SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
IRISH DEMOCRAT
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ# 202-27-45

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 (“United States”) against The Cedar Rapids Brewing Company, operating as The Irish Democrat (“Irish Democrat”) in Cedar Rapids, Iowa.   DJ# 202-27-45 alleges that certain features of the restaurant that were in existence on the effective date of Title III are not readily accessible to individuals with disabilities and violate Title III and its implementing regulation, including the ADA Standards for Accessible Design (“Standards”), 28 C.F.R. Part 36 App. A.  The United States’ investigation of the complaint has confirmed these allegations.
2. The Attorney General of the United States (“Attorney General”) is authorized to enforce Title III of the ADA by seeking the removal of barriers to access where doing so is readily achievable and by the modification of elements of facilities that were not altered to comply with the Standards.  See 42 U.S.C. § 12188(a)(2).  In addition, the Attorney General may commence a civil action to enforce Title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised.  See id. at § 12188(b)(1)(B).
3. Irish Democrat operates a place of public accommodation within the meaning of 42 U.S.C. § 12181(7)(B) .  Irish Democrat is a private entity within the meaning of 42 U.S.C. § 12181(6), and is considered a place of public accommodation because it affects commerce and is a service establishment within the meaning of 42 U.S.C. § 12181(7).  See also 28 C.F.R. § 36.104.
4. Irish Democrat agrees to correct violations of the ADA Standards indicated below and to remove barriers to the existing spaces where doing so is readily achievable.  Irish Democrat agrees to take the steps outlined in this Settlement Agreement to ensure that individuals with disabilities, including individuals who use wheelchairs, have an opportunity equal to that of non-disabled individuals to enjoy Irish Democrat’s accommodations.  In light of this Agreement, the parties have determined that DJ# 202-27-45 can be resolved without litigation and have prepared and agreed to the terms of this Settlement Agreement.

AGREEMENT

5. Barrier Removal:  The deficiencies indicated in this paragraph will all be corrected within one year of the effective date of this Agreement.
1. Front Entrance: The door lacks the required level maneuvering clearance at the exterior.  Section 206.4 requires that at least one entrance door shall:
1. have a clear area of 60 inches deep perpendicular to the doorway and 18 inches wide parallel to the doorway at the latch side.  See the Standards
   § 404.2.4.1 ; See Figure 404.2.4.1(a);
2. AND, have a level (maximum 1:48 slope) ground surface.  See the Standards § 404.2.4.4, Exception 1;
3. OR, shall have an automatic door opener.  See the Standards § 404.3.
2. Dining Areas -including free standing tables, bars and booths: The dining areas lack sufficient accessible dining surfaces.  Section 226.1 requires that at least 5% of all dining surfaces shall:
   1. be on an accessible route. See the Standards §§ 206.2.4, 206.2.5;
   2. be dispersed throughout the facility containing dining surfaces.
      See the Standards § 226.2;
   3. have a 30 inch by 48 inch clear floor space positioned for a forward approach.  See the Standards §§ 902.2, 305.3, 305.5;
   4. have a knee clearance at least 11 inches deep at 9 inches above the floor  and at least 8 inches deep at 27 inches above the floor, and minimum 30 inches wide.  See the Standards § 306.3;
   5. have a toe clearance between 17 inches and 25 inches deep up to 9 inches above the floor, and minimum 30 inches wide.  See the Standards § 306.2; and
   6. have a surface height between 28 inches and 34 inches.  See the Standards  § 902.3.
3. Men’s and Women’s Toilet Rooms with Compartments:  The toilet rooms lack any accessible elements.  Section 213.2 requires that each toilet room shall comply with the Standards with regard to elements provided, including, but not limited to room signage, doors, door hardware, maneuvering spaces and clear floor spaces, toilet compartments, toilets, grab bars, urinals, lavatories, mirrors, controls, dispensers and receptacles, and fire alarm devices.  See the Standards
   §§ 216.1, 206.5, 404.2.7, 404.2.4.1, 603.2, 604, 605, 606, 213.3.5, 603.3, 309.
6. At six (6) and twelve (12) months after the effective date of this Agreement, and annually thereafter until the termination or expiration of this Agreement, Irish Democrat will submit written reports to the United States summarizing the actions Irish Democrat has taken pursuant to this Agreement.  Reports will include detailed photographs showing measurements, architectural plans, work orders, purchase receipts, and other relevant evidence of actions taken.

ENFORCEMENT

7. The United States may review compliance with this Agreement at any time.  If the United States believes that this Agreement or any of its requirements has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of Title III following written notice to Irish Democrat of possible violations and a period of 30 days in which Irish Democrat has the opportunity to cure the alleged violations.
8. If the United States demonstrates in a civil proceeding to enforce this agreement that Irish Democrat has failed to comply with any provision of this agreement, such failure shall constitute a subsequent violation, within the meaning of 42 U.S.C. § 12188(b)(2)(C)(ii) and 28 C.F.R. § 36.504(a)(3)(ii), and Irish Democrat shall correct this noncompliance and shall be liable to the United States for a civil penalty of no less than $ 10,000.00, in addition to any appropriate compensatory damages.
9. Failure by the United States to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
10. This Agreement shall be binding on Irish Democrat and its successors in interest.  Irish Democrat has a duty to notify all such successors in interest of this Agreement and the duties and responsibilities it imposes on them.

IMPLEMENTATION

11. This Agreement is a public agreement.  A copy of this document or any information contained in it will be made available to any person by Irish Democrat or the United States on request.
12. The effective date of this Agreement is the date of the last signature below.
13. 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, will be enforceable under its provisions.
14. 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.  This Agreement does not affect the Irish Democrat’s continuing responsibility to comply with all aspects of
    Title III of the ADA, in particular, the obligation to remove barriers to access for people with disabilities where it is readily achievable and to design and construct new facilities in compliance with the Standards.
15. This Agreement will remain in effect for three (3) years from the effective date of this Agreement, or until all remedial actions are completed, whichever is later.
16. The person signing this document for Irish Democrat represents that he/she is authorized to bind Irish Democrat to this Agreement.

AGREED AND CONSENTED TO: