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Press Release
United States Attorney Kenyen R. Brown announced that his office has reached a settlement agreement with the Mobile County Commission to retrofit the Strickland Youth Center (SYC) so that it can be used by individuals with disabilities. The agreement resolves charges by the United States Attorney’s Office that the County violates Title II of the Americans with Disabilities Act (ADA) by failing to make the SYC facilities, programs and services available to persons with disabilities. Title II provides that no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services and activities provided by state and local governments because of a disability.
The SYC campus, located at 2315 Costarides Street, Mobile, Alabama, is home to the Juvenile Court Division of the 13th Judicial Circuit, State of Alabama, and the Mobile County Juvenile Detention Facility. Constructed in 1972, the main building houses four court rooms, a ninety-five (95) bed youth detention center, juvenile probation services, a twelve (12) bed youth crisis center, health clinic, cafeteria, classrooms, and other court-sponsored programs held weekly for juveniles, their parents and guardians. Although the main facility at SYC was built prior to passage of the Americans with Disabilities Act (ADA) in 1991, SYC was required by the ADA to make structural changes no later than January 26, 1995. 28 CFR § 35.150(c)(d). This was never done.
Since that time, SYC has added a newly constructed court records office, two separate juvenile dormitories, connecting breezeways, attorney conference rooms and more courtrooms. None of these alterations addressed the original barriers to entry, nor were the altered portions of the buildings made readily accessible to the maximum extent feasible. See 28 C.F.R. § 35.151(b).
Acting on a complaint from a wheelchair user, in 2014 the United States conducted an ADA compliance survey of SYC. The County cooperated fully in the survey process, which revealed significant violations of the ADA. Twenty-four years after passage of the ADA, there is not a single bathroom in the entire facility that is accessible to persons using wheelchairs. The designated accessible entrance to the main building is located at the opposite end of the building from the main entrance, through a locked door which can only be opened by court security personnel summoned by telephone. Courtrooms, offices, dormitories, administration buildings and parking lots: all present structural barriers to use by persons with disabilities.
County officials and employees cooperated with the compliance review and site visits, and demonstrated their commitment to ensuring that SYC services and programs become accessible to all persons, regardless of disability. The parties now have decided to resolve this matter as set forth below without adjudication of factual and legal disputes, by entering into the attached Settlement Agreement.
In order to ensure that people with disabilities be able to use SYC facilities, services and programs to the fullest extent possible, the County has agreed to make the following changes:
“Ensuring that the Strickland Youth Center, its facilities, programs and services can be used by everyone fulfills a core tenet of the ADA: that the courts must be open to all people, including those with disabilities,” said United States Attorney for the Southern District of Alabama Kenyen R. Brown. “We commend the Mobile County Commission’s commitment to make significant changes to bring the SYC into compliance with the ADA.”
The claims settled by this agreement are allegations only, and there has been no determination of liability. The investigation and litigation were conducted by the United States Attorney’s Office for the Southern District of Alabama. The attorney handling the matter is Assistant United States Attorney Holly L. Wiseman.
The Settlement Agreement was reached under Title II of the ADA, which provides that no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services and activities provided by state and local governments because of a disability. Those interested in finding out more about the ADA may call the Justice Department’s toll-free information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.