SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
ATLANTA, GEORGIA
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-19-216
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Press Release
Fact Sheet
BACKGROUND
SCOPE
OF THE INVESTIGATION
The United
States Department of Justice (Department) initiated this matter as a compliance
review of the City of Atlanta, Georgia, (City) under title II of the Americans
with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the
Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial
assistance from the Department of Justice, the review was also conducted under
the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart
G.
The review
was conducted by the Disability Rights Section of the Department’s Civil Rights
Division and focused on the City’s compliance with the following title II
requirements:
- to conduct a self-evaluation of its
services, policies, and practices by July 26, 1992, and make modifications
necessary to comply with the Department’s title II regulation, 28 C.F.R. §
35.105;
- to notify applicants, participants,
beneficiaries, and other interested persons of their rights and the City’s obligations
under title II and the Department’s regulation, 28 C.F.R. § 35.106;
- to designate a responsible employee
to coordinate its efforts to comply with and carry out the City’s ADA
responsibilities, 28 C.F.R. § 35.107(a);
- to establish a grievance procedure
for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
- to operate each program, service, or
activity so that, when viewed in its entirety, it is readily accessible to and
usable by individuals with disabilities, 28 C.F.R. §§ 35.149, 35.150, by:
- delivery of services,
programs, or activities in alternate ways, including, for example, redesign of
equipment, reassignment of services, assignment of aides, home visits, or other
methods of compliance or, if these methods are not effective in making the
programs accessible,
- physical changes to
buildings (required to have been made by January 26, 1995), in accordance with
the Department’s title II regulation, 28 C.F.R. §§ 35.150 and 35.151, and the
ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or
the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App.
A.
- to ensure that facilities for which
construction or alteration was begun after January 26, 1992, are readily
accessible to and usable by people with disabilities, in accordance with 1) the
Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. §
35.151;
- to ensure that communications with
applicants, participants, and members of the public with disabilities are as
effective as communications with others, including furnishing auxiliary aids
and services when necessary, 28 C.F.R. § 35.160;
- to provide direct access via TTY
(text telephone) or computer-to-telephone emergency services, including 9-1-1
services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
- to provide information for interested
persons with disabilities concerning the existence and location of the City’s
accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and
- to provide signage at all
inaccessible entrances to each of its facilities, directing users to an
accessible entrance or to information about accessible facilities, 28 C.F.R. §
35.163(b).
As part of
its compliance review, the Department reviewed the following facilities, which – because construction or alterations
commenced after January 26, 1992 – must comply with the ADA’s new construction
or alterations requirements: Coan Park, Municipal Court, Atlanta Police
Department Zone 1, Atlanta Police Department Zone 5, Washington Park
Natatorium, Atlanta Fire Station 14, Atlanta Fire Station 4, Adamsville
Recreation Center, Bessie Branham
Recreation Center, Utoy Creek Reclamation Center, Washington Park Tennis
Center, Atlanta Botanical Garden, Rosel Fann Recreation Center, Cleveland
Avenue Recreation Center, Ben Hill Recreation Center, Morningside Recreation
Center, Martin L. King, Jr. Recreation Center, Atlanta City Detention Center,
Atlanta Fire Station 33, Atlanta Workforce Development Agency, Coan Park
Recreation Center, Police Office of Professional Standards, Anderson Park
Recreation Center, A. D. Williams Park, Gateway Homeless Services Center,
Atlanta Fire Station 31, Piedmont Park Conservancy Magnolia Hall, Georgia Hill
Neighborhood Facility, Martin L. King, Jr. Natatorium, Bass Recreation Center,
Chastain Park Amphitheater, Pitman Pool/Recreation Center, Peachtree Hills
Recreation Center, and Central Park Recreation Center.
