SETTLEMENT AGREEMENT BETWEEN


THE UNITED STATES OF AMERICA


AND


THE CITY OF WARREN, OHIO


DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-57-89







BACKGROUND

 

A.        SCOPE OF INVESTIGATION


This matter was initiated by a complaint 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 Warren, Ohio (“City”). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleges that structural barriers and other deficiencies make the programs, services, and activities offered in the City’s Municipal Justice Building inaccessible to persons with mobility impairments. The complaint was later expanded to allege that the programs, services, and activities offered in all the City buildings were not accessible to persons with disabilities. The allegations, taken together, suggest that persons with disabilities are excluded from participation in, or are denied the benefits of City services, programs, and activities due to the City’s failure to comply with title II of the ADA.


Because the City receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of § 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 expanded the scope of the investigation to include the City’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 regulations (28 C.F.R. Part 35), 28 C.F.R. § 35.105;

 

          to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;

 

          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”) or the Uniform Federal Accessibility Standards (“UFAS”);

 

          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 City communicates by telephone, to communicate through a teletypewriter (“TTY”), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;

 

          to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;

 

          to provide information for interested persons with disabilities concerning the existence and location of the City’s 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).


The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: Municipal Justice Building, City Hall Building, Law Department Building, Data Processing Center Building, Packard Music Hall, Packard Park Shelter House, Community Services Building, Van Building, Engineering Department Building, Water Department Building, Perkins Park, and Packard Park. Construction or alterations did not commence after January 26, 1992, at any of these facilities. The City also conducts programs in the following facilities: Operations Department Building, Water Pollution Center Building, and Sanitation Department Building; however, the programs in these facilities were not reviewed because the City informed the Department that these facilities were not generally open to the public.


 

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 complaint 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.

 

3.         The Department is authorized under 28 C.F.R. Part 42, Subpart G, to investigate the complaint in this matter to determine the City’s compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

 

C.        ACTIONS COMPLETED BY THE CITY

 

4.         The City has installed drinking fountains or water coolers in the Municipal Justice Building so that they are accessible to individuals who use wheelchairs and accessible to those who have difficulty bending or stooping.

 

5.         The City has installed public telephones in the Municipal Justice Building so that they are accessible to individuals with disabilities.

 

6.         The City has installed TTY’s in the Records Room of the Municipal Justice Building. The TTY number for the Records Room is painted, along with other contact information, on a glass panel at the entrance to the suite in which the Records Room is located.

 

7.         The City has installed TTY’s in the Dispatch Center of the Municipal Justice Building. There is a dedicated line only for TTY at the Dispatch Center. The Dispatch Center can be reached by TTY through both the 911 computer system and a 7-digit emergency number. When hearing-impaired persons use the relay system to call the 911 center, they are transferred automatically to dispatchers with TTY to communicate with them.

 

8.         The City has installed a TTY in the State Rape Crisis Center of the Community Development Department in the Community Services Building.


The parties to this Agreement are the United States of America and the City of Warren, Ohio. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:


REMEDIAL ACTION

 

9.         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 in this matter regarding Parts A, B, C, and D below, except as provided in Paragraphs 30 and 32 below.

 

10.       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. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

 

A.        POLICIES AND PROCEDURES

 

11.       In order to inform members of the public of the provisions of title II and their applicability to the City's programs, services and activities, the City will publish, within thirty (30) days of the effective date of this Agreement, the following notice, on two separate occasions, in a newspaper of general circulation serving Warren, Ohio. Additionally, the City will post the following notice in conspicuous locations in the Municipal Justice Building within thirty (30) days of the effective date of this Agreement, and will provide a copy of the notice to any person upon request.

 

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Warren (“City”) will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters, whenever necessary to ensure effective communication with members of the public who are deaf or hard of hearing. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact the City of Warren Human Resources Department at (330) 841-2610 as far in advance as possible. 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.

