VOLUNTARY COMPLIANCE AGREEMENT
between
THE UNITED STATES OF AMERICA
and
FAMILY DOLLAR, INC., STORE #5720
OF SIOUX CITY, IOWA
DJ# 202-27-132

WHEREAS, the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181 et seq., provides, among other things, that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation,” 42 U.S.C. § 12182(a); and

WHEREAS, the term “public accommodation” under the ADA includes “among other things “a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment.”  42 U.S.C. § 12181(7)(E); and

WHEREAS, the ADA authorizes the United States Department of Justice to “undertake periodic reviews of compliance of covered entities,” 42 U.S.C. § 12188(b)(1)(A)(i); and

WHEREAS, the United States Attorney’s Office for the Northern District of Iowa (the “United States”), pursuant to its authority under 42 U.S.C. § 12188(b)(1)(A)(i), commenced a limited review of certain specialty stores in the Northern District of Iowa to determine, with respect to the specific areas reviewed, whether those specialty stores were operating in compliance with Title III of the ADA (the “Compliance Review”); and

WHEREAS, as part of the Compliance Review, the United States requested information from the owners and operators of Family Dollar, Inc., Store #5720 (the “Specialty Store”) located at 2200 Riverside Boulevard, Sioux City, Iowa;

WHEREAS, the United States conducted a limited site inspection of certain features and facilities within the Specialty Store, and met with representatives of the Specialty Store; and

WHEREAS, the United States and the Specialty Store share the goal of resolving the Compliance Review and ensuring that the Specialty Store operates in compliance with Title III of the ADA; and

WHEREAS, in light of the actions taken by the Specialty Store to date to comply with the ADA, the actions taken by the Specialty Store during the period of the Compliance Review, and the actions that the Specialty Store has agreed to take within the next three years as set forth in this agreement (the “Agreement”), the United States has decided to take no further enforcement action at this time with respect to the Specialty Store as a result of this Compliance Review;

NOW, THEREFORE, IT IS HEREBY AGREED, BY AND BETWEEN THE UNITED STATES OF AMERICA AND THE OWNERS AND OPERATORS OF THE SPECIALTY STORE, AS FOLLOWS:

I. APPLICATION AND PARTIES BOUND

1. The Specialty Store is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7)(E) because, among other things it includes “a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment.” 42 U.S.C. § 12181(7)(E); see 28 C.F.R. § 36.104.
2. Family Dollar, Inc., (the “Owner”) is a public accommodation within the meaning of Title III of the ADA because it owns the specialty store, a place of public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.104.
3. Family Dollar, Inc. (the “Operator”) is a public accommodation within the meaning of Title III of the ADA because it operates the Specialty Store, a place of public accommodation.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.104.
4. This Agreement shall be binding on the Owner and the Operator, and each of their agents and employees.  In the event the Owner seeks to transfer or assign all or part of their interest in the Specialty Store, and the successor or assignee intends on carrying on the same or similar use of the facility, as a condition of sale the Owners shall obtain the written agreement of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement.
5. This Agreement shall apply to all public use areas within the Specialty Store.  This includes, but is not limited to:  public entrances, waiting areas, toilet rooms, and corridors.  This Agreement shall not apply to non-public use areas, such as food preparation and storage locations, employee locker rooms, and other service-related areas.

II.  DEFINITIONS

6. For purposes of this Agreement, the term “Standards” means the 1991 ADA Standards for Accessible Design (1991 Standards), 28 C.F.R. Part 36, Appendix D and the 2010 ADA Standards for Accessible Design (2010 Standards), 28 C.F.R. § 36.104, which consist of the 2004 ADAAG, see appendices B and D to 36 C.F.R. part 1191, and the requirements in 28 C.F.R. Part 36, Subpart D.
7. For purposes of this Agreement, the term “accessible” means in compliance with the Standards.
8. For purposes of this Agreement, the term “alterations” means a change to the Specialty Store that affects or could affect the usability of the building or facility or any part thereof and includes, but is not limited to, “remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.” See 28 C.F.R. §§ 35.151(b), 36.402.

III.  PARKING¹

Parking Lot

9. The parking lot contains 38 parking spaces, including 2 designated car accessible parking spaces. No van accessible parking space is provided. One accessible car and one van accessible parking space shall be provided. Van parking spaces shall be 132 inches wide minimum, shall be marked to define the width, and shall have an adjacent access aisle. Access aisles serving car and van parking spaces shall be 60 inches wide minimum. Signs identifying van parking spaces shall contain the designation “van accessible.” See the 2010 Standards §§ 208.2.4, 216.5, 502.2, 502.3, 502.6.

