SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND DR. BABU KUMAR & DR. SREEDHAR GOTTIPARTHY, AS OWNERS AND OPERATORS OF FAMILY & INTERNAL MEDICINE OF DIXWELL AVENUE, 2543 DIXWELL AVENUE, HAMDEN CONNECTICUT
DJ # 202-14-266

The parties to this agreement (“Agreement”) are the United States of America and Dr. Babu Kumar and Dr. Sreedhar Gottiparthy (“Dr. Kumar and Dr. Gottiparthy), owners and operators of Family & Internal Medicine of Dixwell Avenue at 2543 Dixwell Avenue, Hamden Connecticut (“Dixwell Ave”).  The parties hereby agree as follows:

BACKGROUND AND JURISDICTION

1. The United States Attorney’s Office for the District of Connecticut (“United States”), opened an investigation of Dixwell Ave pursuant to Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12181-12189, and its implementing regulations, 28 C.F.R. pt. 36.  The United States initiated its investigation upon the receipt of a complaint from an individual regarding lack of accessibility at Dixwell Ave.
2. The United States is authorized to investigate alleged violations of Title III of the ADA.  Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes.  If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or where the case 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. Title III of the ADA mandates that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, 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).
4. Dixwell Ave is a place of public accommodation within the meaning of Title III because it is a “professional office of a health care provider or other service establishment.” 42 U.S.C. § 12181(7)(F).
5. Dr. Kumar and Dr. Gottiparthy are the owners and operators of Family and Internal Medicine of Dixwell Avenue (“Dixwell Ave”), which is a place of public accommodation subject to the requirements of Title III of the ADA.  28 C.F.R. § 36.104.
6. Dixwell Ave is an existing facility originally constructed prior to the effective date of the ADA, and alterations were made in 2007.  Dixwell Ave is not in compliance with 1991 or ADA Standards (Standards).
7. Dixwell Ave is subject to the “readily achievable” barrier removal provisions of the ADA at 42 U.S.C. § 12182(b)(2)(A)(iv)-(v) and 28 C.F.R. § 36.304. Dixwell Ave must remove architectural barriers in existing facilities where such removal are readily achievable.  42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R. § 36.304.
8. The United States reviewed information provided by Dixwell Ave, and conducted a site visit of Dixwell Ave on February 19, 2020.  The United States used the ADA Standards for Accessible Design, including the 1991 Standards defined at 28 C.F.R. Part 36, Appendix D, and the 2010 Standards defined at 28 C.F.R. § 36.104, to identify ADA violations, which were shared with Dr. Kumar and Dr. Gottiparthy. 

REMEDIAL ACTIONS TO BE TAKEN BY Dr. Kumar and Dr. Gottiparthy

1. To ensure that no individual with a disability is discriminated against on the basis of disability in the full and equal enjoyment of the services and facilities at Dixwell Ave, this Agreement sets out Dr. Kumar and Dr. Gottiparthy’s obligations to, among other things, remove architectural barriers in existing facilities where such removal is readily achievable, 42 U.S.C. §12182(b)(2)(A)(iv) and 28 C.F.R. §36.304; and
2. Dr. Kumar and Dr. Gottiparthy will make the following modifications to improve accessibility for individuals with disabilities at Dixwell Ave, within one year:

Exterior:

1. Install accessible parking signs at the head of each accessible parking space.  The bottom of the sign must be at least 60” above the parking surface.  The 2010 Standards 208.2, 502.6, require that signs with an International Symbol of Accessibility (ISA) must mark every accessible parking space.  These signs must be visible over parked vehicles.  It is acceptable to have the bottom of the sign at least 60” above the parking surface.
2. Re-stripe at least one van accessible parking space to provide an 8'-0” wide access aisle and install a sign.  The 2010 Standards 208.2, require that at least one van accessible parking space must be provided for every 6 accessible parking spaces in each facility.  Since there are 3 accessible spaces at Dixwell Ave, at least one must be van accessible.
3. Move one van and one accessible space to the right of the building entrance and ensure the accessible route from the accessible parking to the ramp has a maximum cross slope of 2%.  The 2010 Standards 208, 502.4, require that parking spaces and access aisle cannot have a slope of more than 2% in any direction.  Across the accessible spaces and access aisles, the cross slope ranges between 3.5% and 4.4%.”   
4. Patch the asphalt along the accessible route.  The 2010 Standards 206.1, 303.3, require changes in level that are more than 1/4" must be beveled.  At the joint between the asphalt and the concrete ramp landing, there is a 1/2” vertical rise that is not beveled.  
5. Provide handrail extensions that are in the same direction as the ramp and that extend at least 12” beyond the top and bottom of the ramp parallel with the ground surface.  The 2010 Standards 206.1, 405.8, require that ramp handrails must extend at least 12” over the landings.  The extensions must be in the same direction of the ramp and parallel to the landing.  Therefore, any bend at the end of the handrail is not part of the 12” level extension.  At the bottom landing, the extensions are only 8” long before the bend.  
6. Replace the room identification signs in the building.  In that tactile signs are a wayfinding system for the visually impaired, the sign system includes signs to non-common use spaces.  The 2010 Standards 216.2, 703, require interior and exterior signs identifying permanent rooms and spaces must have raised characters that are in upper case and are 5/8” to 2” tall.  The message must be repeated in braille.  The signs must have a matte finish.  The characters must contrast with the background.  The baseline of the characters and braille must be between 48” and 60” above the floor. The current signs do not have any accessible features. 
7. Reconfigure the service counter.  Ensure that the lowered portion is not blocked by office equipment or brochures.  The service counter is less than 36” wide.  The entire check-in counter is 41” above the floor.  The 2010 Standards 227.3, 904.4, provide that the entire service counter must be no higher than 36.” 
8. In the Phlebotomy Room, relocate door stop in the accessible route to as close to the wall as possible.  The 2010 Standards 206.5, 404.2.3, require that doors that are part of the accessible route must have a minimum clear opening of 32” when the door is open 90 degrees.  Storage in the room prevents the door from opening 90 degrees. 

