Wednesday, August 12, 2009

Florida town agrees to settlement with Justice Dept. to comply with ADA

From TCPalm.com:

PORT ST. LUCIE, Fla. — Residents with disabilities are expected to get better access to city facilities, services and programs to meet federal standards.

But the required changes at the city’s expense come during a struggling economy when officials face a $14 million deficit.

The Justice Department announced an agreement earlier this week after negotiations with the city to improve access around town for people with disabilities. It was part of Project Civic Access, the department’s initiative to bring state and local governments into compliance with the Americans with Disabilities Act.

“These are important things to disabled people,” said City Attorney Roger Orr. “We need to be in compliance.”

Since the Justice Department doesn’t fund the required changes, Orr said the city plans to use money from several sources.

“It’s our responsibility,” he said, “so it does fall on the local taxpayer.”

Orr doesn’t know how much the changes will cost because the minor projects, such as lowering coat hangers in bathroom stalls or relocating a toilet roll dispenser in handicapped stalls, would be done by city employees. Bigger projects would require contractors.

“It’s minor from what it takes to fix it,” he said. “It may not be minor to a disabled person.”

The Public Works Department budgeted about $30,000 for the changes, but Orr said that amount won’t cover all the costs. He said the city is seeking federal grants.

If the city knew of the changes a couple years ago, Orr said covering the cost of the changes wouldn’t have been an issue.

“We would have been better equipped to deal with this,” he said.

The Justice Department contacted the city about three and a half years ago to set up an assessment of the city’s facilities, Orr said. After a year passed, the department brought in a team of inspectors.

“They conducted the assessment,” he said, “and they essentially disappeared for two years.”

Orr said the city was told the assessment was in review and didn’t get the report back until more than two years later. After negotiations, the city had accomplished more than a dozen changes but has about 50 to go.

The changes have different timeframes, which Orr said range from three months to three years.

The city began months ago making changes, including the height of elevator buttons in the utilities building, Orr said. The bigger projects won’t begin for at least a couple months.

“We started going through some of the buildings,” he said, “and we’ve been making changes that were brought to our attention that needed to be addressed.”

The initiative began to give those with disabilities equal opportunity to take part in city activities, according to the department. It sent investigators, attorneys and architects to inspect state and local government and find anything not in compliance.

The department has come to about 160 agreements since the program began seven to eight years ago, Orr said.

NEW ADA CITY CHANGES:

Make physical modifications to its facilities so that parking, routes into buildings, entrances, assembly areas, public telephones, restrooms, service counters, drinking fountains, elevators, routes within parks, and picnic pavilions are accessible to persons with disabilities.

Implement a plan for the accessibility of sidewalks and curb ramps throughout the city.

Ensure that the city’s official Web site is accessible to individuals with disabilities, including persons who are blind or have low vision.

Continue to train staff in using telephone relay services to place and receive calls to ensure effective communication with persons who are deaf, are hard of hearing, or have speech impairments.

Amend its employment policies, as necessary, to comply with ADA requirements.

Install signs at any inaccessible entrance to a facility directing users to an accessible entrance or to information about other accessible facilities.