Settlement Agreement Under The Americans With Disabilities Act Of 1990 Between The United States Of America And Clark County, Nevada- Department Of Real Property Management

DJ # 204-46-25

BACKGROUND

1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, with the United States Department of Justice (Department of Justice) against the Clark County, Department of Real Property Management (DRPM), owner and operator of the Clark County Fair & Rodeo. In Department of Justice complaint # 204-46-25, the complainant, who has a mobility impairment, alleged that the Clark County Fair & Rodeo located at 1301 West Whipple Avenue, Logandale, Nevada, had numerous architectural barriers for individuals with mobility impairments including inaccessible rest rooms and access routes.

2. The parties to this Settlement Agreement ("Agreement") are the United States of America and DRPM.

3. 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 DRPM's compliance with title II 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. § 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, except to enforce this Agreement.

4. The ADA applies to DRPM because it is a public entity as defined in title II of the ADA. 42 U.S.C. § 12131 and 28 C.F.R. § 35.104.

5. The subject of this Agreement is the alteration of facilities existing before the effective date of the ADA so that these facilities are readily accessible to and usable by individuals with disabilities.

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 in this matter regarding areas covered in paragraphs 7-14, except as provided in the Implementation and Enforcement section below.

Architectural Barriers: Within six months of the effective date of this Agreement, DRPM agrees to provide the following:

7. The side ramp leading up to the Glen Hardy Livestock Building is inaccessible because there are no handrails located on either side of the ramp. Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.5, 4.26.

8. The paper towel dispenser in the men’s toilet room is inaccessible because it is mounted at 60 inches above the finished floor. Provide a paper towel dispenser which is at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

9. The paper towel dispenser in the men’s toilet room is inaccessible because it requires pinching for operation. Provide a paper towel dispenser with controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

10. The toilet seat cover dispenser in the women’s toilet room is inaccessible because it is mounted at 57 inches above the finished floor. Provide a toilet seat cover dispenser which is at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

11. The paper towel dispenser in the women’s toilet room is inaccessible because it is mounted at 60 inches above the finished floor. Provide a paper towel dispenser which is at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

12. The paper towel dispenser in the women’s toilet room is inaccessible because it requires pinching for operation. Provide a paper towel dispenser with controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

13. The signage located on the side ramp leading up to the Glen Hardy Livestock Building is not visible when approaching this building. Provide a sign designating the ramp as an accessible route for individuals with mobility impairments that is positioned perpendicular to this path of travel. Standards §§ 4.30.1.

PROGRESS REPORT

14. Within six months of the effective date of this Agreement, the DRPM will submit a report to the Department of Justice. The report will include detailed photographs of the architectural modifications required by this Agreement and will clearly show the dimensions of the various elements and spaces so that compliance with the ADA Standards may be determined.

IMPLEMENTATION AND ENFORCEMENT

15. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any portion of it has been violated, it may elect to institute a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court and may seek other appropriate remedies allowable under the ADA.

16. Failure by the Department of Justice to enforce this entire Agreement or any provision therein with regard to any deadline or any other provision shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

17. The person signing this document for DRPM represents that he or she is authorized to bind DRPM to this Agreement.

18. Copies of the Agreement shall be provided to members of the public upon request.

19. The effective date of this Agreement is the date of the last signature below.

20. The Agreement shall terminate two (2) years from its effective date, or when the parties agree that full compliance with this Agreement by the DRPM has been achieved, whichever is earlier.

21. 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. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect DRPM’s continuing responsibility to comply with all aspects of title II of the ADA.


FOR THE CLARK COUNTY
DEPARTMENT OF REAL PROPERTY MANAGEMENT

SANDRA M. NORSKOG
Director
Clark County Department of
Real Property Management

Date_______________________________

FOR THE UNITED STATES:

R. ALEXANDER ACOSTA,
Assistant Attorney General

By:
JOHN L. WODATCH, Chief
JEANINE M. WORDEN, Deputy Chief
WILLIAM J. PHELAN IV, Investigative Assistant

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530

Date_______________________________

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Updated August 6, 2015

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