Chaves County, New Mexico, entered into a settlement agreement with the United States Department of Justice (DOJ) in 2015 to address violations of the Americans with Disabilities Act (ADA). This agreement outlines required actions to ensure equal access for individuals with disabilities to the County’s programs, services, activities, and facilities.
Background of the Chaves County ADA Agreement
The DOJ initiated a compliance review of Chaves County under Title II of the ADA, triggered by concerns about accessibility for people with disabilities. The review uncovered significant barriers, leading to the settlement agreement. The agreement mandates comprehensive changes in various areas, including:
- Physical Accessibility: Addressing architectural barriers in County buildings and facilities, such as courthouses, detention centers, and administrative offices.
- Program Access: Ensuring that all County programs and services, regardless of location, are accessible to individuals with disabilities. This includes areas like emergency management, voting, and domestic violence programs.
- Communication: Implementing effective communication policies and procedures for people who are deaf, hard of hearing, or have speech disabilities. This entails providing sign language interpreters, TTYs, and other assistive technologies.
- Website Accessibility: Requiring the County’s website and online services to conform to accessibility standards, ensuring usability for people with visual, auditory, and other disabilities. This involves adherence to the Web Content Accessibility Guidelines (WCAG).
Key Provisions of the Chaves County Settlement
The agreement details specific actions Chaves County must take to comply with the ADA. These include:
- Hiring an Independent Licensed Architect (ILA): An ILA, knowledgeable in ADA accessibility standards, was required to oversee and certify compliance with architectural modifications.
- Modifying Polling Places: The agreement mandates accessibility surveys of all polling locations and the removal of barriers to ensure that people with disabilities can vote independently.
- Updating Emergency Management Plans: Chaves County is required to incorporate ADA considerations into its emergency operations plan, including accessible evacuation procedures and shelters.
- Improving Communication Access: The County must provide sign language interpreters, TTYs, and other assistive communication devices for individuals who are deaf, hard of hearing, or have speech disabilities.
- Ensuring Website Accessibility: The County’s website and online services must meet WCAG standards, making online information and services accessible to everyone.
Enforcement and Monitoring
The settlement agreement is legally binding, and the DOJ has the authority to monitor Chaves County’s compliance. The agreement includes reporting requirements and allows the DOJ to conduct compliance reviews. Failure to comply with the agreement could result in further legal action.
Long-Term Impact on Chaves County
The settlement agreement with the DOJ has significantly impacted Chaves County, compelling substantial changes to ensure compliance with the ADA. This agreement serves as a crucial step towards creating a more inclusive and equitable environment for all residents and visitors, regardless of disability.
Ongoing Commitment to Accessibility
Chaves County is expected to maintain its commitment to ADA compliance beyond the terms of the settlement agreement. This requires continuous efforts to identify and remove barriers, ensure effective communication, and provide equal access to programs, services, and activities for all individuals.
