SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE HAZELDEN BETTY FORD FOUNDATION
USAO# 2016V01957
DJ#202-12C-575

I. Background

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America (the “United States”) and the Hazelden Betty Ford Foundation (“HBFF”).
2. HBFF is a nonprofit corporation that provides medical services, including drug and alcohol addiction rehabilitation services, to the public and is a place of public accommodation covered by Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181(7) and its implementing regulation, 28 C.F.R. § 36.104. HBFF, headquartered in Center City, Minnesota, is the owner and operator of the Betty Ford Center located in Rancho Mirage, California, and is thus the public accommodation subject to Title III of the ADA and this Agreement. 28 C.F.R. § 36.104 (definition of public accommodation).
3. This matter was initiated based on a complaint filed with the Department of Justice under the ADA, 42 U.S.C. §§ 12181–12189, alleging that there were architectural barriers to access for individuals with disabilities at the Betty Ford Center.
4. Ensuring that rehabilitation centers, hospitals and other service and social service establishments do not discriminate on the basis of disability is an issue of general public importance. 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 raises issues of general public importance. 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 503, 506.
5. The purpose of this Agreement is to resolve certain violations of Title III of the ADA that the United States identified in an investigation of the Betty Ford Center. HBFF agrees to remove these architectural barriers to access and violations of the ADA Standards for Accessible Design in a manner that is consistent with Title III of the ADA, and the Title III regulations, 28 C.F.R. Part 36, including to the extent applicable the 2010 Standards for Accessible Design (the “2010 Standards”). The 2010 ADA Standards consist of the 2004 ADA Accessibility Guidelines (“ADAAG”) and the requirements contained in subpart D of 28 C.F.R. Part 46. The 2004 ADAAG means the requirements set forth in appendices B and D to 36 C.F.R. Part 1191 (2009).
6. The Betty Ford Center is a drug and alcohol addiction treatment facility that provides a combination of outpatient and inpatient services, with 100 beds for its inpatient population. It consists of multiple buildings, or halls, include staff and administrative offices, meeting areas for individual and group counseling, a lecture hall, a dining hall, and patient dormitories. There are ten (10) buildings or halls in total, including the following:
1. Admissions Building, built 2009 – admissions and call center;
2. Cork Hall, built 1984 – family program counseling, office space;
3. Daniels Hall, built 2011 – fitness (gymnasium), administrative offices, dietary, Children’s Program, bookstore;
4. Dupont Hall, built 1982, renovated 2008 – men’s residential patient rooms, counseling and other office space;
5. Fisher Hall, built 1985, renovated 2008 – women’s residential patient rooms, counseling and other office space;
6. Firestone Hall, built 1982, renovated 2015 – day treatment (outpatient), program group rooms, office space for human resources, facilities, and alumni relations;
7. McCallum Hall, built 1982 – men’s residential patient rooms, counseling, and other office space;
8. Ottenstein Hall, built 2000, renovated 2005 and 2009 – medical services unit, residential patient rooms;
9. Pocklington Hall, built 1982 – women’s residential patient rooms, counseling and other office space; and
10. James West Lecture Hall, built 1992 – lecture hall.
7. Title III of the ADA requires that HBFF ensure that no individual is discriminated against on the basis of a disability in the full and equal enjoyment of the Betty Ford Center’s goods, services, facilities, privileges, advantages and accommodations. 42 U.S.C. § 12182(a). Title III of the ADA also requires that HBFF remove architectural barriers to access in existing facilities where it is readily achievable to do so, 42 U.S.C. 12182(b)(2)(A)(iv), (v), and that it design and construct or alter any buildings or facilities subject to 42 U.S.C. 12183 and 28 C.F.R. Part 36, Subpart D, in such a manner that those buildings, facilities or parts thereof are readily accessible to and usable by individuals with disabilities.
8. Based on the information voluntarily provided by HBFF, as well as a survey that the United States conducted at the Betty Ford Center on June 22, 2017, the United States has concluded that architectural barriers to access exist at the Betty Ford Center and that it would be readily achievable to remove these barriers. 42 U.S.C. § 12182(b)(2)(iv); 28 C.F.R. § 36.304. In addition, the United States has concluded that, with respect to certain facilities or parts thereof that were altered, or designed and constructed for first occupancy after, January 26, 1993, HBFF violated the ADA’s requirements that new construction or alterations be readily accessible to and usable by individuals with disabilities. 42 U.S.C. § 12183, 28 C.F.R. §§ 36.401–36.406.
9. The parties agree that it is in their best interest, and the United States believes that it is in the public interest, to resolve this dispute. The parties have therefore voluntarily entered into this Settlement, agreeing as follows:

II. REMEDIAL ACTIONS

10. The subjects of this Agreement are HBFF’s obligations to:
1. Remove architectural barriers in existing facilities where such removal is readily achievable, 42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R. § 36.304;
2. Undertake alterations in such a manner that they are readily accessible to and usable by persons with disabilities to the maximum extent feasible, 42 U.S.C. § 12183(a), 28 C.F.R. §§ 36.402 & 36.403 and the 2010 Standards;
3. Ensure that its newly constructed buildings are readily accessible to and usable by individuals with disabilities, 42 U.S.C. § 12183(a), and 28 C.F.R. §§ 36.401–36.406, and the 2010 Standards; and
4. 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 the Betty Ford Center.
11. HBFF shall ensure that individuals with disabilities are not discriminated against on the basis of disability in the full and equal enjoyment of the offered goods, services, facilities, privileges, advantages, or accommodations of the Betty Ford Center, in accordance with 42 U.S.C. §§ 12182(b)(1)(A)(i), (ii), and 28 C.F.R. § 36.202. Toward this end, HBFF shall remove architectural barriers to access where it is readily achievable to do so, and make its newly constructed or altered facilities or parts thereof readily accessible to and usable by individuals with disabilities as set forth in Paragraphs 12–15 below. 42 U.S.C. §_12182(b)(2)(A)(iv); 12183; 28 C.F.R. § 36.304; 36.401–406.
12. Unless otherwise indicated herein, HBFF shall remove the architectural barriers to access (i) identified by the United States during its June 22, 2017 survey of the Betty Ford Center and (ii) identified in the additional self-assessment of the Betty Ford Center conducted by HBFF in the areas not surveyed by the United States, which are together set forth in the list attached as Attachment A. HBFF has advised that removal of the architectural barriers began in October 2018.
13. The Admissions Building, Daniels Hall, Dupont Hall (renovations), Fisher Hall (renovations), Firestone Hall (renovations), and Ottenstein Hall are subject to the ADA’s requirements for new construction, 42 U.S.C. § 12183, 28 C.F.R. §§ 36.401– 36.406, while the rest of the Betty Ford Center facilities are subject to the ADA’s barrier removal requirements, 42 U.S.C. § 12182(b)(2)(iv); 28 C.F.R. § 36.304. HBFF’s self-survey included the following areas:
1. Fisher Hall, Patient Room 409, and Room 409 Toilet (designated accessible);
2. Fisher Hall, Patient Room 410, and Room 410 Toilet (designated accessible);
3. McCallum Hall, First Floor Men’s and Women’s Toilets;
4. Pocklington Hall, First Floor Men’s and Women’s Toilets; and
5. Swimming Pool.
14. HBFF has advised the United States that four buildings at the Betty Ford Center—Dupont, Fisher, McCallum, and Pocklington—are part of a five-year construction project that will include demolition and replacement of the four buildings as well as work on the pool and spa area. With regard to architectural barriers or violations of the ADA Standards in buildings and areas slated for demolition and replacement or other construction that will take longer than 180 days, as set forth in Attachment A, pending the completion of such construction, HBFF shall remove barriers and implement policies, practices, and procedures ensuring that no discrimination takes place, including the following:
1. Relocation of equipment and furniture to provide equal access to facilities, including but not limited to moving lounge furniture from sunken living room areas to the accessible area above;
2. Relocation of goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation from inaccessible areas of the facilities to accessible areas of the facilities, including but not limited to relocation of group meetings from sunken living room areas to the accessible area above; and
3. Reasonable modifications in policies, practices, and procedures when necessary to afford individuals with disabilities with full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations.
15. Any alterations or renovations undertaken at the Betty Ford Center shall comply with Title III of the ADA and its implementing regulations, including the 2010 Standards where applicable. 42 U.S.C. § 12183; 28 C.F.R. §§ 36.402–36.406.
16. HBFF has represented to the United States that it has completed some of the remediations required by the ADA as set forth in Attachment A. Within 180 days after the effective date of this Agreement, and then once per year on or before the anniversary of the effective date until completed, HBFF shall submit a progress report to the undersigned counsel detailing the actions taken to comply with this Agreement. This report shall include photographs of elements remediated by this Agreement. In addition, HBFF shall permit representatives of the United States physically to inspect the Betty Ford Center on reasonable notice, and shall provide documentation of compliance with this Agreement upon request.

III. DURATION, EXECUTION, AND OTHER TERMS

17. If the United States believes that this Agreement or any requirement in this Agreement has been violated, the United States will notify HBFF in writing and will attempt to resolve the issues in good faith. If the United States and HBFF have not reached an agreement to address the United States’ concerns within  days after the written notice, the United States may institute a civil action in the United States District Court for the Central District of California to seek appropriate relief to enforce the terms of this Agreement and/or Title III of the ADA.
18. In consideration of the terms of this Agreement, including HBFF’s promises to take the remedial actions stated in Section II of this Agreement, the Department of Justice agrees to refrain from undertaking further investigation into or filing a civil suit in this matter at this time as it relates to any alleged violations specifically addressed in this Agreement. However, this shall not limit the United States’ ability to enforce this Agreement as set forth in Paragraph 16 of this Agreement. Nor does this Agreement prevent the United States from investigating and/or pursuing other potential ADA violations that may involve HBFF. Nor does this Agreement otherwise relieve HBFF from fully complying with the ADA, or with any other agreements HBFF presently has or may have in the future with the United States or any other person or entity regarding the ADA.
19. This Agreement is effective on the date of signature of the last signatory to the Agreement.
20. The duration of this Agreement shall be for a period of three years from the date of execution.
21. This Agreement, including all attachments, constitutes the entire agreement between the parties. No prior or contemporaneous communications, oral or written, or prior drafts shall be relevant or admissible for purposes of determining the meaning of any term herein or in any other proceeding.
22. The undersigned represent and warrant that they are fully authorized to execute this Agreement on behalf of the entities indicated below.
23. This Agreement is binding on the parties and their transferees, heirs, successors, and assigns. In the event that HBFF seeks to transfer or assign the Betty Ford Center or any part of it, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale, HBFF shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
24. Nothing in this Agreement will excuse HBFF’s compliance with any currently or subsequently effective provision of law, order of a regulator with authority over HBFF, or other settlement agreement with the Department of Justice that imposes additional obligations on HBFF.
25. Except where this Agreement expressly conditions or predicates performance of a duty or obligation upon the performance of a duty or obligation by another party, the performance of one party’s duties or obligations under this Agreement shall not be discharged or excused by the actual or alleged breach of the duties and obligations by another party.
26. 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 term materially alters the rights or obligations of the parties, the parties 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.
27. This Agreement may be modified only with the written consent of both parties. Any modifications must be in writing and signed by the parties through their authorized representatives.