Settlement Agreement Between The United States Of America And The City Of Hot Springs, Arkansas

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-10-30

BACKGROUND

A.      SCOPE OF THE INVESTIGATION

       The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Hot Springs, Arkansas, ("City") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァァ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of ァ 504 of the Rehabilitation Act of 1973, 29 U.S.C. ァ 794, and the Department's implementing regulation, 28 C.F.R Part 42, Subpart G.

       The review was conducted by the Disability Rights Section of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements:

  • to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. ァ 35.105;
  • to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulations, 28 C.F.R. ァ 35.106;
  • to designate a responsible employee to coordinate its efforts to comply and carry out the City's ADA responsibilities, 28 C.F.R. ァ 35.107(a);
  • to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. ァ 35.107(b);
  • to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. ァ 35.150, by:
    • delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
    • physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. ァ 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
  • to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. ァ 35.151;
  • to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. ァ 35.160;
  • where the City communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. ァ 35.161;
  • to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY's and computer modems, 28 C.F.R. ァ 35.162;
  • to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. ァ 35.163(a);
  • to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. ァ 35.163(b).

        The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: Municipal Building, Utilities Building, Transportation Depot, Garland Youth Center, Kimery Park, Family Park, Chatanooga Park, and Wade Street Park. Construction or alterations commenced after January 26, 1992, on the following facilities and thus must comply with the ADA's new construction or alterations requirements: Police Department, Fire Department, Animal Control, and Civic and Convention Center. The Department also reviewed the accessibility of all City polling locations.

B. 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(1).
  2. The Department is authorized to conduct this compliance review under 42 U.S.C. ァ 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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 fail to secure voluntary compliance.
  3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with ァ 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. ァ 794 and 28 C.F.R. ァァ 42.530, 42.108-110, to suspend or terminate financial assistance to the City should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

ACTIONS TAKEN BY CITY OF HOT SPRINGS

  1. The City conducted a self-evaluation of its services, policies, and practices in 1992, with follow-up reviews in 1996 and 1999. The City developed a transition plan that outlined projected dates for the elimination of the structural barriers that were identified in the City's self-evaluation. The City appointed an ADA Coordinator, developed grievance procedures for resolving title II complaints and developed an ADA Discrimination Form. The City consulted and worked closely with a disability advocacy group in the development of its self-evaluation, transition plan, and grievance procedures. The City developed a "Public Notice on the ADA," in 1992, which states that the City will not discriminate against individuals on the basis of disability in employment or in the delivery of its programs, services, and activities. The public notice is displayed in each of the City's facilities, identifies the name, address and telephone number of the ADA Coordinator, and provides guidance to citizens on how to file a complaint under the ADA.

    City employees attended an ADA Sensitivity Training program in February, 1999, a Disability Awareness Training program on April 9 and 10, 1998, and other ADA training programs in 1996, 1993 and 1992. The City's employment practices were reviewed in 1992, and a follow-up review was conducted in 1996. The City published a brochure entitled "Effective Interviewing Skills" in March 1997 that includes a section on the ADA, and identifies the type of questions that an employer may not inquire of applicants with disabilities.

    The City has 18 polling places that are established and controlled by the Garland County Election Commission. The Arkansas Rehabilitation Service and the Spa Area Independent Living Service surveyed the City's polling places to ensure that individuals with disabilities are able to vote.

    The City's telephone number to communicate with individuals who use a TTY is listed in the "City Services Guide" and on the City's 24-hour government access channel, HSTV-15. The City has a Public Safety Answering Point (PSAP) and individuals who use TTY's have direct access to the 9-1-1 emergency services. The City's PSAP is a sophisticated system that automatically receives and responds to TTY calls on a computer console.

    The parties to this Agreement are the United States of America and the City of Hot Springs, Arkansas. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

