Metro Nashville Agrees to Settle Allegations that it Violated the Americans with Disabilities Act

NASHVILLE – United States Attorney Henry C. Leventis for the Middle District of Tennessee announced today that the United States has reached an agreement with the Metropolitan Government of Nashville and Davidson County, Tennessee (“Metro Nashville”) to settle allegations that Metro Nashville violated Title II of the Americans with Disabilities Act (“ADA”) by failing to provide reasonable modifications to policies to allow disabled individuals who are unable to attend public meetings in person to attend remotely. As part of the settlement, Metro Nashville will revise its ADA policies and pay $500.00 to the complainant who brought this issue to the United States’ attention.

“We are committed to enforcing the rights of persons with disabilities in Tennessee,” said United States Attorney Henry C. Leventis. “Individuals with disabilities that prevent them from in-person attendance at public meetings should receive reasonable accommodations to allow them to fully participate and vote in such meetings. It is the right thing to do and federal law requires as much.”

The United States alleged that Metro Nashville failed to provide the complainant with a reasonable accommodation, called a modification in the Title II context, that would permit the complainant to vote in public meetings virtually. The complainant’s disability prevented the complainant from attending in-person meetings of a public committee of Metro Nashville without severe discomfort. The complainant requested a modification to attend and vote in meetings of the committee by virtual or other electronic means, but Metro Nashville refused to grant a modification.

Under the terms of the Settlement Agreement, where an individual’s disability prevents that person from attending meetings of a local government board, commission, or other body in person, Metro Nashville will permit such individuals to fully participate virtually. Metro Nashville has also agreed to update its policies and procedures to fully implement this Agreement. As a result of this settlement, the participation of a person with a disability in virtual meetings shall not be diminished in any way, and they shall be entitled to vote, count towards a quorum, make and second motions, and otherwise permitted to participate in the same manner in which they would have if they were attending public meetings in person.

The civil claims settled by this Settlement Agreement are allegations only, and there has been no determination of liability.

Assistant U.S. Attorney Mike Tackeff investigated the complaint and negotiated the Settlement Agreement.

The Department of Justice has a number of publications available to assist entities in complying with the ADA including a Technical Assistance Publication entitled: ADA Requirements:  Effective Communication and a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings.  For more information on the ADA and to access these publications, visit  www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to ada.complaint@usdoj.gov.

# # # # #