaces or from the Community Building to the picnic shelters. Provide an accessible route from the accessible parking spaces and Community Building to at least one of the accessible picnic shelters. §§ 4.1.2(2), 4.3, 4.5.

Altered Facilities: In order to ensure that the following spaces and elements in Waukegan Park District facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the Waukegan Park District will take the following actions:

24. Bonnie Brook Golf Course

Bonnie Brook Golf Course is a 157.6 acres park facility with the following elements; Golf (18 hole-par 72), Pro Shop, Restaurant and Banquet Facility, Driving Range, Playground, Restrooms, Stream/Pond, and Parking.

The Park District shall complete the following modifications to Bonnie Brook Golf Course within one year of the effective date of this agreement:

A. Parking - There are 220 parking spaces, with only 6 designated accessible spaces and no signage. Provide at least 7 accessible parking spaces with appropriate access aisles and signage for each space. Provide the spaces on the shortest accessible route to the entrance of the building. Include at least one van accessible space that is 96 inches wide with a 96 inch wide access aisle, and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3 & Fig. 9, 4.6.4, 4.30.7.

B. Snack Bar - The service counter is located 41 inches above the finished floor and the condiments counter is 42 inches above the finished floor. Provide counters that are at least 36 inches wide and no more than 36 inches above the finished floor or provide program access - wait service. § 7.2(1).

C. Pro-Shop Counter - Access to the counter is not provided. Provide counters that are at least 36 inches wide and no more than 36 inches above the finished floor. § 7.2(1)(I).

D. Public Telephones - The public phone, located near the main entrance, does not have volume controls, is not hearing aid compatible. There is no TTY, TTY counter or TTY outlet. Provide a phone that has a minimum 29 inch cord length, with the highest operable part no higher than 54 inches above the finished floor, volume controls, hearing aid compatible, and a TTY. §§ 4.1.3(17), 4.30.7, 4.31.3, 4.31.5, 4.31.6, 4.31.8, 4.31.9.

E. Handrail Extension - The handrails on the interior ramp and stairs in the mail hall lacks the 12 inch extensions at the bottom of the ramp segment that are parallel with the ground: There is 2 1/4 inches clear space between the handrail adjacent to the wall. Provide a handrail with 12 inch level/horizontal extensions at the bottom of the ramp, and a space between the wall and handrail of 1 1/2 inches. The top of the gripping surface on the handrail shall be 34 - 38 inches above the surface of the ramp. §§ 4.1.2(1), 4.3.7, 4.8.5, 4.26.2.

F. Men’s designated accessible toilet room

1. The toilet room sign is located on the door. Provide a sign with raised characters and braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2. Exposed Pipes - The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

3. Rear Grab Bar - There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

4. The Toilet Paper Dispenser is mounted 43 inches above the finished floor. Provide a toilet paper dispenser at no more than 36 inched from the rear wall and no less than19 inches from the finished floor to the centerline of the dispenser. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

5. The coat hook is mounted at 65 inches above the finished floor. Provide a coat hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

G. Women’s designated accessible toilet room:

1. The toilet room sign is not accessible. Provide a sign withraised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2. Exposed Pipes - The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4

3. Rear Grab Bar - There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

4. The Toilet Paper Dispenser is mounted 43 inches above the finished floor. Provide a toilet paper dispenser at no more than 36 inched from the rear wall and no less than19 inches from the finished floor to the centerline of the dispenser. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

5. The coat hook - The coat hook is not accessible. Provide a coat hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

Program Access in Existing Facilities: In order to ensure that each of the Waukegan Park District programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the Waukegan Park District will take the following actions:

25. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. 28 C.F.R. §§ 35.150(b)(1), 35.151.

26. Belvidere Park is a 29.7 acres park facility with the following elements; Basketball Courts (2), Hiking/Jogging Trail, Softball Diamonds (2), Horseshoe Pits (2), Outdoor Volleyball Courts (2), Picnic Area/Grills, Playground, Bocce Ball courts (2), Tennis Courts (2), Flower Bed/Greenhouse, Restrooms, Corrine Rose Administrative Center, Belvidere Recreation Center, Howard Ganster Pool, Park Place Senior Center, and parking for all facilities.

