Tentative deal set over ADA violations

Tuesday, Sept. 20, 2005 | 11:10 a.m.

North Las Vegas has reached a tentative agreement with the Justice Department that will cost the city about $2 million over the next two to three years to address violations of the Americans with Disability Act.

The 1990 federal law requires local governments improve access for the disabled to government facilities and programs.

The agreement, which the city's staff has recommended the City Council ratify, has already cost the city $80,000. North Las Vegas has budgeted $655,000 in the current budget and projects a similar amount will be needed in the next two years to comply with the disabilities act.

North Las Vegas City Manager Gregory Rose said the city doesn't know what the total cost will be because it plans to go beyond the minimum requirements in providing for the needs of the disabled. Rose, who became city manager in October 2003, said the city didn't do anything blatant but is to blame for not placing a high enough emphasis on complying with the law.

"If we live long enough, all of us will be disabled at some point," Rose said. "This is the right thing to do."

North Las Vegas came under fire from the Justice Department after federal officials conducted a January 2004 review of 75 percent of the city's parks and facilities and found 182 violations of the Americans with Disabilities Act.

The violations included the absence of an accessible drinking fountain at City Hall, a need for restroom improvements and for fixing sidewalks where street lights or signage hindered the mobility by wheelchair users. Sidewalks will have to be expanded or signs moved.

Rose said it will be costly, but the city can afford the upgrades by spreading out the improvements rather than doing them all at once. He said the city is making a good-faith effort to correct the violations in the next two to three years, and if that can't be done, an extension will be requested from the federal government.

A spokesman for the Justice Department declined to comment on the tentative settlement agreement.

The Justice Department can file lawsuits in federal court to enforce the ADA requirements and can seek fines of up to $55,000 for the first violation and $110,000 for subsequent violations.

Las Vegas attorney Marina Kolias has sued North Las Vegas, alleging the city violated her two clients' civil rights when its Police Department failed to provide a sign language interpreter during an arrest. She said the city still needs to do more and do it more quickly, but she is glad that North Las Vegas finally is taking some remedial steps.

"What North Las Vegas is doing is too little, but it is never too late for any steps or efforts to advance assistance to persons with disabilities. It is appreciated and a step in the right direction," Kolias said.

The agreement calls on the city to implement a policy for police officers communicating with those who are deaf and hiring a sign-language interpreter who is available 24 hours a day. It also requires the city to equip its police and detention facilities with a telecommunciations device for the deaf.

Kolias said the city should move faster than six months and she fears the city will use an outdated technology that won't help the deaf communicate with family members.

Facilities constructed after Jan. 26, 1992, must comply with the ADA standards. That includes improving access for wheelchair users to a counter, drinking fountains, bathrooms, corridors and parking lots. During the construction of its new justice facility that opened in May, North Las Vegas had to make changes in its construction plans to comply with the ADA.

When streets are resurfaced, cities are required to reconfigure sidewalks and curbs to accommodate wheelchairs. During the last decade, city officials said they have spent more than $1.4 million for ramp improvements.

Under the ADA, all government activities, services and programs are covered. That includes employment, public meetings, court activities and programs of police, fire, voting, parks and recreation departments.