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Settlement Agreement for ADA Compliance with Killeen, TX

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The Justice Department (DOJ) announced a settlement with the City of Killeen, Texas, (City) for compliance with the Americans with Disabilities Act (ADA) equal access in its programs, services, facilities and activities to individuals with disabilities, including veterans. The agreement is part of the DOJ commitment to ensuring that civic institutions comply with the ADA. The City of Killeen is in Bell County, Texas. Killeen has a large population of veterans, active duty military service members, retirees and their families. It is the principal city of the Killeen-Temple- Fort Hood Metropolitan Statistical Area and is adjacent to Fort Hood military base.

This settlement agreement requires Killeen TX 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.

  • 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 Title II regulation and 2) the 1991 ADA Standards or UFAS, or the 2010 ADA Standards, as applicable, 28 C.F.R. § 35.151;

  • Make physical changes to buildings, in accordance with the DOJ 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.

  • Deliver services, programs, or activities in alternate ways, including redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance.

  • Ensure that communications with people with disabilities, including City program 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.

  • Provide direct access via TTY (text telephone) or computer-to-telephone to the City’s emergency services, including 911 services, 28 C.F.R. § 35.162.

  • Provide information for interested people with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a).

  • 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).

  • Notify applicants, participants, beneficiaries, and other interested people, including veterans with disabilities, of their rights and the City’s obligations under Title II and the DOJ regulation, 28 C.F.R. § 35.106.

  • Designate a responsible employee to coordinate its efforts to comply with and carry out the City’s ADA responsibilities, 28 C.F.R. § 35.107(a).

  • Establish a grievance procedure for resolving complaints of Title II violations, 28 C.F.R. § 35.107(b).

SUMMARY: The Justice Department (DOJ) announced a settlement with the City of Killeen, Texas, (City) for compliance with the Americans with Disabilities Act. This extensive process and the settlement agreement was preventable if the City had taken a pro-active approach to ADA compliance.

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If you observe a facility that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for facility owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

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