U. S. Department of JusticeUnited States Aaoraey

Southern District of Iowa

Civil Division

U.S. Courthouse Annex, Suite 286I l0 East Cout Avenue

Des Moines, Iowa 50309-2053*'Ttrlililii3.3l3i

May 22,2014

Mayor Matt HayekCity of Iowa City410 East Washington Street

Iowa City, IA 52240

Dear Mayor Hayek:

In response to a complaint we received regarding the city of Iowa City, the U.S. Attomey's Officehas opened an investigation to determine whether any violations have occurred with respect to Title II ofthe Americans with Disabilities Act of 1990 (ADA),42 U.S.C. SS I2l3l-12134, and the Departnent's

implementing rcgulation, 28 C.F.R. Part 35.

The complaint alleges that a substantial number of sidewalks in Iowa City are lacking ADA-compliant curb ramps, thereby restricting mobility for individuals using ambulatory devices such as

wheelchairs. While the city has some programs in place to install curb ramps, the concem is that in the

22 years since implementation of the ADA, insufficient work has been completed to bring the city in fullcompliance with the statute. It is also alleged that although many curb ramps have been installed during

that time, many do not meet ADA Standards.

It is our understanding that Johnson County has recently conducted a survey to identifo locations

where curb ramps are needed. That is a positive step and we look forward to reviewing any plans

emanating from this inventory that will correct these problems without unwarranted delay. It is also

understood that the city has offered the Johnson County Task Force on Aging an opportunity to

recommend priorities for curb ramp repairs and installation.

The ADA authorizes the Deparfrnent of Justice to investigate alleged violations of Title tr, 28C.F.R. S 35.172. We are also authorized to take appropriate action, including filing an enforcement actionin U.S. District Court, to enforce Title II if voluntary compliance is not achieved, and to seek injtrnctiverelief and monetary damages,28 C.F.R. S 35.174.

The U.S. Attomey's Office would like to resolve this matter expeditiously and without resorting tolitigation. We thus seek your cooperation in providing this office certain preliminary information. Pleaseprovide the following information, in writing, within 30 days of the date of this letter:

May22,2014Mayor Matt HayekPage2 of2

1 . The name, address, and telephone number of the individual to whom this office should direct anyfuture questions and correspondence. Please indicate if this person has authority to negotiate asettlement of this matter;

2. A description of all similar complaints in the past three years and how you responded to them;

3. Aside from responding to specific complaints, any proactive measures the city has taken to solicitpublic input and participation in identifuing priority locations for expedited installation of curbramps;

4. A copy ofthe completed sidewalk inventory (a draft is acceptable if the report has not beenfinalized). The inventory presumably will clearly show the locations where curb ramps exis!where sidewalks exist but without curb ramps, where crub ramps exist but are not compliant withADA standards, and where, if at all, there are no existing sidewalks to allow curb rampinstallation;

5. Any proposed or existing plans to ensure that curb ramps are installed at all appropriate locationsin Iowa City. This should include a timetable with specific datgs for acfrieving significantmilestones, as well as budgetary information as to the projected costs of completing this program

and how such funding will be provided;

6. Whether Iowa City receives any federal funding, and if so, the name of the federal agency thatprovides the firnding, and the name(s) of all programs that receive that fi.urding or to which any ofthat funding is distributed; and

7. Your response to the allegations of the complaint and any additional information you considerrelevant to resolution of the complaint.

Any structural changes made in connection with this complaint must comply with Title II of the

ADA and ic architechral standards. Any modifications you undertake which are not in compliance withthose requirements may need to be redone before this complaint can be resolved.

If you have questions or concems, feel free to contact me at 515-473-9357, or Investigator RickHoye at 515-473-9353.

Sincerely,

Nicholas A. KlinefeldtUnited States Attomey

"t, f"),.,2 Z' /;-,2-Richard L. Richards

Assistant United States Attomey