The Park District Shall Complete the following modifications to Belvidere Park within one year of the effective date of this agreement:

A. Belvidere Recreation Center is a single story facility connected to the Park Place Senior Center. There are 89 parking spaces, 2 designated accessible toilet rooms, 1 meeting room, 2 drinking fountains and 1 gym.

1. Parking - The designated accessible parking spaces lack the required signage. Provide an accessible sign for each space, including one space with a sign designating that space with additional “van accessible” signage mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)a & b, 4.6.4, 4.30.7 Fig.9.

2. The Men’s & Women’s toilet room identification sign on the entry wall near the door is not accessible. Provide a sign with raised and Brailled characters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. Provide a sign using the International Symbol of Accessibility. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

The Park District Shall Complete the following modifications to Belvidere Park within two years of the effective date of this agreement:

3. The Men’s designated accessible toilet room:

a. Entry Door - The pressure required to open the door to the men’s toilet room is 8 pounds. Provide a door closer such that the force required to open the door is no more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

b. Knee Clearance - The knee clearance for the lavatory is 23 inches at one and 25 1/8 inches at the other. Provide a lavatory so that the rim or counter surface is no higher than 34 inches above the finished floor with knee clearance of at the least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig.31.

c. Exposed Pipes - The hot water and drain pipes under the lavatory are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

d. Toilet stall

1. The designated accessible toilet has twist hardware that requires tight grasping to operate. Provide controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

2. The rear grab bar is 24 1/2 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

3. The toilet paper dispenser is mounted 34 inches above the finished floor. Provide a toilet paper dispenser with the farthest edge no more than 36 inches from the back wall and no less than 19 inches from the finished floor to the centerline of the dispenser. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

4. The coat hook is mounted at 65 inches above the finished floor. Provide a coat hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

e. Visual Alarms - There is no visual alarm provided within the toilet room. Provide a visual alarm. §§ 4.1.3(14), 4.28.3(7).

4. Women’s designated accessible toilet room:

a. Entry Door - The pressure required to open the door to the women’s toilet room is 8 pounds. Provide a door closer such that the force required to open the door is no more than 5 pounds. § 4.1.3(11), 4.22.2, 4.13.11(2)(b).

b. Exposed Pipes - The hot water and drain pipes under the lavatory are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

c. Toilet stall -

1. The flush valve control is located on the closed side of the designated accessible stall in the women’s toilet room. Provide a toilet so that the flush control is located on the open (wide) side of the stall or install an automatic flush device. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

2. The rear grab bar is 25 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

3. The toilet paper dispenser is mounted 31 inches above the finished floor. Provide a toilet paper dispenser with the farthest edge no more than 36 inches from the back wall and no less than 19 inches from the finished floor to the centerline of the dispenser. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

4. The coat hook is 63 inches above the finished floor. Provide a coat hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

d. Visual Alarms - There is no visual alarm. Provide a visual alarm. §§ 4.1.3(14), 4.28.3(7).

B. Ganston Pool - Men’s & Women’s Locker room:

1. Signage – the locker room/toilet room identification signs on the entry wall are not accessible. Provide signage with raised and Brailled characters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person may approach to within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. Provide a sign using the International Symbol of Accessibility. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

2. Hair dryers - The highest operable part of the electric hair dryers on the back wall is 69 inches above the finished floor front approach. Provide at least one so that the highest operable part is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.6(1)(b), 4.1.3(13), 4.2.5, 4.2.6, 4.27.3.

3. Locker hardware - The locker hardware requires tight grasping when opening. Provide one locker with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate. §§ 4.1.3(12), 4.25.4, 4.27.4.

4. Mirror - The mirrors are mounted so that the bottom edge of the reflecting surface is 46 inches above the finished floor. Provide mirrors that are mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

5. Shower stall head - An Accessible shower head is not provided. Provide either an hand held shower unit or a fixed shower head mounted at 48 inches maximum above the floor. §§ 4.1.3(11), 4.23.8, 4.21.6

6. Shower controls - Accessible faucet controls are not provided. Provide a faucet control and operating mechanisms that can be operated with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls shall be no greater than 5 lbf §§ 4.21.5, 4.27.4.

