SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND FITNESS INTERNATIONAL, LLC
DJ# 202-14-164

The parties to this agreement (“Agreement”) are the United States of America and Fitness International, LLC doing business as L.A. Fitness (“L.A. Fitness”). The parties hereby agree as follows:

BACKGROUND AND JURISDICTION

1. Fitness International, LLC is the owner/operator of L.A. Fitness (“the Health Club”) located at 761 Main Avenue, Norwalk, CT 06851.
2. The United States Attorney’s Office for the District of Connecticut, a component of the United States Department of Justice (“United States”), opened an investigation of the Health Club facility pursuant to Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189, and its implementing regulation, 28 C.F.R. part 36 (Title III Regulation), The United States initiated its investigation upon the receipt of a complaint from an individual regarding lack of accessibility at the Health Club.
3. The United States is authorized to investigate alleged violations of Title III of the ADA. Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes. If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or where the case raises an issue of general public importance. 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 36.503, 36.506.
4. Title III of the ADA mandates that “no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”  42 U.S.C. § 12182(a). The Health Club is a place of public accommodation within the meaning of Title III because it is “a fitness facility.” 42 U.S.C. § 12181(7)(B). Fitness International, LLC, as the owner and operator of the Health Club, is a public accommodation subject to the requirements of Title III of the ADA. 28 C.F.R. § 36.104.
5. The Health Club is an existing facility originally constructed prior to the effective date of the ADA. Alterations to the fitness facility, locker rooms, toilet rooms and pool were made after March 15, 2012. Because the Health Club 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).  Moreover, the path of travel to the altered parts of the facilities that contain a primary function area must also be made readily accessible to and usable by individuals with disabilities, unless the cost and scope of such additional alterations would be disproportionate. 28 C.F.R. 36.403(a). Other features and elements of the facility are subject to the ADA’s barrier removal requirements, where it is readily achievable to do so.  42 U.S.C. 12182(b)(2)(A)(iv)-(v); 28 C.F.R. 36.304 – 36.306.
6. The United States reviewed information provided by L.A.Fitness and conducted a site visit of the Health Club on October 21, 2016. The United States used the ADA Standards for Accessible Design, including the 1991 Standards defined at 28 C.F.R. Part 36, Appendix D, and the 2010 Standards defined at 28 C.F.R. § 36.104 (defining the “2010 ADA Standards” as the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained in subpart D of 28 C.F.R. part 36), to identify violations of the ADA Standards; barriers to access; and required remedies, which were shared with L.A. Fitness.

REMEDIAL ACTIONS TO BE TAKEN BY L.A. FITNESS

1. Within three years of execution of this agreement, L.A. Fitness will make the following modifications to improve accessibility for individuals with disabilities at the Health Club: 
1. Fitness Equipment Area:
1. The locker combination locks require tight grasping and twisting of the wrist. At least 5% of the lockers must be accessible. The combination locks on the accessible lockers must be operable with one hand and without tight grasping, tight pinching, or twisting of the wrist in accordance with 2010 Standards §§ 225.2.1, 811.3, and 309.4; 
2. The undersides of the locker boxes are 34 ½” to 36” above the floor and protrude 8 1/2” into the circulation path, objects must not protrude into the circulation path by more than 4” if the underside is more than 27” but less than 80” above the floor in accordance with §§ 204.1 and §§ 307.2;
3. The underside of the defibrillator box is 45” above the floor and protrudes 7” into the circulation path, objects must not protrude into the circulation path by more than 4” if the underside is more than 27” but less than 80” above the floor in accordance with §§ 204.1 and §§ 307.2; 
4. The undersides of the paper towel dispensers that are on circulation paths must not protrude into the circulation path by more than 4” if the underside is more than 27” but less than 80” above the floor in accordance with §§ 204.1 and §§ 307.2;
5. The underside of the standard height drinking fountain near the weight room is 32 ½” high and protrudes 7 ½” into the circulation path, objects must not protrude into the circulation path by more than 4” if the underside is more than 27” above the floor in accordance with §§ 204.1 and §§ 307.2;
6. The undersides of the standard height drinking fountains along the main circulation path are about 32” high and protrude 18 ½” into the circulation path, objects must not protrude into the circulation path by more than 4” if the underside is more than 27” above the floor in accordance with §§ 204.1 and §§ 307.2;
7. The route to the side of several types of fitness equipment narrows to about 22” wide, at least one of each type of fitness equipment must be on an accessible route, accessible routes must be at least 36” wide. Accessible routes may narrow to 32” for a distance of no more than 24” in accordance with §§ 206.2.4, 236.1, and 403.5;
8. The route to one of the exercise bikes narrows to about 17” wide, at least one of each type of fitness equipment must be on an accessible route, the accessible route must be at least 36” wide and may narrow to 32” for a distance of no more than 24” in accordance with §§  206.2.4, 236.1, and 403.5.
2. Men’s Bathroom:
1. The route at the bathroom entrance from the pool has a cross slope that is 3.8% to 4.3% at the floor drain, accessible routes cannot have a cross slope that is more than 1:48 (2.08%) in accordance with §§ 206.2.4 and 403.3;
2. The underside of the paper towel dispenser is more than 27” above the floor and projects about 8” into the circulation path, objects must not protrude into the circulation path by more than 4” if the underside is more than 27” but less than 80” above the floor in accordance with §§ 204.1 and  §§ 307.2;
3. The sauna controls are 55 ½” above the floor. Operable parts must be within reach. Controls with an unobstructed side reach must be between 15” and  48” above the floor in accordance with §§ 205.1, 309.3, and 308.3.1;
4. Inside the sauna, the maneuvering space at the door is 26” deep, for a latch side approach to the pull side of the door, the maneuvering space must be at least 54” deep and must extend at least 24” from the latch in accordance with §§ 206.5.2 and §§ 404.2.4.1;
5. The roll-in shower controls are not on the back wall within reach of the shower seat, the controls including the shower head must be mounted on the back wall above the grab bar within 27” of the seat wall in accordance with §§ 213.2, 213.3.6 and §§ 608.5.2;
6. The clear floor space for the toilet seat cover dispenser is blocked by the toilet, the dispenser must be on an accessible route and must have a  level 30” by 48” clear floor space, and the dispenser outlet must be within an accessible reach range in accordance with §§ 205.1, 309, and 308;
7. The rear grab bar extends 9” to the wall side of the toilet. The rear grab bar must be at least 36” long and extend from the centerline of the toilet at least 12” on the wall side of the toilet and at least 24” on the other side of the toilet in accordance with §§ 213.2, 213.3.1, and  604.5.2;
8. The toilet centerline is 19 ¼” from the side wall, the centerline must be between 16” and 18” from the side wall in accordance with 2010 Standards §§ 213.2, 213.3.2, 604.2;
9. The far side of the toilet paper dispenser is 50” from the rear wall and the centerline of the dispenser is 11 ¼” in front of the toilet, the centerline of the toilet paper dispenser must be 7” to 9” in front of the toilet in accordance with §§ 213.2, 213.3.2, and 604.7.
3. Men’s Locker Room:
1. The bench in the locker room does not have back support, the bench must have back support or be affixed to the wall in accordance with §§ 222.1, 803.4, and 903.4;
2. The locker shelves are located 5¾” above the floor. At least 5% of the lockers must be accessible, the controls, hooks and shelves must be mounted between 15” and 48” above the floor for an unobstructed side reach in accordance with §§ 225.2.1, 811.3, and 308.3.1;
3. The clothes rod is 55 ¼” above the floor, and the shelf is 58” above the floor, an accessible clothes rod and shelf must be between 15” and 48” above the floor in accordance with 2010 Standards §§ 225.2.1, 811.3, and 308.3.1.  
