Matthews v. Jefferson

• Decision Date: 13 October 1998
• Docket Number: No. Civ. 97-3071.,Civ. 97-3071.
• Citation: 29 F.Supp.2d 525
• Parties: Larry Deane MATTHEWS, Plaintiff, v. Kenneth JEFFERSON, in his Official Capacity as County Judge for Marion County, Arkansas, Defendant.
• Court: U.S. District Court — Western District of Arkansas

29 F.Supp.2d 525

Larry Deane MATTHEWS, Plaintiff, v. Kenneth JEFFERSON, in his Official Capacity as County Judge for Marion County, Arkansas, Defendant.

No. Civ. 97-3071.

United States District Court, W.D. Arkansas, Harrison Division.

October 13, 1998.

COPYRIGHT MATERIAL OMITTED

Frederick Rick Spencer, Mountain Home, AR, Christopher R. Heil, Morgan Welch & Associates, Little Rock, AR, for Plaintiff.

Robert R. Russell, Duncan & Rainwater, Little Rock, AR, for Defendant.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Senior District Judge.

This case is currently before the court on defendant's motion for summary judgment and plaintiff's cross-motion for summary judgment on liability. Trial is scheduled for the week of November 16, 1998.

Background.

The plaintiff, Larry Deane Matthews (Matthews), is disabled in that he suffers from T-3 paraplegia, necessitating the use of a wheelchair and other mobility aids for ambulation. On March 18, 1996, Matthews was scheduled to appear in the Marion County Chancery Court. The chancery court is located in the Marion County Courthouse on the second floor. The courthouse is listed on the National Registry of Historic Buildings.

The courthouse does not have an elevator, ramp, or other device making the second floor accessible to anyone with disabilities involving mobility.¹ The public entrance doors to the courtroom are not wide enough for a wheelchair to pass through. Matthews Deposition at 21. Additionally, the restrooms on the second floor are not accessible to wheelchair bound individuals.

When Matthews arrived for the March 18th hearing, he had to be carried up the stairs to the courtroom by men Kenneth Jefferson, the County Judge, had arranged for, or located, to provide the needed assistance.² During the course of the hearing which lasted from approximately 9:00 a.m. until 7:00 p.m., Matthews alleges he was unable to empty an external catheter because of the inaccessible restrooms. As a result, Matthews states the catheter "backed up" causing a urinary tract infection and other maladies of a related nature. Matthews was also unable to leave the second floor to obtain a meal during the noon recess.

At the end of the hearing, Matthews contends the only persons left in the courthouse were Ms. Patricia Toch, Matthews' attorney, and Ms. Mary Jo Layton, the court clerk, who were unable to carry him down the stairs. Judge Jefferson was no longer in the building and apparently no arrangements were made to carry Matthews down the stairs. Thus, Matthews states he was forced to remove himself from his wheelchair and with great difficulty make his way down the stairs.³ Matthews Deposition at 28.

Matthews testified he had similar difficulties on two other occasions in May and June of 1996 when he was scheduled to appear before the Marion County Chancery Court. Matthews Deposition at 22-25 & 36. As was the case with the March hearing, court was held on the second floor of the courthouse and lasted from approximately 9:00 a.m. to 7:00 p.m. The morning of the second hearing, Matthews was told "[t]here was not enough room, no place else to have court." Matthews Deposition at 33.

After the second hearing, he was helped down the stairs by his brother, his cousin, and another gentleman, Jim Railey, who was there for the hearing. Matthews Deposition at 28-29. After the third hearing, Matthews started down on his own but his cousin did come and help him down. Although Matthews had difficulties when he had scheduled court appearances, he didn't believe anybody in the courthouse had any animosity toward him and believed Judge Jefferson and Ms. Layton were very concerned about the situation. Matthews Deposition at 28 & 34.

Marion County has set forth in some detail the steps it has taken in response to the requirements of Title II of the ADA. In February and May of 1992, Marion County (hereinafter the County) first began assessment of the Americans with Disabilities Act (ADA) and its implementation in the County.

On August 3, 1992, the County Quorum Court enacted Resolution 92-5 mandating implementation of the ADA. On the same date, Judge Jefferson was appointed the ADA coordinator for the County. Jefferson's daughter is wheelchair bound due to paraplegia. In late 1994, Bill Jett became County ADA coordinator. In late 1996, Jett was replaced by Diane Fox.

