Case: 1:16-cv-05139-NJV As of: 01/22/2019 07:08 PM PST 1 of 2
CLOSED,CONSENT
U.S. District Court California Northern District (Eureka) CIVIL DOCKET FOR CASE #: 1:16−cv−05139−NJV

UNITED STATES OF AMERICA v. Humboldt County Assigned to: Magistrate Judge Nandor J. Vadas Cause: 42:12101 Americans w/ Disabilities Act (ADA)
Plaintiff

Date Filed: 09/07/2016 Date Terminated: 09/27/2016 Jury Demand: None Nature of Suit: 446 American with Disabilities − Other Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Dov Lutzker U.S. Department of Justice Civil Rights Division 1425 New York Ave, NW Suite 4039 Washington, DC 20005 202−514−5746 Email: dov.lutzker@usdoj.gov ATTORNEY TO BE NOTICED

Melanie Lea Proctor United States Attorney's Office Civil Division 1301 Clay Street 3rd Floor San Francisco, CA 94612 (510) 788−3507 Fax: (510) 637−3780 Email: Melanie.Proctor@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Humboldt County

represented by Mary Blair Angus County Counsel 825 Fifth Street Eureka, Ca 95501 707−445−7236 Fax: 707−445−6297 Email: bangus@co.humboldt.ca.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/07/2016
09/07/2016 09/07/2016

# Docket Text
1 COMPLAINT PURSUANT TO THE AMERICANS WITH DISABILITIES ACT against Humboldt County. Filed byUNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(Proctor, Melanie) (Filed on 9/7/2016) (Entered: 09/07/2016)
2 Proposed Summons. (Proctor, Melanie) (Filed on 9/7/2016) (Entered: 09/07/2016)
3 Joint MOTION for Settlement Entry of Consent Decree filed by UNITED STATES OF AMERICA. Responses due by 9/21/2016. Replies due by 9/28/2016. (Attachments: # 1 Consent Decree, # 2 Attachment A, # 3 Attachment B, # 4 Attachment C, # 5 Attachment D, # 6 Attachment E, # 7 Attachment F, # 8 Attachment G, # 9 Attachment H, # 10 Attachment I, # 11 Attachment J, # 12 Attachment K)(Proctor, Melanie) (Filed on 9/7/2016) (Entered: 09/07/2016)

Case: 1:16-cv-05139-NJV As of: 01/22/2019 07:08 PM PST 2 of 2

09/07/2016 4 Case assigned to Magistrate Judge Nandor J. Vadas.

Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E−Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.

09/07/2016 09/07/2016 09/07/2016 09/07/2016 09/08/2016
09/08/2016 09/08/2016
09/13/2016 09/13/2016 09/13/2016
09/27/2016

Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5−1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/21/2016. (haS, COURT STAFF) (Filed on 9/7/2016) (Entered: 09/07/2016)
5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by UNITED STATES OF AMERICA.. (Proctor, Melanie) (Filed on 9/7/2016) (Entered: 09/07/2016)
6 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (msr, COURT STAFF) (Filed on 9/7/2016) (Entered: 09/07/2016)
7 Summons Issued as to Humboldt County. (msr, COURT STAFF) (Filed on 9/7/2016) (Entered: 09/07/2016)
8 NOTICE of Appearance by Dov Lutzker Trial Attorney, U.S. Department of Justice, Civil Rights Division (Lutzker, Dov) (Filed on 9/7/2016) (Entered: 09/07/2016)
9 Erroneous Entry−−Please Ignore CLERK'S NOTICE Case Management Statement due by 11/29/2016. Initial Case Management Conference set for 12/6/2016 02:00 PM. Parties may appear by phone by dialing 888−684−8852/Access Code 1868782. (This is a text−only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 9/8/2016) Modified on 9/8/2016 (msr, COURT STAFF). (Entered: 09/08/2016)
10 NOTICE of Appearance by Mary Blair Angus (Angus, Mary) (Filed on 9/8/2016) (Entered: 09/08/2016)
11 CLERK'S NOTICE Status Conference set for 9/13/2016 02:00 PM before Magistrate Judge Nandor J. Vadas. Parties to appear by phone per previously provided instructions.. (This is a text−only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 9/8/2016) (Entered: 09/08/2016)
12 ORDER by Judge Nandor J. Vadas granting 3 Motion for Entry of Consent Decree. (njvlc2, COURT STAFF) (Filed on 9/13/2016) (Entered: 09/13/2016)
13 CONSENT DECREE. Signed by Judge Nandor J. Vadas on 9/13/2016. (njvlc2, COURT STAFF) (Filed on 9/13/2016) (Entered: 09/13/2016)
14 Minute Entry for proceedings held before Magistrate Judge Nandor J. Vadas: Status Conference held on 9/13/2016. Consent Decree will be signed by the court. Parties may contact the court at any time judicial intervention may be necessary. FTR Time 2:06−2:11. Plaintiff Attorney Dov Lutzker and Melanie Proctor. Defendant Attorney Blair Angus. This is a text only Minute Entry (glm, COURT STAFF) (Date Filed: 9/13/2016) (Entered: 09/14/2016)
15 ORDER to administratively close case. Signed by Judge Nandor J. Vadas on 9/27/2016. (njvlc2, COURT STAFF) (Filed on 9/27/2016) (Entered: 09/27/2016)

 
 Case 1:16-cv-05139-NJV Document 1 Filed 09/07/16 Page 1 of 7

1 VANITA GUPTA, Principal Deputy Assistant Attorney General

EVE L. HILL, Deputy Assistant Attorney General

2 REBECCA B. BOND, Chief

KEVIN J. KIJEWSKI, Deputy Chief

3 DOV LUTZKER, Trial Attorney, CABN 185106

U.S. Department of Justice

4

950 Pennsylvania Avenue, NW – NYA

Washington, DC 20530

5

Telephone: (202) 307-0663

Facsimile: (202) 514-7821

6

Dov.Lutzker@usdoj.gov

7 BRIAN J. STRETCH, United States Attorney

SARA WINSLOW, Chief, Civil Division

8 MELANIE L. PROCTOR, Assistant United States Attorney, CABN 228971

450 Golden Gate Avenue, Box 94102

9

San Francisco, CA 94102

Telephone: (415) 436-6730

10

Facsimile: (415) 436-6478

Melanie.Proctor@usdoj.gov

11 ATTORNEYS FOR PLAINTIFF UNITED STATES

12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

EUREKA DIVISION

15 THE UNITED STATES OF AMERICA,

16

Plaintiff,

17 v.

18 HUMBOLDT COUNTY,

19

Defendant.

20

) COMPLAINT PURSUANT TO THE AMERICANS ) WITH DISABILITIES ACT, 42 U.S.C. §§ 12131 – ) 12134 ) ) C 16-5139 ) ) ) ) )

21

22

23

24

25

26

27

28

COMPLAINT

CASE NO. CV 16-5139

1

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1

COMPLAINT

2

THE UNITED STATES OF AMERICA alleges:

3

INTRODUCTION

4

1. Humboldt County (County) discriminates against individuals with disabilities in violation

5

of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131–12134, and its

6

implementing regulation, 28 C.F.R. Part 35.

7

2. Title II of the ADA specifies that “no qualified individual with a disability shall, by reason

8

of such disability, be excluded from participation in or be denied the benefits of the services, programs,

9

or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. §

10

12132; 28 C.F.R. § 35.130(a).

11

3. In addition to the general prohibitions against discrimination, the ADA regulation requires

12

that “no qualified individual with a disability shall, because a public entity’s facilities are inaccessible

13

to or unusable by individuals with disabilities, be excluded from participation in, or be denied the

14

benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by

15

any public entity.” 28 C.F.R. § 35.149. The regulation further provides that “a public entity shall take

16

appropriate steps to ensure that communication with applicants, participants, members of the public,

17

and companions with disabilities are as effective as communications with others.” 28 C.F.R. § 35.160.

18

4. Humboldt County has approximately 134,000 residents of which approximately 25,000 are

19

individuals with disabilities. Over 50 facilities owned by the County or housing County programs,

20

services and activities contain architectural barriers rendering the programs, services and activities

21

provided at these facilities inaccessible to and unusable by individuals with disabilities in violation of

22

the ADA.

