U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 AUG 12 1993 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SCOTT COUNTY, ARKANSAS DEPARTMENT OF JUSTICE COMPLAINT NUMBER X This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12131 - 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department), against Scott County, Arkansas (County). The complaint alleges that the services, programs, and activities provided by the County in the Scott County Courthouse are inaccessible to persons with mobility impairments. Pursuant to the provision of the ADA entitled "Alternate Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaints in this matter to determine the compliance of Scott County, Arkansas, with title II of the ADA 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 and the approved Compliance Plan to be developed pursuant to this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties to this Agreement are the United States of America and the County. The parties hereby agree as follows: 1. The ADA applies to the County because it is a public entity as defined in 42 U.S.C. 12131. -2- 2. The County owns and operates the Scott County Courthouse in Waldron, Arkansas. 3. Because of architectural barriers, the services, programs, and activities provided by the County in the Courthouse are not readily accessible to persons with mobility impairments. 4. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, or activities of a public entity, such as the County. 5. The County may not deny the benefits of or participation in its programs, services, or activities to persons with disabilities because the Courthouse is inaccessible. 6. Under the ADA, the services, programs, or activities provided in the Courthouse, when viewed in their entirety, must be accessible to and usable by persons with disabilities. 7. The subject of this Settlement Agreement is the development of a Compliance Plan that will provide access to the services, programs, and activities provided in the Scott County Courthouse. 8. The County will develop a written Compliance Plan, including a timetable to provide accessibility to the services, programs, and activities provided in the County Courthouse and submit it for approval to the Department. The Plan will include the following: a. An architectural drawing, or detailed description with specifications, of the planned renovations to make the Courthouse readily accessible to and usable by persons with disabilities, specifically including: 1) building entrances; 2) restrooms; 3) door hardware; 4) drinking fountains; b. A detailed description, including architectural specifications if appropriate, setting out steps that the County will take, on an interim basis, to provide access for persons with mobility impairments to its services, programs, and activities until the planned renovations have been completed; c. A detailed description setting out steps that the County will take to provide access for persons with mobility impairments to its services, programs, and activities -3- located on the inaccessible second floor and basement levels; d. A schedule for obtaining estimates and completing each phase of the proposed modifications to existing structures to provide access to programs, services, or benefits provided in the Scott County Courthouse. Alteration and construction of buildings and sites in conformance with either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines (ADAAG) will be deemed to comply with the requirements of the ADA; except that where ADAAG is used, the elevator exemption in section 4.1.3 is not available to entities covered by title II. 9. Within thirty (30) days of the execution of this Agreement, the County shall submit a copy of the final written Compliance Plan to the Department for review and approval. 10. At the end of the sixty (60) day period following Departmental approval of the Compliance Plan, and at the end of each sixty (60) day period thereafter, the County will submit written progress reports on its implementation of this Agreement, and the Compliance Plan developed pursuant to this Agreement, to the Department. 11. At the completion of the steps set out in the Compliance Plan approved by the Department, but in no case later than one hundred eight (180) days following Departmental approval, the County will submit a final report on its implementation of the Compliance Plan to the Department. 12. If at any time the County desires to modify any portion of this Agreement or the Compliance Plan because of changed conditions making performance impossible or impractical or for any other reason, it shall 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 shall not take effect. 13. The Department may review compliance with this Agreement and the Compliance Plan developed pursuant to this Agreement at any time. If it determines that this Agreement or the Compliance Plan or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this agreement in an appropriate Federal court. 14. The Department of Justice's failure to enforce this entire Agreement, the Compliance Plan, or any provision thereof with regard to any deadline or any other provision herein shall -4- not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement or the Compliance Plan. 15. In the event that Scott County, Arkansas, fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department of Justice as a temporary modification of the relevant terms of this Agreement or the Compliance Plan, all terms of this Agreement shall become enforceable in an appropriate Federal court. 16. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the County or the Department on request. 17. The effective date of this agreement is the date of the last signature below. 18. 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 does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the County's continuing responsibility to comply with all aspects of the ADA. For the County: For the United States: (Signature) (Signature) Coordination and Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 3-23-94 3/28/94 Date Date