U. S.

Department of Justice
United States Aaoraey
Southern District of Iowa
Civil Division
U.S. Courthouse Annex, Suite 286
I l0 East Cout Avenue
Des Moines, Iowa 50309-2053
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May 22,2014
Mayor Matt Hayek
City of Iowa City
410 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 Office
has opened an investigation to determine whether any violations have occurred with respect to Title II of
the 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 full
compliance 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, 28
C.F.R.
S
35.172. We are also authorized to take appropriate action, including filing an enforcement action
in U.S. District Court, to enforce Title II if voluntary compliance is not achieved, and to seek injtrnctive
relief 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 to
litigation. We thus seek your cooperation in providing this office certain preliminary information. Please
provide the following information, in writing, within 30 days of the date of this letter:
May22,2014
Mayor Matt Hayek
Page2 of2
1 . The name, address, and telephone number of the individual to whom this office should direct any
future questions and correspondence. Please indicate if this person has authority to negotiate a
settlement 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 solicit
public input and participation in identifuing priority locations for expedited installation of curb
ramps;
4. A copy ofthe completed sidewalk inventory (a draft is acceptable if the report has not been
finalized). 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 with
ADA standards, and where, if at all, there are no existing sidewalks to allow curb ramp
installation;
5. Any proposed or existing plans to ensure that curb ramps are installed at all appropriate locations
in Iowa City. This should include a timetable with specific datgs for acfrieving significant
milestones, 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 that
provides the firnding, and the name(s) of all programs that receive that fi.urding or to which any of
that funding is distributed; and
7. Your response to the allegations of the complaint and any additional information you consider
relevant 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 with
those 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 Rick
Hoye at 515-473-9353.
Sincerely,
Nicholas A. Klinefeldt
United States Attomey
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Richard L. Richards
Assistant United States Attomey