SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND CABIN TECHNOLOGIES, INC.
DJ # 202-11-413

BACKGROUND

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America and Cabin Technologies, Inc. (hereinafter “Cabin”).
2. This matter was initiated by a compliance review of Cabin, headquartered in San Francisco, California. The U.S. Department of Justice conducted this review under the authority granted by title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12188 (b).  The Attorney General shall undertake periodic reviews of compliance of covered entities pursuant to title III of the ADA. 42 U.S.C § 12188(b)(1)(A)(i).
3. The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in litigation. The parties acknowledge and agree that neither execution nor the performance of any of the terms of this Agreement constitute an admission of liability or responsibility by any party. The parties have therefore voluntarily entered into this Agreement, as follows:

TITLE III COVERAGE AND DETERMINATIONS

4. The Attorney General is responsible for enforcing title III of the ADA, 42 U.S.C. §§ 12181-89, and the relevant regulations implementing title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
5. Cabin is a private transportation company with its principal place of business at 1000 Brannan Street, San Francisco, California, 94105.  Cabin is incorporated in the State of Delaware.
6. Cabin is a private fixed route transportation service that is primarily engaged in the business of transporting people and whose operations affect commerce within the meaning of 42 U.S.C. §§ 12181 and 12184 and 49 C.F.R. § 37.3.
7. Cabin is an operator of over-the-road buses (“OTRBs”) within the meaning of 42 U.S.C. § 12181(5) and 49 C.F.R. § 37.3.  An OTRB operator must provide reservation services to passengers with disabilities equivalent to those provided to other passengers.  49 C.F.R. §  37.207(d). At this time, Cabin is a “small operator” within the meaning of 49 C.F.R. § 37.3 and the U.S. Department of Transportationregulatory ADA compliance requirements for OTRBs.
8. Cabin currently provides private fixed route transportation services according to a fixed schedule between San Francisco and Santa Monica, California, and has a fixed pick-up and drop-off location in each city.  Cabin provides advance reservation service.  Customers reserve a trip online on the Cabin website, http://www.ridecabin.com.
9. In November 2016, Cabin purchased two 24-passenger vehicles for use in its fixed route services.  Cabin alleges that, during its use of these vehicles, both vehicles were readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.  Cabin alleges that among other accommodations, Cabin provided wheeled mobility device ramps for entering and exiting its vehicles, mobility device tie downs and designated sleeping cabins for individuals with disabilities.  In or around October 2018, Cabin ceased operations.  In or around October 2019, Cabin resumed operations on a limited basis, reducing its transportation services to approximately two trips per week.  Cabin no longer uses the two aforementioned 24-passenger vehicles as part of its operation.  Instead, Cabin uses one 22-passenger vehicle to conduct its operation.  Cabin alleges this vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.  Cabin further alleges that among other accommodations, Cabin provides a wheeled mobility device ramp for entering and exiting its vehicle, mobility device tie downs and designated sleeping cabins for individuals with disabilities.
10. Reservations on Cabin are made online and a seat can be reserved, when available, up to two hours prior to travel.  However, since at least September 2017, Cabin has required individuals who use wheelchairs to reserve at least 48 hours prior to the time of the intended travel.  This policy was reflected on Cabin’s website and conveyed by Cabin employees when responding to customer inquiries.  The United States has determined that Cabin’s practices as described herein may constitute a violation of 42 U.S.C. §§ 12182 and 12184. 