23

THE PARTIES

24

5. Plaintiff is the United States of America.

25

6. Defendant Humboldt County is a “public entity” within the meaning of the ADA, 42 U.S.C.

26

§ 12131(1)(A), and is therefore subject to the ADA.

27

28

COMPLAINT

CASE NO. CV 16-5139

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1

JURISDICTION AND VENUE

2

7. The Court has jurisdiction of this action under 28 U.S.C. §§ 1331, 1345 and 42 U.S.C.

3

§ 12133. The Court may grant declaratory and other relief pursuant to 28 U.S.C. §§ 2201 and 2202,

4

and 42 U.S.C. § 12133.

5

8. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because the County is located

6

in this District and all of the claims and events giving rise to this action occurred in this District.

7

INTRADISTRICT ASSIGNMENT

8

9. This action arises in Humboldt County and should be assigned to the Eureka Division.

9

STATEMENT OF FACTS

10

10. The United States Department of Justice (Department) first reviewed the County’s

11

compliance with Title II of the ADA in 2005. The Department reviewed County facilities, and County

12

policies, programs, services, and activities to determine the County’s compliance with the ADA.

13

11. For purposes of determining whether County facilities are readily accessible to and usable

14

by individuals with disabilities, County facilities are divided into the following two categories relevant

15

under the ADA: 1) new construction and alterations; and 2) existing facilities and county programs

16

located in facilities not owned by the County.

17

12. Newly constructed and altered facilities, in which construction or alterations commenced

18

after January 26, 1992, must be readily accessible to and usable by individuals with disabilities. 28

19

C.F.R. § 35.151. The Department reviewed the following newly constructed or altered County

20

facilities: Humboldt County Correctional Facility, Regional Juvenile Facility, County Main Library,

21

County Fairgrounds, Clam Beach Park, County Animal Shelter, Fields Landing, County Courthouse,

22

Healthy Moms Program Office, Juvenile Hall, and Department of Health and Human Services. 28

23

C.F.R. § 35.151.

24

13. The Department identified over 200 violations of the applicable ADA Standards in County

25

facilities that are newly constructed or altered. The Department provided the County with a 50 page

26

list of violations and the required remedial actions the County needed to take to bring each facility

27

into compliance with the ADA.

28

14. The County’s ADA violations in newly constructed and altered facilities, include:

COMPLAINT

CASE NO. CV 16-5139

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1

•

Inaccessible Parking;

2

•

Inaccessible exterior and interior routes, including routes with excessive slopes;

3

•

Narrow doors and doors with excessive pressure required to open them;

4

•

Inaccessible toilet rooms and locker rooms, including the following inaccessible elements

5

within toilet and locker rooms: mirrors, toilet stalls, lavatories, doors, dispensers, grab bars, clear floor

6

space, and showers;

7

•

No accessible cells in juvenile detention facilities; and

8

•

Assembly areas without accessible wheelchair seating and/or assistive listening devices.

9

15. County programs, services, and activities are also provided in existing County facilities,

10

i.e., those constructed prior to January 26, 1992, and in non-County owned facilities. These facilities

11

and programs include: County Courthouse, Department of Public Health, Public Works, Clark

12

Complex, Public Defender’s Office, Social Services Buildings A, B, D, and G, Juvenile Probation

13

Office, Environmental Health – Public Health, Conflict Counsel, Victim Witness Program, Public

14

Guardian, Garberville Library, Veteran’s Hall/Municipal Court, County Health Offices, Garberville

15

Sheriff’s Substation, A.W. Way County Park, County Fairgrounds, Luffenholtz Park, Public Health

16

Office, Veterans Hall in Ferndale, Fortuna Public Library, Ferndale Public Library, Veterans

17

Memorial Building, Freshwater Park, Public Health MCAH, Social Services Branch, Child Support

18

Services, McKinleyville Sheriff’s Substation, McKinley Library, Redwood Regional Development,

19

Social Services Building C, Mental Health (Child Youth and Family Services), Family Visitation

20

Center, Probation Department, Rio Dell Library, Trinidad Library, Sheriff’s Citizens on Patrol (SCOP)

21

Office, Willow Creek Library, Blue Lake Library, and Public Health (WIC) Office. 28 C.F.R.

22

§ 35.150.

23

16. The Department identified over 900 barriers to access in existing County facilities and non-

24

County facilities that house County programs, services, or activities. The Department provided the

25

County with a 300 page list of the barriers and the required remedial actions the County needed to take

26

to bring its programs, services, and activities into compliance with the ADA.

27

17. The wide range of barriers in existing County facilities and non-County owned facilities

28

that house County programs, services, and activities include:

COMPLAINT

CASE NO. CV 16-5139

4

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1

•

Inaccessible parking;

2

•

No accessible routes into and within buildings, including routes with excessive slopes and

3

ramps without accessible handrails;

4

•

Entrance doors that are inaccessible because of a change in level, doors that are too narrow,

5

excessive door pressure required to open them, and/or inaccessible door hardware;

6

•

Inaccessible toilet rooms and locker rooms, including the following inaccessible elements

7

within toilet and locker rooms: insufficient turning space within a toilet room and/or toilet stall; toilet

8

seat cover dispensers, soap dispensers, and paper towel dispenser controls with noncompliant reach

9

ranges; lavatories that are inaccessible because they lack knee and toe space, accessible hardware,

10

and/or clear floor space, and/or hot water pipes and drains that are not covered; inaccessible toilets;

11

designated accessible toilets without grab bars or with inaccessible grab bars; inaccessible urinals; and

12

inaccessible showers;

13

•

Inaccessible drinking fountains;

14

•

Assembly areas without accessible wheelchair seating and/or assistive listening devices;

15

•

Service counters that are too high; and

16

•

Parks that do not have any accessible picnic tables.

17

18. The County also has intersections throughout the County that have curb cuts with excessive

18

slopes or that are not maintained accessibly.

19

19. On July 23, 2008, the County entered into a settlement agreement, committing to take

20

specific remedial actions to bring County facilities, programs, services, and activities into compliance

21 with the ADA within three years. The agreement detailed the specific actions to be taken by the

22 County to comply with the ADA and set agreed upon deadlines for completion.

23

20. In the eleven years since the ADA violations were specifically identified to the County,

24 including and following the three year term of the settlement agreement, Humboldt County has failed

25 to take the remedial actions required for it to comply with the ADA.

26

21. Individuals have been, and continue to be, harmed and aggrieved by Humboldt County’s

27

ADA violations. The County has discriminated against individuals who have encountered inaccessible

28

elements at facilities such as the courthouse, parks, fairgrounds, libraries, law enforcement offices,

COMPLAINT

CASE NO. CV 16-5139

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Case 1:16-cv-05139-NJV Document 1 Filed 09/07/16 Page 6 of 7

1

and health, welfare, and benefits offices. Individuals throughout the County have encountered

2

inaccessible sidewalks and curb cuts.

3

CAUSE OF ACTION

4

TITLE II OF THE AMERICANS WITH DISABILITIES ACT

5

22. All conditions precedent to the filing of this Complaint have occurred or been performed.

6

23. Humboldt County, California is a public entity subject to Title II of the ADA. 42 U.S.C.

7

§ 12131(1).

8

24. Humboldt County excludes qualified individuals with a disability from participation in or

9

denies them the benefits of County services, programs, or activities, or subjects them to discrimination,

10 on the basis of disability, in violation of Title II of the ADA, 42 U.S.C. § 12132, and its implementing

11 regulation, 28 C.F.R. Part 35, including by: failing to make its facilities, programs, services, and

12 activities readily accessible to and usable by individuals with disabilities; and failing to take

13 appropriate steps to ensure effective communication. 42 U.S.C. § 12132; 28 C.F.R. Part 35.

14

25. Humboldt County’s actions constitute systemic discrimination in violation of Title II of the

15 ADA, 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. Part 35.

16

26. Individuals have been aggrieved by Humboldt County’s discrimination. 42 U.S.C.

17 §§ 12131-12134; 28 C.F.R. Part 35.