The
Department’s program access review covered those of the City’s programs,
services, and activities that operate in the following facilities: City Hall South, Atlanta City Hall Tower,
Cyclorama & Civil War Museum, Public Defender’s Office, Atlanta Police
Department Zone 2, Atlanta Police Department Zone 6, Boisfeuillet Jones Atlanta
Civic Center, Piedmont Park Conservancy/magnolia Hall, Candler Park Golf
Course, Oakland Recreation Center, Adams Park & Recreation Center, Mcghee
Tennis Center, Grant Park Recreation Center, Grant Park Swimming Pool,
Brownwood Recreation Center, Bessie Branham Recreation Center, Atlanta
Botanical Garden, Bitsy Grant Center, Collier Park and Recreation Center, Zaban
Recreation Center, Atlanta Police Zone 3, Atlanta Police Zone 4, Atlanta Fire
Station 15, Atlanta Fire Station 17, Atlanta Fire Station 35, Dunbar
Neighborhood Facility, John C. Birdine Neighborhood Facility, and Maddox Park.
The
Department also conducted a program access review of the Gateway Center, which
is designated as an emergency shelter. This review was limited to the areas of
the facility used by members of the public during an emergency: parking, the route from the parking area to
the area used as a shelter, the area used as a shelter, and toilet facilities
serving that area.
The
Department reviewed the City’s policies and procedures regarding voting,
emergency management and disaster prevention, and sidewalk maintenance to
evaluate whether persons with disabilities have an equal opportunity to utilize
these programs.
Finally,
the Department reviewed the City Police Department’s policies and procedures regarding providing effective
communication to persons who are deaf or hard-of-hearing.
JURISDICTION
- The
ADA applies to the City because it is a “public entity” as defined by title
II. 42 U.S.C. § 12131(1).
- The
Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the
compliance of the City with title II of the ADA and the Department's title II
implementing 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. § 12133, to bring a civil action enforcing title II
of the ADA should the Department fail to secure voluntary compliance pursuant
to Subpart F.
- The
Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the
City’s compliance with section 504 of the Rehabilitation Act of 1973, to issue
findings, and, where appropriate, to negotiate and secure voluntary compliance
agreements. Furthermore, the Attorney
General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and
42.108-110, to suspend or terminate financial assistance to the City provided
by the Department of Justice should the Department fail to secure voluntary
compliance pursuant to Subpart G or to bring a civil suit to enforce the rights
of the United States under applicable federal, state, or local law.
- The
parties to this Agreement are the United States of America and the City of
Atlanta, Georgia.
- In
order to avoid the burdens and expenses of an investigation and possible
litigation, the parties enter into this Agreement.
- In
consideration of, and consistent with, the terms of this Agreement, the
Attorney General agrees to refrain from filing a civil suit in this matter
regarding all matters contained within this Agreement, except as provided in
the section entitled “Implementation and Enforcement.”
ACTIONS TAKEN BY CITY
- In
1992, the City appointed Guy Seymor, Chief Psychologist, as ADA Coordinator
(ADAC), and he served in this capacity until 1999. In 2000, Alfred Elder, Diversity Manager, was
appointed to serve as ADAC and addresses employee-related concerns. To ensure immediate and continued focus on
disability issues related to citizens, the City created a Disability Coordinator
(DC) position in July 1992. Kate Gainer,
a local disability rights activist, was appointed DC. Kimberly Davies assumed the position in 2004
and addresses citizen related concerns.
- The
City conducted an ADA Facilities Self-Assessment from July 1994 through
December 1994. Each department was
required to physically inspect their respective spaces and complete a survey
checklist form comprised of the ADA Standards.
In January 2007, consistent with the spirit and intent of “Project Civic
Access,” the City conducted a self-assessment of its programs and
facilities. The results of this
evaluation were discussed with the Department of Justice’s Disability Rights
Section in February 2007.
- The
City has appointed a Departmental Equal Employment Opportunity Coordinator
(DEEOC) for each of its departments in order to assist the ADAC and DC in
resolving grievances raising disability-related issues. Procedures for addressing these issues are
divided into two distinct processes, “Formal and Informal.” In the “Informal Process,” the DEEOC
investigates and resolves issues at the departmental level. If the complainant is dissatisfied with the
results of the “Informal Process, the ADAC initiates the “Formal Process” and
renders a final determination. This process
is most often utilized by employees.
