SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND BIG BEAR MARINA

USAO2011VO2056/DJ 202-12C-420

PARTIES

1. The parties to this Settlement Agreement are the United States of America and Big Bear Marina.
2. The United States Department of Justice (“United States”) is the federal agency responsible for administering and enforcing Title III of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. § 12181 et seq.

BACKGROUND

3. This matter was initiated by a complaint filed with the United States against Big Bear Marina alleging violations of Title III of the ADA, 42 U.S.C. §§12181-12189, and its implementing regulations, 28 C.F.R. Part 36. Specifically, the Complainant, who is deaf, alleged that in August 2011, he was denied the opportunity to rent a jet ski because of his hearing loss.
4. As a person who is deaf, Complainant is an individual with a disability within the meaning of the ADA. 42 U.S.C. § 12102; 28 C.F.R. § 36.104.
5. The Attorney General of the United States is authorized to investigate alleged violations of Title III of the ADA, and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. 42 U.S.C. §12188(b).
6. Big Bear Marina rents boats and jet skis on Big Bear Lake in Big Bear, California. It is a place of public accommodation covered by Title III of the ADA. 42 U.S.C. 12181 (7)(E); 28 C.F.R. § 36.104. As a public accommodation, Big Bear Marina is obligated to comply with the requirements of Title III of the ADA.
7. The ADA prohibits public accommodations from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods, services, privileges, advantages, or accommodations. 42 U.S.C. §§12182(a) & 12182(b)(1)(A)(i); 28 C.F.R. §§ 36.201(a) and 36.202(a).

FINDINGS

8. As a result of its investigation, the United States determined that Big Bear Marina denied the Complainant a full and equal opportunity to participate in, and benefit from, Big Bear Marina’s goods, services, facilities, privileges, advantages, or accommodations within the meaning of 42 U.S.C. §§ 12182(a) and12182(b)(1)(A)(i), and 28 C.F.R. §§ 36.201(a) and 36.202(a).
9. Big Bear Marina has cooperated in the United States’ investigation and has committed to fully comply with the ADA.
10. This Agreement is not an admission by Big Bear Marina that any action taken with respect to Complainant was wrongful, unlawful or in violation of any local, state or federal act or statute, and Big Bear Marina specifically denies any wrongdoing or violation.
11. The United States and Big Bear Marina have determined that the complaint filed with the United States can be resolved without litigation, and have proposed and agreed to the terms of this Agreement.

REMEDIAL ACTION

12. Consistent with the ADA, Big Bear Marina will not discriminate against any individual on the basis of disability in the full and equal enjoyment of Big Bear Marina’s goods, services, facilities, privileges, advantages, or accommodations by excluding or providing unequal treatment to persons with disabilities. 42 U.S.C. § 12182.
13. As of the effective date of this Agreement, Big Bear Marina will provide to persons who are deaf or hard of hearing the same services it provides to persons who are not deaf or hard of hearing, and will provide those same services on the same terms.
14. Within sixty (60) days of the effective date of this Agreement, Big Bear Marina shall post and maintain a sign of conspicuous size and print near the customer counter stating:
Big Bear Marina welcomes customers with disabilities.
15. Within sixty (60) days of the effective date of this Agreement, Big Bear Marina shall post on its website a notice that states it welcomes customers with disabilities. The notice shall direct persons desiring more information about the ADA to visit the U.S. Department of Justice’s website at archive.ada.gov.
16. Within forty-five (45) days of the effective date of this Agreement, Big Bear Marina shall draft and implement written policies and procedures for the provision of its goods and services to persons with disabilities, and shall submit it to the United States for approval.
17. Within sixty (60) days of the effective date of this Agreement, and annually thereafter, Big Bear Marina will provide mandatory ADA training for all its employees, staff members, and other individuals affiliated with Big Bear Marina who might interact with customers with disabilities. Such training will be sufficient in duration and content to train the individual in:
    1. the policies and procedures established in Paragraph 16 above;
    2. identification of communication needs of persons who are deaf or hard-of-hearing;
    3. making and receiving calls through relay services used by deaf and hard-of-hearing persons;
    4. any other applicable requirements of this Agreement.
18. Big Bear Marina will provide the training specified above in Paragraph 17 to new employees within thirty (30) days after the commencement of their employment.
19. Five (5) months after the effective date of this Agreement, and annually thereafter during the term of this Agreement, the Practice will provide a certification to the United States that the required trainings described in Paragraphs 17-18 were completed.

CIVIL PENALTY

20. Within forty-five (45) days of the entry of this Agreement, Big Bear Marina will send by Federal Express or certified mail, return receipt requested, a check in the amount of two thousand ($2,000.00) dollars made out to the United States Treasury. The check shall bear the case number in the memo line. The check shall be mailed to: Office of the United States Attorney, 300 North Los Angeles Street, Suite 7516, Los Angeles, California 90012, Attn: Monica Miller.

COMPENSATORY RELIEF AND RELEASE FOR COMPLAINANT

21. Within fifteen (15) days of the effective date of this Agreement, Big Bear Marina will send by Federal Express or certified mail, return receipt requested, a check in the amount of five hundred ($500.00) dollars payable to the Complainant. The check shall be mailed to: Office of the United States Attorney, 300 North Los Angeles Street, Suite 7516, Los Angeles, California 90012, Attn: Monica Miller.
22. Within ten (10) days of the effective date of this Agreement, the United States will deliver to counsel for the Practice, a release signed by the Complainant. The release will be in the form of Attachment A.

ENFORCEMENT

23. During the term of this Agreement, Big Bear Marina will notify the United States if any individual brings any lawsuit, complaint, charge, or grievance alleging that Big Bear Marina denied its services to any deaf or hard-of-hearing individual. Such notification must be provided in writing via certified mail within fifteen (15) days of the day when Big Bear Marina received oral or written notice of the allegation and will include, at a minimum, the nature of the allegation, the name of the individual making the allegation, and any documentation possessed by Big Bear Marina or any of its employees or staff relevant to the allegation.
24. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil suit in this matter, except as provided in Paragraph 25 below.
25. The United States may review compliance with this Agreement at any time. If the United States believes that Big Bear Marina has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for a modification of the relevant terms, the United States will so notify Big Bear Marina in writing, and will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to Big Bear Marina, it may institute a civil action in federal district court to enforce the terms of this Agreement or Title III and may, in such action, seek any relief available under law.
26. For purposes of the immediately preceding Paragraph, it is a violation of this Agreement for Big Bear Marina to fail to comply in a timely manner with any of the requirements in this Agreement without obtaining sufficient advance written agreement with the United States for an extension of the relevant time frame imposed by the Agreement.
27. Failure by the United States to enforce this Agreement with regard to any deadline or any other provision herein shall not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
28. This Agreement shall be binding on the United States and on Big Bear Marina and its owners, partners, employees and staff. In the event Big Bear Marina seeks to transfer or assign all or part of its interest to another owner, partnership or business, and the successor or assignee intends to carry on the same or similar use of the entity, as a condition of sale, Big Bear Marina shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
29. This Agreement constitutes the entire agreement between the United States and Big Bear Marina 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 does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the continuing responsibility of Big Bear Marina to comply with all aspects of the ADA.
30. This Agreement will remain in effect for three (3) years from its effective date.
31. The person signing this Agreement for Big Bear Marina represents that he is authorized to bind Big Bear Marina to this Agreement.
32. The effective date of this Agreement is the date of the last signature below.