SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

SPRINGFIELD, MASSACHUSETTES

UNDER THE AMERICANS WITH DISABILITIES ACT

DEPARTMENT OF JUSTICE NUMBER DJ 204-36-178



Settlement Agreement | Department of Justice Press Releases




BACKGROUND

SCOPE OF THE 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 Springfield, Massachusetts (“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 complainant alleges that the City in 1998 appointed a Task Force to investigate, review, and make recommendations regarding the City’s compliance with the ADA but has taken no action towards ADA compliance. The complainant further alleges that many of the City’s 50 polling sites are inaccessible to individuals with disabilities. Finally, the complainant alleges that the designated accessible parking spaces at the Boland Elementary School are inaccessible, several curb ramps around the City are inaccessible, and that the City has failed to maintain its TTY machines and procedures.

Because the City of Springfield receives financial assistance from the Department of Justice, the investigation 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 Department expanded the scope of the investigation to include the City of Springfield’s compliance with the following title II requirements:

  • deliver 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,

  • make physical changes to buildings (required to have been 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.

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 provisions: Bowles School at 24 Bowles Park, Fire Station 9 at 1212 Carew Street, 70 Tapley Street, Youth Assessment Center at 450 Cottage Street, Carriage House at Forrest Park, CYR Arena at Forrest Park, Kenefick Park at Plainfield Street, Nathan Bill Park at 135 Plumtree Road, Ranger Station at Forrest Park, Park Administration - Conference Annex at Forrest Park, Walker Grandstand at Forrest Park.

The Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities: Barrows Park at Oak Street, Blunt Park at 2460 Roosevelt Avenue, Central High School at 1840 Roosevelt Avenue, City Hall at 36 Court Street, City Hall Annex at 1600 E. Columbus Avenue, Duggan Middle School at 1015 Wilbraham, Department of Education at 1195 State Street, Department of Health and Human Services at 1170 Main Street & 93-95 State Street, Emily Bill Park at Franklin Street, File Mile Pond Park at 990 Boston Road, Forest Park at 200 Trafton Road, Franconia Golf Course and Pro Shop at 619 Dwight Road, GAR Hall at 68 Court Street, Greenleaf Park at 1188 Parker Street, Hubbard Park at 205 Parker Street, Marshall Ray Park at Carew Street & St. James Boulevard, Mary Lynch School at 315 N. Branch Parkway, Mary Walsh School at 50 Empress Court, Myrtle Street Park at Indian Orchard, Office of Housing at 81 State Street, Pine Point Senior Center at 355 Berkshire Avenue, Police Department at 130 Pearl Street, Purchase Department at 233 Allen Street, River Front Park at E. Columbus Avenue, Ruth Elizabeth Park at Hancock Street, Southend Community Center at 29 Howard Street, and Symphony Hall at 36 Court Street.

The Department conducted a program access review of the following polling places: Bowles School, Central High School, Duggan Middle School, Mary Lynch School, Mary Walsh School, and Pine Point Senior Center. This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.

The Department reviewed the City’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the City’s Police Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

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 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.

4. The parties to this Agreement are the United States of America and the City of Springfield, Massachusetts.

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

6. 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 CITY

7. The City has a designated an ADA Coordinator and has created a Mayor’s Office for Citizens with Disabilities. Grievances are brought to the attention of the ADA Coordinator who then works towards a resolution of the matter. Grievance forms can be obtained in the Mayor’s Office for Citizens with Disabilities, located in City Hall.

8. The City Department of Health and Human Services in 1992 assisted the City in conducting a self-evaluation of the City’s departments’ adherence to ADA regulations.

9. The City has ensured that each 9-1-1 call station is equipped with a TTY (text telephone for individuals who are deaf or hard of hearing) or computer equivalent. The City has developed procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received.

10. The City’s employment policies provide that the City will not discriminate on the basis of disability in its hiring or employment practices, will not ask a job applicant about the existence, nature, or severity of a disability, will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee, will maintain any employee’s medical records separate from personnel files and keep them confidential, and will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions.

REMEDIAL ACTION

NOTIFICATION

11. Within two months of the effective date of this Agreement, the City 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 City; 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.

12. Within six months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the City 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 City’s accessible programs, services, and activities.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

13. 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.).

14. 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.

15. 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.

16. 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.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

17. Within two months of the effective date of this Agreement, the City will adapt for its own use and implement the Springfield Police Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all police department officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].


18. Within two months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis to law enforcement personnel, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

19. Within six months of the effective date of this Agreement, the City will ensure that each police station or substation and each jail/prison/detention facility is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

VOTING

20. The City recognizes that some of its polling places are not readily accessible to and usable by persons with mobility impairments.

21. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the City will identify and widely publicize to the public and to disability rights groups the most accessible polling place(s) for each precinct or voting district.

22. Within three months of the effective dates of this Agreement, the City will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route, entrance, and interior route to the voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), provide curbside voting at the inaccessible polling place, or any other method that ensures that disabled voters have the same degree of information available to them when casting their ballots as others.

23. Within one year of the effective date of this Agreement, the City will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.

24. Within three months of the effective date of this Agreement, the City will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment E and will report the results of this survey to the Department. If barriers to access are identified, the City will implement and report the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.

25. Within six months of the effective date of this Agreement or by the date of the first election in 2004, which ever date comes first, the City will make all voter registration materials available in alternate formats, including Braille, large print, and audio tape.

26. Starting three months from the effective date of this Agreement, when the City purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and visual impairments) that has been approved for City use by the applicable governing authority (e.g., State Secretary of Elections or other such official).

27. Starting three months from the effective date of this Agreement, when setting up its voting equipment, the City will ensure that at least one of each type of equipment at each polling place is accessible to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards, as shown in Attachment E.

28. Within the month prior to the next election that utilizes the City’s polling places, and at least once annually throughout the term of this Agreement, the City will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people, as necessary; and how to operate the voting equipment (particularly new, accessible equipment).

SIDEWALKS

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

30. Within six months of the effective date of this Agreement, the City will identify and report to the Department all streets, roads, and highways 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 five years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

31. Beginning no later than three months after the effective date of this Agreement, the City 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, road, or highway is constructed or altered.

32. Within six months of the effective date of this Agreement, the City will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within five years of the effective date of this Agreement, the City 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, road, or highway.

33. Beginning no later than three months after the effective date of this Agreement, the City 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, road, or highway.

PHYSICAL CHANGES TO FACILITIES

34. The elements or features of the City’s facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the City’s 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.

35. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

36. Within three months of the effective date of this Agreement, the City will begin the process to install signage as necessary to comply with 28 C.F.R. § 35.163(b) and will complete compliance within two years of the effective date of this Agreement, 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 City’s facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions within 18 months of the effective date of this Agreement:

37. Bowles School at 24 Bowles Park (polling place owned by the City)

A. There are no designated accessible parking spaces provided. Provide two designated accessible parking spaces, including at least one van-accessible space, that are in compliance with the Standards and are located on the shortest accessible route to the accessible entrance of the building. §§ 4.1.2(5), 4.6 & Fig. 9.

B. There are stairs leading to the entrance to the building. Provide access to the main entrance of the building via the use of a ramp, elevator, or platform lift in compliance with the Standards. §§ 4.1.3(1), 4.3.8, 4.8, 4.10, 4.11.

38. Fire Station 9 at 1212 Carew Street

A. The signs designating the two accessible parking spaces served by a 96 inch access aisle do not indicate that the spaces are van-accessible. Provide a least one sign designating at least one 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)(b), 4.6.4.

B. 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).

C. Men’s and Women’s Toilet Rooms in the Community Public Safety Section

1. The sign at the door to both toilet rooms is mounted so that its centerline is 42 inches above the finished floor. Provide signs with the centerline 60 inches above the finished floor. §§ 4.1.3(16)(a), 4.30.6.

39. 70 Tapley Street

A. No “van-accessible” parking space is provided. Provide a space with a 96 inch wide access aisle, 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)(b), 4.6.3 & Fig. 9, 4.6.4.

