SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE PAULDING COUNTY, OHIO, BOARD OF COMMISSIONERS DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C. SS 12131-12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section, against the Paulding County, Ohio, Board of Commissioners ("the County"). The complaint alleges that the courtroom facilities located in the Paulding County Courthouse are inaccessible to and unusable by individuals who use wheelchairs. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C. S 12212, the parties have entered into this agreement. The parties to this agreement are the United States of America and the County. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the County because it is a public entity as defined in 42 U.S.C. S 12131. 2. The County owns and operates a courthouse located in Paulding, Ohio. 3. Because of architectural barriers, the courtroom facilities located in the County's courthouse are inaccessible to and unusable by individuals with mobility impairments. 4. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities of a public entity such as the County. 5. The County may not deny the benefits of or participation in its courtroom facilities to individuals with disabilities because the courtroom facilities are inaccessible. 6. Under the ADA, the services, programs, or activities provided in the County's courtroom facilities, when viewed in their entirety, must be accessible to and usable by individuals with disabilities. 01-06881 7. The subject of this settlement agreement is the development of a plan which will provide access to the services, programs, and activities provided in the courtroom facilities located in the County's courthouse. 8. The County shall develop a written policy (hereinafter "written policy") to provide that in those situations where an individual with a mobility impairment may be required or chooses to attend legal and other proceedings which are held in the courtroom facilities located in the County's courthouse, the County shall, on reasonable notice from the individual desiring access, relocate the proceeding to a location that is accessible to and usable by the individual with the mobility impairment. 9. All appropriate County and/or State officials responsible for conducting proceedings in the courtroom facilities shall review and agree to the written policy. 10. Within thirty(30) days of the execution of this agreement, the County shall submit a copy of the final written policy to the Department for review and approval. 11. Within thirty (30) days of Departmental approval of the written policy, the written policy shall be published on two separate occasions in a newspaper of general circulation serving Paulding County. In addition to including the written policy, the notice shall state that "Pursuant to the requirements of title II of the Americans with Disabilities Act, Paulding County will not discriminate against qualified individuals with disabilities on the basis of disability, in the County's services, programs, or activities.11 12. Copies of the written policy shall be provided to members of the public upon request and shall be prominently displayed on all bulletin boards in the County's courthouse. 13. The County agrees to instruct all its employees who are in any way responsible for the conduct of any proceedings in the courtroom facilities of the written policy. 14. The Department may review compliance with this agreement at any time. 15. Failure by the Department to enforce this entire agreement or any provision thereof with regard to any deadline or any other provision thereof with regard to any deadline or its right to do so with regard to other deadlines and provisions of this agreement. 01-06882 -3- 16. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the County or the Department on request. 17. The effective date of this agreement is the date of the last signature below. 18. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of Paulding County, Ohio with title II of the ADA and the Department's implementing title II regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. S 12133, to bring a civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation. Illegible from filing civil suit in this matter. 19. The Department of Justice 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 a civil action seeking specific performance of the provisions of this agreement in an appropriate Federal court. 20. The Department of Justice's failure to enforce this entire agreement or any provision of thereof with respect to any deadline of any other provision herein shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this agreement. 21. In the event that the Board of Commissioners of Paulding County, Ohio, fails to comply in a timely manner with any requirement of this agreement without obtaining sufficient advance written agreement with the Department of Justice as a temporary modification of the relevant terms of this agreement, all terms of this agreement shall become enforceable in an appropriate Federal court. 