Virginia Beach needs to improve building accessibility after settlement with DOJ

Stacy Parker, The Virginian-Pilot
·4 min read

VIRGINIA BEACH — A U.S. Department of Justice evaluation of a dozen Virginia Beach facilities found that the city is not in compliance with the American Disabilities Act and will need to make changes to those buildings and others.

It could cost millions of dollars and take several years for the city to reach compliance with its facilities, sidewalks, web-based services and emergency operation plans as part of a settlement agreement with the DOJ.

“Ensuring that individuals who have disabilities are afforded equal access to local government programs and services is required by the ADA and a high priority of the U.S. Attorney’s Office,” said U.S. Attorney Jessica D. Aber, in a DOJ press release dated April 18. “We are pleased that the City of Virginia Beach has agreed to take numerous steps to ensure that individuals with disabilities, including Veterans, have equal access to vital public services, including emergency services and the City’s website.”

The city agreed to enter into a consent decree to address areas where need for improvement was noted, according to City Attorney Mark Stiles. The City Council approved the settlement agreement on its consent agenda April 16.

The DOJ audit began in 2018 as part of the department’s larger, ongoing effort to evaluate public entities and facilities across the country for ADA compliance.

The DOJ evaluated Virginia Beach buildings including the aquarium, convention center, a police station, a library and a recreation center. The evaluations were meant to determine if facilities are readily accessible to and usable by people with disabilities; that signage at all inaccessible entrances direct users to an accessible entrance; and that communications with people with disabilities are as effective as communications with others.

In the convention center, one example of noncompliance is the elevator has no procedure in place to respond to silent calls and the water supply and drain pipes are exposed and need to be protected against contact. At the farmer’s market, there’s no accessible route to the outdoor dance pad or picnic tables, according to documents filed in court as part of the settlement agreement.

The U.S. attorney general will refrain from filing a civil lawsuit but will keep the case open while the city makes the required changes, according to the agreement. When all of the DOJ’s orders are completed and the department approves, the consent decree will end.

Virginia Beach will be responsible for evaluating all of its additional buildings and taking corrective action to remedy any accessibility noncompliance issues within a limited timeframe, in accordance with the agreement. It requires the city ensure that parking, routes into buildings, entrances, restrooms, signage, service counters and drinking fountains are accessible to people with disabilities and that assembly areas provide required wheelchair and companion seating.

The agreement also requires effective communication for individuals with hearing and vision disabilities through methods such as sign language interpreters, real-time transcription services, Braille or large print documents and accessible electronic formats.

Virginia Beach will take several steps to ensure compliance including train city staff about accessibility requirements and hiring an an independent licensed architect knowledgeable in ADA to certify facility improvement efforts.

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Virginia Beach has six months to implement a written process for requesting and receiving input from people with disabilities regarding the accessibility of its sidewalks, including requests to add curb ramps at particular locations.

The agreement states that going forward the city will provide curb ramps or other sloped areas complying with ADA standards at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a street, road, or highway is constructed or altered.

The total cost of the improvements is unknown because the agreement requires future assessments and action, according to a city spokesperson. Initial price tags include $300,000 to make immediate corrections to the identified facilities, curb ramps and walkways. The city has also added $300,000 per year for six years to its Buildings and Assets capital improvement program to ensure city-owned buildings remain ADA compliant.

The department’s audit included a review of the city’s emergency management and disaster prevention policies. One of several requirements the city must met within 60 days of the agreement is emergency evacuation plans for people with mobility disabilities and those who are blind or have low vision, are deaf or hard of hearing, have cognitive disabilities, mental illness or other disabilities.

Emergency Management is hiring an ADA expert for evacuations and sheltering of residents if there is a weather or other emergency. The department received a $47,000 federal grant, which will be used for changes to ensure ADA compliance in its evacuation and sheltering procedures. The city is also in the process of securing a three-year contract for a new ADA web compliance software tool that will cost $200,000, according to the city spokesperson.

“Virginia Beach is committed to eliminating barriers for all residents, and especially our military veterans, who have contributed so much to our country and our community,” said City Manager Patrick Duhaney in a news release. “Over the next several years, we ask City staff, residents and visitors to work with us as we increase access to the world-class services the City offers.”

Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com