B. Men’s and Women’s Toilet Rooms

1. The pressure required to open the doors to toilet rooms is 10 pounds. Provide door closers so that the force required to open the doors is no more than 5 pounds. §§ 4.1.3(1), 4.3.9, 4.13.11(2)(b).

C. 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 at a height convenient to individuals who have difficulty bending or provide a water cooler. § 4.1.3(10)(a).

40. Youth Assessment Center at 450 Cottage Street

A. The parking lot has 90 parking spaces; there are three designated accessible parking spaces with only one access aisle, and none has the correct signage designating the spaces as accessiblor van-accessible. Provide four designated accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

B. The threshold at the doorway to the designated accessible entrance is 1 1/4 inches. Provide a threshold that is 1/4 inch in height or less, or provide a threshold that is between 1/4 inch and _ inch high and beveled with a slope no greater than 1:2. §§ 4.1.3(7)(a), 4.13.8, 4.5.2.

C. The top of the service counter is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

Altered Facilities: In order to ensure that the following spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions within 18 months of the effective date of this Agreement:

42. Carriage House at Forest Park

A. Parking

1. The parking lot has two van-accessible spaces, neither of which is identified as “van-accessible.” Provide a sign designating one of the spaces as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space.
§§ 4.1.6(1)(b), 4.1.2(5), 4.6.4.

2. Men’s and Women’s Toilet Rooms

a. The toilet room signs are not adjacent to the doors. Provide signs that have raised characters and Braille, and are mounted on the latch side of each door so that their centerlines are 60 inches above the finished floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

43. CYR Arena at Forest Park

A. Parking

1. The parking lot has six accessible spaces, none of which is identified as “van-accessible.” Provide a sign designating one of the spaces with a 96 inch access aisle as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.6(1)(b), 4.1.2(5), 4.6.4.

B. Service Counters

1. The ticket counter (at 40 inches height) and rink office counter (at 42 inches height) are more than 36 inches above the finished floor. Provide counters that are at least 36 inches wide and no more than 36 inches high. §§ 4.1.6(1)(b), 7.2(2).

C. Identification Signage

1. The offices and rooms have identification signage located on the center of the doors. Provide signs with raised characters and Braille on the wall adjacent to the latch side of the door of each office, 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. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

D. Men’s and Women’s Lockers and Bathrooms

1. The shower and towel hooks in the men’s and women’s bathrooms are located 65 inches above the floor. In each 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.
§§ 4.1.6(1)(b), 4.1.3(12)(a), 4.2.5, 4.2.6, 4.25.3.

2. The rear grab bar in the women’s designated accessible stall is missing. 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.
§§ 4.1.6(1)(b), 4.1.3(11), 4.17.6 & Fig. 30(a), 4.22.4.

3. The mirror in the women’s bathroom is mounted so that the bottom edge of the reflecting surface is 63 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.

44. Kenefick Park at Plainfield Street

A. Men’s and Women’s Toilet Rooms

1. The toilet rooms lack signage. Provide signs with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the signs 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. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2. The entrance doors and lavatories in the toilet rooms have twist-type hardware. Provide hardware that is operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate.
§§ 4.1.6(1)(b), 4.1.3(7)(b), 4.1.3(11), 4.19.5, 4.22.6, 4.27.4, 4.13.9.

B. Concession Counter

1. The concession counter is located 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high. §§ 4.1.6(1)(b), 7.2(1).

45. Nathan Bill Park at 135 Plumtree Road

A. Parking and Accessible Route

1. The parking lot has 30 spaces, of which one is a designated accessible parking space with no access aisle and no van-accessible designation. Provide two designated accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.6(1)(b), 4.1.2(5), 4.6.

2. The route from the parking space designated for persons with disabilities to the Field House is a paved brick path that has deteriorated, and, in many places, exceeds the maximum allowable 1:12 slope for a ramp. Provide an accessible route from the accessible parking to the accessible entrance, or provide a van-accessible parking space next to the Field House.
§§ 4.1.6(1)(b), 4.1.2(1), 4.3.6, 4.3.7, 4.5.1, 4.8.

B. Picnic Table

1. None of the picnic tables is accessible to persons who use wheelchairs. Provide an eating surface that can be used by persons who use wheelchairs and provide companion seating in the same location. See Standards §§ 4.32.3, 4.32.4.

C. Unisex Toilet Room

1. The toilet room sign does not have Braille. Provide a sign that has raised characters and Braille, and is mounted on the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2. The toilet paper dispenser interferes with the use of the side grab bar. Provide a toilet paper dispenser beneath the side grab bar so that it does not interfere with its use, with its centerline no less than 19 inches above the finished floor. §§ 4.1.2(1)(b), 4.1.3(11), 4.22.4, 4.16.6 & Fig. 29(b).

3. The toilet entrance door has knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.9.

46. Ranger Station at Forest Park

A. Parking

1. The parking lot has 35 parking spaces with one designated accessible parking space with no access aisle, and no van-accessible space. Provide two designated accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.6(1)(b), 4.1.2(5), 4.6.

B. Men’s and Women’s Toilet Rooms

1. The men’s and women’s toilet rooms contain the following non-compliant elements: neither has Braille signage, the coat hooks are 59 inches from the finished floor, the toilet dispenser is 39 inches from the back wall, and the flush control is on the closed side (women’s only). Provide toilet rooms so that the elements in each room, including the rooms’ identification signage, coat hooks, and flush controls comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 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.

47. Park Administration - Conference Annex at Forest Park

A. Unisex Toilet Room in Annex

1. The toilet room is not designated as 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.
§§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2. The toilet entrance door has knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.9.

3. There is no rear grab bar in the toilet room. Provide a rear grab bar that complies with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.16.4 & Fig. 29, 4.22.4, 4.26.

48. Walker Grandstand at Forest Park

A. Accessible Route

1. There is no accessible route from the street parking to the picnic tables. Provide a curb ramp that complies with the Standards from the accessible parking leading to the accessible picnic tables. §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.7.

B. Spectator Seating

2. There are no wheelchair locations in the spectator seating at the stadium, which seats up to 400 people. Provide at least six 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. §§ 4.1.6(1)(b), 4.1.3(19)(a), 4.3, 4.5, 4.33 & Fig.46.

C. Men’s and Women’s Toilet Room

1. The men’s and women’s toilet rooms contain the following non-compliant elements: neither has signage, neither has lever hardware, the coat hooks are 59 inches from the finished floor, the hot water pipes are exposed, the rear grab bars are 28 inches long, the toilets’ centerlines are 26 and 39 inches from the side wall respectively, and there is no accessible urinal (men’s only). Provide toilet rooms so that the elements in each room, including the rooms’ identification signage, hardware, coat hooks, hot water pipes, grab bars, toilet centerlines, and urinals comply with the Standards. §§ 4.1.6(1)(b), 4.22, 4.2, 4.3, 4.13, 4.17 and Fig. 30, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

Program Access in Existing Facilities: 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, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions within 18 months of the effective date of this Agreement unless otherwise indicated:

49. 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.

50. Barrows Park at Oak Street

A. Accessible Route

1. The route from the sidewalk to the toilet rooms is a paved brick path that has deteriorated. Provide an accessible route from the accessible entrance to the facility that is stable, firm, and slip resistant. §§ 4.1.2(1), 4.3.6, 4.5.1.

2. There is one step leading to the entrance to the toilet room facilities. Provide access via a ramp, elevator, or platform lift, in compliance with the Standards; or provide an alternate, accessible site for accessible toilet facilities when an individual has a mobility impairment. §§ 4.1.2(1), 4.3.8, 4.8, 4.10, 4.11.

B. Men’s and Women’s Toilet Rooms

1. The toilet rooms in the park are inaccessible. Provide men’s and women’s toilet rooms so 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, if provided), lavatory, mirror, and controls and dispensers that comply with the Standards. §§ 4.2, 4.3, 4.13, 4.16, 4.17 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

51. Blunt Park at 2460 Roosevelt Avenue

A. Parking and Accessible Route

1. The parking lot has four accessible spaces, none of which is identified as “van-accessible.” Provide a sign designating one of the spaces 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. There is no accessible route from the accessible parking spaces near the playground into the park. Provide a curb ramp that complies with the Standards from the accessible parking leading to the accessible playground. §§ 4.1.2(1), 4.3.8, 4.7.