7. Lavatory hardware - The lavatories have push-type faucets that are set at 15 lbf on both faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

8. Exposed pipes - The hot water and drain pipes are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact §§ 4.1.3(11), 4.22.6, 4.19.4

9. The designated accessible toilet is 37 inches wide by 96 inches deep in the women's toilet room and 42 inches wide by 95 inches deep in the men's room. Provide a “standard” accessible toilet stall in each toilet room at least 60 inches wide with a minimum depth of 59 inches (56 inches if toilet is wall hung) such that all the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.

10. Drinking fountain - The drinking fountain lacks adequate clear floor space for a front approach; provide at least 30 inches by 48 inches clear ground space for a parallel approach. §§ 4.1.3(10), 4.15.5(2) & Figs. 27(c), (d).

C. Belvidere Park - Rose Administration Building

1. Parking - There are 12 parking spaces serving this facility. There are 2 designated accessible spaces. Provide one van accessible space that is 96 inches wide with a 96 inch wide access aisle and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7 Fig. 9.

2. Single user toilet rooms - The 2 single user toilet rooms are not accessible. Provide 1 accessible toilet room such that the spaces and elements in the room, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, lavatory, mirror, controls and dispensers, and signage comply with the Standards. §§ 4.1.3(11), 4.22, 4.16, 4.18, 4.19.

27. Hinkston Park is a 21.4 acres park facility with the following: Hiking/Jogging Trail, Picnic Area/Grills, Picnic Pavilion & Shelters, Playground, Restrooms, and Soccer Field. There are two parking lots serving this facility.

The Park District shall complete the following modifications to Hinkston Park within three years of the effective date of this agreement:

A. South parking lot - The south parking lot has 25 parking spaces and serves the hiking/jogging trail, picnic area/grills, smaller picnic shelters, playground, and soccer field. There is 1 designated accessible space provided with no van-accessible sign. Provide a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.30.7 Fig. 9.

B. North Parking lot (gravel lot) - This lot is unpaved and serves the larger picnic shelter, restrooms, hiking/jogging trail, and picnic area/grills. Provide one designated accessible parking spaces with the appropriate access aisles and signage for the unpaved lot. Provide the spaces on the shortest accessible route to the entrance of the shelter and jogging trail. Include at least one van accessible space that is 96 inches wide with a 96 inches wide access aisle and install a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, 4.30.7 Fig. 9.

C. Toilet rooms - The Park’s men’s and women’s toilet rooms located within the picnic pavilion are not accessible. Provide men’s and women’s toilet rooms or unisex toilet room such that the spaces and elements in each room, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, urinal (men’s only), lavatory, mirror, controls and dispensers, and signage comply with the Standards. §§ 4.1.3(11), 4.22, 4.16, 4.18, 4.19, 4.30.

D. North Picnic Pavilion - The north end pavilion has a gravel path leading to the elevated concrete picnic shelter with a change in level of 2 1/2 inches. Provide an accessible route to the picnic pavilion that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

E. South Picnic Shelter - There is no accessible route from the hiking/jogging trail to the south picnic shelter. Provide an accessible route to the picnic shelter that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

F. Soccer Area - There is no accessible route from the hiking/jogging trail to the Soccer Area. Provide an accessible route to the Soccer area that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

G. South Playground Pit - There is no accessible route from the hiking/jogging trail to the south playground pit. Provide an accessible route to the playground pit area that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

28. The Larsen Nature Preserve is a 34.3 acres park facility that houses the following elements; Hiking/Jogging Trail, Playground, Dog Park, Stream/Pond and Parking.

The Park District shall complete the following modifications to Larsen Nature Preserve within one year of the effective date of this agreement:

A. Parking - The parking lot (gravel lot) is unpaved and there are no designated accessible parking spaces serving this facility. Provide one designated accessible parking space on the shortest accessible route to the building that is 96 inches wide with a 96 inch wide access aisle and a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a);(b), 4.6, 4.30.

B. Playground Equipment and Dog Park - The path leading to the play equipment and dog park is not accessible. Provide an accessible route to the accessible play equipment (transfer platform) and dog park area that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

29. Smith Park Community Recreation Center (CRC) - Smith Park is a 1.2 acres facility with the following: Community Recreation Center, Gymnasium and parking. During the winter months the City of Waukegan used the facility as a homeless shelter and occasionally as an emergency shelter.

