SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
HARVEST RESTAURANT GROUP
REGARDING
THE ADDAMS TAVERN RESTAURANT
DJ #202-48-284

The parties to this agreement ("Agreement") are the United States of America and the Harvest Restaurant Group ("HRG"). The parties hereby agree as follows:

BACKGROUND AND PARTIES

1. HRG is the owner/operator of the Addams Tavern Restaurant (“Addams Tavern”) located at 115 Elm Street, Westfield, New Jersey. 
2. The United States Attorney’s Office for the District of New Jersey, a component of the United States Department of Justice (“United States”), opened an investigation of the Addams Tavern pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189, as amended.  The investigation was initiated upon the receipt of a complaint from an individual who alleged that Addams Tavern was inaccessible to individuals with mobility disabilities.  
3. The United States is authorized to investigate alleged violations of title III of the ADA.  Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes.  If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exits or where the case raises an issue of general public importance.  42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 503, 506. 
4. The Addams Tavern is a place of public accommodation within the meaning of title III of the ADA, because it is “a restaurant, bar, or other establishment serving food or drink.”  42 U.S.C.  12181(7)(B); 28 C.F.R. §36.104.  HRG is subject to title III because it is a private entity that owns, leases or leases to, or operates a place of public accommodation.  Id. 
5. The Addams Tavern is an existing facility originally constructed prior to the effective date of the ADA, and so is subject to the “readily achievable” barrier removal provisions of the ADA at 42 U.S.C. § 12182(b)(2)(A)(iv)-(v) and 28 C.F.R. § 36.304.  However, significant portions of the Addams Tavern were altered after January 26, 1992, and those portions should have been altered in such a manner that they are readily accessible to and usable by individuals with disabilities, to the maximum extent feasible.  42 U.S.C. § 12183(a)(2); 28 C.F.R. 36.402-406. 
6. Title III of the ADA prohibits discrimination against persons with disabilities at places of public accommodation, 42 U.S.C. § 12182(a), and establishes an ongoing requirement by public accommodations to, among other things:  remove architectural barriers to access where such removable is “readily achievable,” id. at § 12182(b)(2)(A)(iv), 28 C.F.R. § 36.304.  Additionally, public accommodations are required to make alterations to facilities or parts of facilities readily accessible to and usable by individuals with disabilities to the maximum extent feasible, 42 U.S.C. § 12183(a)(2), 28 C.F.R. § 3604.402-404.
7. The United States reviewed architectural plans and other information provided by HRG and conducted a site visit of the Addams Tavern.  The results of the site visit, attached at Appendix A to this agreement, revealed some architectural barriers to access in and around the Addams Tavern. 
8.  The United States applied the 1991 Standards for Accessible Design to identify architectural barriers to access, see 28 C.F.R. § 36.304(d)(2)(ii)(B), but any remedies for the identified barriers implemented by HRG under this Agreement shall be done in compliance with the 2010 Standards.  Id. 

REMEDIAL ACTIONS TO BE TAKEN

9. HRG will take the following steps to remove architectural barriers to access at the Addams Tavern according to the deadlines stated below.

Toilet Rooms

10. By May 30, 2018, HRG shall ensure that the Addams Tavern’s toilet rooms on the first floor corridor are in compliance with the 2010 Standards, as follows:
1. Post the International Symbol of Accessibility on the wall, with raised characters and in Braille, adjacent to the latch side of the door as required by Sections 216.2, 703.1-703.5, and 703.7.2.1 of the 2010 Standards.
2. Ensure that the coat hooks are accessible as required by Sections 213.3.7, 308, and 603.4 of the 2010 Standards.
3. Ensure that the mirrors are accessible as required by Sections 213.3.5 and 603.3 of the 2010 Standards.
4. Ensure the appropriate clearance in the toilet room as required by Section 604.3 of the 2010 Standards.
5. Provide an accessible permanently-installed toilet paper dispenser as required by Sections 213.3.2 and 604.7 of the 2010 Standards.

First Floor Bar Area

11. By May 30, 2018, in the area immediately adjacent to the bar counter on the first floor, HRG shall provide at least one regular height accessible table in compliance with Sections 226.1, 305, 306, 902.2, and 902.3 of the 2010 Standards.

First Floor Booth Seating Area

12.  By May 30, 2018, HRG shall provide an accessible booth seating area in compliance with Sections 226.1, 305, 306, 902.2, and 902.3 of the 2010 Standards.

Alterations and New Construction

13. Any future alterations, as defined by 42 U.S.C. § 12183 and 28 C.F.R. § 36.402(b), to the Addams Tavern shall comply with the ADA, its implementing regulations, and the 2010 Standards.
14. HRG further acknowledges and agrees that if an alteration affects or could affect the usability of or access to an area of the Addams Tavern’s facility that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered areas are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.  42 U.S.C. § 12183(a).

IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

15. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit against HRG for failure to comply with title III of the ADA; provided however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement in accordance with paragraph 18 below.
16. The United States does not assert that this Agreement or the modifications contemplated herein will bring the Addams Tavern into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States.  Rather, this Agreement is entered into by the parties for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation.  This Agreement is a compromise and it shall not be used or introduced into evidence in any other case or proceeding other than between the parties to this Agreement.
17. The United States may review compliance with this Agreement at any time.  Upon reasonable advance notice to HRG (through undersigned counsel), HRG shall permit the United States and any person acting on its behalf access to the Addams Tavern to review compliance with the Agreement.
18. If the United States believes that this Agreement or any requirement thereof has been violated, it agrees to notify HRG in writing of the specific violation(s) alleged.  HRG shall have 30 days from its receipt of the notice to cure and/or respond in writing to the United States regarding the alleged violation(s).  If, after further discussion with the HRG, the United States believes that the HRG has violated the Agreement, the United States may institute a civil action for relief in federal district court.
19. One year after the Effective Date of this Agreement, HRG shall certify to the United States that it has fulfilled to completion all of its obligations under this Agreement in the form of a narrative report and photos showing that that items within this Agreement that HRG has agreed to correct have been corrected.  
20. All notices, demands, reports or other communication to be provided to either party pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

    Michael E. Campion,
    Assistant U.S. Attorney
    Chief, Civil Rights Unit
    U.S. Attorney’s Office
    970 Broad Street, Suite 700
    Newark, New Jersey 07102

    Murphy Durkin, Esq.
    Durkin & Durkin, LLC
    1120 Bloomfield Avenue
    P.O. Box 1289
    West Caldwell, New Jersey 07007
    

21. This Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person.
22. Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement.
23. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable.  This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the ADA, including violations of the alterations or new construction provisions of the ADA, or any other Federal law.  This Agreement does not affect the continuing responsibility of HRG to comply with all aspects of the ADA.      
24. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and HRG shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
25. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
26. In the even that HRG seeks to transfer or assign all or part of its interest in ownership or operation of the Addams Tavern, as a condition of transfer or assignment, HRG shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of the Agreement. 
27. The Effective Date of this Agreement is the date of the last signature below.  This Agreement shall remain in effect for three years from the Effective Date.