 

A person with a disability who requires an accommodation or an auxiliary aid or service, such as an assistive listening device or a sign language interpreter, to participate in a court proceeding to be held in the Municipal Justice Building should contact the Director of Human Resources at (330) 841-2610 as far in advance as possible, but no later than forty-eight (48) hours prior to the scheduled time of the proceeding. If a party is represented by counsel, it is the responsibility of the attorney to make such request on behalf of his/her client and/or witness. 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.

 

B.        EFFECTIVE COMMUNICATION

 

12.       In order to provide effective communication for hearing-impaired and speech-impaired persons, the City will acquire, within thirty (30) days of the effective date of this Agreement, a TTY for use in the Data Processing Center Building. In that building, the TTY will be placed in the room designated for providing services to persons who cannot access other parts of the City Hall complex.

 

13.       In order to ensure that communications with persons with disabilities are as effective as communications with others, the City will provide auxiliary aids and services, such as sign language interpreters, when necessary in public City meetings and court proceedings at the Municipal Justice Building, upon prior request.

 

C.        STRUCTURAL MODIFICATIONS


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:

 

14.       The City shall complete the following alterations to the Municipal Justice Building within one (1) year of the effective date of this Agreement:

 

            a.          Accessible Parking

 

                        (1)       Only 2 accessible parking spaces are provided in the parking lot, which has a total of 141 parking spaces. Provide at least 3 additional accessible parking spaces complying with the Standards. Standards §§ 4.1.2(5)(a), 4.6.

 

                        (2)       None of the accessible parking spaces serving the Municipal Justice Building is van accessible with an access aisle at least 96 inches wide. Provide at least one accessible parking space with an access aisle at least 96 inches wide and with a sign with the words “Van-Accessible” mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4.

 

            b.         Ladies’ Public Restroom on Street Level (Front Entrance)

 

                        (1)       The clearance from the finish floor to the bottom of the lavatory apron is 27¾ inches. Provide a lavatory with a clearance of at least 29 inches from the finish floor to the bottom of the apron. Standards § 4.19.2.

 

                        (2)       The grab bars on the toilet seat in the designated accessible stall impinge on the clear floor space of the toilet. Remove the grab bars on the toilet seat. Standards § 4.17.3, Fig. 30.

 

                        (3)       There is no rear grab bar in the designated accessible stall, and the side grab bars are mounted 16 inches from the rear wall. Provide a rear grab bar that is at least 36 inches long and is mounted between 33 and 36 inches high and no more than 6 inches from the side wall, and move the near side grab bar so that it is mounted no more than 12 inches from the rear wall. Standards § 4.17.6, Fig. 30.

 

                        (4)       The designated accessible stall is 41¼ inches wide and 98¾ inches deep. Alter the accessible stall so that it is at least 60 inches wide. Standards

                                    § 4.17.3, Fig. 30.

 

            c.         Men’s Public Restroom on Street Level (Front Entrance)

 

                        (1)       The lavatory has “twist-type” faucets. Provide a lavatory with faucets that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

 

                        (2)       The soap dispenser by the lavatory is mounted so that its operating mechanism is 59½ inches above the finish floor. Provide a soap dispenser that is no more than 48 inches above the finish floor for a front reach or no more than 54 inches above the finish floor for a side reach. Standards

                                    §§ 4.2.5, 4.2.6, 4.27.3.

 

                        (3)       The designated accessible stall is 42 inches wide and 90 inches deep. Provide an accessible stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards § 4.17.3, Fig. 30(a).

 

                        (4)       The designated accessible stall door has a 30 inch wide opening. Alter the door so that its clear opening width is 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5.

 

                        (5)       There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long and is mounted between 33 and 36 inches high and no more than 6 inches from the side wall. Standards

                                    § 4.17.6, Fig. 30.

