SCOPE OF THE INVESTIGATION
The United States and the City and County of Denver, Colorado (“Denver”) enter into this agreement under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the regulation implementing title II of the ADA, 28 C.F.R. Part 35.
The Disability Rights Section of the Department of Justice’s Civil Rights Division conducted this review of Denver’s compliance with the following ADA requirements:
- to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department of Justice’s ADA regulation, 28 C.F.R. § 35.105;
- to notify applicants, participants, beneficiaries, and other interested people of their rights and Denver’s obligations under the ADA and the Department of Justice’s regulation, 28 C.F.R. § 35.106;
- to designate a responsible employee to coordinate its efforts to comply with and carry out Denver’s ADA responsibilities, 28 C.F.R. § 35.107(a);
- to establish a grievance procedure for resolving complaints of violations of the ADA, 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. §§ 35.149-150, by:
- delivering 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 and/or;
- making physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department of Justice’s title II regulation, 28 C.F.R. §§ 35.150-.151, and the 1991 ADA Standards for Accessible Design (1991 ADA Standards), 28 C.F.R. Part 36, App. D (2011) or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A, and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 35.104;1
- 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 of Justice’s ADA regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151;
- to ensure that communications with people with disabilities, including applicants, participants, and members of the public, 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 computer-to-telephone emergency services, including 911 services, 28 C.F.R. § 35.162;
- to provide information for interested people with disabilities concerning the existence and location of Denver’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and
- to provide signage at all inaccessible entrances to any facility, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
The United States reviewed Denver’s compliance with the ADA’s new construction and alterations requirements at the following facilities constructed or altered after January 26, 1992: Animal Shelter, Blair Caldwell African American Library, Central Library, City of Axum Park, City/County Building, Eastside Human Services Building, Garland Park, Hadley Library, Justice Center (Van Cise-Simonet Detention Facility & Lindsay Flannigan Courthouse), Minoru Yasui Plaza, Montbello Central Park, Montbello Library, Permit Center, Police Department No. 2 – Superstation, Police Department No.3 – Superstation, Richard Castro Building, Rocky Mountain Lake Park, Schlessman Family Library, Sloan’s Lake Park, Smiley Library, Thomas Memorial Park, University Hills (Ross) Library, Woodbury Library, and the Wellington Webb Building.
The program access review covered those of Denver’s programs, services, and activities that operate in the following facilities that were constructed prior to January 26, 1992: Barnum (Ross) Library, Bible Park, Chaffee Park, Hampden Library, Police District #4, Police District #6, Taylor Municipal Building, Silverman Park, and Veterans Park.
The United States reviewed Denver’s emergency management and disaster prevention policies and Denver’s sidewalk maintenance policies to evaluate whether people with disabilities have an equal opportunity to utilize these programs.
The United States reviewed Denver’s Police Department’s policies and procedures regarding providing effective communication to people who are deaf or hard of hearing.
Click here or visit https://www.ada.gov/denver_pca/denver_sa.html to view the agreement in its entirety.