B. Men’s and Women’s Toilet Rooms

1. The toilet room signs do not have Braille. Provide signs that have raised characters and Braille, and are mounted on the latch side of each door so that their centerlines are 60 inches above the finished floor and a person can approach within 3 inches of signage 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.

2. The toilet room doors have twist devices. Provide accessible lock devices that are easy to grasp with one hand and do not require tight grasping, tight pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs. § 4.13.9.

3. The designated accessible stall door in the women’s toilet room does not have accessible hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.17.5, 4.13.9.

4. The rear grab bars in the men’s and women’s designated accessible stalls are 25 inches long. Provide rear grab bars that are at least 36 inches long with the end closer to the side walls mounted no more than 6 inches from the side walls. §§ 4.17.6 & Fig. 30(c), 4.26.

5. There are two side grab bars in the women’s designated accessible stall. Provide just one 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, and the end farthest from the back wall is located at least 52 inches from the back wall. Remove the right-hand grab-bar, facing the toilet, as it impedes the ability of someone to transfer onto the toilet. §§ 4.17.6 & Fig. 30(d), 4.26.

6. The toilet paper dispenser in the men’s and women’s designated accessible stall is located 45 inches from the back wall. Provide a dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finished floor. §§ 4.17.3 & Fig. 30(d), 4.2.6.

7. The door coat hook in the women’s designated accessible stall is located 65 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.

52. Central High School at 1840 Roosevelt Avenue (polling place owned by the City)

A. The parking lot has over 200 parking spaces and 7 designated accessible spaces; there are two designated accessible parking spaces with no access aisles, and neither has the correct signage designating the spaces as reserved or van-accessible. Provide at least seven designated accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6 & Fig. 9.

53. City Hall at 36 Court Street

A. Parking and Accessible Route

1. There are 46 parking spaces. Two are designated as accessible, and neither is served by an adjacent access aisle or identified as “van-accessible.” Provide at least one van-accessible 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. Provide an access aisle at least 60 inches wide that comply with the Standards for the other accessible parking space, or configure the second accessible space to share the 96 inch wide access aisle. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

2. The door designated as the accessible entrance has an operator push button control that does not provide sufficient color contrast. Provide a door operator push button control with characters and symbols which contrast with their background, either light characters on a dark background or dark characters on a light background. § 4.30.5

B. Men’s and Women’s Toilet Rooms

1. There is no signage at the inaccessible upper level toilet rooms directing users to the accessible ground level toilet rooms. Provide signs directing users to the location of the accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

2. Women’s Toilet Room (Ground Floor)

a. The toilet room lacks identification signage. 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 pressure required to open the door to the women’s toilet room is 12 pounds. Provide a door closer so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).

c. The height of the lavatory apron provides a clearance of 27 inches above the finished floor. Provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. § 4.19.2 & Fig. 31.

d. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate, or otherwise configure, the hot water and drain pipes consistent with the Standards. § 4.19.4.

e. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 42 _ 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. § 4.19.6.

f. The soap dispenser is mounted so that the control is located 50 inches above the finished floor and 23 inches from the face of the lavatory. Provide a dispenser so that its highest operable part is not higher than 44 inches above the finished floor. §§ 4.23.7, 4.27.3, 4.2.5 & Fig. 5(b).

g. The height of the side and rear grab bars at the toilet is 30 inches above the finished floor. Provide a side and rear grab bar that are 33 to 36 inches above the finished floor. § 4.17.3 & Fig. 30.

3. Men’s Toilet Room (Ground Floor)

a. The toilet room lacks identification signage. 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 apron provides a clearance of 27 inches above the finished floor. Provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. § 4.19.2 & Fig. 31.

c. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate, or otherwise configure, the hot water and drain pipes consistent with the Standards. § 4.19.4.

d. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 42 _ 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. § 4.19.6.

e. The soap dispenser is mounted so that the control is located 50 inches above the finished floor and 23 inches from the face of the lavatory. Provide a dispenser so that its highest operable part is not higher than 44 inches above the finished floor. §§ 4.23.7, 4.27.3, 4.2.5 & Fig. 5(b).

f. The height of the side and rear grab bars at the toilet is 30 inches above the finished floor. Provide a side and rear grab bar that are 33 to 36 inches above the finished floor. § 4.17.3 & Fig. 30.

g. The rear grab bar in the designated accessible stall is mounted 7 inches from the side wall. Provide a rear grab bar with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.17.3 & Fig. 30(a).

C. Water Fountains

1. The spout outlet height of the drinking fountains on every floor is 42 inches above the finished floor. On each floor, 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.

D. Public Telephone

1. The public telephone on the second floor does not comply with § 4.1.3(17). Provide a public telephone that has volume control and signage and that has its highest operable part within the reach ranges specified in the Standards. §§ 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

E. Elevators

1. There is no signage at the inaccessible back elevator directing users to the accessible front elevator. Provide signs directing users to the location of the accessible elevator. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

2. The elevator emergency communication box in the designated accessible elevator does not have raised characters and Braille and is missing its handle. Provide an emergency communication box that complies with the Standards. §§ 4.10.14, 4.30.

3. The floor designations at the hoistway of the designated accessible elevator entrances has Braille lettering 54 inches from the floor. Provide floor designations using raised lettering and Braille on both door jambs of the hoistway at 60 inches from the centerline of the sign to the finished floor. §§ 4.10.5, 4.30.4.

4. The designated accessible elevator does not have visible hall lanterns or an audible hall arrival signal. Provide visible and audible signals in each hoistway. The audible signals should sound once for the up direction and twice for the down direction. § 4.10.4.

5. The elevator call control has raised characters but lacks Braille. Provide call controls that comply with the Standards. §§ 4.10.12(2), 4.30.

F. Alarms

1. There is no visual alarm in the men’s and women’s toilet rooms. Provide a visual alarm in the toilet rooms, as necessary, in compliance with the Standards. §§ 4.1.3(14), 4.28.

2. The highest operable part of the fire pull stations is 61 inches above the finished floor. Provide pull stations so that the highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.2.5, 4.2.6, 4.27.3.

G. Departmental Offices

1. Tax Excise Office (Rm. 009-010)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 _ inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

c. The office entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

2. Election Commission Office (Rm. 008)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

c. The office entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

3. Retirement Board Office (Rm. 024)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

c. The office entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

4. City Treasure’s Office (Rm. 101)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

5. Parking Ticket Office (Rm. 108)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

5. City Collector’s Office (Rm. 112)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the cashier counter for paying bills is 43 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs).

6. City Clerk’s Office (Rm. 122)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 inches above the finished floor. The Office does provide an auxiliary table; however, the table does not provide sufficient knee space. Provide an auxiliary counter with a minimum apron height of 27 inches, a minimum width of 36 inches, and a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

7. City Council President’s Office (Rm. 200)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 office entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

c. The door to the office is a Dutch door with the top of the bottom leaf 53 inches above the finished floor. Provide a call button adjacent to the latch side of the door within the appropriate reach ranges indicating assistance is available by ringing the bell, with the International Symbol of Accessibility. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

8. Law Department Office (Rm. 210)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 office entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

9. Mayor’s Office (Rm. 215)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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.

10. Council Chambers West and East (Rm. 220-223)

a.The chambers lack room number identification signage. Provide a sign with raised characters and the room numbers in 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 chambers’ entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

c. The chambers have no assistive listening systems available. Provide a permanent assistive listening system in each chamber, or an adequate number of electrical outlets or other supplementary wiring in each 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), 4.33.6, 4.33.7.

11. Planning Department Office (Rm. 300)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

c. The top of the table holding the public use computer is greater than 36 inches from the finished floor. Provide a table with a minimum apron height of 27 inches, a minimum width of 36 inches, and a maximum height of 36 inches for individuals who use wheelchairs. §§ 4.1.3(18), 4.32.4.