 

            d.         Rear Entrance at Ground Level

 

                        (1)       The buzzer by the rear entrance is mounted so that its operating mechanism is 59½ inches above the ground. Lower the buzzer so that its highest operating mechanism is no more than 48 inches above the finish ground for a forward reach or no more than 54 inches above the ground for a side reach. Standards §§ 4.2.5, 4.2.6, 4.27.3.

  

                        (2)       The handle on the rear door is more than 48 inches above the ground. Lower the handle so that it is no more than 48 inches above the ground. Standards § 4.13.9.

 

            e.          Prosecutor’s Office on 2nd Floor

 

                        (1)       The top of the service counter in the Prosecutor’s Office is 37½ inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means. Standards § 7.2(2).

 

                        (2)       The table in the Prosecutor’s Office has only a 23 inch high knee clearance. Provide a table with at least a 27 inch high knee clearance. Standards § 4.32.3.

 

            f.         Clerk of the Municipal Court Office on 2nd Floor. The top of the service counter in the Clerk of the Municipal Court Office is 43 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means. Standards § 7.2(2).

 

            g.         Courtrooms 1 and 2 on 2nd Floor. There is a change in level from the courtroom floor into the jury box floor that is greater than ½ inch, and no ramp is provided. Provide a ramp into the jury box that meets the requirements of the Standards. Standards §§ 4.5.2, 4.8.

 

15.       The City shall complete the following alterations to the City Hall Building, Law Department Building, and Data Processing Center Building within one (1) year of the effective date of this Agreement:

 

            a.         Accessible Parking (Shared Lot)

 

                        (1)       No access aisles are provided for the two designated spaces in the shared lot and there is no van accessible parking space. Alter the parking lot so that each accessible parking space has an access aisle at least 60 inches wide and at least one parking space has an access aisle at least 96 inches wide and a sign with the words “Van-Accessible” mounted below the symbol of accessibility (two accessible parking spaces can share an access aisle). Standards §§ 4.1.2(5), 4.6.3, 4.6.4.

 

            b.         Public Access Room

 

                        (1)       The top of the table currently in the Public Access Room in the Data Processing Center Building is less than 28 inches above the finish floor. Provide a table with a top between 28 and 34 inches above the finish floor. Standards § 4.32.4.

 

16.       The City shall complete the following alterations to the Packard Music Hall within one (1) year of the effective date of this Agreement:

 

            a.         Accessible Parking

 

                        (1)       Only 6 accessible parking spaces are provided in the parking lot, which has a total of 235 parking spaces. Provide at least 1 additional accessible parking space complying with the Standards. Standards §§ 4.1.2(5)(a), 4.6.

 

                        (2)       None of the accessible parking spaces serving the Packard Music Hall has an access aisle, and none is van accessible. Alter the parking lot so that each accessible parking space has an access aisle at least 60 inches wide and at least one parking space has an access aisle at least 96 inches wide and a sign with the words “Van-Accessible” mounted below the symbol of accessibility (two accessible parking spaces can share an access aisle). Standards §§ 4.1.2(5), 4.6.3, 4.6.4.

 

            b.         Outdoor Restrooms

 

                        (1)       The City will ensure that the outdoor restrooms, including water closet, size and arrangement, toe clearances, controls and dispensers, lavatory, urinal, and entry door, comply with the requirements of the Standards. Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.27, Fig. 30.

 

                        (2)       The toilet rooms do not contain grab bars. Provide rear grab bars in the accessible toilet stalls that are at least 36 inches long and are mounted between 33 and 36 inches high and no more than 6 inches from the side wall; and provide side grab bars in the accessible toilet stalls, on the wall nearest the toilet, that are at least 40 inches long and mounted between 33 and 36 inches high and no more than 12 inches from the rear wall. Standards § 4.17.6.

 

            c.         Exterior Accessible Route

 

                        (1)       A 1½ inch change in elevation exists at one end of the curb ramp leading from the parking lot. Modify the curb ramp so that the transition from the ramp to the street is flush and free of abrupt changes. Standards § 4.7.2.

 

                        (2)       The handrails on the ramp to the outside performance area do not extend at least 12 inches beyond the top or bottom of the ramp. Modify the handrails so that they have extensions parallel to the surface of the ground at least 12 inches beyond the top and bottom of the ramp. Standards § 4.8.5(2).

 

            d.         Ladies’ Public Restroom on Orchestra Level

 

                        (1)       The lavatory has “twist-type” faucets. Provide a lavatory with faucets that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

 

                        (2)       The designated accessible stall is 37 inches wide and 63 inches deep. Provide an accessible stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards § 4.17.3, Fig. 30(a).

 

                        (3)       There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long and mounted between 33 and 36 inches high and no more than 6 inches from the side wall. Standards § 4.17.6, Fig. 30.

 

            e.         Men’s Public Restroom on Orchestra Level

 

                        (1)       The urinal in the Men’s Public Restroom has an elongated rim that is 24½ inches above the finish floor. Provide a urinal with an elongated rim no more than 17 inches above the finish floor. Standards § 4.18.2.

 

                        (2)       The lavatory has “twist-type” faucets. Provide a lavatory with faucets that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

 

                        (3)       The designated accessible stall is 42 inches wide and 90 inches deep. Provide an accessible stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards § 4.17.3, Fig. 30(a).

 

                        (4)       There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long and mounted between 33 and 36 inches high and no more than 6 inches from the side wall. Standards § 4.17.6, Fig. 30.

 

17.       The City shall complete the following alterations to the Packard Park Shelter House within one (1) year of the effective date of this Agreement:

 

            a.         Ladies’ Public Restroom

 

                        (1)       The clear opening width of the restroom entrance door is less than 32 inches. Modify the entrance door so that it has a minimum clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5.

 

                        (2)       The clear width of the restroom entrance hall is less than 36 inches. Modify the entrance hall so that its clear width is at least 36 inches. Standards § 4.3.3.

 

                        (3)       The height from the finish floor to the rim of the lavatory in the Ladies’ Public Restroom is 35½ inches. Provide a lavatory that is mounted with its rim is no higher than 34 inches above the finish floor. Standards § 4.19.2.

 

                        (4)       The accessible stall is not compliant. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) arranged so that all of 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. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.16, 4.17 & Fig. 30(a), 4.23.4, 4.23.7, 4.26, 4.27.

 

            b.         Men’s Public Restroom

 

                        (1)       The clear opening width of the restroom entrance door is 27 inches. Modify the restroom entrance door so that it has a minimum clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5.

 

                        (2)       The clear width of the restroom entrance hall is 30 inches. Modify the entrance hall so that its clear width is at least 36 inches. Standards § 4.3.3.

 

                        (3)       The accessible stall is not compliant. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) arranged so that all of 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. Standards §§ 4.1.3(11), 4.2.5, 4.2.6, 4.16, 4.17 & Fig. 30(a), 4.23.4, 4.23.7, 4.26, 4.27.

 

            c.         Drinking Fountain.

 

                        (1)       The height of the spout outlet of the Packard Park Shelter drinking fountain is more than 36 inches above the finish floor. Provide a drinking fountain with the spout no higher than 36 inches, measured from the finish floor to the spout outlet. Standards § 4.15.2.

 

18.       The City shall complete the following alterations to the Community Services Building within one (1) year of the effective date of this Agreement:

 

            a.         Service Counter (Health Department and Clinic on 1st Floor)

 

                        (1)       The top of the service counter is 39 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means. Standards § 7.2(2).

 

            b.         Service Counter (Birth and Death Certificates Department on 2nd Floor)

 

                        (2)       The top of the service counter is 38½ inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means. Standards § 7.2(2).

 

            c.         Ladies’ Public Restroom

 

                        (1)       The designated accessible stall is 35 inches wide and 67 inches deep. Provide an accessible stall that it is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards § 4.17.3, Fig. 30(a).