Citizens normally file complaints directly through the Mayor’s Office of
Constituent Services and they are investigated and resolved by the DC.
REMEDIAL ACTION
NOTIFICATION
- Within
two months of the effective date of this Agreement, the City will adopt the
attached Notice (Attachment A); distribute it to all agency heads; publish the
Notice in a local newspaper of general circulation serving the City; post the
Notice on its Internet Home Page; and post copies in conspicuous locations in
its public buildings. It will refresh
the posted copies, and update the contact information contained on the Notice,
as necessary, for the life of this Agreement.
Copies will also be provided to any person upon request.
- Within
six months of the effective date of this Agreement, and on yearly anniversaries
of this Agreement until it expires, the City will implement and report to the
Department its written procedures for providing information for interested
persons with disabilities concerning the existence and location of the City’s
accessible programs, services, and activities.
GRIEVANCE
PROCEDURE
- Within
three months of the effective date of this Agreement, the City will adopt the
attached ADA Grievance Procedure (Attachment B), distribute it to all agency
heads, and post copies of it in conspicuous locations in each of its public
buildings. It will refresh the posted
copies, and update the contact information contained on it, as necessary, for
the life of the Agreement. Copies will
also be provided to any person upon request.
GENERAL
EFFECTIVE COMMUNICATION PROVISIONS
- Within
three months of the effective date of this Agreement, the City will identify
sources of qualified sign language and oral interpreters, real-time transcription
services, and vendors that can put documents in Braille, and will implement and
report to the Department its written procedures, with time frames, for
fulfilling requests from the public for sign language or oral interpreters,
real-time transcription services, and documents in alternate formats (Braille,
large print, cassette tapes, accessible electronic format such as HTML, etc.).
- The
City will take steps to ensure that all appropriate employees are trained and
practiced in using the Georgia Relay Service to make and receive calls.
9-1-1
- Within
three months of the effective date of this Agreement, the City will ensure that
each 9-1-1 call station is equipped with a TTY or computer equivalent.
- Within
three months of the effective date of this Agreement, the City will develop
procedures for answering 9-1-1 calls that include training all call takers to
use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential
TTY call and respond by TTY, and to ensure that TTY calls are answered as
quickly as other calls received.
- The
City will monitor its incoming 9-1-1 TTY calls to ensure they are answered as
quickly and accurately as other calls received.
- The
City will incorporate correct TTY call-taking procedures into 9-1-1 call
takers’ performance evaluations and will amend its personnel policies to
include written disciplinary procedures for call takers who fail to perform TTY
call-taking consistent with the training and procedures. The City will implement and report to the
Department its evaluation and procedures within three months of the effective
date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
- Within
three months of the effective date of this Agreement, the City will adapt for its own use and implement
the Atlanta Police Department’s Policy Statement on Effective Communication
with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to
all police officers the Guide for Law
Enforcement Officers When in Contact with People Who are Deaf or Hard of
Hearing [Attachment D].
- Within
three months of the effective date of this Agreement, the City will contract
with one or more local qualified oral/sign language interpreter agencies to
ensure that the interpreting services will be available on a priority basis,
twenty-four hours per day, seven days a week, to its police or make other
appropriate arrangements (such as contracting directly with or hiring qualified
interpreters).
- Within
three months of the effective date of this Agreement, the City will ensure that each police station or
substation and each detention facility is equipped with a working TTY to enable
persons who are deaf, hard of hearing, or who have speech impairments to make
outgoing telephone calls. Where inmate
telephone calls are time-limited, the City will adopt policies permitting
inmates who use TTY’s a longer period of time to make those calls, due to the
slower nature of TTY communications compared with voice communications.
EMPLOYMENT
- Within
three months of the effective date of this Agreement, the City will complete a
review of its employment policies and amend them, as necessary, to comply with
the regulations of the U.S. Equal Employment Opportunity Commission
implementing title I of the Americans with Disabilities Act of 1990, codified
at 29 C.F.R. Part 1630. At minimum,
those policies will provide that the City:
- will not discriminate on
the basis of disability in its hiring or employment practices.