Designated Accessible Parking Spaces

10. The pavement markings for the parking spaces and access aisle have worn off and do not extend for the length of the space. Car parking spaces shall be 96 inches wide minimum and van parking spaces shall be 132 inches wide minimum, shall be marked to define the width, and shall have an adjacent access aisle complying with 502.3. Access aisles shall be marked so as to discourage parking in them. See the 2010 Standards §§ 208.2, 502.2, 502.3.3.
11. The signs designating the parking spaces are mounted 53 inches above the ground measured to the bottom of the sign. Signs shall be 60 inches minimum above the finish floor or ground surface measured to the bottom of the sign. See the 2010 Standards §§ 216.5, 502.6.

IV.  ENTRANCES AND EXITS

Exit Doors (typical)

12. A tactile sign identifying the exit doors in raised characters and braille is not provided. Doors at exit passageways, exit discharge, and exit stairways shall be identified by tactile signs complying with 703.1, 703.2 (raised characters), and 703.5 (visual characters). Raised characters shall comply with 703.2 and shall be duplicated in braille complying with 703.3. Tactile characters on signs shall be located 48 inches minimum above the finish floor or ground surface, measured from the baseline of the lowest tactile character and 60 inches maximum above the finish floor or ground surface, measured from the baseline of the highest tactile character. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch sideSee the 2010 Standards §§ 216.4.1, 703.1, 703.2, 703.3, 703.4, 703.5.

V.  STORE INTERIOR

Sales Counters

13. The length of sales counter #1 between product displays is 33 inches and the length of sales counter #2 between product displays is 27 inches. At least one sales counter shall have a portion of the counter surface that is 36 inches long minimum and 36 inches high maximum above the finish floor. See the 2010 Standards §§ 227.3, 904.4.1.
14. The highest operable part of the point-of-sale machine is 57 inches above the finish floor. Where a clear floor or ground space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the finish floor or ground. See the 2010 Standards §§ 205.1, 308.3.1.

Merchandise Aisles

15. The clear width in Aisle 11 between the pipe column and the merchandise display is 31½ inches. The clear width shall be permitted to be reduced to 32 inches minimum for a length of 24 inches maximum provided that reduced width segments are separated by segments that are 48 inches long minimum and 36 inches wide minimum. See the 2010 Standards §§ 206.2.4, 402.2, 403.5.1 Exception.

Toilet Room Corridor

16. The force to open the door is 10 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards §§ 206.5.2, 404.2.9.
17. No drinking fountain for standing persons is provided. No fewer than two drinking fountains shall be provided. One drinking fountain shall be provided for individuals using wheelchairs and one drinking fountain shall be provided for standing persons. Spout outlets of drinking fountains for standing persons shall be 38 inches minimum and 43 inches maximum above the finish floor or ground. See the 2010 Standards §§ 211.2, 602.7.

VI.  TOILET ROOMS

Men’s and Women’s Toilet Room²

18. The force to open the door is 14 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards §§ 206.5.2, 404.2.9.
19. The leading edge of the hand dryer is 35 inches above the finish floor, and it protrudes 6 inches into the circulation path. Objects with leading edges more than 27 inches and not more than 80 inches above the finish floor shall protrude 4 inches maximum horizontally into the circulation path. See the 2010 Standards §§ 204.1, 307.2.
20. The knee clearance under the lavatory is 25 inches above the floor. The knee clearance shall be 11 inches deep minimum at 9 inches above the finish floor, and 8 inches deep minimum at 27 inches above the finish floor. See the 2010 Standards §§ 213.2, 213.3.4, 606.2, 306.3.

VII.  POLICIES, PRACTICES, AND PROCEDURES

21. The Specialty Store shall establish a written policy specifically addressing the provision of services to individuals with disabilities.
22.  The Specialty Store’s policy shall specify, among other things, that:
1. accessible features inside and outside the Specialty Store must be maintained in good working order. See 28 C.F.R. § 36.302;
2. parking spaces may be reserved for individuals with disabilities, or in the alternative, valet parking is available See 2010 Standards § 209.4; 28 C.F.R. § 36.305;
3. employees will receive basic training on how to accommodate persons with disabilities (e.g., overview of the Specialty Store’s accessibility features, dealing with service animals, etc.). See 28 C.F.R. § 36.302(a);
4. Specialty Store staff is to be trained to offer assistance, upon request, to persons with disabilities who may need assistance in using Specialty Store services. See 28 C.F.R. § 36.302(a);
5. persons with disabilities may use service animals, without imposing any extra charges or conditions, in all public areas of the facility, including restrooms. See 28 C.F.R. § 36.302(c); and
6. Specialty Store employees shall receive training on the proper manner for determining whether an animal qualifies as a service animal. See 28 C.F.R. § 36.302(c)(6).