18

PRAYER FOR RELIEF

19

WHEREFORE, the United States of America prays that the Court:

20

27. Grant judgment in favor of the United States on its Complaint and declare that Humboldt

21

County has violated Title II of the ADA, 42 U.S.C. §§ 12131-12134, and its implementing regulation,

22

28 C.F.R. Part 35.

23

28. Enjoin Humboldt County from failing to comply with the ADA.

24

29. Order Humboldt County to train employees on the requirements of the ADA and

25 appropriate ways of serving people with disabilities, and to submit to monitoring by the United States,

26 including by submitting written reports to the United States summarizing the actions taken by

27 Humboldt County to comply with the ADA.

28

30. Award compensatory damages to aggrieved persons in an appropriate amount for injuries

COMPLAINT

CASE NO. CV 16-5139

6

Case 1:16-cv-05139-NJV Document 1 Filed 09/07/16 Page 7 of 7

1

suffered as the result of Humboldt County’s failure to comply with the requirements of Title II of the

2

ADA.

3

31. Order such other appropriate relief as the interests of justice may require.

4 DATED: September 7, 2016

Respectfully submitted,

5

6

LORETTA E. LYNCH Attorney General

7

8 BRIAN J. STRETCH
9 United States Attorney 10 Northern District of California
11 SARA WINSLOW Chief, Civil Division
12 Assistant United States Attorney

/s/Vanita Gupta____ VANITA GUPTA Principal Deputy Assistant Attorney General Civil Rights Division EVE L. HILL Deputy Assistant Attorney General Civil Rights Division

13

14

/s/Melanie Proctor_______________ MELANIE PROCTOR (CABN 228971)1

15 Assistant United States Attorney

United States Attorney’s Office

16 Northern District of California

17

450 Golden Gate Avenue San Francisco, CA 94102

18

Telephone: (415) 436-6730 Facsimile: (415) 436-6748

19 Melanie.Proctor@usdoj.gov

20

21

22

23

24

/s/Rebecca B. Bond_______ REBECCA B. BOND Chief KEVIN J. KIJEWSKI Deputy Chief Disability Rights Section Civil Rights Division
/s/Dov Lutzker_________________________ DOV LUTZKER (CABN 185106) Trial Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, NW – NYA Washington, DC 20530 Telephone: (202) 514-5746 Facsimile: (202) 514-7821 Dov.Lutzker@usdoj.gov

25

26

27

28

1 I, Melanie L. Proctor, hereby attest that I obtained the concurrence in the filing of this document from each of the other Signatories.

COMPLAINT

CASE NO. CV 16-5139

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 Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 1 of 20

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2

3

4

5 UNITED STATES DISTRICT COURT
6 NORTHERN DISTRICT OF CALIFORNIA
7 EUREKA DIVISION
8

9 UNITED STATES OF AMERICA,
10 Plaintiff,
11 v.
12 HUMBOLDT COUNTY,
13 Defendant.
14

) CONSENT DECREE ) ) ) ) ) ) Civil Action No. 16-5139 NJV ) ) )

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1

I. BACKGROUND

2

A. INTRODUCTION

3

1. This matter is before the Court for entry of a consent decree agreed to by Plaintiff United

4 States of America (“United States”) and Defendant Humboldt County, California (“County”),

5 collectively the “Parties.”

6

2. The United States brought this civil action to enforce Title II of the Americans with

7 Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131–12134 and the U.S. Department of Justice’s

8 (“Department”) regulation implementing Title II, 28 C.F.R. Part 35.

9

3. The United States alleges that Humboldt County has discriminated, and continues to

10 discriminate, against individuals with disabilities by failing to make County facilities, programs,

11 services, and activities accessible to and useable by individuals with disabilities in violation of the ADA.

12

4. The Department initiated a compliance review of Humboldt County under its Project

13 Civic Access (“PCA”) initiative, a wide-ranging effort to ensure that cities, counties, and other public

14 entities throughout the country comply with the ADA by eliminating physical, communication, and

15 other barriers that prevent people with disabilities from participating fully in community life. The

16 Department’s review of the County included a review of its programs and an accessibility survey of over

17 50 facilities. As the result of its review, the Department found numerous violations of the ADA, notified

18 the County of the violations and negotiated a settlement agreement in which the County committed to

19 bring its facilities, programs, services and activities into compliance with the ADA. The settlement

20 agreement, which expired on July 23, 2011, included timelines for the County’s compliance. The

21 County failed to complete most of the actions required by the agreement and the County continues to

22 have barriers to access that prevent individuals with disabilities from participating in County programs,

23 services, and activities and that violate the ADA.

24

B. PARTIES

25

5. Plaintiff is the United States of America.

26

6. Defendant is Humboldt County, California. The County is a “public entity” within the

27 meaning of the ADA, 42 U.S.C. § 12131(1)(A), and is subject to the ADA and its implementing

28 regulation.

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 3 of 20

1

7. Defendant owns and operates facilities, programs, services, and activities within the

2 meaning of the ADA.

3

C. JURISDICTION AND VENUE

4

8. The Court has jurisdiction of this action under 28 U.S.C. §§ 1331, 1345 and 42 U.S.C.

5 § 12133. The Court may grant declaratory and other relief pursuant to 28 U.S.C. §§ 2201 and 2202, and

6 42 U.S.C. § 12133.

7

9. Venue is proper in the Eureka Division of this District pursuant to 28 U.S.C. § 1391

8 because the County is located in this District and all of the claims and events giving rise to this action

9 occurred in this District.

10

II. AGREED RESOLUTION

11

10. The Parties agree it is in their best interests to resolve this matter by entry of this Consent

12 Decree. The Parties agree and stipulate to the Court’s entry of this Consent Decree resolving the

13 Plaintiff’s complaint against the County.

14

Now it is hereby ORDERED AND DECREED as follows:

15

A. GENERAL NONDISCRIMINATION REQUIREMENTS

16

11. Humboldt County will not discriminate against individuals with a disability, and will not,

17 based on disability:

18

a) Deny the benefits of its programs, services, and activities. 28 C.F.R.

19 § 35.130(b)(1).

20

b) Provide an unequal, different, or separate opportunity to participate in its

21 programs, services, and activities. 28 C.F.R. § 35.130(b)(1), (3).

22

c) Limit the enjoyment of any right, privilege, advantage, or opportunity enjoyed by

23 others. 28 C.F.R. § 35.130(b)(1)(vii).

24

d) Determine the site or location of a facility that has the effect of excluding

25 individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to

26 discrimination or that have the purpose or effect of defeating or substantially impairing the

27 accomplishment of the objectives of the program, service, or activity with respect to individuals with

28 disabilities. 28 C.F.R. § 35.130(b)(4).

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 4 of 20

1

12. Humboldt County agrees that it will comply with the ADA and the Title II regulation by:

2

a) Administering its programs services, and activities in the most integrated setting

3 appropriate to the needs of qualified individuals with disabilities. 28 C.F.R. § 35.130(d).

4

b) Operating each program, service, or activity so that, when viewed in its entirety, it

5 is readily accessible to and usable by individuals with disabilities. 28 C.F.R. §§ 35.149-.150.

6

c) Ensuring that facilities for which construction or alteration was begun after

7 January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with the

8 Title II regulation and the applicable accessibility standards. 28 C.F.R. § 35.151.

9

d) Ensuring that communications with people with disabilities, including applicants,

10 participants, and members of the public, are as effective as communications with others, including

11 furnishing auxiliary aids and services when necessary. 28 C.F.R. § 35.160.

12

B. NOTIFICATION

13

13. Within thirty (30) days of the entry of this Consent Decree, the County will adopt and

14 follow the attached Notice under the Americans with Disabilities Act, Attachment A (“Notice”);

15 distribute the Notice to all its agency heads; publish the Notice in a local newspaper of general

16 circulation serving the County on four (4) different days, including two (2) Sunday editions; post the

17 Notice on its Internet Home Page (humboldtgov.org); and post the Notice in conspicuous locations in its

18 public buildings. The County will refresh each posted Notice, and update the contact information

19 contained on each Notice, as necessary, during the term of this Consent Decree. The County will

20 provide the Notice to any person upon request.

21

14. Within three (3) months of the entry of this Consent Decree, and annually thereafter for

22 the duration of the term of this Consent Decree, the County will implement, follow, and send to the

23 United States its written procedures to inform all interested individuals of the existence and location of

24 its accessible programs, services, and activities.

25

C. ADA COORDINATOR

26

15. Within one hundred eighty (180) days of the entry of this Consent Decree, the County

27 will appoint or hire one or more ADA Coordinators, who must be pre-approved by the United States and

28 trained in and knowledgeable about the ADA. The ADA Coordinator(s) will coordinate the County’s

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 5 of 20

1 effort to comply with this Consent Decree and the ADA, including any investigation by the County of

2 ADA-related complaints. The County will make available to all interested individuals the name(s),

3 office address(es), telephone number(s), and email address(es) of the ADA Coordinator(s). The County

4 will also post this information on its website, in an accessible and conspicuous location (i.e., directly

5 linked from the County’s homepage) and accessible format (i.e., HTML). If the County changes its

6 ADA Coordinator(s), it will notify the United States in writing, and update the name and contact

7 information everywhere it appears, within one (1) day of making such a change.

8

D. INDEPENDENT LICENSED ARCHITECT

9

16. Within one hundred eighty (180) days of the entry of this Consent Decree, the County

10 will retain an Independent Licensed Architect (“ILA”), pre-approved initially and continually approved

11 by the United States throughout the term of the Consent Decree, who is trained in and knowledgeable

12 about the accessibility requirements of the ADA. The ILA must act independently to certify whether

13 any alterations, additions, or modifications made by the County during the term of this Consent Decree

14 comply with the applicable standard pursuant to 28 C.F.R. § 35.151(c) and the Appendix to 28 C.F.R.

15 § 35.151(c). The County will bear all costs and expenses of retaining and using the ILA, including the

16 costs and expenses of any consultants and staff used by the ILA. The County will compensate this ILA

17 without regard to the outcome.

18

17. In issuing certifications pursuant to this Consent Decree, the ILA will impartially prepare

19 reports identifying each violation and demonstrating with photographs each violation that has been

20 remediated and will use the certification form at Attachment B. The ILA will be considered a neutral

21 inspector for purposes of issuing certifications of compliance and will be reasonably available to the

22 United States to discuss findings in its and the County’s reports, photographs, and certifications. The

23 United States may also, in its discretion, provide technical assistance to the ILA. Upon request by the

24 United States, the County will provide prior notice to the United States of inspections by the ILA to

25 allow representatives of the United States to be present.

26

18. The County will submit ILA certifications along with its reporting requirements as set

27 forth in this Consent Decree.

28 //

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 6 of 20

1

E. GRIEVANCE PROCEDURE

2

19. Within three (3) months of the entry of this Consent Decree, the County will adopt the

3 attached ADA Grievance Procedure, Attachment C, distribute it to all of its agencies, post it on its

4 website, and post copies of it in conspicuous locations in each of its public buildings. It will refresh

5 each posted copy, and update the contact information contained on it, as necessary, for the term of the

6 Consent Decree. The County will provide copies to any person upon request.

7

F. GENERAL EFFECTIVE COMMUNICATION PROVISIONS

8

20. Within three (3) months of the entry of this Consent Decree, the County will identify

9 sources of qualified sign language and oral interpreters, qualified readers, real-time transcription

10 services, and vendors able to convert documents to Braille. Within this three (3) month timeframe, the

11 County will implement and report to the United States its written procedures, with time frames, for

12 providing and fulfilling requests for sign language or oral interpreters, qualified readers, real-time

13 transcription services, and documents in alternate formats, including Braille, large print, audio

14 recording, and accessible electronic format (e.g., HTML).

15

21. Within three (3) months of the entry of this Consent Decree, the County will train all

16 employees who communicate with the public to use the California Relay Service to make and receive

17 calls, and report to the United States the details of the trainings including the identity of the employees

18 trained. The County will train all new employees who will have contact with the public at least five (5)

19 business days before they first have contact with the public.

20

G. 911 EMERGENCY COMMUNICATIONS

21

22. Within three (3) months of the entry of this Consent Decree, the County will ensure that

22 each of its 911 consoles or call stations can receive and respond to TTY communications effectively

23 with an analog TTY or computer equivalent. Within three (3) months of the entry of this Consent

24 Decree, the County will adopt written procedures for answering 911 calls and train all call takers to use

25 a TTY or computer equivalent to take 911 calls. The training and procedures will include recognizing a

26 “silent” open line as a potential TTY call, responding by analog TTY or computer equivalent, and

27 answering TTY calls as quickly as other calls received. The County will monitor incoming 911 TTY

28 calls, answer them as quickly and accurately as other calls, and send the written procedures and details

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 7 of 20

1 of the training and monitoring to the United States.

2

H. LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

3

23. Within three (3) months of the entry of this Consent Decree, the County will implement

4 the Humboldt County Sheriff’s Office’s Policy Statement on Effective Communication with People Who

5 are Deaf or Hard of Hearing, Attachment D, and distribute to all sheriff department officers the Guide

6 for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing,

7 Attachment E.

8

24. Within three (3) months of the entry of this Consent Decree, the County will hire or

9 contract with local qualified oral and sign language interpreters to be available to its sheriff’s department

10 twenty-four hours every day.

11

25. Within three (3) months of the entry of this Consent Decree, the County will equip each

12 sheriff station or substation and each jail and detention facility with a sufficient number of working

13 TTYs, videophones, hearing aid compatible telephones, and volume control telephones, but no fewer

14 than one (1) of each, to enable people who are deaf, hard of hearing, or who have speech impairments to

15 make telephone calls of the same frequency and with the same availability as those people who do not

16 use TTYs or videophones. Where telephone calls are time-limited, the County will adopt policies

17 permitting a longer period of time for individuals using a TTY, videophone, or relay service due to the

18 slower nature of these communications as compared to voice communications. If any person who is

19 deaf, hard of hearing, or who has a speech impairment prefers a different method of communication,

20 such as a captioned telephone or computer, the County will make reasonable efforts to provide the

21 communication device requested.

22

I. EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

23

26. The County’s Emergency Operations Plan (“EOP”) must comply with the ADA. The

24 County will use Chapter 7 of the Department of Justice’s ADA Best Practices Tool Kit for State and

25 Local Government (“ADA Tool Kit”) to address ADA obligations of emergency management, including

26 planning, preparedness, evacuation, shelters, medical and social services, lodging and housing programs,

27 recovery, and rebuilding.

28

27. Within sixty (60) days of the entry of this Consent Decree, the County will incorporate

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 8 of 20

1 the provisions of Chapter 7 of the ADA Tool Kit into its EOP and provide a copy (including supporting

2 documents) to the United States.

3

28. The County’s EOP will include the following:

4

a) Procedures to solicit, receive, and use input from people with a variety of

5 disabilities on its emergency management plan (preparation, notification, response, and clean-up).

6

b) Community evacuation plans to enable people who have mobility disabilities, are

7 blind or have low vision, are deaf or hard of hearing, have cognitive disabilities, mental illness, or other

8 disabilities to either safely self-evacuate or be evacuated by others.

9

c) If the County’s emergency warning system uses sirens or other audible alerts,

10 then procedures to effectively inform people who are deaf or hard of hearing of an impending disaster.

11

d) A requirement that emergency shelters have a back-up generator and a way to

12 keep medications refrigerated (such as a refrigerator or a cooler with ice). Access to back-up power and

13 refrigeration at such shelters will be made available to people whose disabilities require access to

14 electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to

15 motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration.

16 The written procedures will include a plan for notifying people of the location of such shelters.

17

e) Procedures ensuring that people who use service animals are not separated from

18 their service animals when sheltering during an emergency, even if pets are prohibited in shelters. The

19 procedures will not segregate people who use service animals from others but may take into account the

20 potential presence of people who, for safety or health reasons, should not be in contact with certain types

21 of animals.

22

f) Plans for providing equivalent opportunities for accessible post-emergency

23 temporary housing to people with disabilities. The County will ensure that information it makes

24 available regarding temporary housing includes information on accessible housing (such as accessible

25 hotel rooms within the community or in nearby communities) that could be used if people with

26 disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features

27 such as ramps or electrical systems have been compromised.

28 //

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 9 of 20

1

J. PHYSICAL CHANGES TO EMERGENCY SHELTERS

2

29. Some County emergency shelters may be owned or operated by other public entities

3 subject to Title II or by public accommodations subject to Title III and therefore they must provide

4 program access or remove barriers to accessibility under the ADA. This Consent Decree does not limit

5 future enforcement action against the other owners or operators of these emergency shelters.

