Settlement Agreement between the United States of America
and the City of Muskegon, Michigan
On September 27, 2010, the Department of Justice entered into a settlement agreement with the City of Muskegon, Michigan, under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35, as well as section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.
The Department of Justice initiated a compliance review of the City of Muskegon in July, 2007, as part of Project Civic Access, a Department initiative to ensure greater access for persons with disabilities to state and local government programs, services, activities, and facilities. An on-site survey of the City of Muskegon's buildings, programs, and services was conducted in August 2008. City of Muskegon staff worked cooperatively with the Department throughout the compliance review process in order to reach an agreement.
Facilities surveyed by the Department and covered by the agreement include: Beachwood Park, Monet Garden, Fire Station 4, Central Fire Station/9-1-1 Call Center, Cross Lake Express Ferry Terminal, L.C. Walker Arena, Aadmodt Parrk, Beukema Park, City Hall, Muskegon Police Station, Pere Marquette Park, Muskegon Farmers Market, Fishermans' Landing, St. Joseph Park, Indian Cemetery, Clara Shepherd Park, Margaret Drake Elliott Park, Hartshorn Marina, Smith Ryerson Community Center/Park, Veterans Memorial Park, O.A. Seyferth Park, Grand Truck Launch Ramp, Donald J. Campbell Park, Morman F. Kruse Park, Filtration Plant Campus, Lakeside Cemetery Office and Storage, Reese Park, Sheldon Park Shelter, McGraft Park and Community Center, Public Service Building, CW Marsh Field, Evergreen Cemetery/Mausoleum, and McCrea Playfield.
The Department also reviewed the City of Muskegon's polling places, emergency management procedures, employment policies, sidewalks program, and 9-1-1 emergency services.
Other City of Muskegon facilities are covered by the settlement agreement and will be surveyed or modified for compliance with ADA requirements by the City of Muskegon.
Among other things, the City of Muskegon has agreed to:
The text of the settlement agreement specifies all steps that will be taken and the time frames for taking them.
Most of the actions required by the settlement agreement will be completed within 3 years. The City of Muskegon will work with the disability community to prioritize modifications required to make sidewalks, pedestrian crossings, and transportation stops accessible, including the installation of large numbers of curb ramps throughout the City of Muskegon, Michigan, which will be completed within five years and six months. The Department will actively monitor compliance with the agreement, which will remain in effect until the Department has confirmed that all required actions have been completed.
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