COORDINATION & REVIEW CIVIL RIGHTS DIVISION 94 JUN-8 PM 3:34 (STAMPED) SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WADSWORTH, OHIO DEPARTMENT OF JUSTICE COMPLAINT NUMBER XX This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131- 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section, against the City of Wadsworth, Ohio ("City"). The complaint alleges that the Wadsworth City Hall is inaccessible to individuals with mobility impairments, and that such individuals cannot receive the services provided or participate in the programs and activities conducted in City Hall. The complaint further alleges that the inaccessibility of the City Hall prevents individuals with mobility impairments from participating in legal proceedings in the City court within the City Hall, and from attending public meetings, such as City Council meetings. The Department of Justice ("Department") is authorized under 28 CFR part 35 subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the City with title II of the ADA and the Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. 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 a civil suit in this matter. The parties to this Agreement are the United States of America and the City of Wadsworth, Ohio, a public entity as defined by title II of the ADA. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement. In order to avoid the burdens and expenses of possible lit igation, the parties hereby agree as follows: 1. Title II of the ADA and its implementing regulation prohibit discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, and activities of a public entity, such as the City. 01-06898 - 2 - 2. The City owns and operates the City Hall and the City court located in Wadsworth, Ohio. 3. Because of architectural barriers, the City Hall and the City court located in City Hall are inaccessible to and unusable by individuals with mobility impairments. 4. The City may not deny the benefits of or participation in its public programs, services, and activities or access to its courtroom proceedings to individuals with disabilities because its facilities are inaccessible. 5. Under the ADA, the programs, services and activities provided in City Hall and the City court, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. 6. The City will provide a written commitment to construct a new City Hall, with completion projected by Spring 1995, within 30 days of the effective date of this Agreement. The new City Hall will contain all City services now housed in City Hall, including police and court, and be accessible to and usable by individuals with disabilities. a. Construction of the new City Hall in conformance with either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines (ADAAG) will be deemed to comply with the requirements of the ADA, except that where ADAAG is used, the elevator exemption in section 4.1.3 is not available to entities covered by title II. b. The City will provide proposed architectural drawings, including specifications and descriptions, of the new City Hall to the Department for review. Every 90 days from the effective date of this Agreement, the City will provide interim reports to the Department, describing the progress in constructing the new facility. 7. The City will maintain alternative arrangements for providing program accessibility to all programs, services, and activities, including public meetings and court proceedings, until the new facility is completed. Alternative arrangements may include, but are not limited to, use of the Center for Older Adults. 8. The City will ensure that its current procedures for providing alternative access are well publicized and widely disseminated. The City will take all necessary and appropriate steps to notify individuals with disabilities in the community of the availability of the alternative arrangements for program 01-06899 - 3 - accessibility. The procedures will be in writing and will identify the officials responsible for providing alternative arrangements for access, describe how requests should be made, the arrangements available, including arrangements for the provision of auxiliary aids for individuals with vision or hearing impairments, and any other information necessary to inform the public and its employees about the accessibility of the City's programs, services, and activities. The procedures will specifically address public meetings and court proceedings. 9. A notice will accompany all traffic citations and any other notice to appear to inform individuals with disabilities of alternative arrangements available for those who must appear in court for legal proceedings. The City will provide a copy of this notice to the Department of Justice for approval prior to printing. 10. The City will make the designated parking space outside City Hall fully accessible by eliminating the potholes in the space and leveling the grade to permit use by individuals with disabilities. The parking space will be marked with signage that complies with ADAAG. 11. The City will provide an accessible desk and partition in the lobby of City Hall that allows individuals with mobility impairments to conduct business and receive the services and benefits offered in this facility. 12. The City will change the sign outside of City Hall that says "Handicapped Crossing," to more neutral language, e.g., "Pedestrian Crossing." 13. The City agrees to instruct all of its employees who are in any way responsible for the conduct of any proceedings in the courtroom facilities or the City Council chambers or other public meeting place, of the policies and procedures for making these forums accessible to individuals with disabilities. Training will be conducted to the extent necessary to carry out all policies. (Also see #16 below.) 01-06900 - 4 - 14. Pursuant to its obligations under title II, the City will make available to its employees, interested persons and the general public, information regarding the provisions of title II and the law's applicability to the programs, services, and activities of the City by means of a public notice. This public notice will be made in such a manner that communicates effectively with individuals with disabilities, including those with hearing and visual impairments. Within 30 days of the effective date of this Agreement, the following notice or an equivalent will be filed on two separate occasions in a newspaper of general circulation serving Wadsworth, Ohio: In accordance with the requirements of title II of the Americans with Disabilities Act, the City of Wadsworth, Ohio, will not discriminate against qualified individuals with disabilities on the basis of disability in the City's programs, services, and activities, including employment. The City will operate each program, service, and activity in such a manner that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities. The City will take appropriate steps to ensure that communications with applicants, participants, beneficiaries, and members of the public with disabilities are as effective as communications with other individuals who do not have disabilities. 15. Within 30 days of the effective date of this Agreement, the City will publicize the name, office address, and telephone number of the employee or employees designated as responsible for coordinating its efforts to comply with and carry out the provisions of title II in its notice as described above. The City will provide a copy of the notice to each employee and to any other person upon request. 