!i ' CITY OF MEMPHIS . I I I i : : i I . I • i i I • I ... AMERICANS WITH DISABILITIES ACT TRANSITION PLAN CITY OF MEMPHIS AMERICANS WITH DISABILITIES ACT ("ADA") TRANSITION PLAN I. STATEMENT OF THE CITY Of to those policies and practicestl1at were not MEMPHIS' COMMITMENT TO EQUAL included inthe previous self-evaluation.(A copy ACCESS AND EQUAL OPPORTUNITY of theCity's Section 504 Self-Evaluation and Transition Planunder therequirements of the OnJuly 26, 1990, theAmericans withDisabilities RehabilitationAct of 1973 is attached as Act (hereafter" ADA") was signed into law. The Appendix A.) ADA is Federal civil rights legislationwhich mandates non-discriminationto persons with B. Transition Plan Requirements disabilities. The City of Memphis (hereafter "City") wishes to comply with the ADA and to Realizing tl1at structural changes could take time protect thecivil rights of individuals with and money to provide, the DepartmentofJustice disabilities. Theterm" disabled" as used Regulations, Federal Register 28 C.F.R. Part35 throughout this document is in reference to state that "in tl1eevent thatstructural changes to individuals withdisabilities as defined by the facilitieswill be undertaken to achieve program ADA, as well as Section 504 of the Rehabilitation accessibility, a public entity tl1atemploys 50 or Act of 1973. It is theintent of theCity that more persons shall develop ... a TransitionPlan disabled citizensshare in the promise of quality of setting forth thesteps necessary to complete such life. The City endeavors to make this promise a changes." Additionally,"if a public entity has reality by ensuringthat its programs, services and responsibilityor authority over streets, roads, or activitiesare accessible to people withdisabilities. walkways, its TransitionPlan shall include a schedule for providing curb ramps or other II. ADA REQUIREMENTS sloped areas where pedestrian walkscross curbs, giving priority to walkways serving entities A. Self-Evaluation Requirements covered by the Act." Title II of theADA prohibitsdiscrimination on tl1e Pursuant to theADA regulations(28 C.F.R. § basis of disability and requires that public entities 35.150(d)(3) ), the Transition Plan must: employing more than fifty (50) persons make their 1. Identifyphysical obstacles in the public programs,, services, and activitiesaccessible to persons withdisabilities. In order to accomplish entity'sfacilities that limit the accessibility of this, theDepartment of Justicedeveloped its programs or activities toindividuals with regulations requiring public entities to conduct a disabilities; self-evaluation of the accessibility of itsprograms and services to determine whether issues of 2. Describe indetail themetl1ods to be utilized accessibility could be addressed throughchanges to make thefacilities accessible; inthe way such programs and services are provided. Public entitiesare obligated to remove 3. Specify the schedule for taking thenecessary physical obstacles which limit accessibility only steps to achieve compliance withTitle II of the when program changes cannot ensure access to ADA, and if thetime period of the transition services, programs, and activitiesin existing plan is longer tl1anone year, identifythe steps facilities.This obligation is also subjectto that will be taken during each year of the exceptionsas contained in theADA and its transitionperiod; accompanying regulationspromulgated by the Department of Justice(28 C.F.R. Part35). The 4. Indicate theofficial responsible for the plan's ADA also provides thatif public entitieshave implementation; alreadycomplied with the self-evaluation requirement of theregulations implement:L-ig Section 504 of the Rehabilitation Act of 1973, then the requirements of Title II of tl1e ADA only apply City of Memphis Americans With Disabilities Act Transition Plan 5. Include a schedule for providing curb ramps III. NOTICE OF CITY ADA POLICY & or other sloped areas where pedestrian walks DESIGNATION OF ADA cross curbs, withpriorities given in the COORDINATOR following order: The City of Memphis is required to make a. State and local governmentoffices and available to applicants, employees, participants, facilities; beneficia1ies and other interested persons b, · Transportation; information regarding tl1e requirements of Title II c. Places of publicaccommodation as of theADA and its applicability to the City's definedb y the regulations; programs, services, andactivities, and to make d. Employers; and, sucl1 informationavailable to them in whatever e. Other areas. manner may be necessary to advise such persons of the protectionsagainst discrimination assured Theregulations also provides thatif theCity has by theADA and its implementing regulations. 