12. Economic Development Office (Rm. 312)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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.

13. License Commission Office (Rm. 317)

a. The office lacks room number identification signage. Provide a sign with raised characters and the room number in 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 top of the service counter is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

14. Building Department - Housing, Electrical, Plumbing, Zoning and Veteran Services Offices (Rm. 405 - 416)

a. There are no directional signs at the entrances to the Building Department to direct users to each office, which are accessed via the Housing Office, or via the Veteran Services Office. Provide signs at each entrance of the Building Department directing users to the offices within the Department; and provide signs using raised characters and Braille to designate the room numbers of each office. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

b. The top of all the service counters in the Building Department are 39 - 42 inches above the finished floor. Provide counters that are at least 36 inches wide and no more than 36 inches high; or provide auxiliary counters with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

H. Public Access Bulletin Board and Information Computer

1. The Public Access Bulletin Board and Information Computer are located in an area that is only accessible by stairs. Provide a ramp that complies with the Standards, §§ 4.3.8, 4.5.2, 4.8, 4.25; or provide alternate access to this equipment for individuals with mobility impairments.

54. City Hall Annex at 1600 E. Columbus Avenue

A. Parking

1. There are 4 accessible parking spaces, but none are designated as being “van-accessible.” Provide a space with a 96 inch wide access aisle, and 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)(b), 4.6.4.

B. Men’s and Women’s Toilet Rooms

1. There is no signage at the inaccessible front toilet rooms directing users to the back toilet rooms, which should be designated as the toilet rooms for persons with disabilities. Provide signs directing users to the location of the back toilet rooms. Remove the International Symbol of Accessibility from the front toilet rooms as they are not accessible. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

2. The back women’s and men’s toilet rooms contain the following non-compliant elements: neither have signage, the mirrors are 43 inches from the finished floor, the coat hooks are 67 inches from the finished floor, and the sanitary napkin dispenser (women’s room only) is 62 inches from the finished floor. Provide toilet rooms so that the elements in each room, including the rooms’ identification signage, mirrors, coat hooks, and dispenser comply with the Standards. §§ 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.

3. There is no visual alarm in the men’s and women’s toilet rooms. Provide a visual alarm in the toilet rooms, as necessary, in compliance with the Standards. §§ 4.1.3(14), 4.28.

C. Water Fountains

1. The spout outlet heights of the drinking fountains on the first and second floors are 40 inches above the finished floor. 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.

D. Elevator

1. The elevator control buttons and panel do not have raised characters and Braille. Provide control buttons and a panel that complies with the Standards. §§ 4.10.12(2), 4.30.

2. Elevator hoistway entrances do not provide raised and Braille floor designations on both jambs. Provide floor designations with raised characters and Braille mounted at 60 inches to the centerline of the characters above the finished floor on the elevator hoistway entrances on each floor. §§ 4.10.5, 4.30.4.

55. Department of Education at 1195 State Street

A. Parking

1. There is one designated accessible parking space, which is not level, lacks an access aisle, and is not identified as “van-accessible.” Provide one level 96-inch wide parking space with surface slopes not exceeding 1:50 in all directions 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), 4.6.3 & Fig. 9, 4.6.4.

B. Accessible Route

1. The inaccessible front entrance has no signage directing users to the more accessible back entrance. Provide a sign directing users to the back entrance. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

2. The threshold at the doorway to the back entrance is between 1/4 inch and _ inch. Provide a threshold that is 1/4 inch in height or less, or provide a threshold that is between 1/4 inch and _ inch high and beveled with a slope no greater than 1:2. §§ 4.5.2, 4.8, 4.13.8.

3. The accessible door to the back entrance is kept locked. Keep the door unlocked. § 4.1.3(7)

4. The interior ramp in the building has a slope of 1:8 (rise:run), which exceeds the maximum allowable 1:12 slope for a ramp. It also lacks a handrail on the side of the ramp closest to the wall. Provide a ramp so that its slope does not exceed 1:12 and the cross slope is no greater than 1:50; and provide handrails and edge protection. §§ 4.3.7, 4.8, 4.26.

5. The elevator is not accessible to individuals with disabilities. Provide an accessible elevator on an accessible route so that the spaces and elements, including the control panel, call controls, hoistway floor designations, audible and visual signals, signal times, door sensors, hall and car indicators, car floor space, car entrance width, and emergency communications comply with the Standards. §§ 4.1.3(5), 4.10.

C. Directional Signage

1. The building lacks consistent directional and informational signage, and signage designating permanent rooms and spaces. Room numbers, exit signage, and toilet room signage do not comply with the Standards. Provide signs that comply with the Standards. §§ 4.1.3(16), 4.30.

D. Men’s and Women’s Toilet Rooms

1. The toilet rooms in the building are inaccessible. Provide at least one men’s and at least one women’s toilet room or an unisex toilet room so that the spaces and elements in each room, including the room signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, lavatory, mirror, controls, and dispensers comply with the Standards. §§ 4.2, 4.3, 4.13, 4.17 and Fig. 30, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

E. Service Counters

1. The door to the bus passes/ID distribution office is a Dutch door with the top of the bottom leaf 53 inches above the finished floor. Provide a call button adjacent to the latch side of the door within the appropriate reach ranges indicating assistance is available by ringing the bell, with the International Symbol of Accessibility. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

2. The top of the general information service counter on the first floor is 45 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

3. The top of the payroll service counter on the second floor is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

56. Department of Health and Human Services at 1170 Main Street

A. Elevator

1. The elevator control panel does not have raised characters and Braille. Provide a control panel that complies with the Standards. §§ 4.10.12(2), 4.30.

B. Door Hardware

1. The building’s doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

57. Department of Health and Human Services (HHS) at 93 & 95 State Street

A. Elevator

1. The elevator hoistway entrance on the first floor does not provide raised and Braille floor designations on both jambs. Provide floor designations with raised characters and Braille mounted at 60 inches to the centerline of the characters above the finished floor on the elevator hoistway entrance.
§§ 4.10.5, 4.30.4.

B. Entrance Doors to HHS Clinic

1. There are double leaf doors to the Clinic; each has a clear opening width of 28 inches. Provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. Or provide an automatic opener operating both doors simultaneously. §§ 4.1.3(7)(b), 4.13.4, 4.13.5, 4.13.12.

58. Duggan Middle School at 1015 Wilbraham Road (polling place owned by the City)

A. The two designated accessible parking spaces are not served by an adjacent access aisle or identified as van-accessible. Provide at least one van-accessible 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.

B. There is no handrail on the wall side of the entrance ramp in the rear of the building and the existing handrail does not has top and bottom extensions. Provide handrails 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 otherwise comply with the Standards. §§ 4.1.2(1), 4.3.7, 4.8.5, 4.26.

C. The inaccessible front entrance has no signage directing users to the accessible back entrance. Provide a sign using the International Symbol of Accessibility to direct users to the accessible entrance. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

59. Emily Bill Park at Franklin Street

A. Picnic Tables

1. None of the picnic tables is accessible to persons who use wheelchairs. Provide an eating surface that can be used by persons who use wheelchairs and provide companion seating in the same location. See Standards §§ 4.32.3, 4.32.4.

B. Water Fountain

1. 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 method for persons who have difficulty bending and stooping to use the fountains. §§ 4.1.3(10)(a), 4.15.2.

C. Interior Route

1. The accessible interior route has portions that are less than 36 inches wide because of a large sofa located on one side of the hallway. Provide an accessible route the entire distance of which is at least 36 inches wide. §§ 4.1.3(1), 4.3.3.

D. Men’s and Women’s Toilet Rooms

1. The toilet room signs are on the center of the doors. Provide signs that have raised characters and Braille and are mounted on the latch side of each door so that their centerlines are 60 inches above the finished floor and a person can approach within 3 inches of signage 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.

2. The toilet flush value control in the men’s designated accessible stall is on the closed, or narrow, side of the toilet stall. Provide a control that is on the open, or wide side of the toilet stall, or provide an automatic flush device. §§ 4.17.2, 4.16.5.

60. Five Mile Pond Park at 990 Boston Road

A. Parking and Accessible Route

1. The parking lot, which is not paved, has three designated accessible parking spaces with no access aisles and no van-accessible designation. Provide four designated accessible parking spaces (out of approximately 80 spaces), including at least one van-accessible space, signage, and access aisles that comply with the Standards. The accessible spaces should be firm, stable, and slip-resistant. §§ 4.1.2(5), 4.6.

2. There is no accessible route from the accessible parking spaces to the playground and toilet facilities. Provide a firm, stable, and slip-resistant accessible route from the accessible parking to all of the park’s services. §§ 4.1.2(2), 4.3, 4.5.

B. Men’s and Women’s Toilet Rooms

1. The men’s and women’s toilet rooms contain the following non-compliant elements: neither have compliant signage, the mirrors are 50 inches from the finished floor, the hot water pipes are exposed, the side and rear grab bars are 31 inches from the finished floor, and the flush is located on the closed side (men’s only). Provide toilet rooms so that the elements in each room, including the rooms’ identification signage, mirrors, hot water pipes, grab bars, urinals and flush controls comply with the Standards. §§ 4.2, 4.3, 4.13, 4.17 & Fig. 30, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

C. Concession Counter

1. The concession counter is located 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(1).

61. Forest Park at 200 Trafton Road

A. Senior Citizens Center

1. Parking and Accessible Route

a. The parking lot has two designated accessible parking spaces with no access aisles, and no van-accessible space. Provide at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

b. There is a change in elevation greater than 1/4 inch at the threshold to the entrance door. Provide a threshold that is 1/4 inch in height or less, or provide a threshold that is between 1/4 inch and _ inch high and beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2, 4.13.8.

2. Men’s and Women’s Toilet Rooms

a. The men’s and women’s toilet rooms contain the following non-compliant elements: neither have signage, the coat hooks are 67 inches from the finished floor, the hot water pipes are exposed, the toilet paper dispensers are at least 39 inches from the back walls, and the flush control is on the closed side (men’s only). Provide toilet rooms so that the elements in each room, including the rooms’ identification signage, coat hooks, hot water pipes, dispensers, and flush controls comply with the Standards. §§ 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.

B. Duck Pond

1. The walking ramp over the Pond does not have handrails that comply with the Standards. Provide an accessible walking ramp that has handrails and other required ramp features that comply with the Standards. §§ 4.1.2(2), 4.3.8, 4.8.5, 4.8.7, 4.26.

C. Park Administration Building

1. Parking and Accessible Route

a. There are no designated accessible parking spaces provided (out of 3 spaces). Provide at least one designated accessible parking space, including at least one van-accessible space, that is in compliance with the Standards and is located on the shortest accessible route to the accessible entrance of the building. §§ 4.1.2(5), 4.6.

b. The Administration Building can only be accessed by stairs. Provide a call button within the appropriate reach ranges indicating assistance is available by ringing the bell, with the International Symbol of Accessibility; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5; see 28 C.F.R. § 35.151(c).

62. Franconia Golf Course and Club House at 619 Dwight Road

A. Parking and Accessible Route

1. The parking lot has more than 100 spaces and only one designated accessible parking space with no access aisle and no van-accessible space. Provide five designated accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

2. The accessible ramp to the main entrance does not have handrails that comply with the Standards. Provide handrails and other required ramp features that comply with the Standards. §§ 4.1.2(2), 4.3.8, 4.8.5, 4.8.7, 4.26.

3. There is a 3/4 inch change in elevation at the threshold to the entrance door. Provide a threshold that is 1/4 inch in height or less, or provide a threshold that is between 1/4 inch and _ inch high and beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2, 4.13.8.

4. There is a 3/4 inch change in elevation at the threshold to the door leading to the patio and outdoor seating area. Provide a threshold that is 1/4 inch in height or less, or provide a threshold that is between 1/4 inch and _ inch high and beveled with a slope no greater than 1:2. §§ 4.3.8, 4.5.2, 4.13.8.

B. Door Hardware

1. The entrance doors to the facility and the doors to the toilet and locker rooms have twist-type hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

C. Men’s and Women’s Locker Rooms and Toilet Rooms

1. The shower stalls in the men’s and women’s shower room are not accessible. Provide one shower stall in each locker room that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and between the centerline and the outer edge of the shower on the wall opposite the seat wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. §§ 4.21, Fig. 35(a), Fig. 37(a).

2. The toilet rooms are not designated as accessible. Provide signs with raised characters and Braille on the wall adjacent to the latch side of each door so that the centerlines 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.

3. The hot water and drain pipes beneath the lavatory in the women’s toilet room are not insulated or configured to protect against contact. Insulate, or otherwise configure, the hot water and drain pipes consistent with the Standards. § 4.19.4.

4. The rear grab bar in the women’s toilet room is 14 inches from the back wall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.16.4 & Fig.29(a).

5. The flush control of the men’s room toilet is located on the closed side of the toilet area. Provide a flush control on the toilet so it is located on the side of the toilet facing the open (wide) side of the toilet area, or provide an automatic flush device. § 4.16.5.

63. GAR Hall at 68 Court Street

A. Parking

1. There are two designated accessible parking spaces (out of 8 total spaces), neither of which is served by an adjacent access aisle. Provide at least one van-accessible 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. Provide an access aisle at least 60 inches wide and signage that comply with the Standards for the other accessible parking space, or configure the second accessible space to share the 96 inch wide access aisle. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

B. Exterior Ramp

1. The exterior ramp to the accessible entrance has no 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 otherwise comply with the Standards. §§ 4.8.5, 4.26.

C. Accessible Route

1. The door to the kitchen, leading to the accessible unisex toilet room, has a clear opening width of 28 inches. Provide 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. § 4.13.5 & Fig.24.

D. Unisex Toilet Room

1. The toilet room lacks signage. 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. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate, or otherwise configure, the hot water and drain pipes consistent with the Standards. § 4.19.4.

3. The mirror in the toilet room 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. § 4.19.6.

4. The centerline of the toilet is located 25 inches from the side wall. Provide a toilet so that its centerline is exactly 18 inches from the side wall. § 4.16.2 & Fig. 28.

5. There is no rear grab bar in the toilet room. Provide a rear grab bar that comply with the Standards. § 4.16.4 & Fig. 29, 4.26.

6. The side grab bar is positioned incorrectly in the toilet room. Provide a side grab bar that is at least 33-36 inches from the finished floors so that the end nearest the back wall begins no more than 12 inches from the wall, is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. § 4.16.4 & Fig. 29(b).

64. Greenleaf Park at 1188 Parker Street

A. Parking and Accessible Route

1. There are two designated accessible parking spaces that have 60 inch access aisles, out of a total of approximately 50 spaces, but neither is van-accessible. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide, and provide 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 an access aisle at least 60 inches wide and signage that comply with the Standards for the other accessible parking space, or configure the second accessible space to share the 96 inch wide access aisle. §§ 4.1.2(5)(b), 4.6.3 and Fig. 9, 4.6.4.

2. The plywood ramp leading to the Community Center has a slope that ranges from 1:6 to 1:5 (rise:run), which exceeds the maximum allowable 1:12 slope for a ramp. Provide a ramp that complies with all requirements for ramps, including slope and rise, 60 inch minimum length landings at the bottom and top of each ramp, handrails, cross slope and surfaces, edge protection, and outdoor conditions. §§ 4.1.3(1), 4.3.7, 4.8 and Figs. 16 & 17, 4.26.

3. There are double leaf doors to the front and back entrance of the park; each has a clear opening width of 28 inches. Provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, or provide an automatic opener operating both doors simultaneously. §§ 4.1.3(7)(b), 4.13.4, 4.13.5, 4.13.12.

B. Water Fountain

1. The spout outlet height of the drinking fountain is 41 inches above the finished floor. 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.

