SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF WISCONSIN DELLS, WISCONSIN

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-86-90

 

Settlement Agreement | Department of Justice Press Releases

 

BACKGROUND

This matter was initiated by a compliance review under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, by the United States Department of Justice ("Department") against the City of Wisconsin Dells, Wisconsin ("City"). The compliance review was scheduled by the Disability Rights Section (DRS) of the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F, to determine if the City has taken the steps necessary to make its programs, services, and activities accessible to people with disabilities.

The Department is authorized under 42 U.S.C. § 12188, to investigate 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. The Department completed an on site investigation of City services, programs, and activities at City facilities and identified multiple title II violations, including programs, services, and activities held at the City Hall, Police Station, Library and Community Center, Wisconsin Dells Pool, Health and Safety and Recreation Building, and Bowman Park. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

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

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 City owns the facilities listed in this Agreement.

3. Under title II of the ADA, discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities of the City is prohibited. 42 U.S.C. § 12132.

4. Under title II of the ADA, each service, program, or activity that is provided by the City, when viewed in its entirety, must be readily accessible to and usable by persons with disabilities. 28 C.F.R. § 35.150(a).

5. The subject matter of this Agreement is the implementation of a plan to ensure that City services, programs, and activities are readily accessible to and usable by persons with disabilities.

REMEDIAL ACTION

6. Within 30 days of the effective date of this Agreement, the City will add a TTY/TDD telephone number to its system for non-emergency administrative calls to the City.

7. Within 30 days of the effective date of this Agreement, the City will establish a written procedure to ensure that non-emergency TTY/TDD calls are returned by the appropriate City official on the same day as received. If the caller's concerns or questions cannot be handled promptly, the procedures will require a City employee to speak to the caller on the same day in order to establish a time frame for the call-back.

8. The City will publish the non-emergency administrative TTY/TDD telephone number in the local telephone book in its next printing and on its Internet web site within 30 days of the effective date of this Agreement.

9. In order to ensure that programs offered at City Hall are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 9 months of the effective date of this Agreement:

10. In order to ensure that programs offered at the Police Station are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 6 months of the effective date of this Agreement:

11. In order to ensure that programs offered at the Library and Community Center are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 6 months of the effective date of this Agreement:

12. In order to ensure that programs offered at the Wisconsin Dells Pool are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

13. In order to ensure that programs offered at the Health and Safety and Recreation Building are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 6 months of the effective date of this Agreement:

14. In order to ensure that programs offered at Bowman Park are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 9 months of the effective date of this Agreement:

 

IMPLEMENTATION AND ENFORCEMENT

15. At 60, 180, and 360 days after the effective date of this Agreement, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers and on the Internet, and copies of adopted policies.

16. 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 with the Department to the proposed modification, the proposed modification to this Agreement will not take effect and all terms and conditions of the Agreement remain enforceable.

17. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court.

18. 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.

19. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, all terms of this Agreement shall become immediately enforceable in an appropriate Federal court.

20. This Agreement is a public document. A copy of this document or any information contained in it will be provided to any person by the City or the Department on request.

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

22. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.

23. This Agreement will remain in effect for two years from the effective date of this Agreement, or until full compliance with this Agreement by the City has been achieved. The signers of this document represent that they are able to bind their parties to this Agreement.

 

For the United States:

_________________________

BILL LANN LEE,
Acting Assistant Attorney General
for Civil Rights

By:__________________________

JOHN L. WODATCH, Chief
RENEE M. WOHLENHAUS, Deputy Chief
SUSAN B. REILLY, Supervisory Attorney
LISA M. LEVINE, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738

Date _________________________

 

For the City:

_________________________

MAYOR CRAIG P. CASEY
City of Wisconsin Dells
P.O. Box 655
Wisconsin Dells, Wisconsin 53965

Date ______________________

Project Civic Access | ADA Home Page

February 7, 2001