Settlement Agreement Between The United States Of America And Mayfield Village, Ohio

I.      SCOPE OF THE INVESTIGATION

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 (Department) against Mayfield Village, Ohio (Village). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that the Village fails to provide program access in compliance with the provisions of the ADA because the programs and activities at Mayfield Village Hall are inaccessible to individuals with mobility impairments.
2. The Department reviewed the accessibility of the programs, services, and activities conducted in the Mayfield Village Hall. The Village has made alterations to its Community Building in order to provide an accessible location for programs, services, and activities. The Village has also adopted policies and procedures for making programs, services, and activities accessible to people with disabilities by offering them at the Community Building. However, the Department found areas of inaccessibility in the Community Building.
3. The parties to this Agreement are the United States of America (United States) and Mayfield, Ohio. Pursuant to 28 C.F.R., ｧ 35.172 and in order to avoid the burdens and expenses of further investigations and possible litigation, the parties hereby agree as follows:

II.       JURISDICTION

4. The ADA applies to the Village because it is a "public entity" as defined by title II. 42 U.S.C. ｧ 12131(1), 28 C.F.R. ｧ 35.104.
5. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the Village with title II of the ADA and the Department's regOLation implementing title II, to issue findings, and, where appropriate, to 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 shoOLd the Department fail to secure voluntary compliance pursuant to Subpart F.

III.       REMEDIAL ACTION

6. 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 with regard to the Mayfield Village Hall except as provided in paragraph 14, below.
7. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are to be used as a guide for all measurements when making the required changes. The Standards appear at 28 C.F.R. Part 36, Appendix A.

In order to ensure that each of the Village's programs, services, and activities operating at the Community Building, when viewed in their entirety, are readily accessible to and usable by persons with mobility impairments, the Village will take the following actions within 90 days of the effective date of this Agreement.

8. Community Building - Accessible Parking
1. Provide accessible parking spaces closest to and on the shortest accessible route to the designated accessible entrance. Standards ｧｧ 4.1.2(5), 4.6.2.
2. Provide a sign with the international symbol of accessibility at each designated accessible parking space. Standards ｧｧ 4.1.2(5), 4.6.4.
3. Designate at least one space as a van accessible space that has an access aisle at least 96 inches wide and displays signage indicating that it is van accessible. Standards ｧｧ 4.1.2(5), 4.6.4.
9. Community Building - Entrances
1. Provide directional signage at any inaccessible main entrance to indicate the location of the nearest accessible entrance. Standards ｧ 4.1.3(8)(d).
2. Identify the designated accessible entrance by the international symbol of accessibility. Standards ｧｧ 4.1.2(7)(c), 4.30.7.
3. Provide a level area for maneuvering clearance at the designated accessible entrance that is in compliance with the Standards. Standards ｧｧ 4.1.3(8), 4.1.3(7), 4.13.6, Fig. 25.
4. Provide exterior door hardware at the designated accessible entrance that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards ｧｧ 4.1.3(7), 4.13.9.
10. Community Building - Men's and Women's Toilet Rooms
1. Provide signs in raised letters and Braille that are located on the latch side of the doors of the men's and women's toilet rooms at 60 inches above the floor to the centerline of the signs. Standards ｧｧ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
2. Provide a designated accessible toilet stall in each toilet room that is a minimum of 60 inches wide. Standards ｧｧ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30.
3. Provide a latch in the designated accessible stall in the men's and women's toilet rooms that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards ｧｧ 4.1.3(11), 4.22.4, 4.17.5, 4.13.9.
4. Provide a urinal in the men's toilet room with a rim no more than 17 inches above the finish floor. Standards ｧｧ 4.1.3(11), 4.22.5, 4.18.2.
5. Provide a lavatory in each toilet room with a rim, apron, knee and toe clearances at heights in compliance with the Standards. Standards ｧｧ 4.1.3(11), 4.22.6, 4.19.2.
6. InsOLate the hot water and drain pipes under the accessible lavatory in each toilet room. Standards ｧｧ 4.1.3(11), 4.22.6, 4.19.4.
7. Provide faucets on the accessible lavatory in each toilet room that do not require tight grasping, pinching, or twisting of the wrist to operate. Standards ｧｧ 4.1.3(11), 4.22.6, 4.19.5.
8. Provide a mirror in each toilet room with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards ｧｧ 4.1.3(11), 4.22.6, 4.19.6.
11. If an emergency warning system is provided, ensure that both audible and visual alarms are provided. Standards ｧ 4.1.3(14).

V.       IMPLEMENTATION AND ENFORCEMENT

12. The Village will submit written reports to the Department summarizing the actions the Village has taken pursuant to this Agreement at 90 days and 180 days after the effective date of 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.
13. If at any time the Village 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.
14. 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 Village 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 Village, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.
15. 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.
16. 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 Village or the Department on request.
17. The effective date of this Agreement is the date of the last signature below.
18. 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 Village's continuing responsibility to comply with all aspects of the ADA.
19. This Agreement will remain in effect for two years from the effective date of this Agreement, or until the parties agree that fOLl compliance with this Agreement by the Village has been achieved.
20. The person signing for the Village represents that he or she is authorized to bind the Village to this Agreement.

For the Village:

BY:____________________________________
   BRUCE G. RINKER, Mayor
   Mayfield Village

BY:____________________________________      Date:_12/02/02_
   WILLIAM BUCKHOLTZ, President of Council
   Mayfield Village

For the United States:

Ralph F. Boyd, Jr.
Assistant Attorney General
Civil Rights Division

BY:____________________________________      Date:_12/11/02_
   JOHN L. WODATCH, Chief
   SUSAN B. REILLY, Deputy Chief
   ELIZABETH BACON, Supervisory Attorney
   SUSAN G. QUINN, Investigator
   Disability Rights Section
   Civil Rights Division
   U.S. Department of Justice
   P.O. Box 66738
   Washington, D.C. 20035-6738
   (202) 307-0663