C. Men’s and Women’s Toilet Rooms

1. The toilet rooms in the park are inaccessible. Provide men’s and women’s toilet rooms so 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, lavatory, mirror, and controls and dispensers that comply with the Standards. §§ 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.

65. Hubbard Park at 205 Parker Street

A. Parking and Accessible Route

1. The parking lot, which is not paved, has two designated accessible parking spaces with no access aisles and no van-accessible designation. Provide two firm, stable, and slip-resistant accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

2. There is no accessible route to the picnic tables. Provide an accessible route from the accessible parking to the accessible picnic tables. §§ 4.1.2(2), 4.3, 4.5.

B. Men’s and Women’s Toilet Rooms

1. The toilet rooms in the park are inaccessible. Provide men’s and women’s toilet rooms so 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, lavatory, mirror, and controls and dispensers, that comply with the Standards, or provide an accessible unisex toilet room, that fully comply with the Standards. §§ 4.1.6(3)(e)(i), 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.

66. Marshall Ray Park at Carew Street & St. James Boulevard

A. Parking

1. There are no designated accessible parking spaces provided (out of a total of 30 spaces). Provide two designated accessible parking spaces, including at least one van-accessible space, that are in compliance with the Standards and are located on the shortest accessible route to the accessible entrance of the park. §§ 4.1.2(5), 4.6.

67. Mary Lynch School at 315 N. Branch Parkway

A. The designated accessible parking space is not served by an adjacent access aisle or identified as van-accessible. Provide at least one van-accessible 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.

B. The threshold at the doorway to the designated accessible side entrance is between 1/4 and _ inch. Provide an accessible threshold that is beveled with a slope no greater than 1:2. §§ 4.1.2(1), 4.3.8, 4.5.2, 4.13.8.

C. The inaccessible front entrance has no signage directing users to the accessible back entrance. Provide a sign using the International Symbol of Accessibility to direct users to the accessible entrance. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

68. Mary Walsh School at 50 Empress Court

A. There is an insufficient number of accessible parking spaces (2 of 60 spaces), the spaces lack access aisles, and there is no designated van-accessible space. Provide at least three accessible spaces, one of which is a van-accessible parking space served by an access aisle at least 96 inches wide, and 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. Provide access aisles at least 60 inches wide that comply with the Standards for the other accessible parking spaces, or configure these accessible spaces to share other 60 inch or 90 inch wide access aisles. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

B. The accessible ramp to the building does not have handrails that comply with the Standards and has no edge protection. Provide an accessible ramp that has handrails, edge protection, and other required ramp features that comply with the Standards. §§ 4.1.2(2), 4.3.8, 4.8.5, 4.8.7, 4.26.

69. Myrtle Street Park at Indian Orchard

A. Accessible Route

1. The playground cannot be accessed because of the lack of an accessible route to the playground and the lack of an accessible playground surface. Provide an accessible route to the playground and an accessible surface for the playground. §§ 4.1.2(2), 4.2, 4.3, 4.5.1.

2. The ramp leading to the Community Center lacks handrails and edge protection. Provide handrails on both sides of the ramp that comply with the Standards, and provide edge protection on the open sides. §§ 4.1.2(1), 4.8.5, 4.8.7 & Fig. 17, 4.26.

B. Men’s and Women’s Toilet Rooms

1. The men’s and women’s toilet rooms contain the following non-compliant elements: neither has signage, neither has lever hardware, the door pressure for each is 10 lbs, the mirrors are 52 inches from the finished floor, the coat hooks are greater than 48 inches from the finished floor, the hot water pipes are exposed, the paper towel dispensers are 57 inches from the finished floor, the toilet paper dispensers are greater than 36 inches from the back wall, and the side and rear grab bars are 25 inches long and 30 inches from the finished floor. Provide toilet rooms so that the elements in each room, including the rooms’ identification signage, hardware, door pressure, mirrors, coat hooks, hot water pipes, dispensers and grab bars comply with the Standards. §§ 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.

70. Office of Housing at 81 State Street

A. The ramp leading to the entrance of the building exceeds the maximum allowable slope for a ramp and lacks the required level maneuvering clearance at the door. Provide a ramp with handrails, if appropriate, so that the slope does not exceed 1:12, with a level maneuvering clearance at the door. §§ 4.1.2(1), 4.3.7, 4.8, 4.13.6 & Fig. 25(a), 4.26.

B. There is a call button at the receptionist window but there is no sign identifying it. Provide a sign next to the call button indicating that assistance is available by ringing the bell, using the International Symbol of Accessibility. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

71. Pine Point Senior Center at 355 Berkshire Avenue

A. The two designated accessible spaces lack access aisles, and there is no designated van-accessible space. Provide at least two accessible spaces, one of which is a van-accessible 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. Provide an access aisle at least 60 inches wide that comply with the Standards for the other accessible parking space, or configure the second accessible space to share the 96 inch wide access aisle. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

72. Police Department at 130 Pearl Street

A. Parking and Entrance

1. The parking lot has more than 60 spaces; there are two designated accessible parking spaces with no access aisle and no van-accessible designation. Provide three designated accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

2. There are double leaf doors to the entrance of the Police Department; each has a clear opening width of 28 inches. Provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, or provide an automatic opener operating both doors simultaneously. §§ 4.13.4, 4.13.5, 4.13.12.

3. The minimum allowable space between the two hinged or pivoted doors in a series is not provided. Provide a minimum space of 48 inches plus the width of the exterior door swinging into the space. § 4.13.7.

B. Service Counters

1. The top of the information and complaint counters (windows) are 42 inches above the finished floor. Provide counters that are at least 36 inches wide and no more than 36 inches high; or provide auxiliary counters with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

2. The top of the traffic counter (window) is 42 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

3. The communication telephones located at each service window do not comply with § 4.1.3(17), and are located higher than 54 inches above the finished floor. Provide communication telephones that have hearing aid compatibility and volume control with signage, and where their highest operable part is within the reach ranges specified in the Standards. §§ 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6, 4.31.2 through 4.31.8.

4. The top of the records counter is 43 inches above the finished floor. Provide a 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; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

C. Identification Signage

1. All of the offices and departments have identification signage but the signage lacks Braille. Provide room number signs with raised characters and Braille on the wall adjacent to the latch side of the door of each office, 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.

D. Water Fountain

1. There is a drinking fountain on the second floor that is accessible to people who use wheelchairs but not one accessible to people who have difficulty bending or stooping. Provide a method for persons who have difficulty bending and stooping to use the fountains. §§ 4.1.3(10)(a), 4.15.2.

E. Women’s Public Toilet Room - 2nd Floor

1. The mirror in the toilet room 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. § 4.19.6.

F. Holding Cells

1. There are no designated accessible cells to accommodate people who use wheelchairs. Provide one bed that is mounted 17-19 inches above the finish floor, that has maneuvering space of at least 36 in (915 mm) wide along one side, and that otherwise allows a person using a wheelchair to make a parallel transfer onto the bed. Also, provide at least one accessible toilet facility that complies with Standard § 4.22 and one bathing facility that complies with Standard § 4.23.

73. Purchase Department at 233 Allen Street

A. There is no designated accessible parking space provided. Provide at least 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)(b), 4.6 & Fig. 9.

B. There are stairs leading to the entrance to the building. Provide access to the main entrance of the building via the use of a ramp, elevator, or platform lift in compliance with the Standards. §§ 4.3.8, 4.8, 4.10, 4.11.

74. River Front Park at E. Columbus Avenue

A. Parking and Accessible Route

1. The parking lot has one designated accessible parking space with no access aisle and no van-accessible designation (out of 40 total spaces). Provide two designated accessible parking spaces, including at least one van-accessible space, signage, and access aisles that comply with the Standards. §§ 4.1.2(5), 4.6.

2. There is no accessible pedestrian route from the accessible parking to the Ferry loading dock. Provide an accessible route from accessible parking spaces to the Ferry docks that is firm, stable, and slip resistant. §§ 4.1.2(2), 4.2, 4.3, 4.5.