The Park District shall complete the following modifications to Smith Park Community Recreation Center (CRC) within two years of the effective date of this agreement:

A. Parking - South Parking lot - The parking lot has 14 parking spaces. There is one accessible space provided with a sign “International Symbol of Accessibility” but no van-accessible sign. Provide a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.30.7 Fig. 9.

B. Performance Stage - There is a performance stage inside the gymnasium with no vertical access. Provide vertical access via a ramp or lift to the performance stage. §§ 4.1.3(1), 4.3.7, 4.8, 4.11.

C. The public telephone is not hearing aid compatible. Provide a public telephone that has hearing aid compatibility, a volume control and signage, and that has its highest operable part within the reach ranges specified in the Standards. §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

D. Women’s Restroom & Locker Room -

1. The pressure required to open the door to the women’s toilet room is 10 pounds. Provide a door closer such that the force required to open the door is no more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

2. Clear floor space and maneuvering clearance at doors and fixture (soap dispenser) - Access to the required clear floor space is obstructed. Provide and maintain maneuvering clearance at doors 48 inches by 56 inches and clear floor space at fixtures 30 inches by 48 inches. §§ 4.1.3 (7)(b), 4.13.6.

3. The coat hook in the designated accessible toilet stall is 66 inches above the finished floor. Provide a coat hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

4. Visual Alarms - There is no visual alarm provided within the designated accessible toilet room. Provide a visual alarm that can be seen in the accessible toilet room. §§ 4.1.3(14), 4.28.3(7).

5. The rear grab bar in the designated accessible stall is 36 1/2 inches long but does not extend past the toilet flush valve. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig.30(a).

6. Lavatory Hardware - The lavatory in the women’s toilet room has push-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

7. Hair dryers - The two electric hair dryers are mounted out of the reach ranges specified in the Standards. Provide one hair dryer so that the highest operable part of controls is within 48 inches for a front approach or 54 inches above the finished floor for a side approach. §§ 4.2.5, 4.2.6, 4.27.3.

8. Locker Room Sign - The locker room sign is not accessible. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

9. Lockers - There are no accessible lockers. Provide one locker with clothes rods or shelves at 48 inches for a front approach or 54 inches above the finished floor for a side approach. Where the distance from the wheelchair to the clothes rod or shelf exceeds 10 inches horizontally the height and depth to the rod or shelf shall be 48 inches. §§ 4.1.3(12), 4.25.3 Fig. 38(a) and Fig. 38(b).

10. The shower stall has a 4_ inch curb and a fixed shower head that is above the allowable reach range. Provide a shower stall that has a curb no higher than 1/2 inch and a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower. §§ 4.1.3(11), 4.23.8, 4.21.6, 4.21.7.

11. Shower Controls - The faucet controls in the shower stall is 64 inches above the finished floor and not accessible. Provide an accessible faucet control and operating mechanisms that can be operated with one hand and shall not require tight grasping, pinching, or twisting of the wrist. Such force required to activate controls shall be no greater than 5 ponds. §§ 4.21.5, 4.27.4.

12. Soap dish - The soap dish in the shower stall is 58 inches above the finished floor and not accessible. Provide a soap dispenser that is mounted at 48 inches above the floor for a front approach, or 54 inches above the floor for a side approach, and that has a clear floor space of 30 inches by 48 inches. §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6.

13. Visual Alarms - There is no visual alarm provided within the toilet room. Provide a visual alarm. §§ 4.1.3(14), 4.28.3(7).

E. Men’s Restroom & Locker Room

1. Door - The pressure required to open the door to the men’s toilet room is 10 pounds. Provide a door closesuch that the force required to open the door is no more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

2. The lavatory has push-type faucets that require force greater than 5 pounds to activate. Provide controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

3. The designated accessible stall is 37 inches wide by 56 inches deep and not accessible, with no rear grab bar. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted) in each room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, side grab bars, rear grab bar that is 36 inches long and does not interfere with the flush control and dispensers. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.

4. The coat hook in the designated accessible toilet stall is 64 inches above the finished floor. Provide a hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

5. Visual Alarms - There is no visual alarm provided within the designated accessible toilet room. Provide a visual alarm that can be seen in the accessible toilet room. §§ 4.1.3(14), 4.28.3(7).

