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Feds investigating Iowa City over ADA compliance
Josh O'Leary, Iowa City Press-Citizen 5:32 p.m. CDT September 11, 2014
http://www.press-citizen.com/story/news/local/2014/09/11/feds-investigating-iowa-city-ada-compliance/15472303/
The city of Iowa City has been the subject of a federal investigation for nearly four months, but local officials say they only became aware of the inquiry this week.
In May, the U.S. Department of Justice sent a letter to Mayor Matt Hayek stating that it had received a complaint regarding potential violations by the city of the Americans with Disabilities Act and was opening an investigation into the matter.
The complaint, submitted by the Johnson County Task Force on Aging, alleged that a substantial number of city sidewalks were lacking ADA-compliant curb ramps, restricting the mobility of those in wheelchairs and other ambulatory devices.
The office of the U.S. Attorney Southern District of Iowa told the city it had 30 days to respond to its letter and provide a response to the allegations. But it wasn't until the Press-Citizen, which had obtained a copy of the letter, made inquiries this week that city officials say they became aware of the matter.
Kevin VanderSchel, first assistant U.S. Attorney for the Southern District of Iowa, confirmed this week that the letter had been sent to the city of Iowa City. He said the "matter was not resolved" but couldn't comment further on the investigation, or whether the city could be the subject of litigation after missing the 30-day deadline.
Iowa City Manager Tom Markus said that although the city was aware that a complaint had been sent to the Department of Justice, municipal officials had not seen the letter from the U.S. Attorney's office, which was dated May 22 and addressed to the mayor at City Hall.
Hayek said he was not familiar with the letter, and Markus said it's unclear why city officials hadn't seen the notice of the investigation.
The complaint was submitted to federal officials by the Johnson County Task Force on Aging, which called the city's failure to make the repairs and modifications necessary to bring its sidewalks in compliance with the ADA an ongoing problem.
Fed letters here
http://www.documentcloud.org/documents/1297650-fedsletter1.html
http://www.documentcloud.org/documents/1297653-fedsletter2.html
"As you are aware, these ramps are not only used by the disabled, but also the elderly," Larry Kudej, chairman for the Task Force on Aging, said in a letter to Hayek earlier this year. "Iowa City has had 23 years to come into compliance and make this a user friendly community for those who rely on the wheelchair for their sole means of transportation within the city or those who depend on walkers or other mobility devices."
Kudej said this week that the complaint was prompted by community members who were frustrated by the city's slow progress on ramp repairs. The task force called on the city to allocate the funding needed to bring the city into compliance with ADA regulations.
"We're just hopeful the city will follow through," Kudej said. "They're saying they're going to make improvements, but I don't know whether that's going to happen or not."
The city, however, disputes the notion that it is not meeting federal standards for its sidewalk ramps, and officials maintain the city has proactively installed curb ramps above and beyond what is required by the ADA.
"We're confident we're compliant with all ADA laws and regulations," said Simon Andrew, an administrative analyst for the city.
The ADA requires that local governments provide curb ramps at pedestrian crossings and at public transportation stops where walkways intersect a curb. To comply with ADA requirements, the curb ramps must meet specific standards for width, slope, cross slope, placement and other features.
At the request of local cities, the Metropolitan Planning Organization of Johnson County began an inventory of existing sidewalk networks, including curb ramps, in 2012. The survey team found that of the 4,836 curb ramps in Iowa City, 75 percent were deemed to be in good condition, 20 percent in fair condition and 5 percent in poor condition.
The study also found that 44 percent of ramps had a slope that was greater than what is considered a standard slope, which can make it more difficult for people in wheelchairs to negotiate.
Andrew said the city has a biennial allotment of $100,000 to install new curb ramps or repair those that have deteriorated or don't meet ADA standards. Andrew said the next year for curb ramp projects — as well as the city's sidewalk infill projects, which include curb ramp installations — will be in 2015.
"Anytime we have an intersection brought to our attention by somebody with accessibility concerns, those are always bumped up to the top of the list," Andrew said.
Harry Olmstead, chairman of Iowa City's Human Rights Commission and a wheelchair user, says the overall state of the city's curb ramps is unacceptable. Olmstead said there are sidewalks at bus stops without ramps, new developments with ramps that aren't up to ADA standards, and ramps with cracks in need of repair.
"I'm concerned the city has had 20 years to come into ADA compliance with the curb cuts, and they're not in compliance right now," Olmstead said. "What is it going to take for the city to put forth the money to complete the job that should have been done already?"
The U.S. Attorney's office is asking the city to provide an inventory of its current sidewalks and ramps, complaints it has received over the past three years on the matter, plans for new curb ramp installations, and its response to the allegations of the Task Force on Aging's complaint, among other materials.
Markus said the city is working to provide the information as soon as possible.
Reach Josh O'Leary at 887-5415 or joleary@press-citizen.com.