  1. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter except as provided in カ 24, below.
  2. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. ァァ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.
  3. Municipal Building. The City shall correct the following within 180 days of the effective date of this Agreement to ensure that the programs offered at the Hot Springs Municipal Building are readily accessible to and usable by individuals with disabilities:
    1. Double-leaf Doors. Each of the leaves of the double-leaf doors at the Clerk's service area and at the probation office are 27 inches wide. The doorways do not have one door leaf with a minimum clear opening of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards ァァ 4.13.4, 4.13.5.
    2. Women's Restroom
      1. The lock on the women's restroom door requires tight grasping, tight pinching, or twisting of the wrist to operate. Standards ァ 4.13.9.
      2. The centerline of the toilet is 21 ス inches from the side wall instead of the required 18 inches. Standards ァ 4.17.3, Fig. 30.
    3. Men's Restroom
      1. The lock on the men's restroom door is 52 inches from the floor. The maximum height allowed is 48 inches. Standards ァ 4.13.9.
      2. The height of the urinal is 26 ス inches from the elongated rim to the finish floor. The maximum height allowed is 17 inches. Standards ァァ 4.18.2, 4.22.5.
    4. Engineering Office
      1. The threshold at the exterior doorway to the Engineering Office exceeds the maximum ス inch height allowed and is not beveled to a slope no greater than 1:2. Standards ァァ 4.13.8, 4.5.2.
      2. The door hardware at the exterior entrance to the Engineering Office requires tight grasping, pinching, or twisting of the wrist to operate. Standards ァ 4.13.9.
    5. Parking Lot
      1. The upper level parking lot of the Hot Springs Municipal Building has an accessible parking space. However, there is no signage to inform the public that accessible parking is available. The signs indicate that there is "Designated Parking Only." Standards ァ 4.6.4.
      2. There are at least 32 parking spaces in the upper level parking lot and one accessible parking space. There should be a minimum of two accessible parking spaces for a total of 26 to 50 parking spaces. Standards ァ 4.1.2(5)(a).
  4. Police Department. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the Hot Springs Police Department, which was constructed in 1996, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards:
    1. Meeting Rooms. There are two public meeting rooms for which no assistive listening devices are provided. Assistive listening devices should be provided in a number equal to at least 4 percent of the total number of seats in the meeting rooms. Standardsァ 4.1.3(19)(b).
    2. Parking. The accessible parking sign is not located so that it cannot be obscured by a vehicle parked in the space. Standards, ァ 4.1.2(5), 4.6.4.
    3. Counters
      1. The top of the service counter at the front desk is 41 ス inches above the finish floor. Counters should have either a portion a minimum of 36 inches in length that is a maximum of 36 inches high, or an auxiliary counter with a maximum height of 36 inches, or equivalent facilitation shall be provided. Standards ァ 7.2(2).
      2. The top of the service counter for the Records and Fines Forfeiture is 43 inches above the finish floor. Counters should have either a portion a minimum of 36 inches in length that is a maximum of 36 inches high, or an auxiliary counter with a maximum height of 36 inches, or equivalent facilitation shall be provided. Standards ァ 7.2(2).
    4. Women's Restroom on the First Floor. The lock on the restroom door requires tight grasping, pinching, or twisting of the wrist to operate. Standards ァァ 4.1.3(7), 4.13.9.
    5. Men's Restroom on the First Floor. The lock on the restroom door requires tight grasping, pinching, or twisting of the wrist to operate. Standard ァァ 4.1.3(7), 4.13.9.
    6. Men's Restroom on the Second Floor. The lock on the restroom door requires tight grasping, pinching, or twisting of the wrist to operate. Standards ァァ 4.1.3(7), 4.13.9.
    7. Women's Restroom on the Second Floor. The lock on the restroom door requires tight grasping, pinching, or twisting of the wrist to operate. Standards ァァ 4.1.3(7), 4.13.9.
  5. Municipal Utilities Building. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the programs offered at the Municipal Utilities Building are readily accessible to and usable by individuals with disabilities:
    1. Parking. The curb ramp extends into the accessible parking space's access aisle, which is required to be level, with surface slopes not exceeding 1:50 in any direction. Furthermore, the slope of the curb ramp exceeds the maximum required slope of 1:12 at some points. Standards ァァ 4.6.3, 4.7.2, 4.8.2.
    2. Women's Restroom
      1. The vanity in the women's restroom does not provide a clearance under the lavatory of at least 29 inches above the finish floor to the bottom of the apron and knee clearance at least 27 inches high. Standards ァ 4.19.2, Fig. 31.
      2. The length of the rear grab bar is 30 ï½½ inches instead of the minimum 36 inches required. Standards ァ 4.17.6, Fig. 30(a).
    3. Men's Restroom
      1. The centerline of the toilet is 21 inches from the side wall instead of the required 18 inches. For the purposes of this Agreement, the City will ensure that the centerline of the toilet is within 19 inches of the side wall. Standards ァ 4.16.2, Fig. 28.
      2. The mirror is mounted 48 inches from the floor to the bottom edge of the reflecting surface. There is not a mirror provided which is 40 inches maximum to the bottom edge of the reflecting surface. Standards ァ 4.19.6, Fig. 31.
  6. Transportation Depot. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the programs offered at the Transportation Depot are readily accessible to and usable by individuals with disabilities:
    1. Parking. The accessible parking space at the rear of the Transportation Depot (Broadway Terrace entrance) has no signage. Standards ァァ 4.1.2(7)(a), 4.6.4, 4.30.7.
  7. Transportation Depot. Within 360 days of the effective date of this Agreement, the City shall correct the following to ensure that the programs offered at the Transportation Depot are readily accessible to and usable by individuals with disabilities:
    1. Ramp. Handrails do not have extensions 12 inches beyond the bottom and top of the ramp run. Standards ァ 4.8.5.
    2. Men's Restroom
      1. The accessible urinal in the men's restroom is 19 inches from the floor to the elongated rim, which exceeds the maximum height of 17 inches. Standards ァ 4.18.2.
      2. The route into the stall is 29 inches wide instead of at least 48 inches as required when a hinge side approach to the stall door is provided. Standards ァ 4.17.5, Fig. 30.
      3. The twist lock on the restroom stall door requires tight grasping, pinching, or twisting of the wrist to operate. Standards ァ 4.13.9.
      4. The coat hook in the stall is 67 inches high instead of the maximum height allowed of 54 inches. Standards ァ 4.25.3.
      5. The entry door to the restroom requires more than 5 lbs. of force to open. Standard ァ 4.13.11.
    3. Women's Restroom
      1. The centerline of the toilet is 16 1/4 inches from the side wall instead of the required 18 inches. Standards ァァ 4.17.3, Fig. 30.
      2. The stall door has a twist lock that requires tight grasping, pinching, or twisting of the wrist to operate. Standards ァ 4.13.9
      3. The coat hook in the accessible stall is 65 inches above the finish floor instead of the maximum height allowed of 54 inches. Standards ァ 4.25.3.
  8. Fire Department Building. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the Fire Department Building, which was constructed in 1996, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards:
    1. Women's Restroom
      1. There is not signage in Braille and raised letters mounted at the latch side of the door. Standards ァァ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6
      2. The clear floor space in the accessible stall is 54 ス inches wide instead of the required 60 inches minimum. Standards ァァ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(a).
      3. The coat hook on the accessible stall door is 64 inches high instead of the maximum allowed 54 inches. Standards ァァ 4.1.36(12), 4.25.3.
      4. The toilet flush valve control is on the wall side of the toilet. Standards ァァ 4.1.3(11), 4.22.4, 4.16.5.
    2. Men's Restroom
      1. There is not signage in Braille and raised letters mounted at the latch side of the door. Standards ァァ 4.1.3(16)(a), 4.30.1, 4.30.4, 40.30.5, 4.30.6.
      2. The accessible urinal is 18 ス inches high to the rim instead of the maximum 17 inches allowed. Standards ァァ 4.1.3(11), 4.22.5, 4.18.2.
      3. The clear floor space in the accessible stall is 55 inches wide instead of the required 60 inches minimum. Standards ァァ 4.1.3.(11), 4.22.4, 4.17.3, and Fig. 30(a).
      4. The centerline of the toilet is 16 ス inches from the side wall instead of the required 18 inches. Standards ァァ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.
      5. The coat hook on the accessible stall door is 66 3/4 inches high instead of the maximum height allowed of 54 inches. Standards ァァ 4.1.3(12), 4.25.3.
    3. Toilet Room off of Truck Bay. The toilet room is not accessible. All public and common use toilet rooms in newly constructed facilities are required to be accessible. The City will renovate the toilet room to bring it into compliance with the Standards or will remove the toilet room. Standards ァァ 4.1.3(11), 4.22.
    4. Parking. The sidewalk is ramped to the lower level entrance door and there are two parking spaces, but an accessible parking space is not provided. Standard ァァ 4.1.2(5)(a), 4.6.
  9. Garland Youth Center. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the programs offered at the Garland Youth Center are readily accessible to and usable by individuals with disabilities:
    1. Women's Restroom. The paper towel dispenser is mounted 62 inches above the finish floor instead of the maximum height of 48 inches to the control when only a forward reach is provided. Standards ァァ 4.27.3, 4.2.5.
    2. Men's Restroom
