SETTLEMENT AGREEMENT
REGARDING ACCESS FOR INDIVIDUALS WITH DISABILITIES
TO THE FLOOD'S BAR IN STROUDSBURG, PENNSYLVANIA
DJ# 202-63-205

I. INTRODUCTION

1. The parties to this Settlement Agreement are the United States of America and P.D.O, Inc. (doing business as Flood’s).

2. The United States Department of Justice (the “Department”) is responsible for enforcing title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189 and the relevant regulations implementing title III, 28 C.F.R. pt. 36.

3. Title III of the ADA prohibits discrimination on the basis of a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).

4. Flood’s is a privately owned bar-restaurant located at 732 Main Street, Stroudsburg, Pennsylvania.  Flood’s facility is a place of public accommodation because it is a restaurant, bar, or other establishment serving food or drink.  42 U.S.C. § 12181(7)(B); 28 C.F.R. § 36.104(2).  As a result, Flood’s 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. P.D.O, Inc. is a company that owns Flood’s.

II. BACKGROUND AND INVESTIGATION

5. The United States Attorney's Office for the Middle District of Pennsylvania initiated an investigation after it received two complaints that Flood’s did not allow individuals with service animals into the business and one complaint that Flood’s asked an individual with a service dog to leave the business.
6. Flood’s cooperated fully with the United States Attorney’s Office in this matter.
7. Individuals with disabilities, including psychiatric or mobility disabilities, are protected by title III of the ADA.  42 U.S.C. § 12102; 28 C.F.R. § 36.105.
8. Title III of the ADA requires that public accommodations modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.  28 C.F.R. § 36.302(c).
9. After receiving the three complaints noted in paragraph 5, the United States Attorney’s Office conducted interviews of Flood’s current and former staff, reviewed materials submitted by Flood’s, and reviewed police reports documenting times when individuals claimed that they were not allowed to enter Flood’s with a service animal.
10. Based on the above, the United States Attorney’s Office concluded that Flood’s violated the ADA by not allowing two individuals with disabilities into Flood’s with their service animals, and requested a third individual with a disability to leave the place of business because this person had a service animal.  The United States Attorney’s Office also concluded that Flood’s staff had not been properly trained on the admittance of individuals with service animals.
11. The parties wish to amicably resolve this matter without litigation.  The United States believes that voluntary resolution of this matter through this Agreement is in the public interest.  In consideration of, and consistent with, the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil suit under title III in this matter, except as provided in the Implementation section of this Agreement.

III. REMEDIAL ACTION

12. Consistent with title III of the ADA, Flood’s will not discriminate against any individual on the basis of disability in the full and equal enjoyment of the services it provides by excluding or providing unequal treatment to persons with disabilities, including those who use service animals. 42 U.S.C § 12182; 28 C.F.R. §§ 36.201, 36.202.  Specifically, Flood’s will modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 42 U.S.C. §12182(b)(2)(A); 28 C.F.R. §§ 36.302(a), (c).
13. Service Animal Policy: Flood’s agrees that all persons with disabilities, including those accompanied by service animals, will be welcome in Flood’s.  Flood’s agrees to adopt and abide by the Service Animal Policy (Attachment A) attached to this Agreement.  Flood’s will not refuse to admit a person with a disability because that person uses a service animal.  It also agrees that it will not charge a person with a disability any extra fee or ask a person with a disability to comply with any additional condition of service because they use a service animal.
14. Publication of Policy: Flood’s agrees to prominently post the service animal policy in its place of business and on its website.  Flood’s will also post a notice in all future advertising stating that Flood’s welcomes individuals with disabilities and their service dogs, consistent with the ADA.  Flood’s will provide a copy of the notice to the United Sates within ten (10) days of posting.
15. Training: Flood’s management and staff will undergo training regarding the ADA requirements to accommodate individuals with disabilities who use service animals, including a review of the Department’s technical assistance document, Frequently Asked Questions About Service Animals and the ADA, available at: https://archive.ada.gov/regs2010/service_animal_qa.html.  Flood’s will arrange for and conduct appropriate training on the ADA and service animals within thirty (30) days of the effective date of this Agreement.  Flood’s will notify the Department when it has completed this training.
16. Flood’s will not retaliate against or otherwise coerce any individual with a disability who uses a service dog for filing a complaint with the Department or otherwise exercising rights protected by the ADA. 42 U.S.C. § 12203(a).
17. Flood’s owner, P.D.O., Inc., shall pay damages of $500.00 to each of the three complainants by checks made payable to each of the three complainants identified by the United States. 42 U.S.C. § 12188(b)(2)(B).  These payments will be delivered to Assistant United States Attorney Michael J. Butler, United States Attorney's Office, 228 Walnut Street, Harrisburg, PA 17050 for further delivery to the three complainants.
18. Flood’s owner, P.D.O, Inc., shall pay a civil penalty of $2,000.00 by check made payable to the “United States of America.”  42 U.S.C. § 12188(b)(2)(C).  This payment will be delivered to Assistant United States Attorney Michael J. Butler, United States Attorney's Office, 228 Walnut Street, Harrisburg, PA 17050.  

IV.     IMPLEMENTATION

19. This Settlement Agreement cannot be modified or amended except in writing, agreed to and signed by the Parties.
20. The United States may review compliance with this Agreement at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with Flood’s and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issue(s) within thirty (30) days of the date the United States provides notice to Flood’s, the Unites States may institute a civil action in appropriate Federal District Court to enforce this Agreement or the requirements of title III.
21. It is a violation of this Agreement for Flood’s to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement.
22. Failure by the United States to enforce any provision or deadline in this Agreement shall not be construed as a waiver of the United States’ right to enforce any deadline or provision of this Agreement. The Agreement, including Attachment A, 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, will be enforceable under its provisions.
23. This Agreement is limited to the facts set forth above and does not purport to remedy or resolve any other existing or potential violations of the ADA or any other local or Federal law.
24. This Agreement does not affect Flood’s continuing responsibility to comply with all applicable aspects of title III of the ADA.
25. A copy of this document will be made available to any person by Flood’s or the United States on request.
26. The effective date of this Agreement is the date of the last signature below.  This Agreement will remain in effect for three (3) years from the effective date of this Agreement
27. The provisions of this Agreement shall be deemed severable, and any invalidity or unenforceability of any one or more of its provisions shall not affect the validity or enforceability of the other provisions herein.

28. The person signing this Agreement for Flood’s owner, P.D.O, Inc., represents that he is authorized to bind P.D.O., Inc. to this Agreement.