Accessible Examination Room:

9. Provide at least one accessible examination room, and an examination table in that room that can be lowered to 19” above the floor.  28 CFR §§35.149, 35.150, 35.151, require that since there is a scale available for weighing individuals, a wheelchair accessible platform scale should be available for persons with disabilities.  Currently, there is no accessible scale. 
10. Rearrange the brochures, or lower racks, such that one of each type is within reach and mounted no higher than 46” if obstructed and 48” if unobstructed.  The 2010 Standards 225, 811.3 requires that at least one of each type of storage must be within reach.  A side reach is possible.  Where the reach is unobstructed, it must be between 9” and 54” above the floor.  Where the reach is obstructed by an object that is more than 10” deep and no more than 34” tall, it must be no higher than 46”.  The top sleeve of the brochure rack is 68 1/2” above the floor, and it must comply with the 2010 Standards which has a maximum height of 48”.    
11. Install a hook with the top 48” maximum above the floor.  The 2010 Standards 225, 811.3 require that the top of the hook must be within reach.  If an unobstructed side reach is possible, then it must be within 54” of the floor.  The hook is 64 3/4” above the floor.  It does not comply with the 1991 ADA Standards it must comply with the 2010 ADA Standards which has a maximum height of 48.” 
12. Lower touch screen.  The 2010 Standards 205, 309 provide that operable parts must be within 48” of the floor.  The touch screen with informational videos appears to have been installed after March 15, 2012.  Therefore, it must comply with the 2010 ADA Standards.  The highest interactive part is 54” above the floor, and therefore must comply with the 2010 ADA Standards which must be 15” to 48” above the floor.   
13. Rearrange equipment to widen the accessible route to the informational touch screen to compliant widths.  The 2010 Standards 206.1, 403.5 require that the accessible route must be at least 36” wide.  The accessible route between the examination table and the touch screen is only 28 1/2” wide.  On the touch screen with informational videos, there is no tactilely discernable method for input.  An ancillary input device such as a keyboard will be provided. 
14. Provide an examination table that can be lowered to 19” above the floor.  The top of the equipment used in the supine, prone, or side-lying position must be adjustable between at least 19” and 25” in 1” increments. The examination table is about 32” above the floor and is not adjustable. 28 CFR §§35.149, 35.150, 35.151.

Toilet Room Near Examination Room 8:

15. Relocate the Urine Cup Cabinet to an accessible location.  The toilet blocks the clear floor space for the Urine Cup Cabinet.  The 2010 Standards 225, 811.2, 305, require that clear floor space must be provided at accessible storage.  For a side reach, that is 30” by 48” parallel to the storage.  If the clear floor space is restricted on 3 sides for more than 15”, then the clear floor space must be 30” by 60”.
16. Lower the Urine Cup Cabinet.  The return shelf is currently 52 1/2” above the floor.  The 2010 Standards 205, 309, require that operable parts must be within reach.  This control requires a forward reach.  Therefore, the operable parts must be within 48” of the floor and not beyond the toes.  
17. Install a hook with the top 48” maximum above the floor.  The 2010 Standards 225, 811.3, require that the top of the hook must be within reach.  If an unobstructed side reach is possible, then it must be within 54” of the floor.  The hook is currently 65” above the floor.  The 2010 ADA Standards has a maximum height of 48.”
18. Relocate the paper towel dispenser, which is currently mounted over a counter.  It is 58” above the floor and more than 10” behind the edge of the counter.  The counter is 33 1/4” tall.  The 2010 Standards 205, 225, 309 require that it be within reach. 
19. Lower the mirror or install another mirror nearby with the bottom edge of its reflecting surface no more than 35” above the finished floor.  The 2010 Standards 213.3.5, 603.3 require that where mirrors are provided, at least one shall have the bottom of the reflective edge within 40” of the floor.  The reflective surface of the mirror is currently mounted 50 1/2” above the floor.  
20. Lower the lavatory rim to within 34” of the floor.  The 2010 Standards 213.3, 606.3, require that the top of the lavatory and counter cannot be higher than 34”.  The top of the wall-hung lavatory is 34 1/2” above the floor.
3. Within six months of the execution of this Agreement, Dr. Babu Kumar and Dr. Sreedhar Gottiparthy shall submit architectural plans and/or drawings illustrating compliance with the 2010 Standards, including all plans connecting all accessible elements and accessible spaces, including required accessible toilets and examination room(s).  The architectural plans and/or drawings shall illustrate all required compliant features and shall include spot elevations and/or sections.
4. The United States shall approve or deny such plans or drawings within 30 days of submission.  If the United States denies the plans and/or drawings, Dr. Babu Kumar and Dr. Sreedhar Gottiparthy shall have 30 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval. Within one year of approval of the architectural plans submitted pursuant to this section, Dr. Babu Kumar and Dr. Sreedhar Gottiparthy shall complete all renovations in accordance with the approved drawings and/or plans. 
5. Any future alterations, as defined in 42 U.S.C. §12183 and 28 C.F.R. § 36.402(b), made to the Dixwell Ave facility and not described in this Agreement shall comply in all respects with the ADA, its implementing regulations, and the 2010 Standards. If an alteration affects or could affect the usability of or access to an area of the facility 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 areas 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.  42 U.S.C. §12183(a); 28 C.F.R. § 36.403.

IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

1. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit for failure to comply with Title III of the ADA at Dixwell Ave; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement.
1. The United States does not assert that this Agreement or the modifications contemplated herein will bring Dixwell Ave into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States.  Rather, the parties enter into this Agreement for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation.  This Agreement is a compromise and it shall not be used or introduced into evidence in any other case or proceeding other than between the parties to this Agreement.
2. The United States may review compliance with this Agreement at any time.  Upon reasonable advance notice to Dr. Kumar and/or Dr. Gottiparthy, they shall permit the United States and any person acting on its behalf unlimited access to Dixwell Ave to review compliance with the ADA and this Agreement, provided that such access does not interfere with the comfort, privacy or safety of the patients at Dixwell Ave, or unreasonably interfere with the management and operation of Dixwell Ave.
3. If the United States believes that Dr. Babu Kumar and Dr. Sreedhar Gottiparthy have violated this Agreement or any requirement thereof, it agrees to notify counsel to them in writing of the specific violation(s) alleged.  Dr. Babu Kumar and Dr. Sreedhar Gottiparthy shall have 30 days from its receipt of the notice to cure and/or respond in writing to the United States the alleged violation(s).  If the United States and Dixwell Ave 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 District of Connecticut to enforce the terms of this Agreement, the ADA, or both.
4. Dr. Babu Kumar and Dr. Sreedhar Gottiparthy shall provide certifications to the United States, every six months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that Dr. Babu Kumar and Dr. Sreedhar Gottiparthy have agreed to correct have been so corrected.  Dr. Babu Kumar and Dr. Sreedhar Gottiparthy shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Dixwell Ave facility did not comply with the ADA or that individuals with disabilities at the facility were subject to discrimination on the basis of disability.  The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
5. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

Cindy Gartland, Paralegal Specialist
U.S. Attorney’s Office
157 Church Street, 25th Floor
New Haven, CT 06510
email: cindy.gartland@usdoj.gov

6. This Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person.
7. 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 its right to do so with regard to other deadlines and provisions of this Agreement.
8. 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, shall be enforceable.  This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the ADA, including violations of the alterations or new construction provisions of the ADA, or any other Federal law.  This Agreement does not affect the continuing responsibility of Family & Internal Medicine of Dixwell Avenue to comply with all aspects of the ADA.
9. If any provision 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 Dr. Kumar and Dr. Gottiparthy shall engage in good faith negotiations in order to adopt such 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.
10. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
11. In the event Dr. Kumar and/or Dr. Gottiparthy seeks to transfer, or assign all or part of its interest in Dixwell Ave, or lease the premises, as a condition of sale, assignment, or lease, Dr. Kumar and/or Dr. Gottiparthy shall obtain the written accession of the successor, assignee, or lessee, to any obligations remaining under this Agreement for the remaining term of the Agreement.
12. The Effective Date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for three years from the Effective Date.