- will not ask a job
applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability
to perform specific job functions.
Medical examinations or inquiries may be made, but only after a conditional
offer of employment is made and only if required of all applicants for the
position.
- will make reasonable
accommodations for the known physical or mental limitations of a qualified
applicant or employee with a disability upon request unless the accommodation
would cause an undue hardship on the operation of the City’s business. If an applicant or an employee requests a
reasonable accommodation and the individual's disability and need for the
accommodation are not readily apparent or otherwise known, the City may ask the
individual for information necessary to determine if the individual has a
disability-related need for the accommodation.
- will maintain any
employee’s medical records separate from personnel files and keep them
confidential.
- will make an
individualized assessment of whether a qualified individual with a disability
meets selection criteria for employment decisions. To the extent the City’s selection criteria
have the effect of disqualifying an individual because of disability, those
criteria will be job-related and consistent with business necessity.
EMERGENCY
MANAGEMENT PROCEDURES AND POLICIES
- The
Department will work collaboratively with the City to ensure that the City’s
Emergency Operations Plan (EOP) will be in compliance with ADA
requirements. The touchstone for
compliance with ADA requirements relating to emergency management is Chapter 7 of the Department’s ADA Best Practices
Tool Kit for State and Local Government (ADA Tool Kit), which addresses in detail key ADA obligations that
apply to all aspects of emergency management, including planning, preparedness,
evacuation, shelters, medical and social services, lodging and housing
programs, recovery, and rebuilding.
- The
City is committed to compliance with the ADA requirements as described in
Chapter 7 of the ADA Tool Kit. Within 60 days of the effective date of this
Agreement, the City will revise its EOP so that it conforms with Chapter 7 of
the ADA Tool Kit, and the City will
provide a copy of its revised EOP (including supporting documents) to the
Department. The Department will review
the revised EOP to ensure compliance with title II of the ADA and its
implementing regulation.
- If
the City contracts with another entity, such as the American Red Cross or
another local government, to provide its emergency preparedness plans and
emergency response services, the City will ensure that the other entity
complies with the following provisions on its behalf.
- Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that it
regularly solicits and incorporates input from persons with a variety of
disabilities and those who serve them regarding all phases of its emergency
management plan (preparation, notification, response, and clean up).
- Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that its
community evacuation plans enable those who have mobility impairments, vision
impairments, hearing impairments, cognitive disabilities, mental illness, or
other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary,
confidential registries of persons with disabilities who may need
individualized evacuation assistance or notification. If the City adopts or maintains such a registry, its report to the Department
will discuss its procedures for ensuring voluntariness, appropriate
confidentiality controls, and how the registry will be kept updated, as well as
its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the City
plan should address accessible transportation needs for persons with
disabilities.
- Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that if its
emergency warning systems use sirens or other audible alerts, it will also
provide ways to inform persons with hearing impairments of an impending
disaster. The use of auto-dialed TTY
messages to pre-registered individuals who are deaf or hard of hearing, text
messaging, e-mails, open-captioning on local TV stations and other innovative
uses of technology may be incorporated into such procedures, as well as
lower-tech options such as dispatching qualified sign language interpreters to
assist with emergency TV broadcasts.
- Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that its
facilities designated as emergency shelters have a back-up generator and a way
to keep medications refrigerated (such as a refrigerator or a cooler with
ice). Such shelters will be made
available to persons whose disabilities require access to electricity and
refrigeration, for example, for using life-sustaining medical devices,
providing power to motorized wheelchairs, and preserving certain medications,
such as insulin, that require refrigeration.
The written procedures will include a plan for notifying persons of the
location of such shelters.
- Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written procedures that ensure that persons
who use service animals are not separated from their service animals when
sheltering during an emergency, even if pets are normally prohibited in
shelters. The procedures will not
segregate persons who use service animals from others but may take into account
the potential presence of persons who, for safety or health reasons, should not
be in contact with certain types of animals.