B. Ferry Ticket Counter

1. The ticket counter is located 47 _ inches above the finished floor. Provide counters that are at least 36 inches wide and no more than 36 inches high; or provide auxiliary counters with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

C. Men’s and Women’s Toilet Rooms

1. The men’s and women’s toilet rooms contain the following non-compliant elements: neither has signage and the door pressure for each is 8 lb. Provide toilet rooms so that the elements in each room, including the rooms’ identification signage and door pressures comply with the Standards. §§ 4.13.11, 4.30.

75. Ruth Elizabeth Park at Hancock Street

A. Accessible Route

1. The route to the accessible entrance to the park is a paved brick path that has deteriorated. Provide an accessible route from the accessible parking to the accessible entrance that is stable, firm, and slip resistant. §§ 4.1.2(1), 4.3.6, 4.5.1.

B. Men’s and Women’s Toilet Rooms

1. The toilet rooms in the park are inaccessible. Provide men’s and women’s toilet rooms so 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, lavatory, mirror, and controls and dispensers that comply with the Standards. §§ 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.

76. South End Community Center at 29 Howard Street

A. Directional Signage

1. The inaccessible front entrance has no signage directing users to the accessible side entrances. Provide directional signage to direct users to the accessible entrances. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

B. Ramps

1. The ramp leading to the first floor of the building has level landings that are 53 inches long. Provide level landings at the top and bottom of each run that are a minimum of 60 inches long. §§ 4.8.2 & Fig. 16, 4.8.4.

2. The ramp leading to the first floor of the building does not have compliant handrails. The handrails on both sides of the ramp have a clear space between the handrail and the wall that exceeds 2 1/2 inches. Provide handrails that have a clear space between the handrail and the wall that is 1 1/2 inches and otherwise comply with the Standards. §§ 4.8.5, 4.26.

3. The ramp leading to the bottom floor of the building entrance does not have level landings interrupting the run as required. Provide at least one intermediate landing and level landings at the top and bottom of each run that comply with the Standards. §§ 4.8.2 & Fig. 16, 4.8.4.

4. There is no handrail on the left side of the entrance ramp leading to the bottom floor of the building. Provide a handrail on the left side of the ramp that is between 34 and 38 inches high, has extensions of at least 12 inches beyond the top and bottom of the ramp segment, and has ends that are rounded or returned to the floor, wall, or post and otherwise comply with the Standards. The handrail on the right side of the ramp has a clear space between the handrail and the wall that exceeds 2 1/2 inches. Provide a handrail on the right side of the ramp that has a clear space between the handrail and the wall that is 1 1/2 inches and otherwise complies with the Standards. §§ 4.8.5, 4.26.

5. There is no accessible route from the sidewalk in front of the building to the ramp that leads to the bottom floor of the building. Provide an accessible route from the sidewalk to the entrance including a curb ramp from the accessible parking to the sidewalk. §§ 4.1.2(1), 4.3.8, 4.7.

C. Entrance Doors

1. The doors to the side entrances are kept locked and lack lever hardware. Keep these doors unlocked when the building is open and provide lever hardware. § 4.13.9.

2. The pressure required to open both side entrance doors is greater than 29 pounds. Provide door closers on both doors so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).

D. Men’s and Women’s Toilet Rooms

1. The men’s and women’s toilet rooms on the first floor contain the following non-compliant elements: neither has signage, the doors lack lever hardware, the stall doors lack hardware, the hot water pipes are not insulated, the side and rear grab bars are 32 inches high, the flush control in the women’s room is on the closed side of the toilet, and both grab bars have 3 inches between the bars and the wall. Provide toilet rooms so that the spaces and elements in each room, including the rooms’ identification signage, entry doors, stall doors, hot water pipes, flush controls, and grab bars comply with the Standards. §§ 4.2, 4.3, 4.13, 4.17 and Fig. 30, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

2. The unisex designated accessible toilet room on the bottom floor of the building contains the following non-compliant elements: there is no signage, the soap dispenser is 55 inches from the floor, the coat hook is 63 inches from the floor, the paper towel dispenser is 57 inches from the floor, the hot water pipes are not insulated, the side and rear grab bars are 32 inches high, the flush control is on the closed side of the toilet, and both grab bars have 3 inches between the bars and the wall. Provide a toilet room so that the spaces and elements in the room, including the room’s identification signage, hot water pipes, flush controls, dispensers, hooks, and grab bars comply with the Standards. §§ 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.

E. Water Fountain

1. There is a drinking fountain on the first floor that is accessible to people who use wheelchairs but not one accessible to people who have difficulty bending or stooping. Provide a method for persons who have difficulty bending and stooping to use the fountains. §§ 4.1.3(10)(a), 4.15.2.

77. Symphony Hall at 36 Court Street

A. Accessible Route

1. The inaccessible front entrance has no signage directing users to the accessible side, bottom floor entrance. Provide signage directing users to the accessible entrance. §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

B. Elevator

1. The elevator is not accessible to individuals with disabilities. Provide an accessible elevator on an accessible route so that the spaces and elements, including the control panel, call controls, hoistway floor designations, audible and visual signals, signal times, door sensors, hall and car indicators, car floor space, car entrance width, and emergency communications comply with the Standards. §§ 4.1.3(5), 4.10.

C. Men’s Toilet Room (bottom floor)

1. The toilet room sign does not have Braille. Provide a sign that has raised characters and Braille, and is mounted on the latch side of the door so that its centerline is 60 inches above the finished floor and a person can approach within 3 inches of signage 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.

2. The designated accessible stall door in the men’s toilet room does not have accessible hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.17.5, 4.13.9.

3. The height of the grab bars in the designated accessible stall is 30 inches above the finished floor. Provide grab bars that are 33 to 36 inches above the finished floor. § 4.17.6 & Fig. 30(d).

4. The toilet paper dispenser interferes with the use of the side grab bar. Provide a toilet paper dispenser beneath the side grab bar so that it does not interfere with its use, with its centerline no less than 19 inches above the finished floor. §§ 4.17.3 & Fig. 30(d).

5. There is no visual alarm in the men’s toilet room. Provide a visual alarm in the toilet room, as necessary, in compliance with the Standards. §§ 4.1.3(14), 4.28.

D. Women’s Toilet Room (bottom floor)

1. The toilet room sign does not have Braille. Provide a sign so that it has raised characters and Braille, and is mounted on the latch side of the door so that its centerline is 60 inches above the finished floor and a person can approach within 3 inches of signage 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.

2. The height of the grab bars in the designated accessible stall is 30 inches above the finished floor. Provide grab bars that are 33 to 36 inches above the finished floor. § 4.17.6 & Fig. 30(d).

3. The toilet paper dispenser interferes with the use of the side grab bar. Provide a toilet paper dispenser beneath the side grab bar so that it does not interfere with its use, with its centerline no less than 19 inches above the finished floor. §§ 4.17.3 & Fig. 29(d).

4. There is no visual alarm in the women’s toilet room. Provide a visual alarm in the toilet room, as necessary, in compliance with the Standards. §§ 4.1.3(14), 4.28.

E. Water Fountain (bottom floor)

1. There is a drinking fountain on the bottom floor that is accessible to people who use wheelchairs but not one accessible to people who have difficulty bending or stooping. Provide a method for persons who have difficulty bending and stooping to use the fountains. §§ 4.1.3(10)(a), 4.15.2.

F. Assembly Area

1. The accessible seating area does not provide adequate space for wheelchair seating. Provide 30 dispersed wheelchair seating locations that are each at least 60 inches deep for a side approach or 48 inches deep for a front or rear approach and 33 inches wide with adjacent fixed companion seats next to each wheelchair seating location. §§ 4.1.3(19)(a), 4.33 & Fig. 46.

2. The Hall 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.

3. The west entrance ramp to the stage has no 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 otherwise comply with the Standards. §§ 4.8.5, 4.26.

4. The door at the top of the ramp leading to the stage has a clear opening width of 29 inches. Provide 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. § 4.13.5 & Fig.24.

