1.     The parties to this Settlement Agreement (“Agreement”) are the United States of America (“United States”) and City Cab Company (“City Cab”), located in Crestview, Florida.

2.     The United States Department of Justice (“Department”) is the federal agency responsible for administering and enforcing title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12188.

3.     City Cab is a private entity, primarily engaged in the business of providing taxi services to members of the general public on a regular and continuing basis, whose operations affect commerce. As such, City Cab provides public transportation services within the meaning of 42 U.S.C. § 12181(10) and 49 C.F.R. § 37.


4.     This matter was initiated by a complaint filed under title III of the ADA, 42 U.S.C. §§ 12181-12189, with the Department by [redacted] (“[redacted]”).

5.     [redacted] is an individual who is blind and utilizes a service animal. [redacted] alleges that on December 10, 2003, December 17, 2003 and January 2, 2004, he was denied taxi service by Lonnie Orr, a driver dispatched by City Cab, because Mr. Orr refused to transport his service animal.

6.     [redacted] is an individual with a disability within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.104.

7.     Title III of the ADA prohibits discrimination on the basis of disability in the full and equal enjoyment of specified public transportation services provided by an entity that is primarily engaged in the business of transporting people and whose operations affect commerce. 42 U.S.C. § 12184(a).

8.     City Cab admits that [redacted] was denied taxi service on December 10, 2003, as a result of Mr. Orr’s refusal to transport his service animal. City Cab alleges that [redacted] was refused service on that date because the vehicle driven by Mr. Orr was designated as City Cab’s sole smoke-free, animal-free vehicle. City Cab disputes that [redacted] was denied service on December 17, 2003 or January 2, 2004. City Cab maintains that it has a policy of transporting individuals who are accompanied by service animals. City Cab states that it no longer dispatches any vehicles that are designated as animal-free vehicles. City Cab further states that it has advised all drivers dispatched by City Cab, including Mr. Orr, that they are required to transport customers who are accompanied by service animals.

9.     In order to resolve this matter without engaging in protracted litigation, the parties have agreed to settle this matter according to the terms set forth below. This Agreement shall not be construed as an admission of liability by City Cab.


10.     City Cab agrees that it will not discriminate against any individual on the basis of disability in the full and equal enjoyment of its taxi services, within the meaning of 42 U.S.C. § 12184(a) and 49 C.F.R. § 37.29(c), by refusing to provide transportation and services to individuals with disabilities, including those accompanied by service animals.

11.     Within thirty (30) days of the effective date of this Agreement, City Cab agrees to adopt a written policy indicating that all persons with disabilities, including those accompanied by service animals, are welcome in all vehicles dispatched by City Cab. A copy of the policy is attached hereto as Exhibit 1.

12.     Within ten (10) days of the date on which City Cab implements the policy pursuant to paragraph 11, above, City Cab shall distribute the policy to all staff, including all taxi drivers dispatched by City Cab. City Cab shall ensure that all new staff and taxi drivers receive a copy of the policy within ten (10) days of beginning service for City Cab.

13.     City Cab shall train all present and future staff, including taxi drivers dispatched by City Cab, to ensure that all people with disabilities, including those with service animals, are treated in a nondiscriminatory manner and are afforded the same service and courtesy as that afforded to other customers.

14.     For a period of one (1) year, commencing thirty (30) days from the effective date of this Agreement, City Cab agrees to provide [redacted] with certain taxi services free of charge, as follows:

(a) City Cab shall provide [redacted] up to one (1) one-way taxi ride per day, within the City limits of Crestview, Florida, between the hours of 6:00a.m. and 5:00p.m., Monday through Friday;

(b) It is understood and agreed that the complimentary taxi services are to be provided by taxi driver Jefferson Carpenter, subject to Mr. Carpenter’s availability.

(c) In order to secure a ride free of charge, [redacted] or his designee must contact City Cab, identify [redacted] as the passenger, and request a complimentary ride from Mr. Carpenter;

(d) [redacted] is encouraged to contact City Cab at least twenty-four (24) hours in advance, whenever practicable, in order to ensure Mr. Carpenter’s availability for a specific pick-up date and time. However, [redacted] is not required to call in advance in order to secure a ride free of charge;

(e) City Cab shall make good faith efforts to arrange transportation free of charge for [redacted], when [redacted] calls to request a complimentary ride. However, City Cab may deny [redacted]’s request for transportation free of charge in the event that Mr. Carpenter is not available to transport him. If Mr. Carpenter is not available to transport [redacted], City Cab shall advise [redacted] of Mr. Carpenter’s unavailability, and shall attempt to arrange an alternate mutually convenient pick-up time. If [redacted] and City Cab are not able to identify another satisfactory pick-up time, City Cab shall inquire whether [redacted] seeks to have a taxi dispatched at City Cab’s regular rate.

15.     To receive the relief provided to him under this Agreement, [redacted] must execute the Waiver and Release of Claims form attached hereto as Exhibit 2. In consideration of the promises made in paragraph 14 of this Agreement, the Department agrees that within thirty (30) days of the effective date of this agreement, it will obtain [redacted]’s signature on the Waiver and Release of Claims form. The Department will mail the original signed Waiver and Release of Claims form to City Cab within fifteen (15) days of the Department’s receipt of the form from [redacted].