6

30. Within nine (9) months of the entry of this Consent Decree, the ILA will survey all

7 emergency shelters in the County using the survey instrument entitled ADA Checklist for Emergency

8 Shelters, Attachment F to identify barriers to access for individuals with disabilities.

9

31. For County emergency shelters with barriers to access for individuals with disabilities,

10 the County will either (1) remove all barriers to access by people with disabilities and have the ILA

11 confirm removal of the barriers to the United States, or (2) relocate the emergency shelter to another

12 facility that can be used as an emergency shelter and that has no barriers to access by people with

13 disabilities within fifteen (15) months of the entry of this Consent Decree.

14

32. For shelters that are not owned or operated by the County, the County will request in

15 writing that each of the owners and operators of the shelter facilities remove the noted barriers to access

16 for people with disabilities within fifteen (15) months of the entry of this Consent Decree. The County

17 will simultaneously send a copy of the request to the United States.

18

33. Within eighteen (18) months of the entry of this Consent Decree, the ILA will survey

19 each shelter to determine whether the barriers have been removed. If not all barriers have been removed

20 at a shelter, the County will identify and designate within twenty-four (24) months of the entry of this

21 Consent Decree an accessible replacement shelter for each inaccessible shelter, which will be confirmed

22 by the ILA using the survey instrument entitled ADA Checklist for Emergency Shelters, Attachment F.

23

34. Within three (3) months of the entry of this Consent Decree and until all emergency

24 shelters are accessible as confirmed by the ILA, the County will identify and widely publicize to the

25 public and to people with disabilities the most accessible emergency shelters.

26

K. SIDEWALKS

27

35. Within six (6) months of the entry of this Consent Decree, the County will implement and

28 report to the ILA and the United States its written process for requesting and receiving input from

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 10 of 20

1 people with disabilities regarding the accessibility of its sidewalks, including requests to add curb cuts at

2 particular locations.

3

36. Within nine (9) months of the entry of this Consent Decree, the County and its ILA will

4 identify and report to the United States: (1) a plan to identify all existing street level pedestrian

5 walkways, streets, roads, and highways under the jurisdiction of Humboldt County that have not been

6 constructed or altered since January 26, 1992; and (2) a timetable to provide curb ramps or other sloped

7 areas that comply with the applicable architectural standards at all existing intersections of streets, roads,

8 and highways having curbs or other barriers from a street level pedestrian walkway. The plan and

9 timetable must be approved by the United States and will specify completion of all required curb ramps

10 or other sloped areas that comply with the applicable architectural standards and the ADA within three

11 (3) years. The plan and timetable shall give priority to requests from people with disabilities, walkways

12 serving entities covered by the ADA, including state and local government offices and facilities,

13 transportation, places of public accommodation, and employers, followed by walkways serving other

14 areas.

15

37. Within three (3) years of the entry of this Consent Decree, the County will provide curb

16 ramps or other sloped areas complying with the applicable architectural standards as permitted by 28

17 C.F.R. § 35.151(c) and its Appendix, copied below, at all intersections of the streets, roads, and

18 highways constructed or altered since January 26, 1992, that have curbs or other barriers from a street

19 level pedestrian walkway, and at all places where a street level pedestrian walkway constructed or

20 altered since January 26, 1992, intersects with a street, road, or highway.

21

Date of Construction or Alteration

Applicable Standards

22

Before September 15, 2010

1991 ADA Standards or Uniform Federal Accessibility Standards (“UFAS”)

On or after September 15, 2010, and

1991 ADA Standards, UFAS, or 2010

23

before March 15, 2012

ADA Standards

24

On or after March 15, 2012

2010 ADA Standards

25

26

38. Annually, the ILA will confirm to the United States that the County has provided curb

27 ramps or other sloped areas where required that are in compliance with the applicable architectural

28 standards in accordance with the approved plan and its timetable. If the County fails to comply with the

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 11 of 20

1 approved plan and its timetable, the United States may file a motion to enforce this Consent Decree

2 pursuant to paragraph 63.

3

39. Following entry of this Consent Decree, whenever a street, road, highway, or street level

4 pedestrian walkway intersecting with a street, road or highway is constructed or altered, the County will

5 provide curb ramps or other sloped areas complying with the 2010 ADA Standards at any intersection

6 having curbs or other barriers to entry from a street level pedestrian walkway. Annually, the ILA will

7 confirm to the United States that the County has provided curb ramps or other sloped areas where

8 required that comply with the 2010 ADA Standards.

9

L. WEB-BASED SERVICES AND PROGRAMS

10

40. Within three (3) months of the entry of this Consent Decree, the County will:

11

a) Designate an employee as the Web Accessibility Coordinator for the County who

12 will be responsible for coordinating the County’s compliance with the requirements of this section,

13 Section L, of this Consent Decree. The Web Accessibility Coordinator will have experience with the

14 requirements of Title II of the ADA, the Web Content Accessibility Guidelines (“WCAG”) version 2.0

15 (published by the World Wide Web Consortium (“W3C”), Web Accessibility Initiative (“WAI”),

16 available at www.w3.org/TR/WCAG) and website accessibility generally; and

17

b) Retain an independent consultant (“Website Accessibility Consultant”), approved

18 by the United States, who is knowledgeable about accessible website development, Title II of the ADA,

19 and WCAG 2.0 to evaluate the County’s website and any proposed online services for compliance with

20 the ADA and, at minimum, WCAG 2.0 Level A and Level AA Success Criteria and other Conformance

21 Requirements (“WCAG 2.0 AA”), and who will be responsible for the annual website accessibility

22 evaluation described in detail in paragraph 41(d). The County will bear all costs and expenses of

23 retaining and utilizing this Website Accessibility Consultant, including the costs and expenses of any

24 staff needed by the Website Accessibility Consultant. The County will compensate this Website

25 Accessibility Consultant without regard to the outcome.

26

41. Within two (2) months of the entry of this Consent Decree, and annually thereafter, the

27 County will:

28 //

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 12 of 20

1

a) Adopt, implement, and post online a policy that its web pages will conform with

2 WCAG 2.0 AA;

3

b) Distribute the policy to all employees and contractors who design, develop,

4 maintain, or otherwise have responsibility for its websites, or provide website content, technical support,

5 or customer service;

6

c) Provide training to website content personnel on how to conform all web content

7 and services with, at minimum, WCAG 2.0 AA, Title II of the ADA, and the terms of this Consent

8 Decree;

9

d) Assess all existing web content and online services covered by this Consent

10 Decree for conformance with WCAG 2.0 AA and perform automated accessibility tests of the County’s

11 website and all of its online services, using an automated tool approved by the United States, to identify

12 any accessibility barriers;

13

e) Provide a notice, prominently and directly linked from its homepage, instructing

14 visitors to its websites on how to request accessible information. The link will provide several methods

15 to request accessible information, including an accessible form to submit feedback, an email address,

16 and a toll-free phone number to contact personnel knowledgeable about the accessibility of the website;

17 and

18

f) Provide a notice, prominently and directly linked from its homepage, soliciting

19 feedback from visitors to its websites on how to improve website accessibility. The link will provide

20 several methods to provide feedback, including an accessible form to submit feedback, an email address,

21 and a toll-free phone number to contact personnel knowledgeable about the accessibility of the website.

22

42. Within twelve (12) months of the entry of this Consent Decree, the County will:

23

a) Ensure that its websites and all online services, including those websites or online

24 services provided by third parties upon which the County relies to allow members of the public to

25 participate in or benefit from the County’s programs, services, or activities, comply with WCAG 2.0

26 AA, with the exception of the following categories of content:

27

(1) Archived web content, i.e., content maintained exclusively for reference,

28 research, or recordkeeping, which is not altered or updated after the date of archiving, and which is

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 13 of 20

1 organized and stored in a dedicated area or areas clearly identified as being archived;

2

(2) Conventional electronic documents (i.e., portable document file (PDF),

3 word processor, presentation, spreadsheet, and database file formats) available on the County’s websites

4 as of the entry of this Consent Decree, unless such documents are to be used by members of the public

5 to apply for, gain access to, or participate in the County’s programs, services, or activities; and

6

(3) Conventional electronic documents (i.e., PDF, word processor,

7 presentation, spreadsheet, and database file formats) or any other submissions by a third party in

8 connection with an administrative, judicial, or legal proceeding that are available on the County’s

9 websites; and

10

b) Assess all proposed online services before they are made available to the public

11 for conformance with WCAG 2.0 AA and perform automated accessibility tests, using an automated

12 tool approved by the United States, to identify any accessibility barriers.