16. Within 30 days of the effective date of this Agreement, the City will provide training to its managers and staff on its obligations under title II. 17. Within 60 days of the effective date of this Agreement, the City will adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action(s) prohibited by title II. 01-06901 - 5 - 18. Within 15 days of completing each of the actions required in paragraphs 6, and 8 through 17 above, the City will submit a report to the Department describing the actions taken to comply with each respective provision and provide supporting documentation. 19. The Department may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of the Agreement in an appropriate Federal court. 20. Failure by the Department to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 21. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The City will provide a copy of this Agreement to any person upon request. 22. In the event that the City fails to comply in a timely manner with any requirement of the Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of the Agreement, all terms of this Agreement will become enforceable in an appropriate Federal court. 23. The effective date of this Agreement is the date of the last signature below. 24. 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, will 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. 01-06902 - 6 - For the City of Wadsworth, For the United States: Ohio: (SIGNATURE) (SIGNATURE) John A. Hanna Merrily Friedlander Mayor Acting Chief Merle Morrow, Attorney Date Thomas Esbrook, Investigator 6-3-94 Coordination and Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date 6/17/94 01-06903 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 JUN 17 1994 (STAMPED) John A. Hanna Mayor City of Wadsworth 145 High Street Wadsworth, Ohio 44281 RE: Complaint Number XX Dear Mr. Hanna: This letter is to inform you that the Settlement Agreement between the City of Wadsworth and the Department of Justice concerning title II of the Americans with Disabilities Act of 1990 (ADA) becomes effective as of the date of this letter. Attached is a copy of the Settlement Agreement that resolves a complaint alleging that the programs at the Wadsworth City Hall are not readily accessible to and usable by persons with mobility impairments because they are housed in an inaccessible facility. The Agreement states that the City of Wadsworth will construct a new City Hall, with completion scheduled for Spring 1995. The new City Hall will contain all City services now housed in the City Hall, including the police department and the City court, and will be accessible to and usable by individuals with disabilities, including persons with mobility impairments. In the interim, the City will provide alternate methods to make the programs located in the City Hall accessible. Because the City has signed a Settlement Agreement, which provides that the City will make all of its programs housed in the City Hall accessible to persons with mobility impairments, we are closing our file in this case as of the date of this letter. Continued compliance is contingent upon the City's completion of the actions required by the Agreement. Failure to implement the requirements of the Agreement may result in a finding of noncompliance with title II of the ADA. 01-06904 - 2 - The Coordination and Review Section will monitor the City's progress in implementing the requirements of the Agreement. To begin the monitoring process, the City will submit a written commitment to construct a new City Hall, as required by paragraph 6 of the Agreement, by July 18, 1994, 90 days after the effective date of the Agreement. The City will then submit progress reports at 90 day intervals until the new City Hall is completed. Within 15 days of completing each of the actions required in paragraphs 8 through 17 of the Agreement, the City will submit a report to the Department describing the actions taken to comply with each respective provision and provide supporting documentation. This letter and the attached Agreement are not intended and should not be construed to cover any other issues regarding compliance with title II that may exist and that are not specifically discussed herein. Under the Freedom of Information Act, 5 U.S.C.  522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information that could constitute an unwarranted invasion of privacy. We appreciate the cooperation of City officials during our investigation and settlement negotiations. My staff wishes to convey its appreciation to Ms. Sue Cox, Employee Service Manager, who was of great assistance in reaching this successful conclusion. If you have any questions concerning this letter, please feel free to call Thomas Esbrook at (202) 307-2940. Sincerely, (SIGNATURE) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-06905 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 JUN 17 1994 (STAMPED) XXX XXX XXX RE: Complaint Number XX Dear: XX : This letter is in reference to the complaint you filed with the Department of Justice, Civil Rights Division, Coordination and Review Section, alleging that the programs at the Wadsworth City Hall are not readily accessible to and usable by persons with mobility impairments because they are housed in an inaccessible facility. Enclosed is a copy of the fully-executed Settlement Agreement between the Department of Justice and the City of Wadsworth. The Settlement Agreement states that the City will construct a new City Hall, with completion scheduled for Spring 1995. The new City Hall will contain all City services now housed in City Hall, including police and court services, and will be accessible to and usable by individuals with disabilities, including persons with mobility impairments. In the interim, the City will provide alternative methods to make the programs located in the City Hall accessible to persons with mobility impairments. Based upon the assurances in this voluntary Settlement Agreement, we have determined that the City is in compliance with title II with respect to the issues raised in your complaint, and we are closing this case as of the date of this letter. Continued compliance is contingent upon the City's completion of the actions required by the Settlement Agreement. The Coordination and Review Section will monitor the City's progress in implementing the requirements of the Settlement Agreement. If you are dissatisfied with the terms of the Settlement Agreement, 01-06906 - 2 - you may file a private complaint in the appropriate United States District Court under title II of the ADA. Our determination of the City's compliance is not intended, nor should it be construed, to cover any other issues regarding compliance with title II that may exist and that are not specifically addressed in the Settlement Agreement. You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, 5 U.S.C.  522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information that could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter, please feel free to call Thomas Esbrook at (202) 307-2940. Sincerely, (Signature) Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-06907