Settlement Agreement Under The Americans With Disabilities Act Between The United States Of America And Fremont Ymca

Background

  1. The parties to this Settlement Agreement ("Agreement") are the United States of America, and the Fremont YMCA ("YMCA") in Fremont, Nebraska.
  2. This Agreement resolves a complaint filed with the Department of Justice ("Department") under title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァァ 12181-89, and its implementing regulation, 28 C.F.R. pt. 36 and Appendix A, the Standards for Accessible Design ("Standards"). The complaint was investigated under the authority granted by ァ 308(b) of the ADA, 42 U.S.C. ァ 12188 (b).

Jurisdiction

  1. The YMCA is a place of public accommodation, as defined in the ADA, 42 U.S.C. ァ 12181(7), and its implementing regulation, 28 C.F.R. ァ 36.104.
  2. Title III requires places of public accommodation in existence on January 26, 1992, to remove architectural barriers to access where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense. 42 U.S.C. ァ12182 (b) (2)(A)(iv), and 28 C.F.R. ァ 36.304.
  3. Title III requires that additions or alterations made to places of public accommodation after January 26, 1992, be readily accessible to and usable by people with disabilities to the maximum extent feasible in accordance with the ADA Standards. 42 U.S.C. 12183 (a) (2) and 28 C.F.R. ァァ36.402 and 36.406.
  4. Title III requires that, when an alteration is made that affects a primary function area of a place of public accommodation, the path of travel to the altered area, and the restrooms, telephones and drinking fountains serving the altered area must also be made accessible, unless the cost of doing so would be disproportionate to the cost of the alteration. 28 C.F.R. ァ 36.403 (a). Path of travel alterations are disproportionate if they exceed 20% of the cost of the alteration to the primary function area. 28 C.F.R. ァ 36.403 (f).
  5. In order to avoid further investigation and possible litigation, the parties hereby agree as follows:

Statement of Facts

  1. On December 30, 1994, the Disability Rights Section of the Department received a complaint that the YMCA is inaccessible to people who have mobility impairments. Specifically, the complaint stated that, although there were multiple stories in the building, and despite a recent renovation, there was no elevator to provide access to the different floors.
  2. During the Department's investigation of this complaint, the Department found that an addition was built onto this facility after January 26, 1992, and, because it affected a primary function area, it triggered the path of travel requirement of the Standards. The Department's investigation found that removal of certain barriers was readily achievable at the YMCA as well.
Actions to be Taken by the Parties
  1. The YMCA has agreed to take the following steps to comply with the requirements of title III regarding the renovation and barrier removal. All the following steps will be completed within 180 days of the effective date of this Agreement. No later than 210 days after the effective date of this Agreement, the YMCA will provide a report to the Department detailing its actions to carry out the terms of this Agreement, including photographs and/or design drawings of the changes made.
    1. Re-stripe the existing accessible parking stalls to provide two (2) accessible parking spaces one (1) of which must be a van accessible space. The parking spaces will be located such that the curb ramp is not located in an accessible aisle, in accordance with ァ 4.1.2 (5) of the Standards.
    2. Enlarge elevator shaft and install an elevator in accordance with ァ 4.10.

    Main Level

    1. Boys'/Men's Accessible Locker Room
      1. Ensure that the approach to the accessible toilet stall door is at least 42", in accordance with ァ 4.17.5.
      2. Install a seat in the shower that is a folding type and extend the rear grab bar 60" along the control wall in accordance with ァァ 4.21.3 and 4.21.4
      3. Install shower controls in accordance with the Standards ァ 4.21.6.
      4. Install a 24" x 48" bench fixed to the wall along the longer dimension, 17" to 19" above the floor in accordance with ァ 4.35.4.
    2. Existing Pool Locker Room (Women's & Girls')

    Provide an accessible locker room as shown in the architectural drawings dated January 10, 1997, including the following:

      1. Provide an accessible locker room toilet stall, in accordance with ァ 4.23.4.
      2. Provide an accessible shower, in accordance with ァ 4.21.
      3. Install a 24" x 48" bench fixed to the wall along the longer dimension of the wall at 17" to 19" above the finish floor, in accordance with ァ 4.35.4.
    1. Ensure that the two drinking fountains shown on the drawings comply with ァ 4.15 and provide access for people who use wheelchairs and people who have difficulty stooping or bending.
    2. Provide signage for the restroom in the lobby in accordance with ァァ 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
    3. Install new handrails on opposite sides of the main floor ramp leading from the old building to the old gym, in accordance with ァ 4.8.5.
    4. Install an exit sign with Braille and raised letters on the latch side of the exit in the corridor looking toward the lobby area in accordance with ァァ 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
    5. Mount signage accompanied by Grade II Braille on the latch side of the exit door at west view restroom corridor in the old building, in accordance with ァ 4.30.6.
    6. Remount the protruding object at the west view restroom corridor to extend the leading edge to at or below 27 inches above the finish floor, in accordance with ァ 4.4.1.
    Upper Level
    1. Provide accessible entrance doors to Fitness Studio 2 through both doors if the studio is divided, in accordance with ァ 4.13.6, Figure 25.
    2. Install signage at the restrooms directing people to the accessible restrooms on the main level. Include alterations to these restrooms in the next renovation to provide accessibility, in accordance with 28 C.F.R.ァ 36.403.

    Lower Level

    1. Existing Locker Rooms (2)
      1. Install signage at the locker room entrance. This signage will note the location of an accessible men's/boys' locker room and toilet on the main level, in accordance with ァァ 4.1.2 (7), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
    2. It is not readily achievable to make the racquetball courts and door leading to the courts on the lower level accessible at this time. It is not readily achievable to install a handrail on the second side of steps leading to the racquetball courts at this time.
  2. The Attorney General is authorized, pursuant to 42 U.S.C. ァ 12188(b)(1)(B), to bring a civil action to enforce title III of the ADA in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter.

Implementation and Enforcement of this Agreement

  1. 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 may institute a civil action.
  2. A failure by the Department to enforce any term of this Agreement shall not be construed as a waiver of its right to enforce any other portion of this Agreement.
  3. This Agreement is a public document. Copies of this Agreement, and any information contained in them may be made available to any person at any time. The Department shall provide copies of these documents to any person upon request.
  4. The effective date of this Agreement is the date of the last signature below. This Agreement shall be binding on the YMCA, and its successors and assigns. The YMCA shall have a duty to notify all such successors and assigns. The term of this Agreement shall be two years from the effective date.
  5. This document 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 the agents of either party that is not contained in this written Agreement, shall be enforceable. This Agreement is limited to the matters raised in the complaint and does not address any other issues of ADA compliance by the YMCA. This Agreement does not affect the continuing responsibility of the YMCA to comply with all aspects of the ADA.
  6. The signers of this document affirm that they are authorized to bind the parties to this Agreement that each represents

    For the Fremont YMCA


    __________________________________   Date ____________
    Neil W. Schilke, Esq.
    Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy, and Nick
    Military Colonial Building
    340 E. Military Avenue
    Fremont, Nebraska 68025
    (402) 721-7111


    For the United States:


    __________________________________   Date ____________
    Eugenia Esch, Esq.
    L. Irene Bowen, Esq.
    Attorneys
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, D.C. 20035
    (202) 307-0663

    Lucille K. Johansen
    Investigator

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Updated August 6, 2015

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