6. Signage - The locker room sign is not accessible. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6

7. Lockers - There are no accessible lockers. Provide one locker with clothes rods or shelves at 48 inches above the finished floor for a front approach or a maximum of 54 inches above the finished floor for a side approach. Where the distance from the wheelchair to the clothes rod or shelf exceeds 10 inches horizontally (255 mm), the height and depth to the rod or shelf shall be 48 inches. §§ 4.1.3(12), 4.25.3 Fig. 38(a) and Fig. 38(b).

8. The shower stall has a 4 1/2 inch curb and a fixed shower head that is above the allowable reach range. Provide a shower stall that has a curb no higher than 1/2 inch and a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower. §§ 4.1.3(11), 4.23.8, 4.21.6, 4.21.7.

9. Visual Alarms - There is no visual alarm provided within the locker room. Provide a visual alarm. §§ 4.1.3(14), 4.28.3(7).

30. Upton Park is a 4.9 acres facility with the following: Basketball Court, Softball Diamond, Picnic Area/Grills, Playground, Stream/Pond, Douglas House/Special Recreation Office. The Park District shall complete the following modifications to Upton Park within two years of the effective date of this agreement:

A. Directional signage at the entrance - No directional sign is present at the inaccessible entrance. Provide directional signage indicating the location of the accessible entrance. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

B. Entrance Ramp - There is no inside handrail for the lower part of the entrance ramp. Provide a handrail on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post. §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.

C. Drinking Fountains - The spout outlet height is 38 inches above the finished floor and the fixture lacks adequate clear floor space for a front approach; Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping. Provide at least 30 inches by 48 inches clear ground space for a parallel approach. §§ 4.1.3(10), 4.15.5(2) & Figs. 27(c)(d).

D. Men’s designated accessible toilet room:

1. Entrance Door - The door has a clear opening width of 29 inches. Provide a door with a minimum clear opening width of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. §§ 4.1.3(7)(b), 4.13.5 & Fig.24.

2. The pressure required to open the door to the men’s toilet room is 7 pounds. Provide a door closer such that the force required to open the door is no more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

3. The toilet room sign on the door is not accessible. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

4. The height of the lavatory rim is 30 1/2 inches, and the lavatory apron is 26 1/2 inches above the finished floor. Provide a lavatory so that the rim or counter surface is no higher than 34 inches above the finished floor and clearance of at the least 29 inches above the finished floor to the bottom of the apron. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig.31.

5. Exposed Pipes - The hot water and drain pipes under the lavatory are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

6. Mirror - The mirror is mounted so that the bottom edge of the reflecting surface is 50 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

7. Towel Dispenser - The paper towel dispenser requires tight grasping. Provide a paper towel dispenser with operating hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(13), 4.27.4.

8. Accessible Stall Door - The stall door does not have accessible hardware. Provide with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.4, 4.17.5, 4.17.4, 4.13.9.

9. Toilet Height - The top of the toilet seat measures 15 1/2 inches above the finished floor. Provide a toilet with a seat height between 17 and 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig.30(d).

10. The toilet flush valve is on the closed, or narrow, side of the toilet stall. Provide a control on the open, or wide side of the toilet stall or install an automatic flush device. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

11. The height of the side and rear grab bar is 29 inches above the finished floor. Provide a side and rear grab bars that are 33 to 36 inches above the finished floor §§ 4.1.3(11), 4.22.4., 4.17.6, Fig. 30(c) & Fig 30(d).

12. The coat hook in the designated accessible toilet stall is 64 inches above the finished floor. Provide a hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

13. Visual Alarms - There is no visual alarm. Provide a visual alarm. §§ 4.1.3(14), 4.28.3(7).

E. Women’s designated accessible toilet room:

1. Entrance door - The door has a clear opening width of 29 inches. Provide a door with a minimum clear opening width of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. §§ 4.1.3(7)(b), 4.13.5 & Fig.24.

