SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND AND
JSDB, INC., d/b/a
THE HUB PUB
DJ# 202-56-27

1. Introduction
1. The parties to this agreement (“Agreement”) are the United States of America, and JSDB, Inc., d/b/a The Hub Pub.  The Hub Pub facility is owned and operated by Joe Schneider, Dennis Blackmun, and JSDB, Inc., and is located at 205 North Third Street, Grand Forks, North Dakota. 
2. The United States Department of Justice (“Department”) is responsible for enforcing Title III of the Americans with Disabilities Act (“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. The Hub Pub facility is a place of public accommodation within the meaning of the ADA, 42 U.S.C. § 12181(7)(B) and 28 C.F.R. § 36.104 and subject to the requirements of the ADA because it is a “restaurant, bar, or other establishment serving food or drink.” 42 U.S.C. § 12181(7)(B); 42 U.S.C. § 12182(a); and 28 C.F.R. § 36.201. 
2. Background and Investigation
5. This matter was initiated by the United States Attorney’s Office for the District of North Dakota (“United States”), a component of the Department, by a complaint filed under Title III of the ADA.  Specifically, an individual stated that the Hub Pub facility does not offer accessible seating in its dining areas or in its gaming area. 
6. As part of the investigation, and with the cooperation of the Hub Pub facility, the United States sent a Request for Information and conducted a site visit of the Hub Pub facility.  The purpose of the site visit was to evaluate compliance with the 2010 ADA Standards for Accessible Design, 28 C.F.R. § 35.104 (“Standards”). 
7. The Hub Pub is an existing facility originally constructed prior to the effective date of the ADA, however, alterations were made after March 15, 2012, including a renovation of the Hub Pub’s interior.  Because the Hub Pub facility 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).
8. In the course of its investigation, the United States determined that the seating at the dining surfaces and gaming surfaces in the Hub Pub facility did not comply with the Standards.  The United States also determined that the Third Street entrance to the Hub Pub facility was not accessible.
9. The parties wish to amicably resolve this matter without litigation.  The United States believes that 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.
10. The parties have voluntarily agreed to the terms of this Agreement.  These terms are intended to redress the violations of the ADA that have been identified by the United States. 
3. Remedial Action
11. By or before December 31, 2020, the Hub Pub facility will make the following modifications to improve accessibility for individuals with disabilities:

Dining Surfaces

1. At least five percent (5%) of the 77 seats, or at least four (4), shall be at accessible dining surfaces and comply with Standards § 902. 
2. Accessible dining surfaces shall have a top minimum height of 28 inches and a top maximum height of 34 inches above the finish floor or ground.  Standards §§ 226.1, 902.3. 
3. Accessible dining surfaces shall have clear floor space, 30 inches minimum by 48 inches minimum, complying with 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 Standards §§ 226.1, 305, 306, and 902. 
4. Accessible dining surfaces shall have toe and knee clearance that is a minimum of 30 inches wide.  Standards §§ 306.2.5, 306.3.5. 
5. The four accessible dining spaces shall be dispersed throughout the Hub Pub facility, including the dining areas and the bar area.  Standards § 226.2. 

Gaming Surfaces

1. At least one of these seats shall be at an accessible gaming surface and comply with Standards 902. 
2. The accessible gaming surface shall have a top minimum height of 28 inches and a top maximum height of 34 inches above the finish floor or ground.  Standards §§ 226.1, 902.3. 
3. The accessible gaming surface shall have clear floor space, 30 inches minimum by 48 inches minimum, complying with 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 Standards §§ 226.1, 305, 306, and 902. 
4. The accessible gaming surface shall have toe and knee clearance that is a minimum of 30 inches wide.  Standards §§ 306.2.5, 306.3.5. 

Third Street Entrance

The Third Street entrance to the Hub Pub facility has a three-inch level change.  A sign should be posted at this inaccessible entrance directing individuals to the accessible entrance for the Hub Pub facility, and the accessible entrance should be identified with the International Symbol of Accessibility.  Standards §§ 216.6, 703.5, 703.7.2.1. 

Alterations

1. Any future alterations, as defined in 42 U.S.C. §12183 and 28 C.F.R. § 36.402(b), made to the Hub Pub 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. 
4. Implementation and Enforcement
12. This Settlement Agreement cannot be modified or amended except in writing, agreed to by the Parties. 
13. 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 concerns with the Hub Pub facility and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issues raised within 30 days of the date that the United States provides notice to the Hub Pub facility the United States may institute a civil action in the appropriate court to enforce this Agreement or the requirements of Title III. 
14. Failure by the United States to enforce any provision or deadline in this Agreement shall not be a waiver of the United States’ right to enforce any deadline or provision of this Agreement.
15. The 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, will be enforceable under its provisions. 
16. All notices, demands, reports, or other communications to be provided pursuant to this Agreement shall be in writing and delivered by electronic mail or overnight mail to the following:  

Melissa Helen Burkland
Assistant United States Attorney
Quentin N. Burdick United States Courthouse
655 First Avenue North – Suite 250
Fargo, ND 58102-4932
Melissa.Burkland@usdoj.gov

17. 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. 
18. This Agreement does not affect the Hub Pub facility’s continuing responsibility to comply with all applicable aspects of Title III of the ADA. 
19. This Agreement is a public document.  A copy of this Agreement or any information contained in it may be made available by either party.
20. 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.
21. The person(s) signing this Agreement for the Hub Pub facility represents that she or he is authorized to bind the Hub Pub facility to this Agreement.
22. The effective date of this Agreement is the date of the last signature below.
23. This Agreement will remain in effect for two years from the effective date of this Agreement.