SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
COLORADO RUSH SOCCER CLUB
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ # 202-13-323

I. BACKGROUND

1. This action was initiated by a complaint submitted to the United States against Colorado Rush Soccer Club (“Colorado Rush”). The Attorney General is responsible for administering and enforcing Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189, and the relevant regulation implementing Title III, 28 C.F.R. Part 36.
2. Colorado Rush is a private Colorado non-profit organization the mission of which is to develop youth soccer players through organizing soccer leagues, teams, tournaments, and other soccer programs in Colorado for youth ages 6-18. Colorado Rush organizes soccer leagues with multiple teams in and around the suburbs of Denver, and in Colorado Springs. Colorado Rush hosts annual soccer tournaments for Colorado Rush teams and other soccer teams. Colorado Rush organizes and operates a number of instructional and recreational soccer programs for youth. Colorado Rush organizes and operates a Development Academy for boys and girls that is an elite soccer development program and has placed players on various U.S. Soccer teams. Colorado Rush owns or leases soccer fields and associated facilities, including one facility with living quarters.
3. The complainants in this matter are the parents of a deaf minor, who is an individual with a disability within the meaning of 42 U.S.C. § 12102(1)(A) and its implementing regulation 28 C.F.R. Part 36.
4. Colorado Rush is a public accommodation as defined by 42 U.S.C. § 12181(7)(L), and its implementing regulation, 28 C.F.R. § 36.104, because it is a private entity that owns, operates, leases, or leases to places of public accommodation, including places of exhibition, entertainment, exercise or recreation. 28 C.F.R. § 36.104 (definition of place of public accommodation). Accordingly, Colorado Rush is subject to the applicable requirements of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and its implementing regulations at 28 C.F.R. Part 36.
5. Title III of the ADA and its implementing regulation prohibit discrimination on the basis of disability by public accommodations. Title III requires public accommodations to ensure that no individual with a disability is discriminated against in the full and equal enjoyment of goods, services, facilities, privileges, advantages or accommodations. 42 U.S.C. § 12182; 28 C.F.R. § 36.201(a). Specifically, Title III requires public accommodations to take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids or services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of its goods, services, facilities, privileges, advantages or accommodations, or would result in an undue burden. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303(a).
6. The complainants allege that Colorado Rush failed to provide their son with appropriate auxiliary aids and services after Colorado Rush ceased providing sign language interpretation services for their then-eight-year-old son, N.K., for practices and games as a member of a Colorado Rush soccer team. The complainants further allege that Colorado Rush failed to offer any appropriate auxiliary aids or services that were necessary to ensure effective communication with N.K. so that he could participate in and benefit from Colorado Rush’s soccer programs on an equal basis with his non-disabled peers.
7. The United States has investigated this complaint under the authority granted by the ADA, 42 U.S.C. § 12188(b)(1)(A)(i), and 28 C.F.R. § 36.502. Without acknowledging breach of any legal obligation, Colorado Rush has voluntarily agreed to take the steps set forth in this Settlement Agreement in order to demonstrate good faith and ensure future compliance with its responsibilities under Title III.
8. The United States is authorized to investigate alleged violations of Title III of the ADA, to use alternative means of dispute resolution, where appropriate, including settlement negotiations, to resolve disputes, and to bring a civil action in federal court in any case that raises issues of general public importance. 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 503, 506.
9. All parties agree that it is in their best interests, and the United States believes it is in the public interest, to resolve this matter promptly and without litigation. In consideration of the terms of this Settlement Agreement (“Agreement”), the United States agrees to refrain from undertaking further investigation or from filing a civil suit in this action, except as provided in paragraphs 25 and 26, below.