2. The pressure required to open the door to the men’s toilet room is 7 pounds. Provide a door closer such that the force required to open the door is no more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

3. The toilet room sign on the door is not accessible. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

4. The height of the lavatory rim is 30 inches, and the lavatory apron is 26 1/4 inches above the finished floor. Provide a lavatory so that the rim or counter surface is no higher than 34 inches above the finished floor and clearance of 29 inches above the floor to the bottom of the apron.
§§ 4.1.3(11), 4.22.6, 4.19.2 & Fig.31

5. Exposed Pipes - The hot water and drain pipes in the designated accessible toilet room are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

6. Mirror - The mirror is mounted so that the bottom edge of the reflecting surface is 49 1/2 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

7. Paper Towel Dispenser - The paper towel dispenser requires tight grasping. Provide a dispenser with operating hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(13)

8. Toilet Seat Height - The top of the toilet seat measures 15 inches above the finished floor. Provide a toilet with a seat between 17 and 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig.30(d).

9. The toilet flush valve is on the closed or narrow, side of the toilet stall. Provide a control on the open, or wide side of the toilet stall or install an automatic flush device. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

10. Grab Bar - The height of the side and rear grab bar is 29 inches above the finished floor. Provide a side and rear grab bar that are 33 to 36 inches above the finished floor. §§ 4.1.3(11), 4.22.4., 4.17.6, Fig. 30(c) & Fig 30(d).

11. The coat hook in the designated accessible toilet stall is 64 inches above the finished floor. Provide a hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

12. Visual Alarms - There is no visual alarm provided. Provide a visual alarm. §§ 4.1.3(14), 4.28.3(7).

31. Bowen Park is a 60.1 acres facility with the following: Baseball Diamond, Hiking/Jogging Trail, Historic Registered Site, Physical Fitness Course, Picnic Area/Grills, Janet Morrison Picnic Shelter, Playground, Wash Room (Restrooms), Stream/Pond, Jack Benny Center for the Cultural Arts, Lilac Center/Bowen Heritage Circle, Haines Farmhouse and Museum, Charles Whyte Pool, Bowen Formal Garden, Jane Addams Center and Parking.

The Park District shall complete the following modifications to Bowen Park within two years of the effective date of this agreement:

A. Parking:

1. Jack Benny & Goodfellows Hall - Side lot 43 spaces - 1 designated accessible with no sign. Provide 2 designated accessible spaces;

2. Wash Room Building - 18 spaces - 2 designated accessible spaces with no sign. Provide signs designating accessible spaces;

3. Basket Ball Court - South parking lot 47 Spaces - 1 designated accessible space with no sign. Provide 2 designated accessible spaces;

4. Haines Museum - 14 spaces - 1 accessible space with no sign. Provide 1 designated accessible space;

5. Lilac Cottage - North lot 6 spaces - 2 accessible spaces, south lot 70 spaces - 1 designated accessible space with no sign. Provide 3 designated accessible spaces;

6. Ball Field - 79 spaces - 1 designated accessible space with no sign. Provide 3 designated accessible spaces;

7. Raymond Research Library - 12 spaces - 1 accessible space with no sign. Provide accessible signage;

Provide signs at each space, using the International Symbol of Accessibility, located so that the signs cannot be obscured by a vehicle parked in the space. Provide the requisite number of designated accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards. §§ 4.1.2(5)(a) & (5)(b), 4.6, 4.6.4, 4.30.7(1).

B. Jack Benny Center - The lower level designated accessible toilet rooms lack grab bars in the men’s and women’s rooms. Provide a side and rear grab bar that are33 to 36 inches above the finished floor §§ 4.1.3(11), 4.22.4., 4.17.6, Fig. 30(c) & Fig 30(d).

C. Jane Addam’s Child Care Center -

1. Men’s designated accessible toilet room:

a. The pressure required to open the door to the men’s toilet room is 12 pounds. Provide a door closer such that the force required to open the door is no more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

b. The toilet room sign is not provided. Provide a sign with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. The height of the lavatory rim is 30 inches, and the lavatory apron is 26 3/4 inches above the finished floor; Provide a lavatory so that the rim or counter surface is no higher than 34 inches above the finished floor and clearance of at the least 29 inches above the finished floor to the bottom of the apron. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig.31.

d. Hardware - The lavatory in the men’s toilet room has a twist-type faucets on the hot & cold side. Provide controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate.
§§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

e. Exposed Pipes - The hot water and drain pipes in the designated accessible toilet room are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

f. Mirror - The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor.
§§ 4.1.3(11), 4.22.6, 4.19.6.

g. Designated Accessible Stall -

1. The designated accessible stall door does not have accessible hardware and the door clear opening is 30 1/2 inches. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Provide a door with a minimum clear opening of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. §§ 4.1.3(11), 4.22.4, 4.17.5, 4.17.4, 4.13.5, 4.13.9.