- Some
of the City’s emergency shelters may be owned or operated by other public
entities subject to title II or by public accommodations subject to title III
and, as such, are subject to the obligation to provide program access or remove
barriers to accessibility under the ADA.
This Agreement does not limit such future enforcement action against the
owners or operators of these facilities by any person or entity, including the
Department.
- Within
one month of the effective date of this Agreement, the City will request in
writing that each of the owners and operators of the shelter facilities listed
in Attachment G will remove the noted barriers to access for persons with
disabilities. The request will specify
that the remediation be completed within one year of the effective date of this
Agreement. The City will simultaneously
send a courtesy copy of the request to the Department.
- Within
14 months of the effective date of this Agreement, the City will survey the
shelters listed in Attachment G to determine whether the noted barriers have
been removed. If not all barriers have
been removed, the City will identify within 18 months of the effective date of
this Agreement an appropriate number of alternate shelters where the parking,
exterior routes, entrances, interior routes to the shelter area, and toilet
rooms to the shelter area comply with the Standards.
- Within
three months of the effective date of this Agreement and until all emergency
shelters have accessible parking, exterior routes, entrances, interior routes
to the shelter area, and toilet rooms and bathing facilities serving the
shelter area, the City will identify and widely publicize to the public and to
persons with disabilities and the organizations that serve them the most
accessible emergency shelters.
- Within
3 months of the effective date of this Agreement, it will develop, implement,
and report to the Department its plans for providing equivalent opportunities
for accessible post-emergency temporary housing to persons with
disabilities. Within one year of the
effective date of this Agreement, the City will ensure that information it makes
available regarding temporary housing includes information on accessible
housing (such as accessible hotel rooms within the community or in nearby
communities) that could be used if people with disabilities cannot immediately
return home after a disaster if, for instance, necessary accessible features
such as ramps or electrical systems have been compromised.
SIDEWALKS
- Within
three months of the effective date of this Agreement, the City will implement
and report to the Department its written process for soliciting and receiving
input from persons with disabilities regarding the accessibility of its
sidewalks, including, for example, requests to add curb cuts at particular
locations.
- Within
three months of the effective date of this Agreement, the City will identify
and report to the Department all streets, roads, and highways that have been
constructed or altered since January 26, 1992.
Paving, repaving, or resurfacing a street, road, or highway is
considered an alteration for the purposes of this Agreement. Filling a pothole is not considered an
alteration for the purposes of this Agreement.
Within three years of the effective date of this Agreement, the City will provide curb ramps or other sloped
areas complying with the Standards or UFAS at all intersections of the streets,
roads, and highways identified under this paragraph having curbs or other
barriers to entry from a street level pedestrian walkway.
- Beginning
no later than three months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at any intersection having curbs or other barriers to entry from a street
level pedestrian walkway, whenever a new street, road, or highway is
constructed or altered.
- Within
three months of the effective date of this Agreement, the City will identify
all street level pedestrian walkways that have been constructed or altered
since January 26, 1992. Paving,
repaving, or resurfacing a walkway is considered an alteration for the purposes
of this Agreement. Within three years of
the effective date of this Agreement, the City will provide curb ramps or other
sloped areas complying with the Standards or UFAS at all places where a street
level pedestrian walkway identified under this paragraph intersects with a
street, road, or highway.
- Beginning
no later than three months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or
UFAS at all newly constructed or altered pedestrian walkways where they
intersect a street, road, or highway.
WEB-BASED
SERVICES AND PROGRAMS
- Within
1 month of the effective date of this Agreement, and on subsequent
anniversaries of the effective date of this Agreement, the City will distribute
to all persons – employees and contractors – who design, develop, maintain, or
otherwise have responsibility for content and format of its website(s) or third
party websites used by the City (Internet Personnel) the technical assistance
document, “Accessibility of State and Local Government Websites to People with
Disabilities,” which is Attachment F to this Agreement (it is also available at www.ada.gov/websites2.htm).