ACTIONS TO BE TAKEN BY CABIN

11. Cabin agrees that it will not discriminate against any individual in the full and equal enjoyment of its transportation services, privileges, advantages, or accommodations, within the meaning of title III of the ADA, 42 U.S.C. §§  12182, 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
12. Subject to the time periods set forth in paragraph 14, Cabin will not require passengers with disabilities, including individuals who use a wheelchair or other mobility device, to book a Cabin trip in a way different than any other passenger.  49 C.F.R. § 37.3.  Passengers who intend to travel in a wheelchair, or other mobility device, will not be required to reserve tickets further in advance of intended travel than any other passenger.
13. Within 30 days from the effective date of this Agreement, the advance reservation period required for individuals with disabilities, including individuals who use a wheelchairs or other mobility devices, will be shortened to 24 hours prior to travel.  Within 548 days from the effective date of this Agreement, the advance reservation period required for all passengers will be equivalent.  That is, individuals who use a wheelchair or other mobility device will be able to make reservations within the same time frames as individuals who do not.
14. Within 30 days of the effective date of this Agreement, Cabin will remove any language from its website that might be construed as requiring a 48 hour advance notice requirement for passengers with disabilities who use a wheelchair, scooter, or mobility device.
15. Within 30 days of the effective date of this Agreement Cabin will update its website to indicate the reduction in time for reserving accessible transportation from 48 to 24 hours and instructions on how to reserve accessible transportation.  These notices shall be approved in advance by the United States and be posted for the duration of the Agreement.
16. Within 548 days of the effective date of this Agreement or within 30 days of achieving the equivalency described in Paragraph 13, Cabin will:
    1. post a notice on its website indicating its obligation to provide accessible transportation to persons with disabilities, how to reserve accessible transportation, and that it does not discriminate on the basis of disability in the provision of its transportation services.
    2. update its website to include additional information under the “Frequently Asked Questions” page to include how an individual may contact Cabin if they believe that Cabin has denied them accessible transportation in accordance with ADA regulations.
    3. engage in quarterly outreach to disability rights and independent living advocacy organizations in the San Francisco and Los Angeles areas.  Such outreach will be in coordination with, and upon the approval of, Department of Justice representatives. 

    These notices shall be approved in advance by the United States and be posted for the duration of the Agreement.

17. Within 30 days of the effective date of this Agreement, Cabin will designate a responsible employee in charge of compliance with the ADA and this Agreement, as required by 49 C.F.R. § 37.17(a). Within 60 days of his or her designation, that individual will adopt and implement a complaint procedure consistent with 49 C.F.R. § 37.17(b). Complaint data collected under 49 C.F.R. § 37.17(b) will be provided to the United States upon request.
18. Cabin will notify the United States in writing within 30 days when it has completed each of the actions described in paragraphs 13–17.

IMPLEMENTATION

19. In consideration for entering this Agreement, the United States will refrain from undertaking further enforcement action relating to this investigation or from filing a civil action alleging discrimination based on the allegations set forth above. However, the United States may review Cabin’s compliance with this Agreement or title III of the ADA at any time. If the United States believes that any portion of this Agreement or title III of the ADA has been violated, it may institute a civil action in the U.S. District Court for the Northern District of California to enforce title III of the ADA, following written notice to Cabin of the possible violation and a period of 30  days in which Cabin has the opportunity to cure the alleged violation.
20. Failure by the United States to enforce any provisions in this Agreement is not a waiver of its right to enforce other provisions of this Agreement.
21. If any term 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 Cabin shall engage in good faith negotiations in order to adopt 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.
22. This Agreement is binding on the U.S. Attorney’s Office and Cabin, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assigns. In the event that Cabin seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, Cabin will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.
23. The signatory for Cabin represents that he or she is authorized to bind Cabin to this Agreement.
24. This Agreement is the entire agreement between the United States and Cabin on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, is enforceable. This Agreement can only be modified by mutual written agreement of the parties.
25. This Agreement may be executed in counterparts, each of which is deemed to be an original, but such counterparts, taken together, shall constitute one and the same instrument. The parties intend to allow for the electronic imagining and storage of this Agreement, and the admissibility into evidence of such an image in lieu of the original paper version of this Agreement.
26. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement relieves Cabin of its obligation to otherwise comply with the requirements of the ADA.
27. All documents and communications required to be sent to the United States under the terms of this Agreement shall be sent to the following individual by overnight courier or, where practicable, by e-mail:

Jennifer S Wang
Assistant U.S. Attorney
Civil Division
United States Attorney’s Office
450 Golden Gate Avenue, 11th Floor
San Francisco, California 94102
jennifer.s.wang@usdoj.gov

EFFECTIVE DATE/TERMINATION DATE

28. The effective date of this Agreement is the date of the last signature below.
29. The duration of this Agreement will be three years from the effective date.