Josh O'Leary, Iowa City Press-Citizen 5:32 p.m. CDT September 11, 2014
http://www.press-citizen.com/story/news/local/2014/09/11/feds-investigating-iowa-city-ada-compliance/15472303/
The city of Iowa City has been the subject of a federal investigation for nearly four months, but local officials say they only became aware of the inquiry this week.
In May, the U.S. Department of Justice sent a letter to Mayor Matt Hayek stating that it had received a complaint regarding potential violations by the city of the Americans with Disabilities Act and was opening an investigation into the matter.
The complaint, submitted by the Johnson County Task Force on Aging, alleged that a substantial number of city sidewalks were lacking ADA-compliant curb ramps, restricting the mobility of those in wheelchairs and other ambulatory devices.
The office of the U.S. Attorney Southern District of Iowa told the city it had 30 days to respond to its letter and provide a response to the allegations. But it wasn't until the Press-Citizen, which had obtained a copy of the letter, made inquiries this week that city officials say they became aware of the matter.
Kevin VanderSchel, first assistant U.S. Attorney for the Southern District of Iowa, confirmed this week that the letter had been sent to the city of Iowa City. He said the "matter was not resolved" but couldn't comment further on the investigation, or whether the city could be the subject of litigation after missing the 30-day deadline.
Iowa City Manager Tom Markus said that although the city was aware that a complaint had been sent to the Department of Justice, municipal officials had not seen the letter from the U.S. Attorney's office, which was dated May 22 and addressed to the mayor at City Hall.
Hayek said he was not familiar with the letter, and Markus said it's unclear why city officials hadn't seen the notice of the investigation.
The complaint was submitted to federal officials by the Johnson County Task Force on Aging, which called the city's failure to make the repairs and modifications necessary to bring its sidewalks in compliance with the ADA an ongoing problem.
Fed letters here
http://www.documentcloud.org/documents/1297650-fedsletter1.html
http://www.documentcloud.org/documents/1297653-fedsletter2.html
"As you are aware, these ramps are not only used by the disabled, but also the elderly," Larry Kudej, chairman for the Task Force on Aging, said in a letter to Hayek earlier this year. "Iowa City has had 23 years to come into compliance and make this a user friendly community for those who rely on the wheelchair for their sole means of transportation within the city or those who depend on walkers or other mobility devices."
Kudej said this week that the complaint was prompted by community members who were frustrated by the city's slow progress on ramp repairs. The task force called on the city to allocate the funding needed to bring the city into compliance with ADA regulations.
"We're just hopeful the city will follow through," Kudej said. "They're saying they're going to make improvements, but I don't know whether that's going to happen or not."
The city, however, disputes the notion that it is not meeting federal standards for its sidewalk ramps, and officials maintain the city has proactively installed curb ramps above and beyond what is required by the ADA.
"We're confident we're compliant with all ADA laws and regulations," said Simon Andrew, an administrative analyst for the city.
The ADA requires that local governments provide curb ramps at pedestrian crossings and at public transportation stops where walkways intersect a curb. To comply with ADA requirements, the curb ramps must meet specific standards for width, slope, cross slope, placement and other features.
At the request of local cities, the Metropolitan Planning Organization of Johnson County began an inventory of existing sidewalk networks, including curb ramps, in 2012. The survey team found that of the 4,836 curb ramps in Iowa City, 75 percent were deemed to be in good condition, 20 percent in fair condition and 5 percent in poor condition.
The study also found that 44 percent of ramps had a slope that was greater than what is considered a standard slope, which can make it more difficult for people in wheelchairs to negotiate.
Andrew said the city has a biennial allotment of $100,000 to install new curb ramps or repair those that have deteriorated or don't meet ADA standards. Andrew said the next year for curb ramp projects — as well as the city's sidewalk infill projects, which include curb ramp installations — will be in 2015.
"Anytime we have an intersection brought to our attention by somebody with accessibility concerns, those are always bumped up to the top of the list," Andrew said.
Harry Olmstead, chairman of Iowa City's Human Rights Commission and a wheelchair user, says the overall state of the city's curb ramps is unacceptable. Olmstead said there are sidewalks at bus stops without ramps, new developments with ramps that aren't up to ADA standards, and ramps with cracks in need of repair.
"I'm concerned the city has had 20 years to come into ADA compliance with the curb cuts, and they're not in compliance right now," Olmstead said. "What is it going to take for the city to put forth the money to complete the job that should have been done already?"
The U.S. Attorney's office is asking the city to provide an inventory of its current sidewalks and ramps, complaints it has received over the past three years on the matter, plans for new curb ramp installations, and its response to the allegations of the Task Force on Aging's complaint, among other materials.
Markus said the city is working to provide the information as soon as possible.
Reach Josh O'Leary at 887-5415 or joleary@press-citizen.com.