16.     In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters related to the allegations in Complaint No. 202-17-26, except as provided in Section V of this Agreement.


17.     City Cab shall keep an up-to-date log documenting each instance that [redacted] is denied transportation free of charge pursuant to paragraph 14. The log shall reflect the date and time that [redacted] or his designee contacted City Cab to request transportation; the identity of the individual who received the request for transportation; the date and time that [redacted] sought to be picked up; any efforts made by City Cab to arrange transportation for [redacted]; and the reason(s) [redacted]’s request was denied. If [redacted] was denied transportation based on Mr. Carpenter’s lack of availability, the specific reason(s) for Mr. Carpenter’s unavailability should be included.

18.     City Cab shall maintain the log described in paragraph 17 for the duration of this Agreement. City Cab shall make the log available to the United States for inspection and copying upon ten (10) days written notice to City Cab.


19.     The Department may review compliance with this Agreement at any time and may enforce this Agreement if the United States believes that it or any requirement thereof has been violated. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with City Cab and the parties will attempt to resolve the concern(s) in good faith. The United States will give City Cab thirty (30) days from the date it notifies City Cab of any breach of this Agreement to cure that breach, prior to instituting any court action. If the parties are unable to reach a satisfactory resolution within that time frame, the United States may bring a civil action for appropriate relief in federal district court.

20.     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 the United States’ right to enforce other deadlines and provisions of this Agreement.


21.    This Agreement constitutes the entire agreement between the parties relating to Complaint No. 202-17-26, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Agreement, shall be enforceable regarding the matters raised herein.

22.     This Agreement shall be binding on City Cab, its agents, employees, and successors in interest.

23.     This Agreement does not affect City Cab’s continuing responsibility to comply with other applicable provisions of the ADA and 49 C.F.R. pt.37.

24.     This Agreement shall be in full force and effect for a period of two (2) years after the effective date of the Agreement. The effective date of this Agreement shall be the date of the last signature below.

25.     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 City Cab 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.



26.     If, due to unforeseen circumstances, Jefferson Carpenter becomes unable to carry out its obligations pursuant to paragraph 14 of this Agreement, City Cab shall notify the United States, in writing, within ten (10) days of the changed circumstances. The United States and City Cab then shall engage in good faith negotiations in order to adopt a mutually agreeable amendment to this Agreement.


Assistant Attorney General
Civil Rights Division

Allison J. Nichol, Deputy Chief
Anat Ehrlich, Senior Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave.,
NW DRS, 1425 NYA
Washington, D.C. 20530

Date: ______3/27/06__________



Date: 3- 22- 06      


Date:    3- 22- 06      



City Cab does not discriminate against any persons with disabilities, including those accompanied by service animals. Service animals are welcome onboard any City Cab taxi and in any of City Cab's facilities that are open to its customers. A service animal is any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Drivers must stop for passengers accompanied by service animals who are hailing or have called for a taxi, if they would stop for other passengers under the same circumstances. No additional fee or deposit may be charged to transport service animals.

City Cab shall not require its customers with service animals to provide proof that the service animal is licensed or certified as a service animal. If City Cab is uncertain whether an animal is a service animal, the Company or driver may ask the customer whether the animal is required because of a disability; if the animal has been trained to perform services; and the nature of the services performed by the animal. No other inquiry into the service animal or the customer's disability is permitted. City Cab is not responsible for the care or supervision of any service animal.

City Cab may exclude any service animal that displays vicious or aggressive behavior towards its drivers or other customers, or otherwise poses a direct threat to the health and safety of others. However, City Cab and its drivers shall not make assumptions about how a particular animal is likely to behave; each situation must be considered individually.




For and in consideration of the acceptance of the injunctive relief offered to me by City Cab Company (“City Cab”), pursuant to a Settlement Agreement between the United States of America (“United States”) and City Cab:

I, [redacted], hereby release and discharge City Cab, and all of its former and future officers, agents, directors, employees, and desig-nees, of and from any and all legal and equitable claims arising from or related to the facts and circumstances described in the Settlement Agreement resolving Department of Justice Complaint number 202-17-26 under title III of the Americans with Disabilities Act, including but not limited to, all claims for monetary or equitable relief that I may have under federal, state, or local law.

I understand that the relief offered to me does not constitute an admission by City Cab of the validity of any claim raised by me or on my behalf.  I acknowledge that a copy of the Settlement Agreement between the United States and City Cab resolving the matter between them has been made available to me.  This Release constitutes the entire agreement between myself and City Cab.

I have read this Release and understand the contents thereof and I execute this Release of my own free act and deed.  I acknowledge that I have had the opportunity to discuss this matter with counsel of my choosing.                                                                                               


            Signed this _________ day of __________, 2006.


Sworn and subscribed to before me this______day of_____________,2006

                                                                                       Notary Public

My commission expires:______________


October 4, 2006