Settlement Agreement Between The United States Of America And Town Of West Seneca, New York

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-53-56

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 of Justice) against the Town of West Seneca, New York (Town). 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 Town has not provided, at each of its public facilities, a sufficient number of parking spaces designated for persons with disabilities that have both compliant signage, and access aisles that are on an accessible route to the facility that the lot serves, in violation of section 35.149 of the title II regulation.
The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complainant in this matter to determine the compliance of The Town with title II of the ADA and the Department's implementing title II regulation, 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 should the Department 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.
The parties to this Agreement are the United States of America and the Town. 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 Town because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R. ァ 35.104.
  2. The Town owns or operates the following facilities:
    1. West Seneca Town Library,
    2. Kiwanis Youth Center, West Seneca,
    3. West Seneca Town Hall,
    4. West Seneca Town Pool,
    5. West Seneca Town Ice Rink,
    6. West Seneca Senior Citizens Center,
    7. Harlem Road Park, West Seneca, and
    8. Fireman's Park, West Seneca.
  3. 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 Town. 42 U.S.C. ァ 12132; 28 C.F.R. ァ 35.130(a).
  4. Under title II of the ADA, the services, programs, or activities provided by the Town, when viewed in their entirety, must be readily accessible to and usable by persons with disabilities. 28 C.F.R. ァ 35.150(a).
  5. Title II of the ADA does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them. 28 C.F.R. ァ 35.103(b).
  6. The subject of this Agreement is the development of a plan that will ensure that public parking serving the Town's facilities complies with requirements of title II.
  7. Within sixty (60) days of the effective date of this Agreement, the Town will designate the required number of parking spaces for persons with disabilities at each of the following facilities:
    1. Town Hall facility (total 4 required),
    2. West Seneca Town Pool facility (total 2 required),
    3. West Seneca Town Ice Rink facility (total 4 required),
    4. Senior Citizens Center facility (total 6 required), and
    5. Fireman's Park facility (total 4 required).

    Each designated space will be served by an access aisle that is part of an accessible route within close proximity to an accessible entrance of the facility that it serves. 28 C.F.R. pt 36, app. A ァ 4.6.3. Each access aisle will be marked such that it is at least 60 inches in width. 28 C.F.R. pt 36, app. A ァ 4.6.3. Each parking space will be designated as reserved by a sign showing the symbol of accessibility such that the sign will not be obscured by a vehicle parked in the space. 28 C.F.R. pt 36, app. A ァ 4.6.4.

  8. Within sixty (60) days of the effective date of this Agreement, the Town will designate one (1) of the designated parking space as "van accessible" at each of the following facilities:
    1. Fireman's Park facility,
    2. Kiwanis Youth Center facility,
    3. Town Hall facility,
    4. West Seneca Town Pool facility,
    5. West Seneca Town Ice Rink facility,
    6. Senior Citizens Center facility, and
    7. Harlem Road Park facility.

    Each van accessible parking space will be served by a marked access aisle that is at least 96 inches in width, and will be designated with a sign "Van Accessible" mounted below the symbol of accessibility. The sign will be mounted such that it is not obscured by a vehicle parked in the space. 28 C.F.R. pt 36, app. A ァ 4.6.4.

  9. Within sixty (60) days of the effective date of this Agreement, the Town will designate two (2) accessible parking spaces within close proximity to the accessible entrance of the Town Library that have the following elements:
    1. signage at each designated parking space that shows the symbol of accessibility and is not obscured by a vehicle parked in the designated space;
    2. "van accessible" signage at one (1) parking space which is mounted below the symbol of accessibility;
    3. one access aisle that is marked at least 96 inches in width and located on the passenger side of the parking space that has been designated "van accessible;" and
    4. one additional access aisle that is marked at least 60 inches in width serving the accessible parking space that is not designated "van accessible."

    28 C.F.R. pt 36, app. A ァァ 4.6.3, 4.6.4. The curb ramp leading from the parking area to the sidewalk will be designed so that it will not be obstructed by a vehicle that is parked in either of the two newly designated accessible parking spaces. 28 C.F.R. pt 36, app. A ァ 4.6.3.

  10. The Town will take steps to ensure that any curb ramp on an accessible route from the parking lot to the entrance of each of the facilities listed in paragraph 2 meets the following requirements within sixty (60) days of the effective date of this Agreement:
    1. Where the transition from the parking lot surface to the curb ramp is at least ï½¼ of an inch, but no greater than ï½½ of an inch, the transition will be beveled at a slope of 1:2 (rise:run).
    2. Where the transition from the parking lot surface to the curb ramp exceeds ï½½ of an inch, the slope of the new transition will not exceed 1:12 (rise:run). 28 C.F.R. pt 36, app. A ァァ 4.5.2, 4.7.2.
  11. Within sixty (60) days of the effective date of this Agreement, the Town will construct a ramp at the designated accessible entrance of the Town Hall building that meets the technical requirements set forth in section 4.8 of the ADA Standards for Accessible Design. 28 C.F.R. pt 36, app. A ァ 4.8.
  12. The Town will submit a report on its implementation of the matters set forth in paragraphs 7 through 11 within ninety (90) days of the effective date of this Agreement. This report will include documentation of actions that have been completed, such as photographs, receipts, and work orders.
  13. The Department 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.
  14. 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.
  15. In the event that the Town fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, all terms of this Agreement shall become enforceable in an appropriate Federal court.
  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 Town 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 Town's continuing responsibility to comply with all aspects of the ADA.

For the Town of West Seneca:

___________________________     Date______________
Town of West Seneca
1250 Union Road
West Seneca, New York 14224

For the United States:

BILL LANN LEE,
Acting Assistant Attorney General
for Civil Rights

___________________________     Date______________
JOHN WODATCH, Chief
RENEE WOHLENHAUS,
Acting Deputy Chief
NAOMI H. MILTON, Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738

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Updated August 6, 2015

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