13

M. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO

14

FACILITIES

15

43. All construction and alterations to County buildings and facilities by the County or on its

16 behalf will comply with the requirements of 28 C.F.R. § 35.151, including applicable architectural

17 standards. All architectural changes by the County or on its behalf made on or after March 15, 2012,

18 must comply with the 2010 ADA Standards. The term “2010 ADA Standards” refers to the 2010 ADA

19 Standards for Accessible Design (28 C.F.R. § 35.104 (Title II) (defining the “2010 ADA Standards” as

20 the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained

21 in 28 C.F.R. § 35.151.)). All citations are to the 2010 ADA Standards unless otherwise noted.

22

44. The parts of a County facility that do not comply with the 1991 ADA Standards (or the

23 2010 ADA Standards, as applicable), as listed in Attachments G, H, I, and J, prevent people with

24 disabilities from fully and equally enjoying the County’s programs, services, or activities and constitute

25 discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§

26 35.149-35.151.

27

45. The County will remediate the violations listed in Attachments G, H, I, and J, by taking

28 the actions outlined in those attachments within the specified timeframes. All architectural changes by

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 14 of 20

1 the County or on its behalf made on or after March 15, 2012, must comply with the 2010 ADA

2 Standards. The County will complete all actions identified in Attachments G, H, I, and J no later than

3 thirty-three (33) months from the date of entry of this Consent Decree. Specific deadlines for each

4 facility are outlined in Attachments G, H, I, and J.

5

46. If the County has already undertaken an alteration, addition, or other modification to any

6 element identified in Attachments G, H, I, or J or otherwise after January 26, 1992, and prior to the entry

7 of this Consent Decree, the County will submit to the ILA and the United States within nine (9) months

8 a written report pursuant to paragraph 61 below summarizing the actions taken, providing ILA

9 certifications and providing evidence establishing each individual element’s compliance with the

10 applicable architectural standard as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied in the

11 table below:

12

Date of Construction or Alteration

Applicable Standards

13

Before September 15, 2010

1991 ADA Standards or UFAS

On or after September 15, 2010, and before

1991 ADA Standards, UFAS,

14

March 15, 2012

or 2010 ADA Standards

15

On or after March 15, 2012

2010 ADA Standards

16

17

47. Within nine (9) months of the entry of this Consent Decree, the County will have the ILA

18 survey all facilities that are the subject of this Consent Decree for the purpose of identifying those that

19 have multiple entrances not all of which are accessible. Also within nine (9) months of the entry of this

20 Consent Decree, the County will install directional signage at all inaccessible entrances to each of its

21 facilities and will place the international symbol for accessibility at each accessible entrance to a facility,

22 in accordance with 28 C.F.R. § 35.163(b).

23

48. Newly Constructed Facilities: The County will take the actions listed in Attachment G to

24 make County facilities for which construction was commenced after January 26, 1992, readily

25 accessible to and usable by people with disabilities.

26

49. Altered Facilities: The County will take the actions listed in Attachment H to make the

27 altered parts of the County facilities for which alterations commenced after January 26, 1992, readily

28 accessible to and usable by people with disabilities.

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 15 of 20

1

50. Program Access in Existing Facilities: The County will take the actions listed in

2 Attachment I to make each of the County’s programs, services, and activities operating at a facility that

3 is the subject of this Consent Decree, when viewed in its entirety, readily accessible to and usable by

4 people with disabilities.

5

51. County Facilities and Programs that Are Not Listed in This Consent Decree: The County

6 and the ILA will ensure compliance with the requirements of Title II for all of the County facilities and

7 programs that are not listed in this Consent Decree and its attachments. The ILA will survey all the

8 County’s facilities for compliance with Title II of the ADA that the United States did not list in this

9 Consent Decree. Within nine (9) months of the entry of this Consent Decree, the County and ILA will

10 submit to the United States a detailed report from the ILA listing the access issues identified during the

11 ILA’s review together with the corrective actions and completion dates proposed to resolve such issues.

12 The proposed completion dates may be no later than twelve (12) months prior to the termination of this

13 Consent Decree. The survey conducted by the ILA, the access issues identified, and the corrective

14 actions and completion dates proposed will be consistent with the requirements of Title II; the review of

15 the County facilities and programs conducted by the United States for purposes of this Consent Decree;

16 and the access issues, corrective actions, and completion dates reflected in Attachments G, H, I, and J.

17

N. PROGRAM MODIFICATIONS

18

52. Access to County Programs Housed in Non-County Owned Facilities: To ensure that the

19 County’s programs, services, and activities that are the subject of this Consent Decree and that are

20 operated by the County at facilities owned or controlled by other entities, when viewed in their entirety,

21 are readily accessible to and usable by people with mobility impairments, the County will take the

22 actions listed in Attachment J.

23

O. MONETARY RELIEF

24

53. Within ten (10) business days after the entry of this Consent Decree, the County will

25 deposit Two Hundred Seventy-Five Thousand Dollars ($275,000) in an interest-bearing account for the

26 purpose of compensating aggrieved persons who have been harmed by the County’s noncompliance

27 with the ADA. Within fifteen (15) business days after the entry of this Consent Decree, the County will

28 submit proof to the United States that the account has been established and the funds deposited. The

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 16 of 20

1 County will bear all costs of establishing the account, maintaining it, and issuing checks from it. Copies

2 of account statements will be promptly provided to the United States, upon request.

3

54. Within thirty (30) days after the entry of this Consent Decree, the County will produce to

4 the United States any complaints about access to any County facilities, programs, services, or activities

5 that it has received from or on behalf of an individual alleged to have a disability.

6

55. Within ninety (90) days of the effective date of this Consent Decree, the United States

7 will determine which persons have already been harmed by ADA violations in the County and will

8 determine in its sole discretion an appropriate amount of damages to be awarded each such person,

9 provided that: No person will be paid pursuant to this Section of the Consent Decree until the United

10 States has received an executed “Waiver and Release of Claims” form from that person that is

11 substantially similar to the form attached as Attachment K. The total amount to be paid by the County

12 pursuant to this Section of the Consent Decree will not exceed Two Hundred Seventy-Five Thousand

13 Dollars ($275,000) plus any interest accrued in the account established under paragraph 53.

14

56. The United States will notify the County in writing in one or more notifications of its

15 determinations of the amount to be paid to each aggrieved person. Within thirty (30) days after

16 receiving each such written notification, the County will deliver to the United States checks to the

17 aggrieved persons made payable as directed by the United States. The United States will provide a copy

18 of the executed “Waiver and Release of Claims” forms before sending checks to the aggrieved persons.

19

57. The United States may also seek compensation in the future for individuals aggrieved by

20 non-compliance with the Consent Decree. The Court shall have jurisdiction over any such claims.

21

P. MAINTENANCE OF ACCESSIBLE FEATURES AND TRAINING

22

58. Throughout the term of this Consent Decree, consistent with 28 C.F.R. § 35.133(a), the

23 County will maintain the accessibility of its programs, services, activities, facilities, and equipment,

24 including routinely testing accessibility equipment and routinely auditing the accessibility of its

25 programs and facilities. This provision, however, does not prohibit isolated or temporary interruptions

26 in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

27

59. Within nine (9) months of the entry of this Consent Decree, the County will submit for

28 pre-approval by the United States a proposed training program, lasting at least four hours, on the

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 17 of 20

1 requirements of the ADA and appropriate ways of serving people with disabilities. The submission will

2 include a description of the training, the agenda, any handouts, and the name, title, and address of the

3 trainer.