- Within
three months of the effective date of this Agreement, and throughout the life
of the Agreement, the City will do the following:
- Establish,
implement, and post online a policy that its web pages will be accessible and
create a process for implementation;
- Ensure
that all new and modified web pages and content are accessible;
- Develop
and implement a plan for making existing web content more accessible;
- Provide
a way for online visitors to request accessible information or services by
posting a telephone number or e-mail address on its home page; and
- Periodically
(at least annually) enlist people with disabilities to test its pages for ease
of use.
PHYSICAL
CHANGES TO FACILITIES
- The
elements or features of the City’s facilities that do not comply with the
Standards, including those listed in Attachments I, J, K, and L, prevent
persons with disabilities from fully and equally enjoying the City’s services,
programs, or activities and constitute discrimination on the basis of
disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and
35.150.
- The
City will comply with the cited provisions of the Standards when taking the
actions required by this Agreement.
- Within
three months of the effective date of this Agreement, the City will install
signage as necessary to comply with 28 C.F.R. § 35.163(b), after having
surveyed all facilities that are the subject of this Agreement for the purpose
of identifying those that have multiple entrances not all of which are
accessible.
- Newly
Constructed Facilities: In order to
ensure that the following spaces and elements in City facilities for which
construction was commenced after January 26, 1992, are readily accessible to
and usable by persons with disabilities, the City will take the actions listed
in Attachments I and M.
- Altered
Facilities: In order to ensure that
the following spaces and elements in City facilities for which alterations
commenced after January 26, 1992, are readily accessible to and usable by
persons with disabilities, the City will take the actions listed in Attachments
J and M.
- Program
Access in City Existing Facilities:
In order to ensure that each of the City’s programs, services, and
activities operating at a facility that is the subject of this Agreement, when
viewed in its entirety, is readily accessible to and usable by persons with
mobility impairments, the City will take the actions listed in Attachments K and M.
- City
Facilities and Programs Not Surveyed by the Department: The City will review compliance with the
requirements of Title II of the ADA for those City facilities and programs that
were not reviewed by the Department.
Within 12 months of the effective date of this Agreement, the City will
submit for review by the Department a detailed report listing the access issues
identified during its review together with the corrective actions and
completion dates proposed to resolve such issues. The review conducted by the City, the access
issues identified, and the corrective actions and completion dates proposed
will be consistent with the requirements of Title II of the ADA; the review of
City facilities and programs conducted by the Department for purposes of this
Agreement; and the access issues, corrective actions, and completion dates
reflected in Attachments I, J, K, and M.
PROGRAM
MODIFICATIONS
- Access
to City Programs Housed in Others’ Facilities: In order to ensure that the City’s programs,
services, and activities that are the subject of this Agreement and that are
operated by the City at facilities owned or controlled by other entities, when
viewed in its entirety, are readily accessible to and usable by persons with
mobility impairments, the City will take the actions listed in Attachment L.
PROGRAMS
FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE
- If
the City owns or operates any Domestic Violence Programs, within three months
of the effective date of this Agreement, it will do the following:
- Whatever
written information is provided regarding its Domestic Violence Programs will
also be provided in alternate formats, including Braille, large print, audio
recording, and electronic formats, upon request.
- Enter
into contracts or make other arrangements with qualified sign language and oral
interpreters to ensure their availability when required for effective
communication with persons who are deaf or hard of hearing. The type of aid that will be required for
effective communication will depend on the individual’s usual method of
communication, and the nature, importance, and duration of the communication at
issue. In many circumstances, oral
communication supplemented by gestures and visual aids, an exchange of written
notes, use of a computer or typewriter, or use of an assistive listening device
may be effective. In other
circumstances, qualified sign language or oral interpreters are needed to
communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the
communication, the more likely it is that a qualified interpreter will be
required for effective communication with a person whose primary means of
communication is sign language or speech reading.
