SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA,
PARK DISTRICT OF THE CITY OF FARGO,
AND GILBERT C. GRAFTON POST NO. 2
WITH RESPECT TO
THE JACK WILLIAMS STADIUM
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ # 204-56-31

BACKGROUND AND JURISDICTION

1. This Agreement (the "Agreement") is made and entered into by the United States of America (the "United States"), the Park District of the City of Fargo (the "Park District"), and Gilbert C. Grafton Post No. 2 ("Post 2") (collectively "the parties").
2. This Agreement resolves an investigation conducted by the United States Department of Justice of the Jack Williams Stadium under titles II and III of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-34, 12181-89, and its implementing regulations, 28 C.F.R. parts 35 and 36, including the ADA Standards for Accessible Design, which includes both the 2010 ADA Standards for Accessible Design, consisting of the requirements contained in the 2004 ADA Accessibility Guidelines at 36 C.F.R. part 1191, appendices B and D and the 1991 ADA Standards for Accessible Design, 28 C.F.R. part 36, subpart D (the "Standards").
3. The United States commenced its investigation of the Jack Williams Stadium after it received a complaint from a person with a disability alleging that the restrooms at Jack Williams Stadium were not accessible.
4. The Jack Williams Stadium is an outdoor baseball stadium in Fargo, North Dakota. The Jack Williams Stadium has permanent seating for 2,291 spectators, but can host in excess of 5,000 spectators with additional bleacher seating and standing room. The Jack Williams Baseball Stadium has hosted three American Legion World Series in 1983, 1992, and 1995, and regularly hosts American Legion baseball games and tournaments. The Jack Williams Stadium has been subject to significant alterations and improvements since January 26, 1992.
5. On December 9, 1997, Post 2, as Tenant, entered into a Lease with the Park District, as Landlord, for use of the Jack Williams Stadium as a baseball park. The Lease has a term of 99 years, commencing July 1, 1997, and ending June 30, 2096. For more than thirty years prior to 1997, Post 2 occupied the Jack Williams Stadium pursuant to an oral lease with the Park District.
6. The Jack Williams Stadium is owned by the Park District, which is a Municipal Subdivision and a Park District organized under Chapter 40-49 of the North Dakota Century Code. The Park District is a "public entity" as defined by title II of the ADA. 42 U.S.C. § 12131, 28 C.F.R. § 35.104.
7. Post 2 is a non-profit corporation that leases or operates a stadium or other place of exhibition or entertainment, and its operations affect commerce. The Jack Williams Stadium is a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7) and 28 C.F.R. § 36.104. Post 2 is a "public accommodation" as defined by title III of the ADA. 42 U.S.C. 12182(a) and 28 C.F.R. 36.104.
8. The Attorney General is authorized to determine compliance with title II of the ADA and its implementing regulation, to attempt informal resolution, such as through the terms of this settlement agreement, and if unable to achieve resolution, to issue a non-compliance Letter of Findings, and to negotiate and secure voluntary compliance agreements. 28 C.F.R. Part 35, subpart F. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA if voluntary compliance cannot be secured.
9. The Attorney General is authorized to investigate complaints under title III, 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.

INVESTIGATION AND FINDINGS

10. As part of its investigation, and with the cooperation of the Park District and Post 2, the United States conducted a site visit of the Jack Williams Stadium on June 3, 2016.
11. In the course of its investigation, the United States identified elements of the Jack Williams Stadium restrooms that did not comply with the Standards.

