SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF WESTON, WEST VIRGINIA
DEPARTMENT OF JUSTICE COMPLAINT NUMBERS 204-83-22 & 204-83-33
BACKGROUNDA. SCOPE OF THE INVESTIGATION
This matter was initiated by two complaints 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 Weston, West Virginia (“City”). The complaints were received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F.
The complainants alleged that structural barriers and other deficiencies make the programs, services and activities offered in the Municipal Building and the Fire Department Building inaccessible to persons with mobility impairments.
The Department limited its program access review to those of the City’s programs, services, and activities that operate in the Municipal Building, the Fire Department Building, Center Avenue Parking Lot, Water Street Parking Lot, and River Avenue Parking Lot. The Department’s review also included the location of the City Council Meetings, which had been moved, subsequent to the filing of the complaint, from the Municipal Building to the Senior Citizens’ Center. Construction or alterations did not commence after January 26, 1992, for all of the facilities except the Senior Citizens’ Center, which is owned and operated by the County.B. 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 Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaints 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.
REMEDIAL ACTION3. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit on the matters addressed in paragraphs 5 through 11, except as provided in paragraphs 14 and 15.
4. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design (“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. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.C. POLICIES AND PROCEDURES
5. The City stated that its alternate accessible location for City Council Meetings is the Senior Citizens’ Center. Within 15 days of the effective date of this Agreement, the City will adopt and implement the policy (Attachment A) and post copies of this policy in conspicuous locations in the Municipal Building to inform citizens that if they wish to attend a City Council Meeting and require special assistance or accommodations to inform the City Clerk within 24 hours of the scheduled meeting to ensure accessibility to individuals with disabilities.
6. Within two months of the effective date of this Agreement, the City 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.).
7. The City will publicize its central TTY telephone number on the same basis as its voice number, through its inclusion on City letterhead that is ordered, City publications that appear, and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TTY number functions as a TTY number for all City offices and will be reiterated in subsequent publications and local telephone book editions for the life of this Agreement.
8. Within two months of the effective date of this Agreement, the City will implement and report to the Department its written procedures to ensure that TTY calls are returned by the appropriate City 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 City employee to communicate with the caller on the same day in order to establish a time frame for the call-back.
9. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Massachusetts 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.D. SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCES
10. Within 30 days of the effective date of this Agreement, the City will provide signage on Municipal Building entrances that are not accessible indicating the direction to the accessible entrance, as necessary to comply with 28 C.F.R. § 35.163(b) and the Standards, §§ 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
11. Within 30 days of the effective date of this Agreement, the City will provide permanent signage, including the International Symbol of Accessibility, adjacent to the entrance of the Sanitary Board Office indicating the direction to the accessible entrance. §§ 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
12. Within 30 days of the effective date of this Agreement, the City will provide permanent signage, including the International Symbol of Accessibility, on the inaccessible counter in the Police Department’s Office notifying individuals with disabilities to use the side access to the counter. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
13. Within 60 days of the effective date of this Agreement, the City will provide a call button adjacent to the Municipals Building’s general office space and provide permanent signage, including the International Symbol of Accessibility and indicating “if in need of assistance, please ring call button”. As appropriate, the City will conduct business at an accessible location in the hallway or foyer. The door to the general office space and the City Clerk’s Office must also maintain its “open door” policy, i.e., keeping the door open during business hours. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.E. PHYSICAL CHANGES
11. In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions.
A. The City must complete the following alterations to the Municipal Building within 6 months of the effective date of this Agreement:1. The parking space designated for people with disabilities is not van-accessible. Provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide, with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a) & (b), 4.6.3 & Fig.9, 4.6.4.
2. The entrance designated for people with disabilities is accessed by a ramp that has a run 173 inches long and a rise 8 inches high but lacks handrails. 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 comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.
3. The water fountain in front of the Sanitary Board’s Office has a spout that is 42 inches high. Provide a fountain with a spout height no higher than 36 inches above the finished floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.
4. The water fountain on the second floor has a spout that is 42 inches high. Provide a fountain with a spout height no higher than 36 inches above the finished floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.
5. Provide women’s and men’s toilet rooms on the first floor that are accessible to individuals with disabilities as specified in paragraphs 6 - 7 below, or provide an accessible “unisex” toilet room identified by the International Symbol of Accessibility on an accessible route so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, urinal (men’s only if provided), grab bars, lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.1.6(3)(e)(i), 4.1.2(7)(d), 4.22, 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.25, 4.26, 4.27, 4.30.
