U.S. Attorney No. 2016V00222
DJ Nos. 204-22-97, 204-22-98, 204-22-99, 204-22-100


  1. The Parties to this Voluntary Compliance Agreement ("Agreement") are the United States Attorney's Office for the District of Idaho, acting on behalf of the United States of America (the "United States") and Kootenai County.
  2. The United States is authorized under the Americans with Disabilities Act ("ADA") to initiate compliance reviews in order to determine compliance with title II of the ADA and title II's implementing regulation, to resolve matters by informal resolution, such as through the terms of this Agreement. 28 C.F.R. Part 35, Subpart F. If informal resolution is not achieved, the United States is authorized to issue a noncompliance Letter of Findings, and if necessary, under 42 U.S.C. § 12133, to bring a civil action to enforce title II of the ADA.
  3. Kootenai County is a public entity subject to title II of the ADA, 42 U.S.C. §§ 12131 – 12134, and its implementing regulations, 28 C.F.R. § 35.104.
  4. This Agreement pertains to four separate facilities which are referred to in this Agreement as "the Kootenai County Court Facilities." The Kootenai County Courthouse, located 501 N. Government Way, in Coeur d'Alene, Idaho, was originally constructed in 1925 and remodeled in 1997. The Kootenai County Justice Building, located at 324 W. Garden Avenue, was constructed in 1986 and remodeled in 1997. The Kootenai County Juvenile Justice Center, located at 205 N. 4th St., was constructed in 1998 and remodeled in 2009. The Kootenai County Public Safety Building, located at 5500 North Government Way, was constructed in 1985.
  5. The United States and Kootenai County share the goal of resolving the compliance review and ensuring that the Kootenai County Court Facilities comply with title II of the ADA. The parties have decided to resolve this matter as set forth below without further investigation, and without adjudication of factual and legal disputes.


  1. In consideration of, and consistent with, the terms of this Agreement as set forth below, the United States agrees to refrain from filing a civil suit in this matter, except as provided for in the "Implementation and Enforcement" section of this Agreement. Remedies for violating this Agreement are set out below.
  2. All remedial actions completed at the Kootenai County Court Facilities pursuant to this Agreement will comply in all respects with title II of the ADA, 42 U.S.C. §§ 12131-12134, its implementing regulations, 28 C.F.R. Part 35, including the 2010 ADA Standards for Accessible Design.
  3. Kootenai County will solicit bids to correct the non-compliant items identified in Attachments A-D of this Agreement on or before September 15, 2017.
  4. As soon as practical, and before November 15, 2017, Kootenai County shall enter an agreement with a contractor, selected by Kootenai County, to correct the non-compliant items identified in Attachments A-D of this Agreement. Kootenai County will notify the United States when that agreement is executed.
  5. Within 13 months after executing the agreement described in Paragraph 9, Kootenai County will complete the accessibility modifications to the Kootenai Facilities to address the non-compliant items identified in Attachments A through D to this Agreement.
  6. In addition, in each of the Kootenai County Facilities, the metal detectors are not compliant with the ADA. When Kootenai County replaces the metal detectors, Kootenai County will replace the metal detectors with ADA-compliant models.
  7. All remedies shall be completed by the date described in Paragraph 10, unless otherwise agreed upon by the parties in writing. The failure to complete work as described herein by the deadline without a written modification to this Agreement, as described in Paragraph 16, shall constitute a material breach of this Agreement.


  1. Within 30 days of the completion of remediation of violations of the ADA in each Kootenai County Facility, Kootenai County shall submit a written reports certifying that the items identified in Attachments A-D have been remediated.
  2. Kootenai County shall provide the United States with documentation and photographs evidencing its completion of all corrective actions required by Attachments A-D, in sufficient detail for the United States to confirm independently that all work has been done in conformance with the parties' Agreement.
  3. Within 30 days after Kootenai County replaces the metal detectors, Kootenai County will submit a notification, certifying that the metal detectors have been replaced with ADA-compliant models.
  4. If at any time the Kootenai County 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 United States in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Kootenai County must obtain the United States' written agreement to the proposed modification.
  5. The United States may review compliance with this Agreement at any time. If the United States believes that any portion of this Agreement has been violated, it will so notify Kootenai County in writing and will attempt in good faith to resolve the issue or issues. If the United States cannot resolve the issue or issues raised within 30 days of the date it provides notice to the Kootenai County, it may institute a civil action in federal district court to enforce title II and/or to enforce the terms of this Agreement.
  6. Failure by the United States 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 United States' right to enforce other deadlines and provisions of this Agreement.
  7. The effective date of this Agreement is the date of the last signature below.
  8. This Agreement, along with Attachments A-D, constitutes the entire agreement between the parties. 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, except for any modifications made in accordance with Paragraph 16.
  9. With the exception of the violations listed in Attachments A-D, 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 Kootenai County's continuing responsibility to comply with all aspects of the ADA.
  10. This Agreement is a public document. A copy of this document may be made available to any person by Kootenai County or the United States.
  11. This Agreement will remain in effect until the parties agree that full compliance with this Agreement by the Kootenai County has been achieved.
  12. The person signing for the Kootenai County represents that she is authorized to bind the Kootenai County.


DATED: 9/6/17



/s/ Christine Gealy England
Christine Gealy England
Assistant United States Attorney



DATED: 10-3-17
/s/ Marc Eberlein
Marc Eberlein, Chairman