      1. The paper towel dispenser is mounted 63 inches above the floor instead of the maximum height allowed of 54 inches to the control when a side reach is provided. Standards ァァ 4.27.3, 4.2.6.
      2. The hot water drainage pipe is not insulated or otherwise configured to protect against contact. Standards ァ 4.19.4.
  10. New Animal Control. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the New Animal Control facility, which was newly constructed in 1994 or 1995, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulations and the Standards.
    1. Entrance. The door threshold at the front entrance is 1 ス inches high, exceeding the ス inch height allowed, and is not beveled to a slope no greater than 1:12. Standard ァ 4.13.8.
    2. Parking. The curb ramp extends into the accessible parking space's access aisle, which is required to be level, with surface slopes not exceeding 1:50 in any direction. Standards ァ 4.6.3.
    3. Women's Restroom
      1. The centerline of the toilet is 23 inches from the side wall instead of the required 18 inches. Standards ァ 4.17.3, Fig. 30.
      2. The side grab bar extends 49 inches from the rear wall to end of the grab bar instead of 52 inches. Standards ァ 4.17.6, Fig. 30.
      3. The hot water drainage pipe under the lavatory is not insulated or otherwise configured to protect against contact. Standards ァ 4.19.4.
      4. The accessible restroom sign is mounted on the door rather than on the wall adjacent to the latch side of the door. Standards ァ 4.30.6.
    4. Men's Restroom
      1. The urinal is 24 inches from the floor to the elongated rim, which exceeds the maximum height of 17 inches. Standards ァァ 4.18.2, 4.22.5
      2. The centerline of the toilet is 23 inches from the side wall instead of the required 18 inches. Standards ァ 4.17.3, Figure 30.
      3. The side grab bar extends 49 inches from the rear wall to the end of the grab bar instead of 52 inches. Standards ァ 4.17.6, Fig. 30.
      4. The hot water and drainage pipe under the lavatory is not insulated or otherwise configured to protect against contact. Standards ァ 4.19.4.
      5. The accessible restroom sign is mounted on the restroom door rather than on the wall adjacent to the latch side of the door. Standards ァ 4.30.6
  11. Kimery Park. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the programs offered at Kimery Park are readily accessible to and usable by individuals with disabilities:
    1. Women's Restroom. The women's restroom has three toilet stalls, none of which are accessible to individuals who use wheelchairs The City will renovate the existing restroom or will construct new restrooms so as to provide a fully accessible women's toilet stall complying with the Standards. Standards ァァ 4.1.3(11), 4.1.6(3)(e)(i), 4.17, 4.22.
  12. Family Park. By December 31, 2000, the City shall correct the following to ensure that the programs offered at Family Park are readily accessible to and usable by individuals with disabilities:
    1. Parking. There are 2 accessible parking spaces but only one has the appropriate signage that designates the space for disabled individuals. Standards ァァ 4.1.2(7)(a), 4.30.7
    2. Men's Restroom
      1. The men's restroom does not contain toilet facilities that are accessible to individuals who use wheelchairs. Standards ァァ 4.1.3(11), 4.1.6(3)(e)(i), 4.17, 4.22.
      2. The height of the urinal is 20 inches from the elongated rim to the finish floor, which exceeds the maximum allowable height of 17 inches. Standards ァァ 4.18.2, 4.22.5
    3. Women's Restroom. The women's restroom has 2 toilet stalls that are not useable by individuals who use wheelchairs. Standards ァァ 4.1.3(11), 4.1.6(3)(e)(i), 4.17, 4.22.
  13. Chatanooga Park. By December 31, 2000, the City shall correct the following to ensure that the programs offered at Chatanooga Park are readily accessible to and usable by individuals with disabilities:
    1. Women's Restroom. The width of the toilet stall is 35 inches and it is not accessible to individuals who use wheelchairs. Standards ァ 4.1.3(11), 4.1.6(3)(e)(i), 4.17, 4.22.
    2. Men's Restroom. The threshold to the men's restroom is 2 inches high, exceeding the ス inch allowed, and is not beveled to a slope no greater than 1:2. Standards ァ 4.13.8
  14. Wade Street Park. By December 31, 2000, the City shall correct the following to ensure that the programs offered at the Wade Street Park are readily accessible to and usable by individuals with disabilities:
    1. Women's Restroom
      1. The clear floor space in the accessible stall is not 60 inches wide minimum. Standards ァ 4.17.3, Fig. 30(a).
      2. There is no rear grab bar provided. Standards ァ 4.17.6, Fig. 30.
  15. Hot Springs Civic and Convention Center. Within 180 days of the effective date of this Agreement, the City shall correct the following to ensure that the Hot Springs Civic and Convention Center, which was constructed in 1998, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.
    1. Concession Stands in Exhibit Hall D and A. The counters for the two concession stands are 42 ス inches above the finish floor. Counters should have a portion a minimum of 36 inches in length that is a maximum of 36 inches high. Standards ァ 7.2.