4

60. Within one (1) year of the entry of this Consent Decree and annually thereafter, after

5 approval of the training program by the United States, all County employees who have direct contact

6 with members of the public will be trained for at least four hours on the requirements of the ADA and

7 appropriate ways of serving people with disabilities. Within thirty (30) days after each training the

8 County will submit to the United States the list of employees trained.

9

61. Beginning six (6) months after the entry of this Consent Decree and every six (6) months

10 thereafter throughout the term of this Consent Decree, the County will submit written reports to the

11 United States summarizing the actions taken by the County to comply with this Consent Decree,

12 including modified facilities, programs, services, and activities. The report will include the ILA

13 certifications received pursuant to paragraphs 16 through 18 of this Consent Decree, photographs

14 showing measurements, architectural plans, notices published in the newspaper, copies of adopted

15 policies and a copy of any other documents or information required by this Consent Decree. The reports

16 will include input from the County’s ADA Coordinators.

17

Q. COMPLIANCE

18

62. It is a violation of this Consent Decree for the County to fail to comply in a timely

19 manner with any of the requirements of this Consent Decree.

20

63. The United States may review compliance with this Consent Decree at any time and may

21 file a motion to enforce this Consent Decree if it believes that the Consent Decree, or any requirement

22 thereof, has been violated. The United States may conduct an on-site review of any County facility,

23 review any County records related to actions required by the Consent Decree, and interview any County

24 employees or contractors for purposes of reviewing compliance with this Consent Decree and ADA

25 requirements, including the requirements of the ADA Standards. If the United States identifies any

26 noncompliance with the Consent Decree or the ADA Standards, the County must correct its

27 noncompliance within thirty (30) days of receipt of notice of noncompliance from the United States or

28 the United States may seek the Court’s assistance to enforce this Consent Decree.

Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 18 of 20

1

64. Any time limits for performance imposed by this Consent Decree may be extended by the

2 mutual written agreement of the Parties, except for the term of this Consent Decree in paragraph 70.

3

65. Failure by the United States to enforce this Consent Decree or any of its provisions or

4 deadlines will not be construed as a waiver of the right of the United States to enforce any deadlines and

5 provisions of this Consent Decree.

6

66. All material sent to the United States pursuant to this Consent Decree will be sent to the

7 following address by common carrier, delivery prepaid: U.S. Department of Justice, Civil Rights

8 Division, Disability Rights Section, Attn: Dov Lutzker, Trial Attorney, 1425 New York Avenue, NW,

9 Washington, DC 20005, or by email at dov.lutzker@usdoj.gov. The cover letter will include a subject

10 line referencing Humboldt County and DJ# 204-11-275.

11

67. This Consent Decree (including its Attachments) is the entire agreed order between the

12 parties on the matters raised herein, and no other statement, promise, or agreement, either written or

13 oral, made by either party will be enforceable. This Consent Decree does not relieve the County of its

14 continuing obligation to comply with all aspects of the ADA.

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68. The County will provide a copy of this Consent Decree and any information contained in

16 it, including Attachments A through K, to any person, upon request.

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69. This Consent Decree is binding on Humboldt County, and its agents, officers, employees,

18 contractors, and successors in interest.

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70. This Consent Decree will remain in effect for a minimum of forty-two (42) months. The

20 Court shall retain continuing and exclusive jurisdiction for the duration of the Decree to enforce the

21 terms of the Decree. The United States and/or the County may apply to the Court for such further orders

22 as may be necessary for, or consistent with, the enforcement of this Decree, including an extension of

23 the Consent Decree if the County fails to comply with the provisions herein.

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IT IS SO ORDERED.

3 Dated: September 13, 2016 4 5

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NANDOR J. VADAS United States Magistrate Judge

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7 By their signatures below, the Parties respectfully consent to the entry of this Consent Decree.

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Case 1:16-cv-05139-NJV Document 13 Filed 09/13/16 Page 20 of 20

1 FOR HUMBOLDT COUNTY BOARD OF SUPERVISORS:
2 3 /s/Mark Lovelace 4 MARK LOVELACE
Chair 5 Humboldt County Board of Supervisors 6 Date August 9, 2016 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

FOR THE UNITED STATES OF AMERICA:
VANITA GUPTA Principal Deputy Assistant Attorney General Civil Rights Division
EVE L. HILL Deputy Assistant Attorney General Civil Rights Division
BRIAN J. STRETCH United States Attorney Northern District of California
REBECCA B. BOND Chief KEVIN J. KIJEWSKI Deputy Chief Disability Rights Section Civil Rights Division
/s/Dov Lutzker DOV LUTZKER, Trial Attorney California Bar 185106 Disability Rights Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. – NYA Washington, DC 20530 Telephone: (202) 514-5746 Facsimile: (202) 514-7821 Dov.Lutzker@usdoj.gov
SARA WINSLOW Chief Civil Division Assistant United States Attorney
/s/Melanie Proctor_________________________ MELANIE PROCTOR Assistant United States Attorney United States Attorney’s Office Northern District of California 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: (415) 436-6730 Facsimile: (415) 436-6748 Melanie.Proctor@usdoj.gov
Date September 7, 2016____________________

 
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SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HUMBOLDT COUNTY, CALIFORNIA
UNDER THE AMERICANS WITH DISABILITIES ACT DJ 204­11­275

Settlement Department of Justice Press Release
BACKGROUND
SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this matter as a compliance review of Humboldt County, California (County) under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131­12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the County 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 County's compliance with the following title II requirements:

to conduct a self­evaluation 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 County'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 County'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. § 35.150, 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, and

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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, 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. § 101­19.6, 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 computer­to­telephone emergency services, including 9­1­1 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 County'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: Humboldt County Correctional Facility, the Regional Juvenile Facility, Humboldt County Main Library, Child Support Services, the County Fairgrounds, the Sheriff's Substation in McKinleyville, the McKinleyville Library, Clam Beach Park, Humboldt County Animal Shelter, Fields Landing, the County Courthouse, Healthy Moms, Juvenile Hall, Department of Health and Human Services, Redwood Regional Development, and Social Services located in Building C.
The Department's program access review covered those of the County's programs, services, and activities that operate in the following facilities: the Humboldt County Courthouse, Department of Public Health, Public Works, the Clark Complex, the Public Defenders Office, Social Services Building B, Social Services Building A, Social Services Buildings D and G, Juvenile Probation Office, Mental Health ­ Child Youth and Family Services, Environmental Health ­ Public Health, Conflict Counsel, Victim Witness Program, the Public Guardian, Social Services ­ Visitation, the Garberville Library, the Veterans Hall/Municipal Court in Garberville, the County Health Offices in Garberville, the Sheriff's Substation in Garberville, A.W. Way County Park in Petrolia, Humboldt County Fairgrounds, Pace Program, the Probation Department, the Rio Dell Library (exterior only), the Trinidad Library (exterior only), Luffenholtz Park, the SCOP Office in Willow Creek, the Public Health Office in Willow Creek, the Willow Creek Library, the Blue Lake Library, Veterans Hall in Ferndale, the Fortuna Public Library, the Ferndale Public Library, the Public Health (WIC) Office in Fortuna, the Veterans Memorial Building in Fortuna, Freshwater Park, and the Arcata ­ Eureka Airport.

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The Department conducted a program access review of the following polling places: South

Fork High School, Redwood Empire Lodge, Healy Senior Center, Scotia Fire Hall, Monument Middle

School, Azalea Hall and Senior Center, National Guard Armory, Eureka City Hall, Department of

Education, Fortuna City Hall, Prasch Hall, This review was limited to the areas of the facilities used by

the voting public: parking, the route from the parking area to the area used for voting, and the area used

for voting.

The Department also conducted a program access review of the following facilities that are designated as emergency shelters: Humboldt County Fairgrounds. This review was limited to the areas of the facilities 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 County's policies and procedures regarding 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 County's Sheriff's Department's policies and procedures regarding providing effective communication to persons who are deaf or hard­of­hearing.

JURISDICTION

1. The ADA applies to the County because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the County 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.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the County'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 County 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.

4. The parties to this Agreement are the United States of America and Humboldt County, California.

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. 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."

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ACTIONS TAKEN BY COUNTY

7. The County has a designated ADA Coordinator.
8. The County performed a Self­Evaluation and developed a Transition Plan.
9. The County has renovated the County Courthouse and the Detention Facility for greater accessibility.
10. The County Fairgrounds have been undergoing renovations to improve accessibility.
11. County Polling places were reviewed by the Attorney General's Office for the State of California.

REMEDIAL ACTION GENERAL EFFECTIVE COMMUNICATION PROVISIONS

12. Within six months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real­time 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, real­time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).
13. The County will take steps to ensure that all appropriate employees are trained and practiced in using the California Relay Service to make and receive calls.

