Settlement Agreement Between The United States Of America And Citrus County, Florida

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-17M-165

Background

1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ｧｧ 12131 - 12134, with the United States Department of Justice, Civil Rights Division, Disability Rights Section (Department), against the County of Citrus, Florida (County). The complaint alleges that the Citrus County Courthouse is inaccessible to persons with mobility impairments.
2. 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 the County 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. ｧ 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, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.
3. The parties to this Agreement are the United States of America and the County. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:

Facts

4. The County owns and operates the Citrus County Courthouse, located in Inverness, Florida.
5. The public toilet rooms and signage in the Courthouse are not readily accessible to and usable by persons with disabilities.

Jurisdiction

6. The ADA applies to the County because it is a public entity as defined in 42 U.S.C. ｧ 12131.
7. 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. 28 C.F.R. ｧ 35.130.
8. Under the ADA, the services, programs, and activities provided in the Citrus County Courthouse, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 28 C.F.R. ｧ 35.150.

Remedial Action

9. The County will complete the following alterations to the Courthouse within three months of the effective date of this Agreement. The alterations shall comply with the requirements of the ADA Standards for Accessible Design (Standards), 28 C.F.R. Part 36, Appendix A:
   1. All public toilet rooms in the Courthouse will be altered in the following ways:
      1. signage will be altered to include the International Symbol of Accessibility and raised letters and to be mounted on the wall adjacent to the latch side of the door (or, where unavailable, on the nearest adjacent wall); signage will be added outside all inaccessible toilet rooms indicating where accessible toilet rooms are located;
      2. visual alarms will be installed in each toilet room;
      3. at least one lavatory in each toilet room will meet the requirements of the Standards for faucet controls, the pipes under the lavatories will be insulated, and the soap dispenser will be moved or altered to meet the requirements of the Standards for reach ranges;
      4. at least one mirror in each toilet room will be moved or altered so as to meet the requirements of the Standards for height; and
      5. where feminine products dispensers are provided, at least one such dispenser will be moved or altered to meet the requirements of the Standards for reach ranges.
   2. At least one men's toilet room and one women's toilet room (or a single unisex toilet room), chosen on the basis of greatest convenience of access from the most used public areas, will, in addition to the alterations listed above, be altered in the following ways:
      1. at least one toilet stall in each toilet room will be altered so as to meet the requirements of the Standards for width, doorway clear opening width, clear floor space, grab bars, toilet paper dispensers, flush controls, and toilet seat height;
      2. where urinals are provided, at least one urinal will provide a flush control that meets the requirements of the Standards for reach ranges; and
      3. a sign displaying the international symbol of accessibility will be added outside each room to identify it as one of the accessible toilet rooms.
   3. Signs that designate permanent rooms and spaces shall be altered so as to provide information in raised and Brailled characters as required by the Standards.

Implementation and Enforcement of the Agreement

10. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in Federal district court to enforce this Agreement or the requirements of title II, following written notice to the County of the possible violation and a period of ten (10) days in which the County has the opportunity to cure the alleged violation.
11. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or 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.
12. This agreement is a public document. 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.
13. The effective date of this Agreement is the date of the last signature below.
14. 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 County's continuing responsibility to comply with all aspects of the ADA.
15. The signer of this document for the County represents that he or she is authorized to bind the County to this Agreement.

    For the County:

    
    

    ___________________________        Date:__________

    For the United States:

    
    Isabelle Katz Pinzler
    Acting Assistant Attorney General
    for Civil Rights

    ___________________________        Date:__________
    John L. Wodatch
    Allison Nichol
    Naomi Milton
    Disability Rights Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, D.C. 20035-6738
    (202) 514-9807

    >