2. The top of the toilet seat measures 15 inches above the finished floor. Provide a toilet with a seat height between 17 and 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig.30(d).

3. The toilet in the designated accessible stalls has a toilet centerline of 20 1/2 inches from the wall. Provide a toilet so that the centerline is 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(a).

h. Visual Alarms - There is no visual alarm provided within the designated accessible toilet room. Provide a visual alarm that can be seen in the accessible toilet room §§ 4.1.3(14), 4.28.3(7).

2. Women’s designated accessible toilet room:

a. The toilet room sign is not provided. Provide a sign with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The height of the lavatory rim is 30 inches, and the lavatory apron is 27 inches above the finished floor; Provide a lavatory so that the rim or counter surface is no higher than 34 inches above the finished floor and clearance of at the least 29 inches above the floor to the bottom of the apron. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig.31.

c. Hardware- The lavatory in the women’s toilet room has twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

d. Exposed Pipes - The hot water and drain pipes in the designated accessible toilet room are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

e. Mirror - The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

f. Designated Accessible Stall -

1. The stall door does not have accessible hardware and the door clear opening is 30 1/2 inches. Provide with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. And provide a door with a minimum clear opening of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. §§ 4.1.3(11), 4.22.4, 4.17.5, 4.17.4, 4.13.5, 4.13.9.

2. The top of the toilet seat measures 15 inches above the finished floor. Provide a toilet with a seat between 17 and 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig.30(d).

g. Alarms - There is no visual alarm. Provide a visual alarm. §§ 4.1.3(14), 4.28.3(7).

D. Wash Room Building:

1. The Men’s and Women’s toilet room signs on the wall are not accessible. Provide a signs with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2. The Men’s and Women’s lavatories provide no knee space. Provide lavatories so that the rim or counter surface is no higher than 34 inches above the finished floor and clearance of at the least 29 inches above the floor to the bottom of the apron §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig.31 of the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31, Fig. 32.

3. The coat hook in the Men’s and Women’s designated accessible toilet stall is 64 inches above the finished floor. Provide a hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

4. The drinking fountain lacks adequate clear floor space for a front approach; provide at least 30 inches by 48 inches clear ground space for a parallel approach §§ 4.1.3(10), 4.15.5(2) & Figs. 27(c), (d).

5. Play Area - There is no accessible route from the accessible parking lot in front of the wash room building to the playground area, and the play surface in not accessible. Provide an accessible playground surface to one transfer element. Provide an accessible route from the parking lot to the playground pit area that is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

E. Haines Museum -

1. There are no handrails for the entrance ramp. Provide handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post and that otherwise complies with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.

2. There is a 3 inch change in level at the threshold to the front/side entrance door. Provide a threshold so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.1.3(7)(a), 4.13.8, 4.5.2.

3. The interior stairways do not have handrails on both sides. Provide handrails on both sides of all stairs. Handrails shall be continuous along both sides of stairs. If handrails are not continuous, they shall extend at least 12 inches beyond the top riser and at least 12 inches plus the width of one tread beyond the bottom riser. §§ 4.1.3(4), 4.9.4.

F. Lilac Cottage

1. There is a 1 inch change in level at the interior vestibule threshold. Provide a threshold so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway to provide maneuvering clearances at the door. §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6.

2. Men’s and Women’s toilet rooms

a. Signs are on the door and not accessible. Provide signs with raised characters and Braille on the wall adjacent to the latch side of the doors so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The hot water and drain pipes under the lavatories are not insulated or configured to protect against contact. Provide insulation or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

c. The lavatories have twist-type faucets that are set above the required lbf on the hot & cold side of both faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

d. Mirrors are mounted so that the bottom edge of the reflecting surface is 43 1/2 inches above the floor in the men’s room and 46 inches above the floor in the woman’s room. Provide mirrors that are mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. §§ 4.1.3(11), 4.22.6, 4.19.6.

e. The toilet paper dispensers are located above the grab bar at 41 inches in the men’s room and 39 inches in the women’s room. Provide dispensers that are no more than 36 inches from the back wall and no less than 19 inches from the finished floor to the centerline of the dispenser. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig.30(d).