VIII.  ALTERATIONS

23. The Owner and Operator acknowledge and agree that any alteration to the Specialty Store “shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.” See 28 C.F.R. § 36.402(a). The Owner and Operator further acknowledge and agree that if an alteration affects or could affect the usability of or access to an area of the Specialty Store that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. See 28 C.F.R. § 36.403(a)(1). The Owner and Operator agree to notify the United States, in writing, of any alterations to the Specialty Store commenced during the term of this Agreement and shall, in that notification, specify the steps taken to ensure that the alterations comply with the Standards to the maximum extent feasible.

IX.  MONITORING AND COMPLIANCE

24. Every year during the term of this Agreement on the anniversary date of the effective date of the Agreement, the Specialty Store shall provide to the United States a narrative report of the actions taken during the reporting period to remove any barriers to access and otherwise enhance accessibility for individuals with disabilities at the Specialty Store and any plans for action concerning ADA compliance in the coming year.  The report shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Specialty Store was not being operated in compliance with the ADA or otherwise discriminated against any person on account of disability.
25. The Owner and Operator of the Specialty Store shall cooperate in good faith with any and all reasonable requests by the United States for access to the Specialty Store and for information and documents concerning the Specialty Store’s compliance with this Agreement and the ADA.
26. The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Agreement and through any means available to the general public, including visits to the public areas of the Specialty Store and communications with Specialty Store staff.  The United States shall have the right to inspect the facility at any time, and counsel for the United States need not identify themselves in the course of visits to the public areas.

X.  ENFORCEMENT

27. If the United States believes that this Agreement or any of its requirements has been violated, it will notify the Owner and Operator of the Specialty Store in writing and attempt to resolve the issue or issues in good faith.  If the United States and the Owner and Operator of the Specialty Store are unable to reach a satisfactory resolution of the issue or issues, the United States may commence a civil action in the United States District Court for the Northern District of Iowa to enforce the terms of this Agreement and/or the ADA.

XI.  GENERAL PROVISIONS

28. In consideration for the Specialty Store’s timely performance of all of its obligations under this Agreement, the United States agrees to discontinue the Compliance Review of the Specialty Store, except as provided in the Enforcement portion of this Agreement.  The United States reserves the right to investigate any complaint it receives concerning the Specialty Store, to initiate future compliance reviews concerning the Specialty Store with respect to any aspect of the Specialty Store or its operation not expressly addressed in Parts III through XI of this Agreement, and to investigate and commence a civil action with respect to any violation of the ADA.  In the event the United States receives and investigates an ADA complaint concerning the Specialty Store, or commences any future compliance review concerning the Specialty Store, nothing in this Agreement shall limit the scope of any investigation or compliance review of the Specialty Store or preclude the United States from seeking relief beyond that required under this Agreement.
29. A copy of this Agreement shall be made available to any person upon request.
30. The Effective Date of this Agreement is the date of the last signature on the Agreement.  The term of this Agreement is three years from the Effective Date. 
31. This Agreement memorializes the commitments made by the Owner and Operator of the Specialty Store to increase accessibility of the Specialty Store and the terms under which the United States has agreed to conclude this particular Compliance Review of the Specialty Store without further review or enforcement action.  This Agreement is not intended to certify or signify, however, that the Specialty Store is now (or, with the actions taken pursuant to this Agreement, will be) in full compliance with the ADA, or constitute a finding by the United States of such compliance, and it may not be used in any proceeding to signify such compliance.  This Agreement does not affect the Specialty Store’s continuing responsibility and obligation to comply with all aspects of the ADA.  This Agreement is not intended to reflect any legal interpretation of any provisions of the ADA by the United States, and it may not be used in any proceeding to demonstrate such legal interpretations. 
32. This Agreement does not constitute an admission by the Specialty Store of non‑compliance with any provision of the ADA.
33. The individuals signing this Agreement represent that they are authorized to bind the parties to this Agreement.
34. Failure by the United States to enforce the entire Agreement, with regard to any deadline or any other provision of the Agreement, shall not be construed as a waiver of its right to enforce other deadlines or provisions of the Agreement.
35. This Agreement constitutes the entire agreement between the parties relating to the compliance review, 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 Agreement, shall be enforceable.