II. REMEDIAL ACTIONS

1. Non-Discrimination
   10. Colorado Rush will not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages, or accommodations or otherwise violate any provision of Title III of the ADA, 42 U.S.C. §§ 12181-12189, or the Title III implementing regulation, 28 C.F.R. Part 36, including but not limited to the following:
   1. Colorado Rush will furnish appropriate auxiliary aids and services,¹ free of charge, when necessary to ensure effective communication with individuals with disabilities and shall take any and all steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. §§ 36.301(c), 36.303;
   2. Colorado Rush will consider the types of auxiliary aids and services that will ensure effective communication. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual, including: the nature, length, and complexity of the communication involved, and the context in which the communication is taking place, 28 C.F.R. § 36.303(c)(ii);
   3. Colorado Rush will consult with individuals with disabilities to determine the type of auxiliary aid necessary to ensure effective communication, 28 C.F.R. § 36.303(c)(ii), and will provide timely responses to requests for auxiliary aids and services;
   4. Colorado Rush shall not require an individual who is deaf or hard of hearing to bring another individual to interpret for him or her, unless that individual with a disability specifically requests a companion to interpret for him or her, 28 C.F.R. § 36.303(c)(2);
   5. The decision regarding the type of auxiliary aid or service to ensure effective communication ultimately rests with Colorado Rush, but the auxiliary aid or service must result in effective communication, 28 C.F.R. § 36.303(c)(ii). If Colorado Rush does not have an alternative means to ensure effective communication, it may only refuse to provide an auxiliary aid or service that would be effective if such auxiliary aid or service would result in an undue burden, which means a significant difficulty or expense, 28 C.F.R. § 36.303(a).
   6. Colorado Rush will not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA, 42 U.S.C. § 12203 and 28 C.F.R. § 36.206.
2. Adoption and Implementation of ADA Auxiliary Aid and Service Policy
11. Within 60 days of the Effective Date of this Agreement, Colorado Rush will submit for the approval of the United States, an ADA Auxiliary Aid and Service Policy (“ADA Policy”) that includes the Non-Discrimination provisions in Subsection (A) above, and the policies and procedures Colorado Rush has adopted in order to comply with those provisions.
12. Within 60 days of the Effective Date of this Agreement, Colorado Rush will submit for the approval of the United States, a one-page document for distribution to all team coaches and all program instructors outlining their obligations to provide appropriate auxiliary aids or services to participants with disabilities, and the process for considering such requests from individuals with disabilities, and include contact information for the ADA Contact Person (“One Pager”).
13. Within 10 days of the United States final approval of the ADA Policy, Colorado Rush will distribute the ADA Policy and One Pager to all employees, instructors, and coaches, whether paid or unpaid, currently associated with Colorado Rush. Colorado Rush will send to the United States documentation confirming the implementation and distribution of the ADA Policy and One Pager to the aforementioned individuals.
14. Within three days of their hire or engagement date, Colorado Rush will distribute the ADA Policy and One Pager to all new employees, instructors, and coaches, whether paid or unpaid.
15. Within 10 days of the United States’ final approval of the ADA Policy, Colorado Rush will post and maintain a copy of the ADA Policy on its website in a location that is easy for the public to find (i.e., directly linked to the primary web portals used by the public with an appropriate description of the Policy at the link located on those portals – e.g., ADA Policy and Contact Person), in a format accessible to persons with disabilities.
16. Within 60 days of the Effective Date of this Agreement and thereafter at least once per year for the term of this Agreement, Colorado Rush shall provide an educational training program regarding its obligations under Title III of the ADA, this Agreement, and the ADA Policy to all Colorado Rush employees, instructors, and coaches, whether paid or unpaid. The identity of the trainer and all materials must be approved in advance by the United States. Pursuant to its reporting obligations under this Agreement, Colorado Rush will send the United States reasonable proof that each training has occurred and that all required individuals have received it.
3. ADA Contact Person
   17. Within 60 days of the Effective Date of this Agreement, Colorado Rush will designate or hire an ADA Contact Person who is a full-time staff member of Colorado Rush, and identify that person to the United States. The ADA Contact Person will:
   1. implement and administer Colorado Rush’s obligations under this Agreement, including compliance with all reporting requirements herein;
   2. serve as Colorado Rush’s primary administrative contact on disability issues for the public and for the Parties to this Agreement;
   3. have authority within Colorado Rush to implement changes and effectuate this Agreement;
   4. be responsible for Colorado Rush’s compliance with Title III of the ADA, including being the primary point of contact and decisionmaker regarding requests for auxiliary aids and services; and
   5. receive, at Colorado Rush’s expense, appropriate training on the requirements of Title III of the ADA no later than 60 days after appointment.
   18. Within 30 days of Colorado Rush’s receipt of a lawsuit, complaint, charge, or grievance alleging a violation of Title III of the ADA, Colorado Rush will notify the United States in writing via e-mail to zeyen.wu@usdoj.gov. The notification to the United States will include the nature of the allegation and the name and contact information of the person(s) making the allegation. Colorado Rush will reference this provision of the Settlement Agreement in the notification to the United States.

III. MONETARY RELIEF

19. Pursuant to 42 U.S.C. § 12188(b)(2), the parties agree to the following monetary relief: Colorado Rush will pay $5,845 in compensation to the complainants within ninety (90) days of the Effective Date of this Agreement.
20. Within ten (10) days of payment in full of the amount set forth in paragraph 19, the United States will send the release form attached hereto as Attachment A to the complainants. Within ten (10) days of receiving the signed release form, the United States will send a copy to Colorado Rush.
21. Within one hundred eighty (180) days of the Effective Date of this Agreement, Colorado Rush will pay to the United States the sum of $5,155 in civil penalties.
22. All payments will be sent by overnight delivery to Zeyen Wu at the U.S. Attorney’s Office for the District of Colorado, 1801 California St., Ste. 1600, Denver, CO 80202.

IV. ENFORCEMENT

23. Term of Agreement. This Agreement will remain in effect for 36 months from the Effective Date.
24. Reporting. During the term of this Agreement, Colorado Rush will provide a report annually to the United States, on the anniversary of the Effective Date of this Agreement, regarding its progress with respect to the completion of its responsibilities pursuant to paragraphs 11 through 18 of this Agreement. Colorado Rush will send each report to Assistant U.S. Attorney Zeyen Wu at zeyen.wu@usdoj.gov. Each report will identify and document (e.g., with copies of policies and procedures, contracts, photographs, training curriculum, and training materials) the modifications made by Colorado Rush, training of employees that occurred (by date and the content of the training), and any ADA-related policies that Colorado Rush adopted.
25. Enforcement. The Attorney General is authorized, pursuant to 42 U.S.C. § 12188(b)(1)(B), to bring a civil action under Title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this Agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing a civil suit under Title III based on the allegations in this Agreement, except as provided in paragraph 26 below. Nothing contained in this Agreement is intended or may be construed as a waiver by the United States of any right to institute proceedings against Colorado Rush for violations of any statutes, regulations, or rules administered by the United States or to prevent or limit the right of the United States to obtain relief for other violations of the ADA, or other federal law.
26. Review of Compliance. The United States may review compliance with this Agreement at any time, including, but not limited to, attending any Colorado Rush practices or games, or visiting Colorado Rush facilities. If the United States believes that Colorado Rush has failed to comply in a timely manner with any requirement of this Agreement, the United States will notify Colorado Rush, and it will attempt to resolve the issues in good faith. If the United States is unable to reach a satisfactory resolution of the issues raised within 30 days of the date it notifies Colorado Rush, it may institute a civil action in federal court to enforce the terms of this Agreement or Title III of the ADA and may, in such action, seek any relief available under law. The Parties agree that venue for any action to enforce this Agreement or under Title III of the ADA is in federal district court for the District of Colorado.
27. Entire Agreement. This Agreement constitutes the entire agreement between the United States and Colorado Rush on the matters raised, and no other statement, promise, or agreement made in the course of the United States’ investigation, will be enforceable. No other statement, promise, or agreement made in the course of the United States’ investigation shall be used in interpreting this Agreement. This Agreement does not affect Colorado Rush’s continuing responsibility to comply with all aspects of the ADA and other federal laws.
28. Binding. This Agreement is binding on Colorado Rush and principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, and legal representatives thereof. Colorado Rush has a duty to so inform any such successor in interest of this Agreement.
29. Non-Waiver. Failure by the United States to enforce this Agreement with regard to any deadline or any provision is not a waiver of the United States’ right to enforce any deadlines and provisions of this Agreement.
30. Availability of Settlement Agreement. A copy of this Agreement will be made available to any person by Colorado Rush or the United States on request.
31. Severability. In the event a Court determines that any provision of this Agreement is unenforceable, that provision will be severed from this Agreement, and all other provisions will remain valid and enforceable.
32. Authorized to Sign. The person signing this Agreement for Colorado Rush represents that he or she is authorized to bind Colorado Rush to this Agreement.