5. The head room at the area adjacent to the passageways around the stairs is reduced to less than 80 inches. Provide a barrier to warn blind or visually-impaired persons. § 4.4.2 & Fig. 8(c-1)

MISCELLANEOUS PROVISIONS

78. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the City will submit written reports to the Department summarizing the actions the City 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.

79. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City 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).

80. Within 120 days of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and the appropriate way to interact with persons with disabilities. The City 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.

81. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public. At the end of that period, the City 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

82. 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.

83. 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.

84. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City 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.

85. 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.

86. 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 City or the Department on request.

87. 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 City’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

88. This Agreement will remain in effect for six 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.

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




For the City: For the United States:


MAYOR MICHAEL J. ALBANO





By:__________________________
The City of Springfield
36 Court Street
Springfield, Massachusetts 01103












,


Date:       10/21/03                            











R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division



By:__________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
JOSHUA MENDELSOHN, Supervisory Attorney
NATALIE SINICROPE, 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:        February 27, 2004                          












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Attachment A

Justice Department seal

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’s 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/County 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 [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 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 [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.

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ATTACHMENT C

SPRINGFIELD POLICE DEPARTMENT

POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION

WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING


OVERVIEW

It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

  • People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.

  • The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing.

  • Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.

  • Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.

  • The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.

  • In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:

– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.

  • To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.

  • The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:

– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.

  • The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.

  • People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.

ON-CALL INTERPRETIVE SERVICES

  • The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.

  • A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”

TTY AND RELAY SERVICES

  • In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

  • Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:

– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.

PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES

  • Officers must utilize the following auxiliary aids, when available, to communicate effectively:

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters



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ATTACHMENT D


Justice Department seal

SPRINGFIELD POLICE DEPARTMENT

GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing



As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

- use of qualified sign language or oral interpreters
- for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)
- use of gestures or visual aids to supplement oral communication
- an exchange of written notes
- or use of a computer or typewriter.

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

- In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

- During interrogations and arrests, a sign language interpreter will often be necessary.

- If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

- In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.
Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters:

___________________________________________________

___________________________________________________

___________________________________________________




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ATTACHMENT E

VOTING ACCESSIBILITY SURVEY

Citations are to ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.

Name and address of polling location:___________________________________________________________________

Name, title, and phone number of individual conducting survey: _______________________________________________

ITEM

TECHNICAL REQUIREMENTS

MODIFICATIONS NEEDED

Parking 1 per 25 spaces is accessible, up to 100 spaces; 1 per 50 to 101-200 spaces. 1 in 8 accessible spaces, but not less than 1, must be van accessible. 4.1.2(5)(a)
Reserved sign vertical so not obscured by parked vehicles, using Int’l Symbol Accessibility. If van space, add “van-accessible” sign 4.6.4
Width of vehicle space at least 96". 4.6.3
Car access aisles at least 60" 4.1.2(5)(a); van access aisle at least 96". 4.1.2(5)(b).
Surface of aisle stable, firm, slip resistant. 4.6.3, 4.3.6, 4.5.1
Slope of space and access aisle no more than 1.50 in all directions (no built-up curb ramp intrusion). 4.6.3
On shortest accessible route of travel to accessible entrance. 4.6.2
Aisle is part of accessible route to entrance. 4.6.3, 4.3
Curb Ramps Slope no more than 1:12. 4.7.2
Width at least 36", not including flared sides. 4.7.3
Accessible Exterior Route At least 36" wide. 4.3.3
Cross slope no more than 1:50. 4.3.7
Route free of stairs, curbs without ramps, abrupt changes of level greater than 1/4". 4.3.8, 4.5.2
Slope no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1
Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1
Directional signs indicate accessible route and accessible entrance (when not all entrances are accessible), using Int’l Symbol Accessibility. 4.1.2(7), 4.1.3(8)(d), 4.30.7
Route free of objects (e.g., pay phones, trees) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1
Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as planter within 27 inches of ground). 4.4.2
Ramps Running slope no more than 1:12; rise for any run a maximum of 30". 4.8.2
Cross slope no more than 1:50. 4.8.6
Surface stable, firm, slip resistant. 4.8.6, 4.5
Clear width between handrails at least 36". 4.8.3
Level landing at top and bottom of ramp and each ramp run. 4.8.4
Landing at least as wide as ramp and at least 60" long. 4.8.4(1), (2)
Where ramp changes direction, landing of at least 60"W x 60"L. 4.8.4(3)
Edge protection if drop off (i.e., 2" curb, wall, railings, projecting surfaces). 4.8.7
Handrails if ramp over 6" high or over 72" in length. 4.8.5
Inside rail continuous if switchback ramp. 4.8.5(1)
Top of handrail between 34" - 38" above ramp surface. 4.8.5(5)
At least 12" handrail extensions, parallel to ground, beyond top and bottom of ramp segment. 4.8.5(2)
Handrail ends rounded or returned to wall/floor/post. 4.8.5(6)
Handrail diameter between 1-1/4" to 1-1/2 “ OR shape provides equivalent gripping surface (standard pipe this size). 4.8.5, 4.26.2
Clear space between handrail and mounting wall exactly 1 1/2“. 4.8.5(3)
Rails and fasteners structurally strong/sound. 4.8.5, 4.26.3
Accessible
Entry Doors
Door or at least one side of double-leaf door must have minimum 32“ clear passage when door is open 90 degrees. 4.13.4, 4.13.5
Maneuvering space at door must comply with 4.13.6 and Figure 25 (illustration below).
Door hardware cannot require tight grasping, tight pinching, or twisting of the wrist. 4.13.9
Operating hardware mounted no more than 48" from floor. 4.13.9
Interior doors cannot require more than 5 lbs of force to open. 4.13.11(2)(b)
If two doors in series, clear floor space must be at least 48" between doors, plus width of any door swinging into the space. 4.13.7
Threshold no more than 3/4" for sliding doors, 1/2" for others, and beveled at 1:2 or less. 4.13.8
If door has closer, takes at least 3 seconds from open position of 70 degrees to move to 3 inches from latch (measured from leading edge of door) 4.13.10
Interior
Routes to Public Use Areas
At least 36" wide. 4.3.3
Cross slope no more than 1:50. 4.3.7
Route free of stairs or abrupt changes of level greater than 1/4". 4.3.8, 4.5.2
Slope of hallway no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1
Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1 If carpeted, secure, trimmed, low pile with firm/no pad. 4.5.3
Route free of objects (e.g., fire extinguishers, wall-mounted lights, electrical meters, pay phones) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1
Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as a planter or other object placed within 27" of ground, wherever vertical clearance for pedestrian is 80" or less). 4.4.2
Voting Machine There is 30” x 48" clear space in front of machine, to accommodate the front or parallel approach of a person in wheelchair; space may overlap accessible route. 4.2.4 & Figure 4(b),(c) (illustration below)
For machines placed on tables/desks: knee space must be at least 27"H x 30"W x 19"D; table height no more than 28-34". 4.32.3, 4.32.4
For machines placed on tables/desks: The level reach cannot > 25" deep for a forward approach. If < 20", the height of controls can be 48". If level reach is 20-25" deep, height cannot exceed 44". 4.2.5 & Figure 5(b) (illustration below).
For machines placed on tables/desks: The level reach cannot > 24" deep for parallel approach. If < 24" but > 10", the height of controls must be between 15" and 46" above floor. If < 10", height of controls must be between 15" and 54" above floor. 4.2.6 & Figure 6(c) (illustration below).
ILLUSTRATIONS

Figure 25: Maneuvering Clearances at Doors

Fig. 25 Maneuvering Clearances at Doors

Figure 4(b),(c): Clear Floor Space for Persons in Wheelchairs to Approach Voting Machines

Fig. 4(b) Forward Approach | Fig. 4(c) Parallel Approach

Figures 5(a), 6(b): High and Low Reaches for Front and Parallel Approaches

Fig. 5a High Forward Reach Limit | Fig. 6b High and Low Side Reach Limits

Figures 5(b), 6(c): Reach Ranges over Obstructions

Fig. 5b Maximum High Forward Reach over an Obstruction | Fig. 6c Maximum Side Reach over Obstruction

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October 09, 2008