 

                        (2)       There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long and mounted between 33 and 36 inches high and no more than 6 inches from the side wall. Standards § 4.17.6, Fig. 30.

 

            d.         Men’s Public Restroom

 

                        (1)       The urinal in the Men’s Public Restroom has an elongated rim that is 23¾ inches above the finish floor. Provide a urinal with an elongated rim no more than 17 inches above the finish floor. Standards § 4.18.2.

 

                        (2)       The clearance from the floor to the bottom of the apron of the lavatory is 27 inches. Provide a lavatory with a clearance of at least 29 inches from the finish floor to the bottom of the apron. Standards § 4.19.2.

 

                        (3)       The designated accessible stall is 35 inches wide and 68½ inches deep. Provide an accessible stall that it is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards § 4.17.3, Fig. 30(a).

 

19.       The City shall complete the following alterations to the Van Building within one (1) year of the effective date of this Agreement:

 

            a.         Entrance

 

                        (1)       The area within the maneuvering clearance on the outside of the entrance doors is not level. Modify the entrance so that the area within the maneuvering clearance for at least one of the doors is level and clear, or provide power assisted door hardware. Standards § 4.13.6.

 

20.       The City shall complete the following alterations to the Water Department Building within one (1) year of the effective date of this Agreement:

 

            a.         Entrance Ramp

 

                        (1)       The exterior ramp to the entrance does not have handrails on either side. Provide handrails on both sides of the ramp that comply with the Standards for height, continuity, extensions, spacing, gripping surfaces, structural strength, etc. Standards §§ 4.8.5, 4.26.

 

            b.         Service Counter

 

                        (1)       The top surface of the counter is 39½ inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means. Standards

                                    § 7.2(2).

 

21.       Within one (1) year of the effective date of this Agreement, the City shall take actions to ensure the requirements described below are met in Perkins Park:

 

            a.         Restrooms

 

                        (1)       The restrooms in Perkins Park were not examined for accessibility at the time of the on-site investigation. To ensure that these restrooms are accessible, the City will ensure that they meet the requirements of the Standards for lavatories, water closets, toilet stalls or toilet rooms, controls and dispensers, grab bars, size and arrangement, urinals, mirrors, doors, etc. Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.22, 4.26, 4.27.

 

22.       Within one (1) year of the effective date of this Agreement, the City shall take actions to ensure the requirements described below are met in Packard Park:

 

            a.         Restrooms

 

                        (1)       The restrooms in Packard Park were not examined for accessibility at the time of the on-site investigation. To ensure that these restrooms are accessible, the City will ensure that they meet the requirements of the Standards for lavatories, water closets, toilet stalls or toilet rooms, controls and dispensers, grab bars, size and arrangement, urinals, mirrors, doors, etc. Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.22, 4.26, 4.27.


IMPLEMENTATION AND ENFORCEMENT

 

23.       Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

 

24.       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.

 

25.       The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it 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 directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

 

26.       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.

 

27.       In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

 

28.       This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.

 

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

 

30.       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.

 

31.       This Agreement will remain in effect for two years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

 

32.       The person signing for the City of Warren represents that he or she is authorized to bind the City to this Agreement.



For the City:                                                               For the United States:

 

_________________________                                  RALPH F. BOYD, JR.

MAYOR, HENRY J. ANGELO                                Assistant Attorney General

City of Warren                                                            for Civil Rights

391 Mahoning Avenue, N.W.

Warren, Ohio 44483-4634                                          By:__________________________

JOHN L. WODATCH, Chief

SUSAN B. REILLY, Deputy Chief

                                                                                    NAOMI MILTON, Supervisory Attorney

                                                                                    Disability Rights Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66738

Washington, DC 20035-6738

                                                                                    (202) 307-0663


Date ______________________                              Date ______________________





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December 1, 2006