U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 FEB 28 1995 T. A. Warden, Jr. President Mercer County Commission Courthouse Square P.O. Box 5469 Princeton, West Virginia 24740 RE: Complaint Number Dear Mr. Warden: This letter is to inform you that the Settlement Agreement between Mercer County and the Department of Justice concerning Title II of the Americans with Disabilities Act of 1990 (ADA) becomes effective as of the date of this letter. Enclosed is a copy of the fully-executed Settlement Agreement that resolves a complaint alleging that the services, programs and activities provided in the Mercer County Courthouse are inaccessible to individuals with mobility impairments. Based upon the assurances made by Mercer County in this Agreement, we are closing our files in this complaint as of the date of this letter. Continued compliance is contingent upon Mercer County's completion of the actions required by the Agreement. Failure to implement the requirements of the Agreement may result in a finding of noncompliance with Title II of the ADA. The Department of Justice will monitor Mercer County's progress in implementing the requirements of the Agreement. The County will submit its final written Compliance Plan, as required by paragraph 9 of the Agreement, by March 30, 1995, 30 days after the effective date of the Agreement. Mercer County will then submit progress reports beginning 90 days after the Department's approval of the Compliance Plan. 01-07654 - 2 - This letter and the enclosed Agreement are not intended, and should not be construed, to cover any other issues regarding compliance with Title II which may exist and which are not specifically discussed herein. Under the Freedom of Information Act, 5 U.S.C. S 522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. We appreciate the cooperation of Mercer County, and especially of Betty Long and Herbert Tate, during our investigation and settlement negotiations. If you have any questions concerning this letter, please feel free to call Brenda Sheppard at (202) 307-2231. Sincerely, Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-07655 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXX FEB 28 1995 XXXXXXXXXX West Virginia RE: Complaint Number Dear Ms. XXXXX This letter is in reference to your complaint filed with the Department of Justice, Civil Rights Division, Coordination and Review Section, alleging that the services, programs and activities provided in the Mercer County Courthouse are inaccessible to individuals with mobility impairments. Enclosed is a copy of the fully-executed Settlement Agreement between the Department of Justice and Mercer County. The Settlement Agreement states that Mercer County will develop a written Compliance Plan, including a timetable to provide access to the services, programs, and activities conducted in the Courthouse. Based upon the assurances in this voluntary Settlement Agreement, we have determined that Mercer County is in compliance with Title II and we are closing this case as of the date of this letter. Continued compliance is contingent upon Mercer County's completion of the actions required by the Settlement Agreement. The Department of Justice will monitor Mercer County's progress in implementing the requirements of the Settlement Agreement. If you are dissatisfied with the terms of the Settlement Agreement, you may file a private complaint in the appropriate United States District Court under Title II of the ADA. Our determination of Mercer County's compliance is not intended, nor should it be construed, to cover any other issues regarding compliance with Title II that may exist and that are not specifically addressed in the Settlement Agreement. 01-07656 -2- You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, 5 U.S.C. S 522, we may be required to release this letter and other correspondence and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safe- guard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter, please feel free to call Brenda Sheppard at (202) 307-2735. Sincerely, Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-07657 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MERCER COUNTY, WEST VIRGINIA DEPARTMENT OF JUSTICE COMPLAINT NUMBER 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 (hereinafter "Department"), against Mercer County (hereinafter "County"), West Virginia. The complaint alleges that the services, programs, and activities provided in the Mercer County Courthouse (hereinafter "Courthouse") are inaccessible to individuals with mobility impairments. Pursuant to the provision of the ADA entitled "Alternative 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 complaint in this matter to determine the compliance of the County 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. In order to avoid the burdens and expenses of an investigation and possible litigation, 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. The County owns and operates the Courthouse located in Princeton, West Virginia. 01-07658 -2- 3. Because of architectural barriers, the services, programs, and activities provided by the County in the Courthouse are not readily accessible to and usable by persons with mobility impairments. 4. Title II of the ADA and its implementing regulation prohibit discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, and activities conducted in the Courthouse. 5. Under Title II, each of the services, programs, or activities conducted in the Courthouse, when viewed in its entirety, must be accessible to and usable by persons with disabilities. 6. The subject of this Settlement Agreement is the development of a Compliance Plan that will provide access to the services, programs, and activities conducted in the Courthouse. 7. The County will develop a written Compliance Plan, including a timetable to provide access to the services, programs, and activities conducted in the Courthouse. The Plan will include the following: a. A statement as to how each program or activity in the Courthouse will be made accessible to individuals with mobility impairments, including identification of structural changes, if any, that will be made. b. If structural changes are needed: 1. An architectural drawing, or detailed description with specifications, of any proposed modifica- tions, or a schedule for obtaining such drawings and/or specifications; 2. A timetable for completion of each phase of the proposed modifications; and, 3. A description of the interim plan for making programs accessible while the structural changes are being made. 8. Alteration and construction of buildings and sites must be in conformance with either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines (ADAAG) in order to satisfy 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. 01-07659 -3- 9. No later than 30 days from the effective date 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 90-day period following the Department's approval of the Compliance Plan, and at the end of each 90-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, the County will submit a final report 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. In the event that the County fails to comply in a timely manner with any requirement of this Agreement or the Compliance Plan without obtaining the prior written consent of the Department, all terms of this Agreement and the Compliance Plan shall become enforceable in an appropriate Federal court. 14. 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. 15. Failure by the Department to enforce this entire Agreement, the Compliance Plan, or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver by the Department of its right to enforce other deadlines and provisions of this Agreement or the Compliance Plan. 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 upon request. 01-07660 -4- 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) Betty Long, Administrator Merrily Friedlander, Acting Chief Mercer County Commission Merle Morrow, Attorney Brenda Sheppard, Investigator Coordination and Review Section (Signature) Civil Rights Division T.A. WARDEN, PRESIDENT U.S. Department of Justice MERCER COUNTY COMMISSION Date: 1-31-95 Date: 2/28/95 01-07661