3. The top of the toilet seats measures 15 inches above the finished floor. Provide a toilet with a seat between 17 and 19 inches above the finished floor. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig.30(d).

4. The designated accessible stalls are less than 60 inches wide. Provide a “standard” accessible toilet stall in each room at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted) in the each room. §§ 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.

5. The coat hooks are 64 inches above the finished floor. Provide a hook that is no higher than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

G. Grosche Field

1. There are no wheelchair locations in the spectator seating at the stadium. Provide two wheelchair locations in the spectator seating area that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat, and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.3, 4.5, 4.33 & Fig.46.

2. The Men’s and Women’s lavatories provide no knee space. Provide a lavatory so that the rim or counter surface is no higher than 34 inches above the finished floor and clearance of at the least 29 inches above the floor to the bottom of the apron §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig.31 of the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31, Fig. 32. Fig. 31, Fig.32.

MISCELLANEOUS PROVISIONS

32. Except as otherwise specified in this Agreement, at three, six, nine, 12 and 24 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the Waukegan Park District will submit written reports to the Department summarizing the actions the Waukegan Park District has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

33. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the Waukegan Park District will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

34. Within 120 days of the effective date of this Agreement, the Waukegan Park District will develop or procure a two-hour training program on the requirements of the ADA and the appropriate procedures for interacting with persons with disabilities. The Waukegan Park District will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

35. Within one year of the effective date of this Agreement, the Waukegan Park District will deliver its training program to all Waukegan Park District employees who have direct contact with members of the public. At the end of that period, the Waukegan Park District shall submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

36. If at any time the Waukegan Park District 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.

37. The Department may review compliance with this Agreement at any time. If the Department believes that the Waukegan Park District 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 Waukegan Park District 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 Waukegan Park District, 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.

38. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the Waukegan Park District 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.

39. 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.

40. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the Waukegan Park District or the Department on request.

41. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments), 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 Waukegan Park District continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

42. This Agreement will remain in effect for thee years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the Waukegan Park District has been achieved, whichever is earlier.

43. The person signing for the Waukegan Park District represents that he or she is authorized to bind the Waukegan Park District to this Agreement.

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

For the Waukegan Park District:

For the United States:

By: ____________________________ Mr. Greg Petry Executive Director, Chief Executive Officer Waukegan Park District 945 North Sheridan Rd. Waukegan, IL 60085 Date: _________10/15/03_________________

R. ALEXANDER ACOSTA, Assistant Attorney General Civil Rights Division By:_____________________________ JOHN L. WODATCH, Chief MARY LOU MOBLEY, Acting Deputy Chief JOSH MENDELSOHN, Supervising Attorney DANA LEE JACKSON, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYA Washington, DC 20530 Date: ___2/27/04______________________

Attachment A

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Waukegan, Waukegan Illinois will not discriminate against qualified individuals with disabilities on the basis of disability in theCity of Waukegan services, programs, or activities.

Employment: The City of Waukegan does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The City of Waukegan will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in theCity of Waukegan programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City/County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City of Waukegan programs, services, and activities. For example, individuals with service animals are welcomed in City of Waukegan offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City of Waukegan program, service, or activity, should contact the office of [name and contact info for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City of Waukegan to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a City of Waukegan program, service, or activity is not accessible to persons with disabilities should be directed to [Name and contact information of ADA Coordinator].

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.

Attachment B

Waukegan Park District, Waukegan Illinois


Grievance Procedure under
The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Waukegan Park District. The Waukegan Park District’s Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

[Name and address of ADA Coordinator]

Within 15 calendar days after receipt of the complaint, [name of ADA Coordinator] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, [name of ADA Coordinator] or [his/her] designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Waukegan Park District and offer options for substantive resolution of the complaint.

If the response by [name of ADA Coordinator] or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Mr. Greg Petry. Executive Director or his designee.

Within 15 calendar days after receipt of the appeal, the Executive Director of the Waukegan Park District his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Executive Director or [his/her] designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the Executive Director or [his/her] designee, and responses from these two offices will be retained by the Waukegan Park District for at least three years.

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February 27, 2004