September 28, 2006

Threat of lawsuit from ACLU of Virginia yields sweeping results

Westmoreland County, VA – In response to the threat of a lawsuit from the ACLU of Virginia earlier this year, the Westmoreland County Board of Supervisors yesterday approved bids from contractors totaling $128,893 to remedy more than 300 violations of the Americans with Disabilities Act. County leaders had previously agreed in principle to bring county facilities into compliance with the ADA, but yesterday’s action legally binds the county to making the changes.
“We are pleased that Westmoreland is following through on its promise to make its buildings accessible to everyone,” said ACLU of Virginia executive director Kent Willis. “It may have taken the threat of a lawsuit by the ACLU to get them to act, but since then they have moved about as fast as can be expected of a governmental entity.”
On March 22, 2006 the ACLU sent a letter to Westmoreland officials warning that the lack of a ramp to the Clerk of the Court’s office located in the old courthouse and other barriers to accessibility in its new courthouse violated the Americans with Disabilities Act.
Prior to the ACLU’s letter, Westmoreland officials had been publicly criticized by disability rights advocates for spending $140,000 for new judge’s chambers, also located in the old courthouse, but not adding ramps to make the building accessible to disabled persons.
The ACLU also learned that county officials had been aware of the ADA violations for several years and had been communicating with the Virginia Office of Advocacy and Protection, but had still taken no steps to correct the situation.
Within two days of sending its letter, the ACLU received assurances from Westmoreland’s attorney that the clerk’s office and the courthouse would be brought in compliance with disability law.
But Westmoreland went far beyond the ACLU’s demands, and before the end of March the county had hired engineering and architectural consultants to inspect the six main county buildings for compliance with the Americans with Disabilities Act. The consultants found 323 violations.

Contact: Kent Willis, Office: 804/644-8022