FACT SHEET

Settlement Agreement

between

the United States of America

and the City of Wendell, Idaho

On August 3, 2009, the Department of Justice entered into a settlement agreement with Wendell, Idaho, 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 under 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 the City of Wendell in July, 2008, in response to a complaint regarding the accessibility of the City's sidewalks, the City hall building, and the library.

The Department conducted an on-site survey of City buildings, parks, programs, and services in September, 2008. Facilities covered by the agreement include: the Wendell City Hall/Police Department, the library, and two city parks.

The Department also reviewed Wendell's policies and procedures regarding sidewalk maintenance, as well as the Wendell Police Department's policies and procedures regarding effective communication with persons who are deaf, are hard of hearing, or have speech impairments.

City staff worked cooperatively with the Department throughout the investigation in order to reach an agreement.

The text of the settlement agreement specifies the modifications Wendell will be making to its programs, services, and facilities. Among other things, the City has agreed to:

• make physical modifications to its parks so that parking, routes into the buildings, routes between the different elements of the park, restrooms, and drinking fountains are accessible to people with disabilities;
• post, publish, and distribute a notice to inform members of the public of the provisions of title II and their applicability to the City's programs, services, and activities;
• develop a method for providing information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and programs;
• install signs at any inaccessible entrance to a facility directing persons with disabilities to an accessible entrance or to information about other accessible facilities.

Wendell, Idaho is located in Gooding County in Southern Idaho, about 100 miles southeast of Boise and 22 miles northwest of Twin Falls. According to the 2000 Census, Wendell has approximately 2,300 residents, with one in five residents being a person with a disability. Agriculturally-based Gooding County is known for its dairy industry.

The settlement agreement will remain in effect for three years from August 3, 2009, or until all required actions have been completed, whichever is later.

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