    2. Upper Hall
      1. Service Counter. The service counter is 44 inches above the finish floor. Counters should have either a portion a minimum of 36 inches in length that is maximum of 36 inches high or an auxiliary counter with a maximum height of 36 inches, or equivalent facilitation should be provided. Standards ァ 7.2(2).
      2. Dressing Rooms. The toilet rooms in the upper level dressing rooms do not have grab bars. Standards ァァ 4.1.3(11), 4.16.4, 4.26, Fig. 29.
    3. Lower Level - Horner Hall
      1. Men's Restroom
        1. The mirror is mounted 51 ï½½ inches from the finish floor to the bottom edge of the reflecting surface. There is not a mirror provided that is 40 inches maximum to the bottom edge of the reflecting surface. Standards ァァ 4.1.3(11), 4.19.6, Fig. 31.
        2. The side grab bar is mounted 14 ス inches from the back wall, which exceeds the maximum of 12 inches allowed. The rear grab bar is mounted 10 ス inches from the side wall, which exceeds the maximum of six inches allowed. Standards ァァ 4.1.3(11), 4.17.6, Fig. 30.
        3. The paper towel control is 57 ス inches above the finish floor, which exceeds the maximum allowed height of 54 inches for a side reach. Standards ァァ 4.27.3, 4.2.6.
      2. Women's Restroom
        1. The women's restroom has 13 toilet stalls. If there are six or more toilet stalls, another accessible stall is required that is 36 inches wide with an outward swinging door and parallel grab bars. Standards ァァ 4.1.3(11), 4.22.4, Fig. 30(d).
        2. The centerline of the accessible toilet is 14 inches from the partition instead of the required 18 inches. Standards ァァ 4.1.3(11), 4.17.3, Fig. 30.
        3. The paper towel dispenser control is 56 inches above the finish floor and exceeds the maximum height allowed of 54 inches for a side reach. Standards ァァ 4.1.3(11), 4.27.3, 4.2.6.
      3. Telephones. Horner Hall has a bank of six public telephones, but a text telephone is not provided. If four or more public phones are provided, then at least one public text telephone with signage must be provided. Standards ァァ 4.1.3(17), 4.30.7(3), 4.31.9.
    4. Ticket Offices
      1. The only accessible ticket counters are on the lower level and are the longest distance away from the accessible parking. Standards ァ 7.2.
      2. The Upper Hall ticket counters are 43 ス inches high. There is not a 36 inch wide by 36 inch ticket counter provided. Standards ァ 7.2.
  16. Hot Springs Civic and Convention Center. Within 360 days of the effective date of this Agreement, the City shall correct the following to ensure that the Hot Springs Civic and Convention Center, which was constructed in 1998, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.
    1. Lower Level Dressing Rooms
      1. The dressing rooms are not accessible to individuals who use wheelchairs. At least 5% (or at least one) of each type of dressing room in each cluster of dressing rooms are required to be accessible and on an accessible route. Standards ァァ 4.1.3(18), 4.35.
      2. The entrances to the shower stalls are 24 inches wide, thresholds to the showers exceed the maximum ス inch height allowed, and shower seats and grab bars are not provided. Standards ァァ 4.1.3(11), 4.23.8, 4.21.
      3. The toilets do not have grab bars. Standards ァァ 4.1.3(11), 4.16.4, Fig. 29.
      4. The doors are all 28 ス inches wide, instead of at least 32 inches, as required. Standards ァァ 4.1.3(11), 4.22.2, 4.13.5.
  17. Within 210 days of the effective date of this Agreement, the City will submit a final written report to the Department summarizing the actions the City has taken pursuant to this Agreement. This report will include photographs, architectural plans, notices published in the newspapers, and copies of adopted policies.

IMPLEMENTATION AND ENFORCEMENT

  1. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
  2. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.
  3. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.
  4. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
  5. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.
  6. 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.
  7. The effective date of this Agreement is the date of the last signature below.
  8. 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 City's continuing responsibility to comply with all aspects of the ADA.
  9. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.
  10. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.

    FOR THE UNITED STATES:


    BILL LANN LEE,
    Acting Assistant Attorney General
    for Civil Rights

    ________________________________       Date:__________
    JOHN WODATCH, Chief
    L. IRENE BOWEN, Deputy Chief
    NAOMI MILTON, Supervising Attorney
    BRENDA SHEPPARD, Investigator
    Disability Rights Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, DC 20035-6738

    FOR THE CITY OF HOT SPRINGS


    ________________________________       Date:__________

    >
Updated August 6, 2015

Was this page helpful?

Was this page helpful?
Yes No