SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
GOLDEN GREEK, INC.
d/b/a GOLDEN GREEK RESTAURANT & PUB
DJ # 202-14-208

1. BACKGROUND AND JURISDICTION

The parties to this settlement agreement (“Agreement”) are the United States of America and Golden Greek, Inc.  The parties hereby agree as follows:

1. Golden Greek Inc. (“Golden Greek”) is the owner/operator of the Golden Greek Restaurant & Pub (the “Restaurant”) located at 474 Putnam Pike, Dayville, Connecticut.
2. The United States Attorney’s Office for the District of Connecticut, a component of the United States Department of Justice (“United States”), opened an investigation of the Restaurant facility 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 the Restaurant.
3. 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. 
4. 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).
5. The Restaurant is a place of public accommodation within the meaning of Title III because it is “a restaurant, bar, or other establishment serving food or drink.”  42 U.S.C. § 12181(7)(B).  Golden Greek, as the owner and operator of the Restaurant, is a public accommodation subject to the requirements of Title III of the ADA.  28 C.F.R. § 36.104.
6. The Restaurant is an existing facility originally constructed prior to the effective date of the ADA, however, alterations were made to the patio area after March 15, 2012.  Because the Restaurant has undergone alterations as defined by the ADA, 28 C.F.R. § 36.402(b), the altered portions of the facility must be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, to the maximum extent feasible.  42 U.S.C. § 12183(a)(2); 28 C.F.R. § 36.402(a).  The unaltered portions of the Restaurant are subject to the ADA’s barrier removal requirements pursuant to 28 C.F.R. § 36.304.
7. The United States reviewed information provided by Golden Greek and conducted a site visit of the Restaurant on May 15, 2018.  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 Golden Greek. 
2. REMEDIAL ACTIONS TO BE TAKEN BY GOLDEN GREEK
1. Golden Greek will make the following modifications to improve accessibility for individuals with disabilities at the Restaurant:
   8. Parking
   1. Within six months of the execution of this Agreement, Golden Greek shall ensure that:
      1. there are a minimum of five accessible parking spaces, including one van accessible parking space, in accordance with the 2010 Standards §§ 208, 208.2, 208.2.4 and 502;
      2. accessible parking spaces are dispersed on the shortest accessible route to both the main entrance and the carry out entrance in accordance with the 2010 Standards §§ 208.3.1 and 502;
      3. accessible car parking spaces are 96 inches wide minimum, marked to define the width, and have adjacent access aisles complying with § 502.3 in accordance with the 2010 Standards §§ 208.2 and 502;
      4. the van accessible space is 132 inches wide minimum, marked to define the width, and has an adjacent access aisle complying with the 2010 Standards § 502.3 in accordance with the 2010 Standards §§ 208.2, 208.2.4 and 502;
      5. the access aisle of the accessible parking spaces is 60 inches wide minimum extending the full length of the parking space and that it is marked to discourage parking in it in accordance with the 2010 Standards §§ 208.2, 502.2 and 502.3;
      6. signs for accessible parking spaces include the International Symbol of Accessibility and are 60 inches minimum above the ground surface measured to the bottom of the sign in accordance with the 2010 Standards §§ 216.5, 502.6 and 703.7.2.1;
      7. the van accessible space contains the designation “Van Accessible” in accordance with the 2010 Standards §§ 216.5 and 502.6; and
      8. accessible parking spaces and access aisles serving them have slopes no steeper than 1:48 in accordance with 2010 Standards §§ 208.2, 502.1 and 502.4.
   9. Main Entrance and Patio Entrance
   1. Within nine months of the execution of this Agreement, Golden Greek shall ensure that:
   1. the cross slope of the ramp from the parking to the door and the cross slope of the route to the patio dining area are not steeper than 1:48 in accordance with the 2010 Standards §§ 206.4, 206.2.1, 402.2, and 405.3;
   2. the running slope of the ramp from the parking lot to the door is not steeper than 1:12 in accordance with the 2010 Standards §§ 206.4, 206.2.1, 402.2, and 405.2;
   3. the change in level at the doorway does not exceed ½ inch and, if between ¼ inch and ½ inch is beveled with a slope not steeper than 1:2 in accordance with the 2010 Standards §§ 206.4, 206.5.1, 404.2.5, and 303.3; and
   4. any objects with leading edges more than 27 inches and less than 80 inches above the finish floor will protrude no more than 4 inches horizontally into the circulation path in accordance with the 2010 Standards §§ 204.1 and 307.2.
   10. Main Entrance Vestibule
   1. Promptly, but not more than 14 days after the execution of this Agreement, Golden Greek shall ensure that:
   1. the chair obstructing the maneuvering clearance on the latch side of the vestibule door is removed in accordance with the 2010 Standards §§ 206.4, 206.5.1, and 404.2.4.1; and
   1. the force to push or pull open the vestibule door is no more than 5 pounds maximum is accordance with the 2010 Standards §§ 206.4, 206.5.1, and 404.2.9.
   11. Carry Out
   1. Within one month of the execution of this Agreement, Golden Greek shall institute a policy in accordance with 28 C.F.R. § 36.302(a) whereby individuals with disabilities who order carry out will either be provided with curbside delivery of their carry out orders or be permitted to pick up carry out orders at the hostess stand inside the main entrance.
   2. Within three months of the execution of this Agreement, Golden Greek shall ensure that there are directional signs at the carry out entrance complying with § 703.5 (visual characters) that indicate the location of the nearest entrance complying with § 404 in accordance with §§ 216.6, 703.5, and 703.7.2.1.
   12. Signage
   1. Within one month of the execution of this Agreement, Golden Greek shall ensure that doors at exits and at exit passageways and exit discharge and exit stairways are identified by tactile signs in raised characters and Braille in accordance with the 2010 Standards §§ 216.4.1, 703.1, 703.2, and 703.5.
   13. Dining Areas
   1. Within six months of the execution of this Agreement, Golden Greek shall ensure that:
   1. at least five percent of the restaurant’s available seating, equivalent to 15 wheelchair spaces out of the 282 available seating spaces, are located at accessible dining surfaces complying with the 2010 Standards § 902;
   2. accessible dining surfaces have clear floor space, 30 inches minimum by 48 inches maximum, complying with the 2010 Standards § 305 positioned for a forward approach with toe clearance extending 17 inches minimum under the surface and knee clearance at least 11 inches deep at 9 inches high and at least 8 inches deep at 27 inches high in accordance with the 2010 Standards §§ 226, 902.2, 305, and 306;
   3. accessible dining surfaces are dispersed throughout the facility containing dining surfaces, including the indoor and outdoor dining areas and in the bar area in accordance with the 2010 Standards §§ 226.1, 226.2, and 902;
   4. the gripping surface of the stairway handrail from the upper level to the lower level of the sunroom has either a circular cross section with an outside diameter of 1¼ inches minimum and 2 inches maximum or a non-circular cross section with a perimeter dimension of 4 inches minimum and 6¼ inches maximum, and a cross-section dimension of 2¼ inches maximum in accordance with 2010 Standards §§ 210.1, 504.6, and 505.5.7;
   5. nosings of the stairway from the upper level to the lower level of the sunroom have a leading edge curved or beveled in accordance with 2010 Standards §§ 210.1 and 504.5; and
   6. handrails of the stairway shall extend at the slope of the stair flight for a horizontal distance at least equal to one tread depth beyond the last riser nosing with extensions returning to a wall, guard, or the landing surface in accordance with the 2010 Standards §§ 210.1, 504.6, and 505.10.3.
   14. Bar Area
   1. Within two months of the execution of this Agreement, Golden Greek shall:
      1. create signage featuring the International Symbol of Accessibility to be prominently displayed in the bar area alerting patrons that equivalent bar service is readily available to individuals with disabilities at accessible tables in the bar area and accessible tables nearby to the bar area in accordance with 28 C.F.R. § 36.302(a);
      2. create a policy setting forth procedures and protocols for ensuring equivalent bar service is available for patrons with disabilities at accessible tables in the bar area and at accessible tables adjacent to the bar area, including the availability to such patrons with disabilities of any promotions, specials or menus available only to bar patrons; and
      3. train any and all Restaurant managers, hosts/hostesses, bartenders, and wait staff regarding the policy.
   15. Accessible Toilet Rooms
   1. Within three months of the execution of this Agreement, Golden Greek shall submit architectural plans and/or drawings illustrating the remediation of the men’s and women’s toilet rooms.  Such plans shall include designs that are fully compliant with all requirements of the 2010 Standards.  The architectural plans and/or drawings shall illustrate all required compliant features including elevations and/or sections. 
   2. 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, Golden Greek shall have 15 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval. 
   3. Within 18 months of approval of the architectural plans submitted pursuant to this paragraph, Golden Greek shall complete renovation of the toilet rooms in accordance with the approved drawings and/or plans. 
   4. Within one month of the completion of the accessible toilet rooms, Golden Greek shall place tactile signage in raised characters and braille on the wall adjacent to the latch side of the accessible toilet room doors in accordance with the 2010 Standards §§ 216.2 and 703.1–703.5. 
   16. Alterations
   1. Any future alterations, as defined in 42 U.S.C. § 12183 and 28 C.F.R. § 36.402(b), made to the Restaurant facility and not described in this Agreement shall comply in all respects with the ADA, its implementing regulations, and the 2010 Standards. 
   2. 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. 
3. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
17. 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 the Restaurant; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement.   
18. The United States does not assert that this Agreement or the modifications contemplated herein will bring the Restaurant 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.
19. The United States may review compliance with this Agreement at any time.  Upon reasonable advance notice to Golden Greek, Golden Greek shall permit the United States and any person acting on its behalf unlimited access to the Restaurant to review compliance with the ADA and this Agreement, provided that such access does not interfere with the comfort, privacy or safety of the guests at the Restaurant, or unreasonably interfere with the management and operation of the Restaurant.
20. If the United States believes that Golden Greek has violated this Agreement or any requirement thereof, it agrees to notify Mr. George Gionis, Owner, Golden Greek, LLC, in writing of the specific violation(s) alleged.  Golden Greek 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 Golden Greek 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.
21. Golden Greek 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 Golden Greek has agreed to correct have been so corrected.  Golden Greek shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Restaurant 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.
22. 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:

Jessica H. Soufer, Assistant U.S. Attorney
U.S. Attorney’s Office
157 Church Street, 25th Floor
New Haven, CT 06510
email: jessica.soufer@usdoj.gov

23. This Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person.
24. 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.
25. 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 Golden Greek and the Restaurant to comply with all aspects of the ADA.
26. 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 Golden Greek 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.
27. 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.
28. In the event Golden Greek seeks to transfer, or assign all or part of its interest in the Restaurant, or lease the premises, as a condition of sale, assignment, or lease, Golden Greek 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. 
29. 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.