U.S. Attorney’s Office Resolves Disability Discrimination Investigation of Public Swimming Pool

DETROIT -The United States Attorney's Office for the Eastern District of Michigan resolved its investigation of the City of Trenton's Kennedy Aquatic Center. The U.S. Attorney's Office received a complaint alleging that the Kennedy Aquatic Center staff did not allow an individual who has a disability to use a water slide. The complainant is a capable swimmer; however, she has a disability that affects her stature. The U.S. Attorney's Office investigated the complaint and successfully reached a settlement with the City of Trenton.

In the settlement agreement, the City of Trenton agreed to fully comply with the non-discrimination requirements of Title II of the American with Disabilities Act of 1990 (ADA). The ADA protects the rights of all individuals, regardless of disability, to fully and equally enjoy the benefits of the services, programs, or activities offered by public entities, which includes recreational centers and programs operated by state and local governments.

The settlement agreement requires the Kennedy Aquatic Center to adopt ADA policies to ensure that accommodations and modifications are made to allow people who have disabilities access to the recreational services offered at the Aquatic Center. For example, the settlement agreement requires the Aquatic Center to allow individuals who cannot meet the slide's height requirement because of a disability to use the slide so long as they can demonstrate appropriate water safety skills.

"My office will vigorously protect the rights of individuals who have disabilities, especially children, to fully participate in our communities. Here, a child who simply wanted to enjoy all aspects of the local pool with friends and family was denied that opportunity because of a disability," U.S. Attorney Ison said. "I applaud the City of Trenton for its willingness to protect those opportunities in the future."

The investigation was led by AUSA Michael El-Zein of the U.S. Attorney's Office for the Eastern District of Michigan, a member of the Civil Rights Unit. The full and fair enforcement of the ADA is a priority of the U.S. Attorney's Office for the Eastern District of Michigan. The Civil Rights Unit of the U.S. Attorney's Office for the Eastern District of Michigan was established in 2010 with the mission of prioritizing federal civil rights enforcement. For more information on the Office's civil rights efforts, including a copy of the agreement, please visit https://www.justice.gov/usao-edmi/programs/civil-rights.

Individuals who believe they have been subjected to discrimination or experienced a civil rights violation can submit a complaint with the U.S. Attorney's Office by email at [email protected] or by phone at (313) 226-9151. Complaints can also be submitted to the Civil Rights Division through its complaint portal.