6. The women’s toilet room on the first floor is inaccessible to individuals with disabilities. If an accessible “unisex” toilet room is provided, provide directional signs at the inaccessible toilet room and in conspicuous places directing users to the location of the accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5. Otherwise, the City must complete the following alterations:a. The toilet’s room’s accessible signage is mounted on the center of the door. 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.
b. The door to the toilet room has a clear opening width of 27 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.
c. The designated accessible stall is 36 inches deep and 56 inches wide. Provide an accessible stall with a minimum depth of 56 inches and a minimum width of 60 inches. §§ 4.17.3 & Fig. 30(a).
d. The designated accessible stall has no rear grab bar. Provide a rear grab bar that is at least 33-36 inches from the finished floor, and 36 inches long with the end closest to the side wall mounted no more than 6 inches from the side wall. §§ 4.22.4, 4.17.6, Fig. 30(c), 4.26.2.
e. The designated accessible stall has two side grab bars. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, the end farthest from the back wall is located at least 52 inches from the back wall, and the space between the wall and the bar is exactly 1 1/2 inches. §§ 4.22.4, 4.17.6 & Fig. 30(d), 4.26 and Fig. 39(e).
f. The door coat hook in the designated accessible stall is located 68 inches above the floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.25.3, 4.2.5, Fig. 5, 4.2.6, Fig. 6.
g. The toilet flush valve control in the stall is on the closed, or narrow, side of the toilet stall. Alter the control so that it is on the open, or wide side of the toilet stall or install an automatic flush device. §§ 4.22.4, 4.17.2, 4.16.5.
h. The height of the lavatory provides a clearance of 26 inches from the finished floor to the bottom of the apron and a knee clearance that is 4 inches deep. Provide a lavatory that has a clearance of at least 29 inches above the finished floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finished floor. §§ 4.22.6, 4.19.2 & Fig. 31.7. The men’s toilet room on the first floor is inaccessible to individuals with disabilities. If an accessible “unisex” toilet room is provided, provide directional signs at the inaccessible toilet room and in conspicuous places directing users to the location of the accessible toilet room. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5. Otherwise, the City must complete the following alterations:
a. The toilet’s room’s accessible signage is mounted on the center of the door. 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 finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
b. The door to the toilet room has a clear opening width of 27 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.
c. The designated accessible stall is 36 inches deep and 56 inches wide. Provide an accessible stall with a minimum depth of 56 inches and a minimum width of 60 inches. §§ 4.17.3, Fig. 30(a).
d. The designated accessible stall has no rear grab bar. Provide a rear grab bar that is at least 33-36 inches from the finished floor, and 36 inches long with the end closest to the side wall mounted no more than 6 inches from the side wall. §§ 4.22.4, 4.17.6, Fig. 30(c), 4.26.2.
e. The designated accessible stall has two side grab bars. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, the end farthest from the back wall is located at least 52 inches from the back wall, and the space between the wall and the bar is exactly 1 1/2 inches. §§ 4.22.4, 4.17.6 & Fig. 30(d), 4.26 and Fig. 39(e).
f. The door coat hook in the designated accessible stall is located 68 inches above the floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.25.3, 4.2.5, Fig. 5, 4.2.6, Fig. 6.
g. The toilet flush valve control in the stall is on the closed, or narrow, side of the toilet stall. Alter the control so that it is on the open, or wide side of the toilet stall or install an automatic flush device. §§ 4.22.4, 4.17.2, 4.16.5.8. The doorway leading from the Municipal Building to the Police Department has a clear opening width of 27 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.
9. The council meeting room has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30.7(4), 4.33.B. The City shall complete the following modifications to the Municipal Parking Lots within 3 months of the effective date of this Agreement:
1. Center Avenue Parking Lot
There are 10 public parking spaces; none are designated accessible parking spaces. One space is required, which must be van accessible. Provide one van-accessible parking space served by an access aisle at least 96 inches wide, and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
2. Water Street Parking Lot
There are 21 public parking spaces; none are designated accessible parking spaces. One space is required, which must be van accessible. Provide one van-accessible parking space served by an access aisle at least 96 inches wide, and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
3. River Avenue Parking Lot
There are public parking spaces but none are paved or striped. Provide an accessible parking area that is stable, firm, and slip resistant. Provide two designated accessible spaces, one of which is a van-accessible parking space served by an access aisle at least 96 inches wide, and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(1), 4.3.6, 4.5.1, 4.6.3 & Fig. 9, 4.6.4; 28 C.F.R. § 35.133.C. Within one month of the effective date of this Agreement, the City will request in writing that the County take the following actions to its Senior Citizens Center in order to comply with the requirements of the Standards §§ 4.1.2(l), 4.3, and 4.26. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department.
1. The parking lot has two accessible spaces opposite the entrance door and another two spaces to the right of the entrance. There are no access aisles, no van-accessible space, and the spaces opposite the entrance have no signs. Provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. The second space designated for people with disabilities must be 96 inches wide and have a 60 inch access aisle, with a sign, using the International Symbol of Accessibility, located so that the sign cannot be obscured by a vehicle parked in the space; these two spaces may share a single 96 inch wise aisle parking space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4, 4.30.7(1).
