U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131- 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department), against Harris County, Texas (County). The complaint alleges that the courtrooms in and for Harris County, Texas are not accessible to people with mobility impairments. Specifically, the complaint alleges that space for wheelchair seating has not been provided in the courtrooms; the doors to the courtrooms require too much pressure to open; door hardware does not meet the requirements of the ADA; the restrooms serving the courtrooms are not accessible; and metal detectors leading to the courtrooms, where provided, are not accessible. The complaint also alleges problems with the signage serving the courtrooms and with the parking, and further alleges that people who use wheelchairs are not allowed to serve on juries. Finally, the complaint alleges that the County has not completed its self-evaluation or its transition plan as required by the ADA. The Department of Justice is authorized, under 28 CFR part 35 subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the County with title II of the ADA and the Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to subpart F. In consideration of the terms of this Agreement as set forth below, 01-07367 - 2 - the Attorney General agrees to refrain from undertaking further investigation or from filing a civil suit in this matter. The parties to this Agreement are the United States of America and Harris County, Texas, a public entity as defined by title II of the ADA. Pursuant to the provision of the ADA entitled " Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement. In order to avoid the burdens and expenses of possible litigation, the parties hereby agree as follows: 1. Title II of the ADA and its implementing regulation prohibit discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, and activities of a public entity, such as the County. 2. The County provides or makes its programs, activities, and services available in buildings at 87 locations and at approximately 45 parks. 3. The County provides judicial programs, services, and activities in approximately 106 courtrooms, including the Harris County Commissioners' Courtroom, and in the Harris County Jury Assembly Room, all located among 25 buildings. 4. The County has conducted a self-evaluation and has chosen to make the programs, services, and activities that are provided in its courtrooms available to the public by providing accessible programs in each of its courtrooms and in the Jury Assembly Room. 5. In order to address the issue of access to the programs, services, and activities located in its courtrooms and other facilities with greater specificity, the County will conduct a more thorough self-evaluation of its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of title II. In its continuing self- evaluation, the County will determine whether its programs, services and activities, when viewed in their entirety, are readily accessible to, and usable by, individuals with disabilities. The County also will examine all employment policies and practices to determine whether they comply with the ADA, and it will examine its provision of auxiliary aids and services to determine whether they are furnished where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, the County's services, programs, or activities. To the extent modification of any such services, policies, and practices is required, the County will make the necessary modifications immediately. The County will complete the self-evaluation by April 1, 1994. 6. The County will provide an additional opportunity for interested persons, including individuals with disabilities and 01-07368 - 3 - organizations representing such individuals, to participate in the more thorough self-evaluation by submitting comments or serving on work groups conducting the self-evaluation. 7. Following completion of the more thorough self- evaluation, the County will maintain on file and available for public inspection: - a list of all interested persons consulted; - a description of areas examined and any problems identified; and - a description of any modifications made. 8. If the more thorough self-evaluation indicates that structural changes to facilities are necessary to achieve program accessibility, the County will develop a transition plan, within 60 days of completion of the self-evaluation, setting forth the steps necessary to complete such structural changes and the dates for completion. The County will continue to implement any modifications to ensure program accessibility that were made as a result of the self-evaluation, as described in paragraph five of this Agreement. The County will make all structural changes identified in the transition plan that it finds are required to make its programs, activities, and services accessible to and usable by persons with disabilities by January 26, 1995, or in any event as expeditiously as possible, unless the County determines that specific changes cannot be made by January 26, 1995, because of undue financial and administrative burdens. If a structural change cannot be made by the designated date, the County will indicate by written statement the reasons why compliance by January 26, 1995, would result in undue financial and administrative burdens after considering all resources available for use in the funding and operation of the service, program, or activity. In any case, if an action would result in undue financial and administrative burdens, the County shall take any other action that would not result in such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the County. 9. Within 60 days of completing its more thorough self- evaluation, the County will provide additional training to appropriate managers and staff concerning modifications to policies, procedures and practices designed to enable individuals with disabilities to participate in the County's programs, services and activities. 01-07369 - 4 - 10. Within 15 days of completing each of the actions set forth in paragraphs five, eight, and nine, above, the County will submit a report to the Department of Justice describing the actions taken to comply with each respective paragraph. Upon request, the County will provide supporting documentation to the Department of Justice. 11. The Department of Justice may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of the Agreement in an appropriate Federal court. 12. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect 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. 13. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The County will provide a copy of this Agreement to any person upon request. 14. In the event that the County fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of the Agreement, all terms of this Agreement will become enforceable in an appropriate Federal court. 15. Harris County does not admit by the signing of this Agreement that the operation of its current services, policies, and practices, including the operation of its courtroom facilities and functions, is in violation in any respect with the ADA or its implementing regulations or that its current self- evaluation and transition plan do not comply with the ADA and its implementing regulations. 16. The effective date of this Agreement is the date of the last signature below. 17. 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, 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. 01-07370 - 5 - Executed in Duplicate Originals by Harris County on this 15th day of March , 1994. APPROVED AS TO FORM: MIKE DRISCOLL HARRIS COUNTY COUNTY ATTORNEY By: (Signature) By: (Signature) Sandra D. Hachem Jon Lindsay Assistant County Attorney County Judge Executed in duplicate originals by the United States of America on this 22nd day of March, 1994. UNITED STATES OF AMERICA By: (Signature) Merle H. Morrow, Attorney Coordination and Review Section Civil Rights Division 01-07371