1. The parties to this Settlement Agreement are the United States of America (“United States”) and Experimental Aircraft Association (“EAA”).
  2. This matter is based on a complaint filed with the United States Department of Justice, DJ #202-85-83, that alleged that EAA discriminated against an individual with a disability in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181, et seq.  Specifically, the complaint alleged that EAA refused to allow the Complainant, an individual with a disability who uses a Segway® as a mobility device, to use the Segway® at EAA AirVenture events.

  4. The Attorney General is responsible for enforcing Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulations implementing Title III’s public accommodations provisions, 28 C.F.R. Pt. 36, and regulations pertaining to the use of other power-driven mobility devices (“OPDMDs”), 28 C.F.R. § 36.311(b)(1).
  5. The Complainant, an individual with multiple sclerosis, has a physical impairment that substantially limits one or more major life activities. Accordingly, she has a disability within the meaning of 42 U.S.C. § 12102.
  6. EAA is a non-profit charitable organization, with an international membership.  EAA has approximately 180,000 members in 900 chapters located in the United States and elsewhere.
  7. EAA hosts an annual seven-day convention and airshow called “AirVenture,” held at the Wittman Regional Airport in Oshkosh, Wisconsin.  AirVenture attracts approximately a half million visitors each year.  EAA sponsored AirVenture is held at a place of public accommodation subject to 42 U.S.C. § 12181(7). Such entities are required, among other things, to make reasonable modifications of policies, practices, or procedures to permit the use of mobility devices by an individual with a disability.  42 U.S.C. § 12184(b)(2)(ii); 28 C.F.R. § 36.311.
  8. Under title III of the ADA, no individual shall be discriminated against on the basis of advantages or accommodations of any place of public accommodation.  As a result of its investigation, the United States has determined that:
    1. The Complainant has multiple sclerosis and uses a Segway® as a mobility device. On July 28, 2012, the Complainant and family attended the EAA AirVenture convention.  While on the grounds of the AirVenture event, the Complainant was stopped by security personnel and informed that the Segway® was not permitted on the grounds.
    2. EAA staff required that the Segway® be removed from the premises.  The Complainant was required to use a sit-down mobility scooter at the convention as a mobility device for use on the premises instead of the Segway®.
    3. EAA discriminated against the Complainant by failing to modify its policies, practices or procedures to permit the use of a OPDMD by an individual who requires the use of a Segway® because of a disability, in violation of 42 U.S.C. §§12182(a) and (b)(2)(A)(ii).
    4. The steps taken by EAA in relation to the above complaint were inadequate to achieve ADA compliance in connection with the Complainant.
  9. EAA confirms its commitment to maintain policies, practices, and procedures as set forth in the Agreement to ensure that individuals with disabilities enjoy the goods, services, facilities, privileges, advantages, and accommodations of the services it provides.
  10. The parties agree that it is in their best interests, and the United States believes it is in the public interest, to resolve this dispute without engaging in formal litigation.  The parties have therefore entered into this Agreement voluntarily, agreeing as follows:

  12. The EAA shall not discriminate against any individual on the basis of disability, in the full enjoyment of the EAA’s goods, services, facilities, privileges, advantages, or accommodations in violation of the ADA and its implementing regulations, 28 C.F.R. pt. 36.
  13. EAA has adopted a “Training Policy Regarding Visitors With Disabilities” (“Training Policy”) that includes visitors who require the use of OPDMDs such as Segways®, Attachment A to this Agreement.  The Training Policy ensures that individuals with mobility disabilities will be permitted to use OPDMDs such as Segways® that are required because of the person’s mobility disability at EAA AirVenture events.
  14. EAA has an official website, that, among other things, advises the public that OPDMDs are permitted when required because of the individual’s mobility disability, and when operated in a safe manner, consistent with 28 C.F.R. 36.311(b)(1).
  15. EAA will provide this training: (a) to all EAA full-time permanent staff during routing new employee orientation or within one month of beginning employment with the EAA, whichever is earlier; and (b) to all part-time and temporary staff and all volunteers whose duties will include contact with AirVenture visitors at entry points, and all AirVenture security staff including employees, volunteers and contractors.
  16. Within sixty (60) days of the effective date of this Agreement, EAA will send a letter offering the Complainant, on request, four (4) seven-day passes for free admission to EAA AirVenture for use by the Complainant and family members, for either AirVenture 2014 or 2015 at the Complainant’s discretion.  This letter will be mailed to the Complainant at the address provided by counsel for the United States. EAA will simultaneously send a copy of the letter to counsel for the United States.
  17. EAA shall not discriminate or retaliate against any person because of his or her participation in this matter.

  19. Within fourteen (14) days of receipt by EAA of any complaint related to persons using OPDMDs,  EAA shall promptly send an electronic message to Lennie A. Lehman, Assistant United States Attorney for the Eastern District of Wisconsin, with a copy of any such complaint, or, if EAA receives an oral complaint, a description of the complaint, and EAA’s response(s).

  21. In consideration of 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 #202-85-83 and EDWI #2013V00259, except as provided in paragraph 18, below.
  22. The United States may review the EAA’s compliance with this Agreement or Title III of ADA at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise concerns with EAA and the parties will attempt to resolve the concerns in good faith.  The United States will give EAA thirty (30) days From the date it notifies EAA of any breach of this Agreement to cure that breach.  If the United States is unable to reach a satisfactory resolution of the issue(s) raised within thirty (30) days of the date it provides notice to EAA, it may file a civil action in the appropriate United States District Court to enforce this Agreement or Title III of the ADA against any party or parties failing to comply with this agreement after the notice and cure periods have expired.
  23. Failure by the United States to enforce any of the provisions of this Agreement shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement.
  24. 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 EAA 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.
  25. This Agreement shall be binding on EAA, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assignees.  In the event that EAA seeks to sell, transfer, assign all or part of its interest in EAA AirVenture during the term of this Agreement, as a condition of sale, transfer, or assignment, EAA shall obtain the written accession of the successor or assignee to any obligation remaining under the Agreement for the remaining term of this Agreement.
  26. The signatory of this document in a representative capcity of EAA represents that he is authorized to bind the EAA to this Agreement.
  27. This Agreement constitutes the entire agreement between the United States and EAA on the matters raised herein, and no other prior or contemporaneous statement, promise, or agreement, either written or oral, made by any party, that is not contained in this Agreement, including any Attachments, shall be enforceable.  This Agreement can only be modified by mutual written agreement of the parties.
  28. 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, including any other claims for discrimination against an individual with a mobility disability.  Nothing in this Agreement changes EAA’s obligation otherwise to comply with the ADA.
  29. A copy of this Agreement or any information contained in it may be made available to any person by the United States.

  31. The effective date of the Agreement is the date of the last signature below.
  32. The duration of this Agreement shall be three years from the effective date.


United States Attorney

By:/s/ Lennie A. Lehman

Assistant United States Attorney
Counsel for the United States of America


By:/s/ Brian J. Wierzbinski

Executive Vice President
Experimental Aircraft Association, Inc.

EAA AirVenture Policies Re: Visitors with Disabilities
Staff & Volunteer Training Materials

EAA is dedicated to providing access and services to visitors with disabilities.  Access for visitors with disabilities, including mobility disabilities, is available to all AirVenture venues, including the EAA AirVenture Museum.

Services Available To Visitors With Disabilities:

Other power-driven mobility devices such as Segways are allowed on the EAA grounds or buildings only when required because of the person’s disability. 

Safe Use of Mobility Devices:

Security personnel, as well as other EAA personnel, including volunteers, shall monitor operation, to the extent practical, of mobility devices used on EAA grounds to ensure safety of all persons. 

Inquiry Regarding Disability