2. The women’s and men’s toilet room on the first floor have the following deficiencies:a. The toilet rooms do not have accessible signage. Provide signs, using raised characters and Braille, on the walls adjacent to the latch side of the doors so that the centerline of the signs are 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. In each toilet room, the designated accessible stall has no rear grab bar. Provide a rear grab bar that is at least 33-36 inches from the finished floor, and 36 inches long with the end closest to the side wall mounted no more than 6 inches from the side wall. §§ 4.22.4, 4.17.6, Fig. 30(c), 4.26.2.
c. In each toilet room, the designated accessible stall has two side grab bars. Remove the extra side grab bar (to the right of the toilet, when facing the toilet) and ensure that the space between the wall and the remaining bar is exactly 1 1/2 inches. §§ 4.22.4, 4.17.6 & Fig. 30(d), 4.26 and Fig. 39(e).
d. In each toilet room, the door coat hook in the designated accessible stall is located 66 inches above the floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or, if that is not available, 48 inches above the finished floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.
e. In each toilet room, the soap dispenser and paper towel dispensers are mounted over the lavatory; the forward reach control is 26 inches from the face of the lavatory. Provide soap and paper towel dispensers so that their highest operable parts are within the reach ranges of a person who uses a wheelchair. §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.
f. In each toilet room, the toilet flush valve control in the stall is on the closed, or narrow, side of the toilet stall. Provide a control so that it is on the open, or wide side of the toilet stall or install an automatic flush device. §§ 4.22.4, 4.17.2, 4.16.5.
g. In each toilet room, the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes consistent with the Standards. §§ 4.22.6, 4.19.4.3. There is a drinking fountain that is accessible to people who use wheelchairs but not one accessible to people who have difficulty bending or stooping. Provide a fountain, a water cooler, or a cup dispenser at a height convenient to individuals who have difficulty bending. § 4.1.3(10)(a).
D. The City shall complete the following modifications to the Fire Department within 12 months of the effective date of this Agreement:
1. There are less than 50 but greater than 25 public parking spaces; none are designated as accessible for people with disabilities. Two spaces are required, one of which must be van accessible. Provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles at least 60 inches wide (or share the 96 inches wide aisle) and signage that comply with the Standards for at least one more accessible parking space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
2. There is no accessible route from the accessible parking spaces to the accessible public side entrance. Provide an accessible route from the accessible parking spaces to the entrance, including a curb ramp from the accessible parking to the sidewalk. §§ 4.1.2(2), 4.3, 4.5, 4.7.
3. There is no accessible route from the accessible public side entrance through the fire truck bays to the Fire Station meeting room. Provide an accessible route that is firm, stable, and slip resistant. §§ 4.1.2(2), 4.3, 4.5.
4. There is a 5 inch change in elevation at the threshold to the entrance doors to the Fire Station meeting room. 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 (may be portable) 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. §§ 4.5.2, 4.8, 4.13.6, 4.13.8.
5. The public unisex toilet room in the building is inaccessible. Provide a toilet room so 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, urinal (men’s only, if provided), lavatory, mirror, controls and dispensers, and signage comply with the Standards. §§ 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.
IMPLEMENTATION AND ENFORCEMENT12. Any new construction or future alterations undertaken by the City will be done in a manner that complies with the Standards.
13. Except as otherwise specified in this Agreement, at 90 and 270 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date for the life of this Agreement, the City will submit detailed written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. These reports will include photographs of its posted notice and the modifications required by this Agreement.
14. 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.
15. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.
16. 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.
17. This Agreement is a public document. A copy of this document or any information contained in it shall be made available to any person by the City or the Department on request.
18. 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.
19. The effective date of this Agreement is the date of the last signature below.
20. This Agreement will remain in effect for one year after the date of the final deadline set forth in this Agreement.
21. The person signing for the City of Weston represents that he is authorized to bind the City to this Agreement.
For the City : For the United States:
By:
MAYOR JON J. TUCCI
City of Weston
Weston, West Virginia 26452
Date: 8-19-03
J. MICHAEL WIGGINS
Acting Assistant Attorney General
By:
JOHN WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
JOSH MENDELSOHN, Supervisory Attorney
NATALIE SINICROPE, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice – NYA
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Date: 8-22-03
Attachment A to Settlement Agreement between the United States of America and
Bend, Oregon in DJ# 204-61-145
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 will not discriminate against qualified individuals with disabilities on the basis of disability in the City services, programs, or activities.
Employment: The City 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 will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s 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 will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City 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 program, service, or activity, should contact the office of the City Clerks at 304-269-6141 (add TTY number) as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the City 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 program, service, or activity is not accessible to persons with disabilities should be directed to the City Clerks at 304-269-6141 (add TTY number).
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.
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February 24, 2005