DJ# 204-64-98 AND DJ# 204-64-100ALIGN="CENTER"> I. Background
- This matter was initiated by two complaints filed with the United States Department of Justice (the Department), against the Conway Borough Council, Pennsylvania (the Council). The complaint was investigated by the Department under the authority granted by section 203 of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ï½§ 12132-12134. The complaint alleges that the Council violated title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ï½§ï½§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. The ADA prohibits discrimination against qualified individuals with disabilities in the services, programs, and activities of State or local governments.
The complaints allege that public meetings conducted by the Council are inaccessible to individuals with mobility impairments. In particular, the complaints allege that the second floor meeting room, where the Council's meetings are held, is not accessible to individuals with disabilities who cannot climb stairs.
- The Council denies that it acted unlawfully with respect to the complainant's allegations.
- The Attorney General is authorized under 42 U.S.C. ï½§ 12133, to bring a civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance.
- The parties have agreed to settle this matter without resolving the factual and legal dispute regarding the lawfulness of the Council's actions. 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 a civil suit in this matter.
- The parties to this Settlement Agreement (Agreement) are the United States of America and the Conway Borough Council, Pennsylvania who hereby agree as follows: II. Title II Coverage
- Title II of the ADA and its implementing regulation prohibit discrimination on the basis of disability by public entities. 42 U.S.C. ï½§ 12132; 28 C.F.R. ï½§ 35.130.
- The ADA applies to the Conway Borough Council because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R. ï½§ 35.104. III. Actions to be Taken by Conway Borough Council
- The Council agrees to take the following actions within 30 days of the date of this Agreement:
- The Council shall develop and post in a prominent location of its accessible public areas a written policy statement indicating procedures available for persons with disabilities to a obtain reasonable modifications to Borough policies, practices, and procedures. This policy statement shall include the telephone number and contact information of the individual designated too handle such request.
- The Council shall adopt and publish a procedure providing for relocation of all public meetings to an accessible location with reasonable notification (not more than one week notice). The policy shall provide that the Council will make reasonable efforts to relocate meetings in the event that less than one week's notice is given. IV. Implementation
- In consideration of the Conway Borough Council's performance of its obligations under this agreement, the Department agrees to refrain from undertaking further investigation of complaint number 204-64-98 and 204-64-100 and to refrain from filing a civil suit arising from its investigation of complaint number 204-64-98 and complaint number 204-64-100.
- 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 the Federal district court to enforce this Agreement or the requirements of title II, following written notice to Conway Borough of the possible violation and a period of 10 days in which Conway Borough has the opportunity to cure the alleged violation.
- 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.
- This Agreement is a public document. A copy of this Agreement or any information contained herein may be made available to any person by Conway Borough or the Department on request.
- The signer of this document for Conway Borough represents that he or she is authorized to bind Conway Borough to this Agreement.
- The effective date of this Agreement is the date of the last signature below.
- 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 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 Conway Borough's continuing responsibility to comply with all aspects of title II of the ADA.
For the United States:
Bill Lann Lee
Acting Assistant Attorney General for Civil Rights
By:_____________________________ Date: _________________
John L. Wodatch, Chief
Allison Nichol, Deputy Chief
Susan B. Reilly, Supervisor Attorney
Ron Whisonant, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
Borough of Conway, Pennsylvania:
By: ____________________________ Date: _________________
Mr. Mike Crispeno, President
Conway Borough Council