The County says it evaluated each of its current services, policies, and practices to determine whether each met the requirements of the Title II regulations. It directed its key employees to identify barriers, including all physical facilities, as well as all current county services, policies, and practices that were not in compliance with the ADA for inclusion in the transition plan.

Interested persons were allowed to submit comments on the self-evaluation process. On August 13, 1992, the public was given notice for a point of contact to place requests, suggestions, and grievances concerning the ADA. The County also maintained for public inspection a list of interested persons consulted in the self-evaluation process, a description of areas examined and problems identified, and a description of modifications made.

The County developed a transition plan setting forth the physical modifications it deemed necessary to comply with the Title II implementing regulations. The transition plan placed priority on curb ramps or sidewalks providing access to public facilities and public accommodations and designated the public official who was responsible for its implementation.

On September 15, 1992, the Quorum Court met to discuss funding of the costs of improvements for ADA compliance. The general millage was raised from 1.8 mills to 4.0 mills. Out of this increase, the County set aside $25,000 per year to spend on ADA compliance. Jefferson Deposition at 6. Over the years, expenditures from the ADA fund were made for general business and for various clean up items. Id. at 44-46. This was done through reauthorization of the funds for other use. Id. at 46.

In January and February of 1993, assessment meetings were held and architectural services were performed by Jeff Laur. In February of 1993, a wheelchair accessible telephone was installed in the courthouse. In November and December of 1993, the Quorum Court agreed elevators should be installed in the courthouse within the year.

To date, elevators have not been installed. The option of installing a chair-lift was not investigated because Judge Jefferson didn't believe it was appropriate. Jefferson Deposition at 21.⁴ He based his opinion on the narrowness of the hallway and on his consideration of the dignity of the individual having to use the chair lift. Id.

On December 5, 1994, the Quorum Court agreed the courthouse maintenance fund would carryover $25,000 and have $25,000 added for 1994 which made a total of $50,000 available for the courthouse elevator. At some point in 1994, an estimate was obtained for installation of the elevator. The estimate came to $300,000. Of the $300,000, approximately $100,000 represented the cost of the elevator. The remaining cost was for the installation of fire exists made necessary by the installation of the elevator. Jefferson Deposition at 15, 31-32.

In January of 1995, none of the county buildings were in total compliance with Title II. Jefferson Deposition at 35. On April 3, 1995, Resolution 95-4 was adopted which used "Ice Tea" (Internal Service Transportation Efficiency Act) federal funding to restore the courthouse. These funds were not used for ADA compliance.

On June 5, 1995, Ordinance 95-11 was enacted providing for the restoration and improvement of the courthouse. At this time, there was still not enough funding set aside for the elevator and other improvements. To obtain the needed funding, Ordinance 95-11 provided for a 1% sales tax for an 18 month period.

On September 11, 1995, the Quorum Court announced the voters had rejected the sales tax increase. Alternate ways to generate the needed funds were discussed as was the possibility of obtaining a new building for a courthouse. The Budget and Finance Committee was asked to look into the courthouse needs.

In December of 1995, the Quorum Court announced that the auditor required the ADA money to be taken out of the courthouse maintenance fund and put in its own line item because other taxing units should not have to pay for the courthouse maintenance. Later in December, the 1996 budget which included a line item for courthouse ADA improvements was approved.

On January 2, 1996, Quorum Court members were provided with a package containing a general plan for compliance. Defendant's Exhibit A.⁵ Shortly thereafter, the County listed everything it needed to renovate to be in compliance and adopted Resolution 96-3 which included as a goal: "ADA: Begin compliance in 1996."

On April 5, 1996, the Quorum Court set ADA compliance as a goal for 1996. On May 6, 1996, the Quorum Court Building Committee approved the purchase of the old Arkansas Power & Light (AP & L) building that is adjacent to the courthouse, subject to environmental review, with a view toward making it an accessible facility for courtrooms and related offices. On June 3, 1996, the building committee adopted Resolution 96-5 accepting the terms of the purchase of the AP & L building. Also in June, Jeff Laur presented the County with a proposal, which included ADA compliance, to remodel the AP & L building and convert it to a new courthouse and office building.

In December of 1996, the Quorum Court approved the purchase of the building. In January of 1997, ADA funds were placed into a special account for better tracking. In February of 1997, the ADA coordinator presented a new plan for compliance and a transition plan.

Until the AP & L building, known as the courthouse annex, is completed, the County states it will accommodate disabled citizens through other arrangements such as holding court in a more accessible area if the...