- If
the City’s Domestic Violence Programs operate a hotline to take telephone calls
of an emergency nature, the City shall ensure that it provides equivalent
service for persons who use TTY’s, including providing direct-connection
service for TTY users with hotline operators, without requiring TTY users to
call through a third party operator, such as through the state or local
Telecommunication Relay Services. The
City will obtain the necessary equipment, establish the written procedures, and
provide the training necessary to ensure effective communication by Hotline
staff with direct-connection callers using TTY’s, as well as the training
necessary to respond to callers who use the Telecommunication Relay Services.
- Survey
facilities used as shelters or designated as potential shelters – or for
counseling, job training, education, clothing or household provisioning, or
other aspects of Domestic Violence Programs – to ensure that adequate
arrangements are available for potential clients and family members with
disabilities, including adults and children who have mobility impairments, who
are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date of this
Agreement, modify each such facility to remove the barriers or, alternatively,
procure another, fully accessible facility to ensure that potential clients and
family members with disabilities have integrated options when participating in
a sheltering or other Domestic Violence program. Nothing in this Agreement requires any
modifications that would compromise the confidentiality of a shelter or
counseling center. Until there is a
sufficient stock of accessible housing and other facilities within the
sheltering program, City will implement written procedures ensuring that it has
identified temporary accessible housing (such as accessible hotel rooms within
the community or in nearby communities) and other facilities that could be used
if people with disabilities need sheltering or inservice access to a Domestic
Violence Program. The cost to potential
clients of being housed or otherwise served in alternate accessible facilities
shall not exceed any costs normally attributed to clients of the City’s
Domestic Violence Programs.
- Implement
written procedures and modify, as appropriate, eligibility criteria, to ensure
that no person with a disability is turned away from a shelter or otherwise
denied the opportunity to benefit from the services of the City’s Domestic Violence Programs on the
basis of disability.
- Implement
written procedures to ensure that persons with disabilities who use service
animals are not denied or discouraged from participating in Domestic Violence
Programs, are able to be housed and served in an integrated environment, and
are not separated from their service animals while participating in the City’s
Domestic Violence Programs even if pets are normally not permitted in the
facilities where such programs are conducted.
The procedures will not unnecessarily segregate persons who use service
animals from others but may take into account the potential presence of persons
who, for safety or health reasons, should not be in contact with certain types
of animals. If the City’s Domestic
Violence Programs require clients to make any payments for shelter or other
services they provide, clients shall not be required to make additional
payments because they or their family members use service animals.
- Implement
written procedures to ensure that reasonable modifications are made to the City’s
Domestic Violence Programs when necessary for a client or family member with a
disability to participate in such Programs, unless doing so would fundamentally
alter the nature of the program.
- Implement
written policies to ensure that despite any “drug-free” policy of the City’s
Domestic Violence Programs, persons with disabilities who use medication
prescribed for their use are able to continue using such medication while
participating in such Programs or being housed in a shelter.
- 52. If
the City contracts with another entity to provide or operate programs that
provide shelter, counseling, or other assistance or supportive services to
victims of domestic violence or abuse and their families (hereafter referred to
as “Domestic Violence Programs”), it will
ensure that the other entity complies with the preceding provisions on its
behalf. If that entity will not comply
with the following provisions, the City will nonetheless take all necessary
steps to ensure that its program is accessible to persons with disabilities.
- 53. Some
of the of the City’s shelters may be owned or operated by other public entities
subject to title II or by public accommodations subject to title III and, as
such, are subject to the obligation to provide program access or remove barriers
to accessibility under the ADA. This
Agreement does not limit such future enforcement action against the owners or
operators of these facilities by any person or entity, including the
Department.
- 54. This
Agreement shall not be construed to require the City to divulge confidential
information relating to the location or existence of any Domestic Violence
Programs, beyond what is otherwise required by applicable law or what is
necessary for the Department to effectively enforce this Agreement.
