Settlement Agreement Between The United States Of America, And City Of Beggs, Oklahoma

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-59-21


Background

  1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C.

    ァァ 12131-12134, with the United States Department of Justice against the City of Beggs (City), Oklahoma. The complaint was received by the Department of Justice under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleges that the programs and services of the Beggs City Hall are not readily accessible to and usable by people with disabilities, including but not limited to people who use wheelchairs.

  2. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in this matter to determine the City's compliance with title II of the ADA and the Justice 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. 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 as set forth below, 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 City of Beggs, Oklahoma. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:

Facts

  1. The City owns and operates the Beggs City Hall in Beggs, Oklahoma.
  2. Because of architectural barriers, the services, programs, and activities provided in the City Hall are not readily accessible to and usable by persons with disabilities.

Jurisdiction

  1. The ADA applies to the City because it is a public entity as defined by title II. 42 U.S.C. ァ 12131; 28 C.F.R. ァ 35.104.
  2. Title II of the ADA and the Department's implementing regulation, 28 C.F.R. Part 35, 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 of Beggs. 42 U.S.C. ァ 12131; 28 C.F.R. ァ 35.101.
  3. The services, programs, and activities provided by the Beggs City Hall, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 28 C.F.R. ァ 35.150.
  4. Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity will be designed and constructed in a manner that is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. 28 C.F.R. ァ 35.151(a).
  5. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manners that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. 28 C.F.R. ァ 35.151(b).

Remedial Action

  1. The subject of this Settlement Agreement is the provision of access to the services, programs, and activities provided by Beggs City Hall.
  2. The City of Beggs has agreed to design and construct a new facility to house the services, programs, and activities of Beggs City Hall, to be located on the 100th block of North Broadway in Beggs, Oklahoma. The facility will also serve as the location for a new fire station and a new Police Station. The City agrees that the new facility will fully comply with either the ADA Accessibility Guidelines for Buildings and Facilities (28 C.F.R. Part 36, Appendix A) or the Uniform Federal Accessibility Standards and will be completed no later than October 15, 1999. City Hall services will be operating fully in the new facility no later than December 31, 1999. The City agrees that, if the date for completion of construction or the date for fully relocating City Hall services are delayed for any reason, the City will duly notify the Department of the newly anticipated construction and relocation dates.
  3. The City agrees that it will continue to provide access to the programs, services, and activities of City Hall in the interim by relocating such programs and services to accessible locations. The City also agrees to continue to provide appropriate signage directing patrons to the interim locations of those services and programs.

Implementation and Enforcement

  1. The Department may review compliance with this Agreement at any time. If the Department 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 City of the possible violation and a period of ten (10) days in which the City has the opportunity to cure the alleged violation.
  2. 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.
  3. 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 City or the Department on request.
  4. The effective date of this Agreement is the date of the last signature below.
  5. 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 under its provisions.
  6. This Agreement is limited to the facts set forth herein and 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 title II of the ADA.
  7. The signer of this document for the City represents that he or she is authorized to bind the City to this Agreement.

For the City:


By:________________________   Date___________________



For the United States:

Bill Lann Lee
Assistant Attorney General for Civil Rights

By:________________________   Date___________________
      John L. Wodatch, Chief
      Renee Wohlenhaus, Deputy Chief
      Susan Reilly, Supervising Attorney
      Robin C. Deykes, Investigator
      Disability Rights Section
      Civil Rights Division
      U.S. Department of Justice
      P.O. Box 66738
      Washington, D.C. 20035-6738
      (202) 307-0663

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Updated August 6, 2015

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