USAO # 2017V00456
DJ # 202-11-375


  1. The parties to this Settlement Agreement are the United States of America and 1015 Folsom Nightclub.
  2. 1015 Folsom Nightclub (“1015 Folsom”) is a concert venue and nightclub located at 1015 Folsom Street, San Francisco, CA 94103.
  3. The United States Department of Justice (“United States”) is the federal agency responsible for enforcing Title III of the Americans with Disabilities Act of 1990, as amended (“ADA”),  42 U.S.C. § 12181 et seq.


  1. This matter was initiated by a report from a complainant who alleged that on July 7, 2017, she was denied access to 1015 Folsom because she carried an epinephrine pen for her life-threatening peanut allergy.  Specifically, the complainant asserted that the venue’s staff told her that, in order to enter, she would have to surrender her medication to the nightclub staff for the duration of her time at the venue.  Complainant alleged that she explained the severity of her allergy, and that surrendering the epinephrine pen was not a safe option for her, but she was nonetheless denied entry with the epinephrine pen.  As a result, the complainant left the venue without attending the performance for which she had purchased a ticket.
  2. 1015 Folsom is a place of public accommodation covered by Title III of the ADA because it is a concert venue and nightclub serving beverages, 42 U.S.C. § 12181(7)(b)&(c); 28 C.F.R. § 36.104, and is required comply with the non-discrimination requirements of Title III of the ADA.  42 U.S.C. §§ 12182-12189.
  3. Complainant is a person with a disability within the meaning of the ADA because, as a result of her severe peanut allergy, she is substantially limited in one or more major life activities, including but not necessarily limited to, breathing.  42 U.S.C. § 12102(2). 
  4. Among other things, 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, services, privileges, advantages, or accommodations.  42 U.S.C. § 12182(a) and 28 C.F.R. § 36.201(a).  Title III of the ADA also requires public accommodations to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford individuals with disabilities access to its goods, services, or facilities, unless such modification would require a fundamental alteration to the nature of the goods, services, or facilities.  42 U.S.C. § 12182(2)(a)(ii); 28 C.F.R. § 36.302. 
  5. The United States is authorized to investigate alleged violations of Title III of the 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, 503, 506.
  6. Pursuant to the information gathered during the investigation, the United States concluded that 1015 Folsom’s refusal to allow complainant to enter its venue without surrendering her epinephrine pen violated Title III of the ADA.
  7. 1015 Folsom cooperated with the United States’ investigation.  By entering this settlement, 1015 Folsom does not acknowledge liability as to this specific incident, but wishes to resolve the matter.
  8. 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 litigation. The parties have therefore voluntarily entered into this Agreement, as follows:


  1. 1015 Folsom agrees not to discriminate against any patron with disabilities, and, as part of this resolution, has adopted a policy to this effect prior to entering this Agreement.  The policy states, among other things, that individuals with disabilities will be allowed to enter the venue with medication and necessary medical supplies and/or equipment.  The policy also states that an epinephrine pen and/or diabetes related medication, supplies and equipment are examples of the medically required items, instruments, and/or equipment with which a person will typically be allowed to enter with and retain on their person while at 1015 Folsom. 
  2. Within 30 days of the effective date of this Agreement, 1015 Folsom will designate an employee in charge of compliance with the ADA and this Agreement. Within 60 days of their designation, that individual will adopt and implement a complaint procedure. Complaint data will be provided to the United States upon request.
  3. Within 90 days of the effective date of this Agreement, and every year thereafter for the duration of this Agreement, 1015 Folsom will provide training about the requirements of the ADA for all persons who have responsibility for implementing elements of this policy, including managers who supervise persons who have direct responsibility for implementation of this policy and, if applicable, customer service personnel who may be called upon to answer questions regarding this policy.  The training will cover the ADA and 1015 Folsom’s policies for ensuring equal access for persons with disabilities. 1015 Folsom will ensure that such training will be provided to such persons regardless of whether they are employees or contractors of 1015 Folsom or another entity.  1015 Folsom will also provide this training to relevant persons within 30 days of hire.
  4. Within 30 days of the effective date of this Agreement, 1015 Folsom will take the following steps to make the public aware of its commitment to ensuring compliance with the ADA:
  5. Add a section on its website titled “ADA compliance” in which the following information is provided:
  6. Within 30 days of the effective date of this Agreement, 1015 Folsom will post a sign at its entrances stating that it does not discriminate against persons with disabilities and those with disabilities should bring any concerns to the manager on duty.


  1. In consideration for entering this Agreement, the United States will refrain from undertaking further enforcement action relating to this investigation or from filing a civil action alleging discrimination based on the allegations set forth above. However, the United States may review 1015 Folsom’s compliance with this Agreement or Title III of the ADA at any time. If the United States believes that any portion of this Agreement or Title III of the ADA has been violated, it may institute a civil action in the U.S. District Court for the Northern District of California to enforce Title III of the ADA, following written notice to 1015 Folsom of the possible violation and a period of 30 days in which 1015 Folsom has the opportunity to cure the alleged violation.
  2. Failure by the United States to enforce any provisions in this Agreement is not a waiver of its right to enforce other provisions of this Agreement.
  3. 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 1015 Folsom 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.
  4. This Agreement is binding on 1015 Folsom, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assigns. In the event that 1015 Folsom seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, 1015 Folsom will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.
  5. The signatory for 1015 Folsom represents that he or she is authorized to bind 1015 Folsom to this Agreement.
  6. This Agreement is the entire agreement between the United States and 1015 Folsom on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, is enforceable. This Agreement can only be modified by mutual written agreement of the parties.
  7. 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. Nothing in this Agreement relieves 1015 Folsom of its obligation to otherwise comply with the requirements of the ADA.
  8. All documents and communications required to be sent to the United States under the terms of this Agreement shall be sent to the following individual by overnight courier or, where practicable, by e-mail:
  9. Civil Rights Coordinator
    Civil Division
    United States Attorney’s Office, Northern District of California
    450 Golden Gate Avenue, 11th Floor
    San Francisco, California 94102


  1. The effective date of this Agreement is the date of the last signature below.
  2. The duration of this Agreement will be three years from the effective date.





Date: 7/16/18





Date: 7/16/18


Date: 7/11/18


Acting United States Attorney
Northern District of California

By: /s/
Assistant U.S. Attorney
Civil Division
United States Attorney’s Office


By: /s/
Heather Irwin, Esq.
Gordon Rees Scully Mansukhani, LLP
Attorneys for 1015 Folsom

By: /s/
Ira Sandler
Owner and Operator, 1015 Folsom