MISCELLANEOUS
PROVISIONS
- Except
as otherwise specified in this Agreement, at yearly anniversaries of the
effective date of this Agreement until it expires, the City will submit written
reports to the Department summarizing the actions the City has taken pursuant to
this Agreement. Reports will include
detailed photographs showing measurements, architectural plans, work orders,
notices published in the newspaper, copies of adopted policies, and proof of
efforts to secure funding/assistance for structural renovations or equipment.
- Throughout
the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City
will maintain the accessibility of its programs, activities, services,
facilities, and equipment, and will take whatever actions are necessary (such as
routine testing of accessibility equipment and routine accessibility audits of
its programs and facilities) to do so.
This provision does not prohibit isolated or temporary interruptions in
service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
- Within
six months of the effective date of this Agreement, the City will develop or
procure a two-hour training program on the requirements of the ADA and
appropriate ways of serving persons with disabilities. The City will use the ADA technical
assistance materials developed by the Department and will consult with
interested persons, including individuals with disabilities, in developing or
procuring the ADA training program.
- Within
one year of the effective date of this Agreement, the City will deliver its
training program to all City employees who have direct contact with members of
the public. At the end of that period,
the City will submit a copy of its training curriculum and materials to the
Department, along with a list of employees trained and the name, title, and
address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
- If
at any time the City desires to modify any portion of this Agreement because of
changed conditions making performance impossible or impractical or for any
other reason, it will promptly notify the Department in writing, setting forth
the facts and circumstances thought to justify modification and the substance
of the proposed modification. Until
there is written Agreement by the Department to the proposed modification, the
proposed modification will not take effect.
These actions must receive the prior written approval of the Department,
which approval will not be unreasonably withheld or delayed.
- The
Department may review compliance with this Agreement at any time. If the Department believes that the City has
failed to comply in a timely manner with any requirement of this Agreement
without obtaining sufficient advance written agreement with the Department for
a modification of the relevant terms, the Department will so notify the City in
writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a
satisfactory resolution of the issue or issues raised within 30 days of the
date it provides notice to the City, it may institute a civil action in federal
district court to enforce the terms of this Agreement, or it may initiate
appropriate steps to enforce title II and section 504 of the Rehabilitation
Act.
- For
purposes of the immediately preceding paragraph, it is a violation of this
Agreement for the City to fail to comply in a timely manner with any of its
requirements without obtaining sufficient advance written agreement with the
Department for an extension of the relevant time frame imposed by the Agreement.
- Failure
by the Department to enforce this entire Agreement or any provision thereof
with regard to any deadline or any other provision herein will not be construed
as a waiver of the Department's right to enforce other deadlines and provisions
of this Agreement.
- This
Agreement is a public document. A copy
of this document or any information contained in it will be made available to
any person by the City or the Department on request.
- 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 (including its Attachments, which are hereby incorporated
by reference), will 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 City’s continuing
responsibility to comply with all aspects of the ADA and section 504 of the
Rehabilitation Act.
- This Agreement will remain in effect for three years or until the parties agree that all actions required by the Agreement have been completed, whichever is later.
- The
person signing for the City represents that he or she is authorized to bind the
City to this Agreement.
- The
effective date of this Agreement is the date of the last signature below.
For the City of Atlanta, Georgia:
By:
____________________________
SHIRLEY FRANKLIN, Mayor
City of Atlanta
Office of the Mayor
55 Trinity Avenue, SW
Suite 2400
Atlanta, GA 30303
(404) 330-6100
Date: ___________________________
________________________________
Municipal Clerk (Seal)
RECOMMENDED:
______________________________
Chief Operating Officer
APPROVED AS TO FORM:
_______________________________
City Attorney
|
For
the United States:
THOMAS E. PEREZ
Assistant Attorney General for Civil Rights
JOHN L. WODATCH, Chief
JEANINE M. WORDEN, Deputy Chief
DOV LUTZKER, Special Counsel
By:_____________________________
NAOMI MILTON, Supervisory Attorney
By:_____________________________
TERRY D. FULTON, Investigator MICHELE MALLOZZI, Architect
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
(202) 307-0663
(202) 514-7821 (fax)
Date: 12/08/2009 |
|
|
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