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 Americans 01-06883 -4- with Disabilities Act or any other federal law. This agreement does not affect the County's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. For the County: For the United States: (Signature) (Signature) James P. Turner, Acting Date February 25, 1993 Assistant Attorney General Stewart B. Oneglia (Signature) Louis M. Stewart ___________________________ Attorneys (Signature) Coordination & Review Section ____________________________ Civil Rights Division PAULDING COUNTY COMMISSIONERS U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date MAR 17 1993 01-06884 PAULDING COUNTY COURTROOM FACILITIES POLICY IT SHALL BE THE POLICY OF PAULDING COUNTY, OHIO TO PROVIDE IN THOSE SITUATIONS WHERE AN INDIVIDUAL WITH A MOBILITY IMPAIRMENT MAY BE REQUIRED OR CHOOSES TO ATTEND LEGAL OR OTHER PROCEEDINGS WHICH ARE HELD IN THE COURTROOM FACILITIES IN THE PAULDING COUNTY COURT HOUSE, THE COURTS SHALL, ON REASONABLE NOTICE FROM THE INDIVIDUAL DESIRING ACCESS, RELOCATE THE PROCEEDINGS TO A LOCATION THAT IS ACCESSIBLE TO AND USABLE BY THE INDIVIDUAL WITH THE MOBILITY IMPAIRMENT. BY ORDER OF THE PAULDING COUNTY COMMISSIONERS THIS 25TH DAY OF FEBRUARY 1993. (Signature) ELAINE HARP (Signature) MAURICE WANNEMACHER (Signature) KARL A. LANGHAM WE HAVE REVIEWED AND AGREE TO THE ABOVE WRITTEN COUNTY POLICY. (Signature) (Signature) J. DAVID WEBB, JUDGE RUSSELL J. MASTER, JUDGE PAULDING COUNTY COMMON PLEAS COURT PAULDING COUNTY COMMON PLEAS COURT (GENERAL DIVISION) (PROBATE/JUVENILE DIVISION COURT ROOM No. 1 COURT ROOM No. 2 01-06885 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 XXXXXXXXXXXXXX XXXXXXXXXXXXXXX NOV 16 1993 Norwood, Ohio 45212 RE: Complaint Number X Formerly X Dear Mr. X 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 Norwood 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 Norwood, Ohio. The Settlement Agreement states that the City will make the programs and services provided in the City Hall accessible to persons with mobility impairments, and they will submit the architectural plans to us if structural changes are needed. Based upon the assurances in this voluntary Settlement Agreement, we have determined that the City is in compliance with title II 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, 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. 01-06886 -2- You should be aware that no one may intimidate, threaten, or 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, it may be necessary to release this document and records related to these complaints in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter, please feel free to call Richard Waters at (202) 307-2211. Sincerely, Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division Enclosure 01-06887 Department of Justice FOR IMMEDIATE RELEASE CR WEDNESDAY, MARCH 17, 1993 (202) 514-2007 TDD (202) 514-1888 JUSTICE DEPARTMENT SETTLES ADA COMPLAINT FILED AGAINST OHIO COUNTY WASHINGTON, D.C. -- The Department of Justice announced today it has resolved administratively a complaint alleging that the Paulding County, Ohio, courthouse did not provide physical access to courtroom facilities to individuals with disabilities, particularly those with mobility impairments--a violation of Title II of the Americans with Disabilities Act. Title II prohibits discrimination on the basis of disability in the programs, services or activities of a state or local government. The agreement was executed under the ADA's alternative dispute resolution process, which encourages settlement through informal negotiations. According to the settlement, the Paulding County Board of Commissioners will relocate courtroom activities to accessible sites upon reasonable notification by an individual with a mobility impairment or other disability that would prevent that person from gaining access to the courtrooms. In addition, the county agreed to publicize the new policy through the dissemination of public notices in local newspapers. (MORE) 01-06888 -2- James P. Turner, Acting Assistant Attorney General for Civil Rights, said, "We encourage state and local governments to voluntarily correct inaccessible programs and activities located in physically inaccessible facilities. Our enforcement policy is based on education and negotiation with state and local governments to bring about compliance with the accessibility requirements of the ADA. The use of the alternative dispute resolution process is an efficient and cost effective way to comply with the ADA." The agreement also permits the Department to petition U.S. district court to seek specific performance of its terms if the Department determines the county is not in compliance. ##### 93- 01-06889