FACT SHEET

Settlement Agreement between the United States of America and the City of Wilmington, North Carolina

On November 10, 2009, the Department of Justice entered into a settlement agreement with the City of Wilmington, North Carolina, under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35, as well as section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

The Department of Justice initiated a compliance review of the City of Wilmington, North Carolina in August, 2006. An on-site survey of City facilities, programs, activities, and services was conducted in November, 2007. The agreement covers the following facilities: Parking Deck at 2nd and Market Streets, the Riverwalk along the West side of the City, Greenfield Park, Public Services and Storm Water Administration, Storm Water and Facility Operations, Fire Station 7, Fire Station 8, Fire Station 9, Fire Station 11, Halyburton Park, Wilmington Police Headquarters, Street Maintenance Department, Solid Waste Office, Sherriedale Morgan Boxing Center, Fit For Fun Center, Legion Stadium, Sunset Park, Cameron Park, Southgate Park, Hanover Heights Park, Northside Park and Earl Jackson Pool, and Maides Park.

In addition, the agreement covers programs, activities, and services housed in the following facilities: 2nd Street Parking Deck between Princess and Chestnut, 2nd Street Parking Lot at Market Street, Hilton Park, City Hall and Thalian Hall, Hemenway Park, Municipal Center, Innes Park, Park Administration Building, Optimist Park, Godwin Stadium, Greenfield Park, Wallace Park, Rankin Park, Church and Nun Park, Nunalee Park, Thomas B. Lilly (Forrest Hills) Park, Beaumont Park (Forrest Hills), Empie Park, Mother's Park, Tower Park, Dram Tree Park, Wilmington City Golf Course, Martin Luther King Center, Robert Strange Park, Kennedy Park, Love Grove (Archie Blue Park), Anne McCrary Park, M. Hemenway Community Center, and Triangle Park.

City staff worked cooperatively with the Department throughout the compliance review in order to reach a settlement agreement that sets out a plan for making physical and policy modifications required for ADA compliance.

Among other things, the City has agreed to:

• 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;

• Adopt a grievance procedure to deal with complaints of disability discrimination;
• Amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990;
• Implement a plan for accessibility of sidewalks and curb cuts throughout the City;
• Ensure that the City's official website is accessible to persons with disabilities;
• 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; and
• Install signs at any inaccessible entrance to a facility directing users to an accessible entrance or to information about other accessible facilities.
• Make physical modifications to its facilities specified in the agreement so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters, and drinking fountains are accessible to persons with disabilities;

The settlement agreement will remain in effect for 3 years from November 10, 2009.

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