28 already complied with the transitionp lan C.F.R. § 35.106. A copy of theCity's Noticeof requirement of thepertinent regulations ADA Policyis contained in Appendix B. This implementingSection 504 of the Rehabilitation notice includesthe name of the official (hereafter Act of 1973, thenthe requirementsof Title II of the "ADA Coordinator") responsible forcoordinating ADA only apply to thosepolicies and practices theCity's effortsto comply witl1and carry out the that were not included in tl1e previous transition responsibilities of Title II of theADA, including plan. A copy of tl1eCity's Section 504 Transition any investigationof complaints regarding Plan under the Rehabilitation Act of 1973 is accessibility, as wellas implementing this attached as Appendix A TransitionPlan. 28 C.F.R. § § 35.107, 35.150(d)(3)(iv). C. Public Comment A public entitymust provide tl1e opportunityto interested persons, including individuals with disabilitiesor organizations representing individuals withdisabilities, to participatein the self-evaluationprocess and thedevelopment of the transitionp lan by submittingcomments. The City hereby gives thepublic, including organizations representingindividuals with disabilities, the opportunity to comment on the IV. GRIEVANCE PROCEDURES City's self-evaluationand Transition Plan. Please submit all comments in writingb y June 28, 2002 TheCity has adopted and published a grievance to: procedure providing for prompt and equitable resolutionof grievances arising under Title II of Robert L. J. Spence, Jr., City Attorney theADA and Section504 of the Rehabilitation Act. ADA Coordinator (28 C.F.R. § 35.107(b)). A copy of the City's 125 North Main Street, Room 314 Grievance Procedure is containedin Appendix C Memphis, Tennessee 38103 which explains the Grievance Procedure in full detail. A copy of the Complaint form to be used Please include your name and address along with for grievances is attached to the Grievance • your comments. If assistance isneeded in making Procedure. The grievance procedure incorporates or submitting comments, please refer to the City's tl1efollowing four components: . Noticeof ADA Policy ( Appendix B) for contact · ·informationand/ or how to obtain informationin 1. A detailed descriptionof the procedure · alternativeformats. for submittinga grievance. 2. Reasonable time frames for review and resolution of the grievance. 3. Good record-keeping for all complaints submitted and documentation of steps taken towards resolution. Page 3 City of Memphis Americans With Disabilities Act Transition Plan V, SELF-EVALUATION & a. Site: Exterior routes of travelare TRANSITION PLAN interrupted by stairs, curbs, or other changes in level; or by obstructionsor protruding TheCity has conducted a self-evaluation survey objects. Routes of travel from transportation of its pr�grams, services, and activitiesto ensur·e stops are not accessible. Curb ramps are thatthey are accessible to and usable by persons absent, or do not meet current requirements. with disabilities.The Cit y divided its self­ Accessible routes are not clearly indicated evaluationsinto thefollowing areas: 1) facilities; through signage. 2) curb ramps; and, 3) programs, services and activities not included inthe facility and curb b. Parking: The number of accessible spaces ramp evaluations. are not proportionate with thetotal numberof spaces, by current standards. Vanac cessible A. Facilities spaces are not provided. Accessible spaces do not completely conform to the current TI1eCity has approximately 473 non-compliant requirements for size, location,ma rking, and facilities.Of thesenon-compliant facilities, signage. Curb ramps do not meet current approximately 359 are public facilities. TheCity requirements. Drop-off areas are not has evaluatedapproximately 55 of thesepublic accessible. facilitiesto determine compliance withthe ADA. Theseself-evaluations are available for public c. BuildingEntrances: Entrancesare not review in theOffice of Building Designand ramped; or ramps do not meet the Constructionin the Engineering Division of the requirementsfor width, slope, cross slope, City of Memphis, 125 North Main, Room 554, landings, and/ or handrail shape and height. Memphis, Tennessee during regular business Level landingsare not provided or are not of hours. The evaluationsof thefacilities include: 1) sufficient width or depth. Doors require an identificationof the physical obstacles in each excessive effort to open, and close too quickly facility that limit accessibility to individualswith to allow safe passage. Doors are not of disabilities; and, 2) a descriptionof the methods to sufficientwidth or have knob-type handles. be used to make thefacilities accessible. 28 C.F.R. § 35.150(d)(3)(i), and (d)(3)(ii). d. Interior Signage: Accessibility information is not provided