SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
THE HISTORIC HILTON VILLAGE PARLOR RESTAURANT
DJ 202-1-17
BACKGROUND
1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (“Department”) against Connie Jones (“Owner/Operator”), the owner and operator of the Historic Hilton Village Parlor Restaurant (“Restaurant”), located at 10359 Warwick Boulevard, Newport News, Virginia. Department of Justice complaint number 202-79-147 alleges that on October 12, 2003, a patron with a disability was told to leave the Restaurant because the individual was accompanied by a service animal.
2. The ADA requires that public accommodations make reasonable modifications in policies, practices, or procedures, to permit the use of a service animal by people with disabilities. 42 U.S.C. §12182(b)(2)(A)(ii); 28 C.F.R. §36.302(c).
3. The Owner/Operator agrees to modify its policies and practices, as outlined in this Settlement Agreement (“Agreement”), to ensure that individuals who use service animals have an opportunity to the services provided by the Restaurant that is equal to that of others.
JURISDICTION
5. The Restaurant is an establishment serving food or drink and, as such, is a place of public accommodation. 42 U.S.C. § 12181(7)(B); 28 C.F.R. § 36.104. Connie Jones owns and operates the Restaurant and, as such, is a public accommodation covered by title III of the ADA. 28 C.F.R. §36.104.
6. The Attorney General is authorized under section 308 of the ADA, 42 U.S.C. §12188, to investigate complaints and bring a civil action under title III in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised.
7. The parties to the Agreement are the Department and the Owner/Operator of the Restaurant. In light of this Agreement, the parties have determined that Department of Justice complaint 202-79-147 can be resolved without litigation and have prepared and agreed to the terms of this Settlement Agreement.
8. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from undertaking further investigation or filing a civil suit in this matter regarding the areas covered under the Remedial Action section of this Agreement, except as provided in the Enforcement and Implementation sections of the Agreement.
REMEDIAL ACTION
9. As soon as practicable, but in no event more than thirty days (30) from the effective date of the Agreement, the Owner/Operator agrees to do the following:
1. The Owner/Operator shall post the following notice, in 24 font print or larger, in a conspicuous place in the Restaurant:
“Individuals with disabilities and their service animals are welcome at theVillage Parlor Restaurant.”
2. The Owner/Operator shall adopt and distribute to all Restaurant employees the Village Parlor Restaurant Policy Regarding Services Animals for Customers with Disabilities (attached hereto as exhibit A). The Owner/Operator shall train the Restaurant’s current employees as to their obligations under the ADA with respect to service animals so as to ensure that persons with disabilities accompanied by service animals have access to its Restaurant equal to persons without disabilities. Furthermore, during the life of the Agreement, employees hired by the Owner/Operator to work at the Restaurant shall be trained and informed of the Restaurant’s Service animal policy within 24 hours of hire.
10. The Owner/Operator, within sixty (60) days of the effective date of this Agreement, shall submit a written report to the Department outlining its compliance with Paragraph 9, above.
ENFORCEMENT
11. The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this Agreement or any of its requirements have been violated, it may institute a civil action in Federal District Court to enforce this Agreement or the requirements of title III.
12. Failure by the Department to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.
13. This Agreement shall be binding on the Owner/Operator and its successors in interest. The Owner/Operator has a duty to notify all such successors in interest of this Agreement and the duties and responsibilities it imposes on the Owner/Operator.
IMPLEMENTATION
14. The effective date of this Agreement is the date of the last signature below.
15. This Agreement, including Exhibit 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.
16. This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other Federal law.
17. This Agreement does not affect the Owner/Operator’s continuing responsibility to comply with all aspects of title III of the ADA. In particular, title III imposes an obligation to make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, and facilities to individuals with disabilities. This obligation must be continuously re-visited, particularly where the financial resources available to a public accommodation may improve over time.
18. A copy of this document or any information contained in it will be made available to any person by the Owner/Operator or the Department on request.
19. This Agreement will remain in effect for two (2) year from the effective date of this Agreement.
20. The person signing this document for the Owner/Operator represents that he/she is authorized to bind the Owner/Operator to this Agreement.
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FOR THE RESPONDENT:
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FOR THE UNITED STATES: |
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CONNIE JONES
Owner
Date: ____________________
By:________________________
Historic Hilton Village Parlor Restaurant
10359 Warwick Boulevard
Newport News, Virginia 23601
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WAN J. KIM
Assistant Attorney General
Civil Rights Division
_____________________________
JOHN WODATCH, Chief
MARY LOU MOBLEY,
Acting Deputy Chief
MARY LOU MOBLEY, Acting Deputy Chief
ELIZABETH BACON, Supervisory Attorney
TERRY D. FULTON, Investigator
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530
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Date: 1 June 06
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Date: 6/1/2006
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