VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK

I. BACKGROUND

A. SCOPE OF THE INVESTIGATION

WHEREAS, this matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against the Town of Lewisboro, New York ("Lewisboro"), which was received by the Civil Rights Division of the Department under the authority of 28 C.F.R. Part 35, and was referred to the United States Attorney's Office for the Southern District of New York (the "U.S. Attorney's Office"); 

WHEREAS, the complainant alleged that at least three of Lewisboro's public structures, including the building located at 11 Main Street, South Salem, New York 10590, which houses the offices of the Supervisor, the Town Clerk and the Receiver of Taxes (the "Townhouse"), the building located at 99 Elmwood Road, South Salem, New York 10590, which houses the offices of the Assessor, the Building Department, and the Planning Board (the "Onatru Farmhouse"), and the building located at 81 Spring Street, South Salem, New York 10590, which houses Lewisboro's Police Department (the "Police Station"), are not accessible because structural barriers and other deficiencies make the programs, services, and activities offered in the buildings inaccessible to persons with mobility impairments; 

WHEREAS, the U.S. Attorney's Office's investigation was later expanded to ensure that all of Lewisboro's public structures are accessible to persons with disabilities and that persons with disabilities are not excluded from participation in, or denied the benefits of, all the services, programs, and activities offered by Lewisboro.   Specifically, the scope of the US Attorney's investigation included Lewisboro's compliance with the following title II requirements:

1. to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with Department of Justice regulations implementing title II, 28 C.F.R. Part 35 (the "title II DOJ Regulations"); see 28 C.F.R. § 35.105;

2. to notify applicants, participants, beneficiaries, and other interested persons of their rights and Lewisboro's obligations under title II and the title II DOJ Regulations; see 28 C.F.R. § 35.106;

3. to designate a responsible employee to coordinate its efforts to comply and carry out Lewisboro's ADA responsibilities; see 28 C.F.R. § 35.107(a);

4. to establish a grievance procedure for resolving complaints of violations of title II; see 28 C.F.R. § 35.107(b);

5. 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, see 28 C.F.R. § 35.150,  by:

   1. 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,

   2. physical changes to buildings (required to be made by January 26, 1995), in accordance with the title II DOJ Regulations, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");

6. 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 title II DOJ Regulations and 2) the Standards or UFAS; see 28 C.F.R. § 35.151;

7. 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;

8. where Lewisboro communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;

9. to provide information for interested persons with disabilities concerning the existence and location of Lewisboro's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and

10. 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).

The U.S. Attorney's Office's program access review included Lewisboro's programs, services, and activities that operate in the following facilities:

• the Townhouse, including the garage housing Lewisboro's Highway Department;

• the Onatru Farmhouse, including the Onatru Farm Park;

• the Police Station;

• the Lewisboro Library, located at 15 Main Street, South Salem, New York;

• Goldens Bridge Community House, located at 65 Old Bedford Road, Goldens Bridge, New York;

• Cyprus Russell Community House, located at 779 Route 35, Cross River, New York;

• Vista Community House, located at the intersection of Route 123 and East Street, Vista, New York;

• Fox Valley Park; and

• Town Park.

B. JURISDICTION

WHEREAS, title II of the ADA applies to Lewisboro because it is a "public entity;" 42 U.S.C. § 12131(1); 28 C.F.R. § 35.104; and

WHEREAS, the Attorney General, through the U.S. Attorney's Office, is authorized under 28 C.F.R. Part 35, Subpart F, to determine whether Lewisboro is in compliance with title II of the ADA and the title II DOJ Regulations, to issue findings, and, where appropriate, to negotiate and secure a voluntary compliance agreement to bring Lewisboro into compliance with title II.  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 U.S. Attorney's Office fail to secure voluntary compliance.