TERMS OF AGREEMENT

12. 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.
13. The Park District and Post 2 will remedy each of the following violations to comply with the 2010 ADA Standards for Accessible Design:
    1. Women's Restroom
       1. Door:
          1. There is a change in level greater than ½ inch at the door, without a ramp. Standards 206.2.2, 402.2, 403.4, 303.4.
          2. There is less than 48 inches of maneuvering clearance perpendicular to the push side of the doorway, due to the privacy wall. Standards 206.2.2, 404.2.4, 402.2.4.1.
          3. There is less than 18 inches of maneuvering clearance parallel to the pull side of the doorway, due to the chain link fence. Standards 206.2.2, 404.2.4, 402.2.4.1.
       2. Sink:
          1. The toe clearance extends less than 17 inches under the sink. Standards. 213.3.4, 606.2, 305.4, 306.2.3.
          2. The water and drain pipes are not covered or configured to protect against contact. Standards 213.3.4, 606.5.
          3. The faucet is not usable with one hand without tight grasping, pinching, or wrist twisting. Standards 213.3.4, 606.4, 309.4.
       3. Mirror:
          1. The bottom of the reflecting surface is over 40 inches from the floor. Standards 213.3.5, 603.3.
       4. Paper Towel Dispenser:
          1. The highest usable part of the towel dispenser is more than 48 inches from the floor. Standards 205.1, 309.3, 308.
       5. Toilet Stalls/Compartments: At least one toilet compartment must be accessible to wheelchairs. Standards 213.3.1, 604.8.1.
          1. Stalls are less than 60 inches wide and 59 inches deep. Standards 213.3, 604.8.1.1.
          2. Stall doors are less than 32 inches wide. Standards 213.3.1, 604.8.1.2, 404.2.3.
          3. Door hardware is not usable with one hand, without tight grasping, pinching, or wrist twisting. Standards 213.3.1, 604.8.1.2, 404.2.7, 309.4.
          4. Coat hook is more than 48 inches from the floor. Standards 213.3.7, 604.8.3, 308.
          5. Top of the toilet seat is less than 17-19 inches from the floor. Standards 213.3.2, 604.4.
          6. Centerline of the toilet seat is less than 16-18 inches from the nearest wall or partition. Standards 213.3.2, 604.2.
          7. Flush control is not on the open side or fully automatic. Standards 213.3.2, 604.6.
          8. No grab bars are provided. Standards 213.3.1, 604.8.1.5, 604.5.1, 604.5.2, 609.
       6. Signage: The restroom lacks a sign identifying the restroom with tactile characters and braille. Standards 216.2, 703.1, 703.2, 703.5.
    2. Men's Restroom
       1. Door:
          1. There is a change in level greater than 1/2 inch at the door, without a ramp. Standards 206.2.2, 402.2, 403.4, 303.4.
          2. There is less than 48 inches of maneuvering clearance perpendicular to the push side of the doorway, due to the privacy wall. Standards 206.2.2, 404.2.4, 402.2.4.1.
          3. There is less than 54 inches of maneuvering clearance perpendicular to the pull side of the doorway, due to the chain link fence. Standards 206.2.2, 404.2.4, 402.2.4.1.
       2. Sink:
          1. The toe clearance extends less than 17 inches under the sink. Standards. 213.3.4, 606.2, 305.4, 306.2.3.
          2. The water and drain pipes are not covered or configured to protect against contact. Standards 213.3.4, 606.5.
          3. The faucet is not usable with one hand without tight grasping, pinching, or wrist twisting. Standards 213.3.4, 606.4, 309.4.
       3. Paper Towel Dispenser:
          1. The highest usable part of the towel dispenser is more than 48 inches from the floor. Standards 205.1, 309.3, 308.
       4. Urinals: If more than one urinal is provided, at least one must be accessible. However, a urinal will likely need to be removed to provide a 60-inch-wide toilet stall. Standards 213.3.3, 605.
          1. There is less than 13.5 inches from the outer face of the rim to the back of the fixture. Standards 213.3.3, 605.2.
          2. The rim height is more than 17 inches above the ground. Standards 213.3.3, 605.2.
       5. Toilet Stalls/Compartments: At least one toilet compartment must be accessible to wheelchairs. Standards 213.3.1, 604.8.1.
          1. Stalls are less than 60 inches wide and 59 inches deep. Standards 213.3.1, 604.8.1.1.
          2. Stall doors are less than 32 inches wide. Standards 213.3.1, 604.8.1.2, 404.2.3.
          3. Door hardware is not usable with one hand, without tight grasping, pinching, or wrist twisting. Standards 213.3.1, 604.8.1.2, 404.2.7, 309.4.
          4. Top of the toilet seat is less than 17-19 inches from the floor. Standards 213.3.2, 604.4.
          5. Centerline of the toilet seat is less than 16-18 inches from the nearest wall or partition. Standards 213.3.2, 604.2.
          6. Flush control is not on the open side or fully automatic. Standards 213.3.2, 604.6.
          7. No grab bars are provided. Standards 213.3.1, 604.8.1.5, 604.5.1, 604.5.2, 609.
          8. Signage: The restroom lacks a sign identifying the restroom with tactile characters and braille. Standards 216.2,703.1, 703.2, 703.5
14. The Park District and Post 2 agree to correct each violation identified herein no later than September 1, 2019.
15. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from undertaking further investigation and from filing a civil suit regarding all matters contained within this Agreement, except as provided in the section entitled "Implementation and Enforcement."

IMPLEMENTATION AND ENFORCEMENT

16. By September 1, 2019, the Park District and Post 2 shall provide the United States with written documentation evidencing their correction of all violations identified in Paragraph 14 in sufficient detail for the United States to independently confirm that all work has been done in conformance with the parties' agreement. Such evidence shall include color photographs, purchase orders, permits, and/or architectural drawings, if necessary.
17. 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 its concern(s) with the Park District and Post 2 and the parties will attempt to resolve the concern(s) in good faith. If the parties are unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date the United States provides notice to the Park District and Post 2, the United States may institute a civil action in federal district court to enforce the ADA or to enforce the terms of this Settlement Agreement.
18. Failure by the United States to enforce any provision or deadline of this Agreement shall not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement.
19. This Agreement constitutes the entire agreement between the parties relating to Department of Justice No. 204-56-31 and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement, including its attachments, shall be enforceable.
20. This Agreement shall be binding on the Park District, and its agents and employees, and Post 2, and its agent and employees. In the event the Park District or Post 2 seeks to transfer or assign all or part of its interest in the Jack Williams Stadium, and the successor or assign intends to carry on the same or similar use of the facility, as a condition of transfer the Park District and/or Post 2 shall obtain the written accession of the successor or assign to any obligations remaining under this agreement for the remaining term of this Agreement.
21. 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 persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

    For the United States:
    Tara Vavrosky Iversen
    Assistant United States Attorney
    Quentin N. Burdick United States Courthouse
    655 First Avenue North - Suite 250
    Fargo, ND 58102-4932
    (701) 297-7414
    Tara.Iversen@usdoj.gov

    For the Park District:
    Joe Deutsch, President
    Fargo Park District
    701 Main Avenue
    Fargo, ND 58103-1806
    (701) 499-6060
    joe.deutsch@fargoparks.com

    For Post 2:
    Andrew S. Fritz, Esq.
    Bowman-Carter Law, PC
    4580 N. Silver Springs Drive, Ste. 100
    Park City, UT 84098-6199
    (435) 615-6980
    afritz@bowmancarterlaw.com

22. 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, the Park District and Post 2 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.
23. This Agreement is limited to the matters described herein and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the Park District's or Post 2's continuing responsibility to comply with all aspects of the ADA not covered by this Agreement.
24. A signatory to this document in a representative capacity for a partnership, corporation, or other entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement
25. The effective date of this Agreement is the date of the last signature below.
26. The term of this Agreement shall be two years from the effective date.