SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
WINNEWALD DAY CAMP,
LEBANON, NEW JERSEY
DJ # 202-48-279

BACKGROUND AND PARTIES

1. The parties to this Settlement Agreement are the United States of America and Winnewald Day Camp in Lebanon, New Jersey (“Winnewald”). 
2. The United States is authorized to investigate alleged violations of Title III of the Americans with Disabilities Act (“ADA”), and to bring a civil action in federal court if the United States is unable to secure voluntary compliance. 42 U.S.C. § 12188(a)(2) and 12188(b).
3. The United States initiated its investigation of Winnewald after receiving a complaint against Winnewald that alleged violations of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the regulation implementing Title III, 28 C.F.R. Part 36.  Winnewald is a place of public accommodation covered by Title III of the ADA.
4. Title III of the ADA prohibits public accommodations, including summer camps, from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods and services.  42 U.S.C. § 12182(a). Ensuring that summer camps do not discriminate against persons with diabetes is an issue of general public importance.
5. Under Title III of the ADA, a covered entity must make reasonable modifications to their policies, practices, and procedures when necessary to avoid discrimination on the basis of disability, unless the entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 
6. Complainant alleged that Winnewald discriminated on the basis of disability against Complainant's son, who has diabetes, by refusing to reasonably modify its policies, practices, or procedures so that he could participate in Winnewald' s summer camp during 2014.  28 C.F.R. § 35.130(b)(7).  It was also alleged that Winnewald subjected the Complainant, who is known to have a relationship or association with a person with a disability, to discrimination by denying Complainant equal access to programs that were offered to parents of children without disabilities.  28 C.F.R. § 35.130(g).
7. 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 protracted litigation.  The parties have therefore voluntarily entered into this Agreement.  The promises, obligations, or other terms and conditions set forth in this Agreement constitute the exchange of valuable consideration between the United States and Winnewald.

ACTIONS TO BE TAKEN BY WINNEWALD

8. Winnewald agrees not to discriminate against any child on the basis of the disability of diabetes; that is, Winnewald agrees to provide children with diabetes an equal opportunity to attend Winnewald Day Camp and to participate in all programs, services, or activities Winnewald provides to nondisabled children. 
9. Winnewald agrees that it will adopt, maintain, and enforce the policy attached hereto, and by reference incorporated herein as Exhibit 1 to this Agreement.  Within twenty (20) days of the effective date of this Agreement, Winnewald will (a) post a copy of the policy in a conspicuous area of Winnewald where its employees and members of the public can readily read the policy and (b) include on its website a statement of this policy.
10. Within thirty (30) days of the effective date of this Agreement, Winnewald shall provide mandatory training on the ADA and its prohibition on discrimination on the basis of disability for all employees who work with or in the summer camp. In subsequent years, on or before the start of any summer camp, Winnewald will provide mandatory training on the ADA and its prohibition on discrimination on the basis of disability for all employees who work with or in the summer camp.  During the term of this Agreement, the trainer and curriculum for such training shall be subject to approval by the United States, which approval shall not be unreasonably withheld. 
11. Within ninety (90) days of the effective date of this Agreement, Winnewald shall provide a report to the United States documenting its compliance with the Agreement.

CIVIL PENALTY

12. Winnewald shall issue a check or money order in the amount of $5000, payable to the “United States Treasury,” as a civil penalty, pursuant to 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3).  Winnewald shall deliver the check or money order, via Federal Express, to counsel for the United States within ten (10) business days of the effective date of this Agreement.

ENFORCEMENT

13. In consideration for the Agreement set forth above, the United States will not institute any civil action alleging discrimination under the ADA based on the allegations raised in DJ # 202-48-279, except as provided in paragraph 14.
14. The United States may review compliance with this Agreement at any time.  If the United States believes that Winnewald 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 Winnewald in writing and the Parties 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 Winnewald, it may institute a civil action in federal district court to enforce the terms of this Agreement or the requirements of Title III of the ADA.
15. Failure by the United States to enforce this Agreement with respect to any deadline or other provision herein will not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.
16. 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 Winnewald 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.
17. 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 (including its Exhibit and Attachments, which are hereby incorporated by reference), will 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 Winnewald's continuing responsibility to comply with all aspects of the ADA.
18. Winnewald shall not discriminate or retaliate against any person because of his or her participation in this matter.
19. A signatory to this document in a representative capacity for Winnewald represents that he or she is authorized to bind Winnewald to this Agreement.
20. This Agreement shall be binding on Winnewald, its agents and employees.
21. This Agreement will remain in effect for three (3) years following the effective date of this agreement.  Notwithstanding the term of this Agreement, Winnewald acknowledges it will comply with Title III.
22. The effective date of this Agreement is the date of the last signature below.