9­1­1

14. Within three months of the effective date of this Agreement, the County will ensure that each 9­1­1 call station is equipped with a TTY or computer equivalent.
15. Within three months of the effective date of this Agreement, the County will develop procedures for answering 9­1­1 calls that include training all call takers to use a TTY to take 9­1­1 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.
16. The County will monitor its incoming 9­1­1 TTY calls to ensure they are answered as quickly and accurately as other calls received.
17. The County will incorporate correct TTY call­taking procedures into 9­1­1 call takers' performance evaluations and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call­taking consistent with the training and procedures. The County will implement and report to the Department its evaluation and procedures within six months of the effective date of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

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18. Within three months of the effective date of this Agreement, the County will adapt for its own use and implement the Humboldt County Sheriff's Office Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all Sheriff's officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].
19. Within six months of the effective date of this Agreement, the County 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, twenty­four hours per day, seven days a week, to its Sheriff's Office or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).
20. Within six months of the effective date of this Agreement, the County will ensure that each sheriff station or substation and each jail and 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 time­limited, the County 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

21. Within six months of the effective date of this Agreement, the County will amend its employment policies, 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 County:
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 County may ask the individual for information necessary to determine if the individual has a disability­related 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

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County's selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job­related and consistent with business necessity.

POLLING PLACES

22. Some of the County polling places may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, would be subject to the obligation to provide program access or to remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.
23. Barriers to access at the polling places not owned by the County that were surveyed by the Department are noted in Attachment E. Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the polling places listed in Attachment E remove the noted barriers to access for persons with disabilities within one year of the effective date of this Agreement. The County will provide a copy of the Department's ADA Checklist for Polling Places (www.ada.gov/votingck.htm) with the written request. The County will simultaneously send a courtesy copy of the request to the Department.
24. Before designating any site as a new polling place, the County will survey the site using the survey instrument at Attachment F to determine whether the site contains barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, or voting area. The County will not designate any such site as a polling place until all such barriers have been removed.
25. The Department surveyed certain of the County's polling places. Barriers to access at such polling places owned by the County and the dates by which the County will remove barriers are noted in Attachments I, J, and K.
26. Within 18 months of the effective date of this Agreement, using the survey instrument at Attachment F, the County will survey all polling places not surveyed by the Department to identify barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, and voting area. Within 24 months of the effective date of this Agreement, for each such polling place, the County will then either (1) ensure that all barriers to access by people with disabilities have been removed or (2) identify an alternate polling place with no barriers to access by people with disabilities. That identification of accessible polling places will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change each new inaccessible polling place to a new accessible location. Under this provision of the Agreement, the County will ensure that barriers at each polling place the Department did not survey are either removed or a substitute accessible polling place is in operation before the next election occurring more then 24 months after the effective date of this Agreement.
27. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, interior routes to the voting area, and voting area, prior to each election, the County will identify and widely publicize to the public and to persons with disabilities and

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organizations serving them the most accessible polling place(s) for each precinct or voting district.
28. By the November 2007 Elections, the County will provide opportunities for same­day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route to entrance, entrance, interior route to the voting area, and voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, allowing individuals with disabilities to vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), providing curbside voting at the inaccessible polling place, or any other method that ensures that voters with disabilities have the same degree of information available to them when casting their ballots as others. If curbside assistance is provided and a polling place official is not stationed outside to provide assistance to people with disabilities in curbside voting, it must include a reliable, effective mechanism by which individuals with disabilities can summon election officials to provide curbside assistance without leaving their vehicles and ensure prompt response and assistance with curbside voting from polling officials.
29. Within three months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report to the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.
30. Within three months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and computer disk.
31. Within the month prior to the next election that utilizes the County's polling places, and at yearly anniversaries of the effective date of this Agreement until it expires, the County will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non­standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).
EMERGENCY MANAGEMENT PROCEDURES AND POLICIES
32. If the County 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 County will ensure that the other entity complies with the following provisions on its behalf.
33. Within six months of the effective date of this Agreement, the County 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

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regarding all phases of its emergency management plan (preparation, notification, response, and clean up).
34. Within six months of the effective date of this Agreement, the County 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 self­evacuate 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 County 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 County plan should address accessible transportation needs for persons with disabilities.
35. Within 12 months of the effective date of this Agreement, the County 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 auto­dialed TTY messages to pre­ registered individuals who are deaf or hard of hearing, text messaging, e­mails, open­ captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower­tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.
36. Within six months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back­up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life­sustaining 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 shelter(s).
37. Within six months of the effective date of this Agreement, the County 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 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.
38. Some of the of the County'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.

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39. 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 serving the shelter area, the County will identify and widely publicize to the public and to persons with disabilities and the organizations that serve them the most accessible emergency shelters.
40. To the extent that the County provides opportunities for post­emergency temporary housing to its residents, within six 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 post­emergency temporary housing to persons with disabilities. Within 18 months of the effective date of this Agreement, the County 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
41. Within three months of the effective date of this Agreement, the County 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.
42. Within three months of the effective date of this Agreement, the County 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 County 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.
43. Beginning no later than three months after the effective date of this Agreement, the County 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.
44. Within three months of the effective date of this Agreement, the County 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 County 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.

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45. Beginning no later than three months after the effective date of this Agreement, the County 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.
WEB­BASED SERVICES AND PROGRAMS
46. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County 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 County (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).
47. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following: A. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
B. Ensure that all new and modified web pages and content are accessible;
C. Develop and implement a plan for making existing web content more accessible;
D. Provide a way for online visitors to request accessible information or services by posting a telephone number or e­mail address on its home page; and
E. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.

PHYSICAL CHANGES TO FACILITIES

48. The elements or features of the County'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 County'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.

49. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

50. Within six months of the effective date of this Agreement, the County 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.

51. Newly Constructed Facilities: In order to ensure that the spaces and elements in County

facilities that are subjects of this Agreement, for which construction was commenced after

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January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I.
52. Altered Facilities: In order to ensure that the spaces and elements in County facilities that are subjects of this Agreement, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J.
53. Program Access in County Existing Facilities: In order to ensure that each of the County'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 County will take the actions listed in Attachment K.

PROGRAM MODIFICATIONS

54. Access to County Programs Housed in Others' Facilities: In order to ensure that the County's programs, services, and activities that are the subject of this Agreement and that are operated by the County 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 County will take the actions listed in Attachment L.

PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE

55. If the County owns or operates any 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"), within three months of the effective date of this Agreement, it will do the following:
A. 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.

B. 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.

C. If the County's Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County shall ensure that it provides equivalent

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service for persons who use TTY's, including providing direct­connection 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 County will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by Hotline staff with direct­connection callers using TTY's, as well as the training necessary to respond to callers who use the Telecommunication Relay Services.

D. 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, the County 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 County's Domestic Violence Programs.

E. 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 County's Domestic Violence Programs on the basis of disability.

F. 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 County'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 County'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.

G. Implement written procedures to ensure that reasonable modifications are made to

the County's Domestic Violence Programs when necessary for a client or family

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member with a disability to participate in such Programs, unless doing so would fundamentally alter the nature of the program.
H. Implement written policies to ensure that despite any "drug­free" policy of the County'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.
56. If the County contracts with another entity to provide or operate 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 County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities.
57. Some of the County'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.
58. This Agreement shall not be construed to require the County 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
59. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County 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.
60. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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).
61. Within six months of the effective date of this Agreement, the County will develop or procure a two­hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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.

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62. Within 18 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County 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
63. If at any time the County 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.
64. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 County, 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
65. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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.
66. 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.
67. 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 County or the Department on request.
68. 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
69. This Agreement will remain in effect for three years.

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70. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.
71. The effective date of this Agreement is the date of the last signature below.

For Humboldt County:

For the United States:
GRACE CHUNG BECKER, Acting Assistant Attorney General for Civil Rights

By:____________________________ JILL GEIST, Chair Humboldt County Board of Supervisors

By:
By:_____________________________ JOHN L. WODATCH, Chief JEANINE WORDEN, Deputy Chief NAOMI H. MILTON Supervisory Attorney AMELIA M. EDUARDO, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section ­ NYA Washington, DC 20530 (202) 307­0663

Date: ___________________________

Date: 7/23/2008

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