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This involves a U.S. Department of Justice (DOJ) investigation into compliance with the Americans with Disabilities Act (ADA) by the City of Virginia Beach, Virginia. On April 18, 2024, the DOJ and Virginia Beach reached a settlement agreement. Following an investigation, DOJ concluded that the City had failed to meet the nondiscrimination requirements of the ADA, specifically in providing accessible public services and facilities to individuals with disabilities.
The settlement agreement outlined comprehensive measures Virginia Beach was required to implement to enhance accessibility. These measures included appointing ADA coordinators, training city staff on ADA requirements, and employing an Independent Licensed Architect to certify that the identified deficiencies had been corrected. The City was required to modify facilities and programs to ensure they were accessible and to adopt improved communication methods to serve people with disabilities effectively. This included updating emergency management procedures to accommodate individuals with disabilities during disasters, ensuring that all public communications were accessible, and maintaining ADA compliance in all newly constructed or altered city facilities.
Specifically, the agreement mandated the City to ensure that all public interactions and communications were as effective for people with disabilities as for others. This included the provision of auxiliary aids and services, redesigning equipment, and employing various compliance methods such as home visits or reassignment of services. The City was also required to ensure direct access via teletypewriter (TTY) or computer-to-telephone for emergency services, including 911, and provide detailed information about accessible public services and facilities.
The settlement also required Virginia Beach to revise its Emergency Operations Plan to include procedures tailored to the needs of individuals with disabilities. This included ensuring all emergency communications were accessible, implementing community evacuation plans that accommodated people with various disabilities, and ensuring that emergency shelters were equipped to meet the population’s needs, including those who required electricity for medical equipment.
In terms of physical infrastructure, the City was obligated to make all new and altered public sidewalks accessible and to install curb ramps at all intersections that met ADA standards. Additionally, the City was required to assess and improve the accessibility of web content and mobile apps, ensuring compliance with modern web accessibility standards.
Lastly, Virginia Beach was required to continuously monitor and adjust these implementations to maintain compliance throughout the agreement, which spanned three years. The City was required to report regularly on its progress, and any modifications to the agreed timelines or methods had to be mutually agreed upon.
DOJ retained the right to review compliance at any time and could enforce compliance through litigation if necessary.
Summary Authors
Carlos Larrauri (4/28/2024)
State / Territory: Virginia
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Department of Justice (DOJ), investigating and determining that Virginia Beach, Virginia, was not compliant with the Americans with Disabilities Act (ADA).
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
The City of Virginia Beach (Virginia Beach), City
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Order Duration: 2024 - 2027
Issues
General/Misc.:
Access to public accommodations - governmental
Disability and Disability Rights:
Discrimination Basis: