SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE DANBURY SPORTS DOME, LLC
DOJ #204-14-195

BACKGROUND AND PARTIES

1. The parties to this Settlement Agreement (the “Agreement”) are the United States of America and the Danbury Sports Dome, LLC (hereinafter the “Sports Dome” and together with the United States, the “Parties”).
2. The United States is authorized to investigate alleged violations of Title III of the Americans with Disabilities Act (“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 involves a pattern or practice of discrimination or that raises an issue of general public importance. 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 36.503, 36.506.
3. The United States initiated its investigation of the Sports Dome after receiving a complaint from the parents of W.Z., a minor, that the Sports Dome violated Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the regulation implementing Title III, 28 C.F.R. Part 36.  W.Z. is a child with food allergies that substantially limit one or more of W.Z.’s major life activities.  42 U.S.C. § 12102; 28 C.F.R. § 36.105 (defining “disability” for purposes of Title III of ADA).  Accordingly, W.Z. has a disability within the meaning of 42 U.S.C. § 12102(1 & 2) and 28 C.F.R. § 36.105.
4. Title III of the ADA prohibits public accommodations 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).  The facility operated by the Sports Dome is a place of public accommodation because it is a gymnasium or other place of exercise or recreation.  42 U.S.C. §§ 12182(a); 12181(7)(L); 28 C.F.R. § 36.104(12).  As a result, the Sports Dome is a public accommodation because it owns, operates, leases or leases to a place of public accommodation, and is thus subject to the ADA’s Title III requirements.  Ensuring that gymnasiums, sports centers, and other places of exercise and recreation do not discriminate against persons with disabilities is an issue of general public importance.
5. Under Title III of the ADA, a public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.  42 U.S.C. § (b)(2)(A)(i); 28 C.F.R. § 36.301(a).
6. Under Title III of the ADA, a public accommodation must make reasonable modifications to its policies, practices, and procedures when necessary to avoid discrimination on the basis of disability, unless the entity can show that making the modifications would fundamentally alter the nature of the service, program, or activity. 42 U.S.C. § 12182(b)(2)(A); 28 C.F.R. § 36.302(a & b).
7. The parents of W.Z. alleged that the Sports Dome discriminated on the basis of disability against W.Z. when it refused to admit him to its summer camp program because he has food allergies and refused to reasonably modify its policies, practices, or procedures so that W.Z. could participate in the Sports Dome’s summer camp program in 2016.
8. The Sports Dome has cooperated with the United States’ investigation and has committed to fully complying with the ADA.  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.

INVESTIGATION

9. The facility operated by the Sports Dome is located at 25 Shelter Rock Lane, Danbury, Connecticut.
10. The Sports Dome offers an array of sports programs for a wide range of ages and skill levels, including club sports and summer and school break camps.  Camps include a variety of sports such as kickball, dodge ball, whiffle ball, soccer, inflatables, and field games.  At the time of the events that were the subject of the complaint, the summer camp programs did not provide lunch and campers were responsible for providing their own lunches.
11. W.Z., who is a person with a disability, is able to participate in physical activities including all sports activities offered by the Sports Dome’s summer camp program.
12. In early 2016, W.Z.’s parents enrolled W.Z. in spring break camp and summer camp at the Sports Dome.  At the time, W.Z. was 4 years old.  W.Z.’s mother explained at the time of enrollment that W.Z. had severe food allergies to eggs and peanuts, that the family would provide lunch for W.Z. each day of camp, and that the family would provide a doctor’s note to the Sports Dome with instructions for how to administer medication, including Benadryl or an Epi-pen, to W.Z. should he have an allergic reaction.
13. W.Z. attended spring break camp without issue.  Each day of spring break camp, W.Z.’s parents dropped W.Z. off with lunch and provided the coach with W.Z.’s Benadryl and Epi-pen.
14. W.Z. was dropped off for the first day of summer camp with his lunch, new copies of his doctor’s note, and his Benadryl and Epi-pen.  After W.Z. was dropped off, the Sports Dome called his mother to come pick him up.  The individual who called W.Z.’s mother stated that the Sports Dome could not accept the liability of having someone with severe food allergies at the camp and that the Sports Dome would not have someone present at all times who could administer W.Z.’s medication should he have an allergic reaction.
15. The United States investigated the allegations and determined that the Sports Dome refused to allow W.Z. to participate based on his diagnosed food allergies and that the Sports Dome failed to demonstrate that modification to its policies, practices, and procedures to accommodate W.Z. would have fundamentally altered the nature of the service, program, or activity offered by the Sports Dome.  42 U.S.C. § 12182(b)(2)(A); 28 C.F.R. § 36.302(a & b).
16. The Sports Dome violated the ADA by imposing impermissible eligibility criteria, refusing to allow W.Z. to participate in the summer camp program based solely on the fact that he has diagnosed food allergies, and by refusing to make reasonable modifications for W.Z. where such modifications would not have fundamentally altered the nature of the Sports Dome’s program.

ACTIONS TO BE TAKEN BY THE SPORTS DOME

17. The Sports Dome agrees not to discriminate against any child on the basis of his or her disability.  Specifically, the Sports Dome agrees to provide children with disabilities an equal opportunity to participate in the same camps, programs, services, or activities that it provides to children without disabilities.  The Sports Dome further agrees not to impose or apply eligibility criteria that screen out or tend to screen out individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations of the Sports Dome.
18. The Sports Dome further agrees to make reasonable modifications to its policies, practices, and procedures when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities.
19. When an individual with a disability (or his or her parents or guardians) seeks a reasonable modification to the Sports Dome’s policies, practices, or procedures, the Sports Dome’s personnel shall:
1. Promptly consider the requested modification(s), the age and skill level of the child, the program in which the child is or will be enrolled, and other pertinent facts;
2. Upon receiving a request for a modification that the Sports Dome’s personnel does not automatically grant, the Sports Dome’s personnel will initiate a discussion with the individual making the request and/or that individual’s parents or guardians—and, when appropriate, the child—to explore what modification(s) may be necessary.  Following the discussion, the Sports Dome’s personnel may:
1. Grant the request, or
2. If more information is needed, make a narrowly-tailored request for documentation relating to the child’s disability and any necessary modification(s); this request may include documentation from a medical professional with knowledge of the child and his or her disabilities and the accommodations requested. 
3. After an individualized assessment of the request is completed, and if the request for a modification is denied, the Sports Dome’s personnel will document each and every reason for the denial of the request and shall submit that documentation to the individual and/or the individual’s parents or guardians.
4. The Sports Dome will make a good faith effort to provide a response to a request for modification, in writing, within 5 business days from the date the request is received.
20. The Sports Dome agrees that it will adopt, maintain, and enforce the policy attached hereto, and by reference incorporated herein as Exhibit 1 to this Agreement.  Within 20 days of the effective date of this Agreement, the Sports Dome will post a copy of the policy in a conspicuous area of its facility where its employees and members of the public can readily read the policy.
21. Within 20 days of the effective date of this Agreement, the Sports Dome will post to its website a copy of the policy attached hereto as Exhibit 1.  The policy will be accessible from a new link entitled “Nondiscrimination Policy,” to be located on the list of links on the left hand side of the main website located at http://www.DanburySportsDome.com.  There will also be a link to the policy accessible from the Camps and Summer Camps page.  Alternatively, the Sports Dome may, with the advance approval of the United States Attorney’s Office (which will not be unreasonably withheld), post the policy in another location on its website.
22. The Sports Dome shall continue to post the policy attached hereto as Exhibit 1 for at least the term of this Agreement.  If the Sports Dome creates a new webpage, it will post the policy in an equally prominent location on the new webpage.  The posting/publication of the policy will, in all instances, occur in a font style and size equivalent to other material on the Sports Dome’s website.
23. Within 20 days of the effective date of this Agreement, the Sports Dome shall designate an employee to serve as an ADA Coordinator.  That employee shall have sufficient training and authority to endeavor to ensure that the Sports Dome remains in compliance with this Agreement.  This employee should be available to discuss, explain and coordinate the handling of ADA training and complaints pursuant to this Agreement.
24. Within 90 days of the effective date of this Agreement, and continuing for at least the term of this Agreement, the Sports Dome will include the following language in its registration materials (both hard copy and electronic) in addition to listing the title and full name and contact information for the Sports Dome’s ADA Coordinator:

When a child with a disability needs a reasonable modification to a program offered by the Danbury Sports Dome, or needs a modification to the Danbury Sports Dome’s rules, policies, or practices in order to participate fully and equally in the Danbury Sports Dome’s programs in the most integrated setting, the parents or guardians of the child should inform the Danbury Sports Dome’s ADA Coordinator.  The request should describe the nature of the individual’s disability and the modification needed.  Upon receiving a request for an accommodation, the Danbury Sports Dome will work with the parents or guardians of the child in order to make an individualized assessment as to whether the requested accommodation can be granted. 

25. The language required under the preceding paragraph will, in all instances, occur in a font style and size equivalent to other notices on the Sports Dome’s registration material.
26. Within 60 days of the entry of this Agreement, the Sports Dome will provide its employees with training regarding Title III of the ADA.  The training will cover the anti-discrimination provisions of Title III of the ADA, the duty to make reasonable modifications to policies, practices, and procedures under the ADA, the Sports Dome’s obligations under Title III of the ADA, and the policy attached hereto as Exhibit 1.  This training will be provided by the ADA Coordinator (pursuant to Paragraph 23 of this Agreement) or an outside consultant.  This training shall be conducted live, and shall include an opportunity to pose questions to the individual(s) conducting the training at the conclusion of the training session.  The Sports Dome will send the proposed training materials to the United States for pre-approval. 
27. Reporting. 
1. Initial: Within 90 calendar days following the effective date of this Agreement, the Sports Dome shall submit a report to the United States confirming its fulfillment to date of the requirements of this Agreement.  The Sports Dome will include in this report a copy of the attendance log from the training conducted pursuant to Paragraph 26 of this Agreement.
2. Continuing Reports: During the term of this Agreement, the Sports Dome shall report to the United States not less than once every 12 months. Such report shall include:
1. A description of each request for a modification to the Sports Dome program, including the initials of the child on whose behalf the request was made, the description of the request, the date the request was made;
2. A description of the Sports Dome’s response to the request for a modification, including the date that the Sports Dome reached a decision on the request, the nature of that decision, and the name of the Sports Dome employee primarily responsible for handling the request;
3. Knowledge of any lawsuit, written complaint, charge, or other allegation that the Sports Dome has engaged in disability-based discrimination.  Such notice will include, at a minimum, a description of the nature of the allegation, the name(s) of the individual(s) bringing the allegation, and all documentation possessed by the Sports Dome relevant to the allegation.
28. During the term of this Agreement, the Sports Dome agrees to cooperate with the United States with respect to any request by the United States for information or documents relating to its compliance with the terms of this Agreement.
29. All information provided pursuant to the above reporting requirements under this Agreement should be provided to the United States at the following address:

Jessica H. Soufer
Assistant U.S. Attorney
United States Attorney’s Office
157 Church Street
New Haven, CT 06510

ENFORCEMENT

30. 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 # 204-14-195, except as provided in Paragraph 31 of this Agreement.
31. The United States may review the Sports Dome’s compliance with this Agreement at any time.  If the United States believes that the Sports Dome has failed to comply in a timely manner with any requirement of this Agreement without obtaining from the United States advance written agreement for a modification of the relevant terms, the United States will so notify the Sports Dome 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 30 days of the date it provides notice to the Sports Dome, 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.
32. 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.
33. 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 the Sports Dome 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.
34. 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 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 the Sports Dome’s continuing responsibility to comply with all aspects of the ADA.
35. The Sports Dome shall not discriminate or retaliate against any person because of his or her participation in this matter.
36. A signatory to this document in a representative capacity for the Sports Dome represents that he or she is authorized to bind the Sports Dome to this Agreement.
37. This Agreement shall be binding on the Sports Dome, its agents and employees.
38. This Agreement will remain in effect for three years following the effective date of this agreement.  Notwithstanding the term of this Agreement, the Sports Dome acknowledges it has ongoing obligations to comply with Title III.
39. The effective date of this Agreement is the date of the last signature below.