4. Women’s Bathroom: 
1. The underside of the paper towel dispenser is more than 27” above the floor and projects about 8” into the circulation path, objects must not protrude into the circulation path by more than 4” if the underside is more than 27” but less than 80” above the floor in accordance with 2010 Standards §§ 204.1 and §§ 307.2;
2. The lavatory knee space is 7 ¼” deep at a height of 27”, knee space must extend at least 8” under the lavatory at a height of at least 27” in accordance with the 2010 Standards §§ 213.2, 213.3.4, 606.2, and 306.3.3;
3.  The sauna controls are 55 ½” above the floor. Operable parts must be within reach. Controls with an unobstructed side reach must be between 15” and 48” above the floor in accordance with 2010 Standards §§ 205.1, 309.3, and 308.3.1;
4. Inside the sauna, the maneuvering space at the door is 32 ½” deep, for a latch side approach to the pull side of the door, the maneuvering space must be at least 54” deep and must extend at least 24” from the latch in accordance with 2010 Standards §§ 206.5.2 and 404.2.4.1;
5. The roll-in shower controls are not located on the back wall within reach of the shower seat, the shower controls including the shower head must be mounted on the back wall above the grab bar within 27” of the seat wall, in accordance with 2010 Standards §§ 213.2, 213.3.6, and 608.5.2;
6. The designated accessible toilet stall door hardware requires tight grasping and twisting to operate. The hardware must be operable without tight grasping, tight pinching or twisting of the wrist in accordance with 2010 Standards §§ 213.2, 213.3.1,  604.8.1.2, 404.2.7, 309.4;
7. The far side of the toilet paper dispenser is 52 ½” from the rear wall and the centerline of the dispenser is 12” in front of the toilet. The centerline of the toilet paper dispenser must be 7” to 9” in front of the toilet in accordance with 2010 Standards §§ 213.2, 213.3.2, and 604.7.
5. Women’s Locker Room:
1. The bench in the locker room does not have back support, the bench must have back support or be affixed to the wall in accordance with 2010 Standards §§ 222.1, 803.4, and 903.4;
2. The locker shelves are located 5¾” above the floor. At least 5% of the lockers must be accessible, the controls, hooks and shelves must be mounted between 15” and 48” above the floor in accordance with the 2010 Standards §§ 225.2.1, 811.3, and 308.3.1;
3. The clothes hook is 64” above the floor, an accessible clothes hook must be between 15” and 48” above the floor in accordance with 2010 Standards §§ 225.2.1, 811.3, 308.3.1.
6. Unisex Bathroom:
1. Toilet paper dispenser needs to be provided in accordance with the 2010 ADA standards §§ 204.1 and §§ 307.2
2. The locker shelves are located 5¾” above the floor. At least 5% of the lockers must be accessible, the controls, hooks and shelves must be mounted between 15” and 48” above the floor in accordance with 2010 Standards §§ 225.2.1, 811.3, and 308.3.1;
3. No grab bars are provided in the roll-in shower. Where a seat is provided in a roll-in shower, the grab bars must extend the length of the sidewall without the seat. On the back wall, the grab bar must extend the full length of the wall to where the seat begins in accordance with 2010 Standards §§ 213.2, 213.3.6 and 608.5.2;
4. Drain in the route in the shower has a cross slope of 6.4%, accessible routes cannot have more than a 1:48 (2.08%) cross slope in accordance with 2010 Standards §§ 206.2.4 and 403.3;
5. The clear floor space for the toilet seat cover dispenser is blocked by the toilet, the dispenser must be on an accessible route, must have a  level 30” by 48” clear floor space, and the dispenser outlet must be within an accessible reach range in accordance with2010 Standards §§ 205, 309, and 308;
6. The toilet seat centerline is 19 ½” from the side wall, the centerline must be 16” – 18” from the side wall, 2010 Standards §§ 213.2, 213.3.2, and 604.2.
7. Pool Area:
1. The rinsing shower in the pool area does not have grab bars in accordance with 2010 Standards §§ 213.2, 213.3.6, and 608.3;
2. The fixed showerhead is about 70” above the floor, either a fixed showerhead mounted at 48” above the floor or a handheld shower unit must be provided. 2010 Standards §§ 213.2, 213.3.6, and 608.6;
3. The towel hook near the pool is 59 1/2 “ above the floor, the hook must be within 54” of the floor within reach, an unobstructed side reach is possible, 2010 ADA Standards §§ 225, 811.3, and 308;
4. The towel hook near the spa is 55 ¼” above the floor and must be between 15” to 48” above the floor for an unobstructed side reach, 2010 Standards §§ 225.2, 811.3, 308.3.1;
5. At the spa, the battery was not installed and the pool lift was covered during operational hours, The pool lift shall be capable of unassisted operation from both the deck and water levels, 2010 Standards §§ 242.4 and §§ 1009.2.7
6. The accessible route to the rescue poles has a cross slope of 3.9% and cannot have a cross slope that is more than 1:48 (2.08%), 2010 Standards §§ 206.2.4 and §§ 403.3.
8. Kids Klub:
1. The Purell dispenser is 56 ½” above the floor, operable parts must be within reach, an accessible dispenser must be located between 15” and 48” above the floor in accordance with 2010 Standards §§ 205.1, 309.3, and 308
2. The main space has angled walls that protrude 12” into the circulation path, objects may not protrude into the circulation path more than 4” if the underside is more than 27” but less than 80” above the floor, as per 2010 Standards §§ 204.1 and §§ 307.2
9. Kids Klub - Both Adult and Child Toilet Rooms:
1. A tactile sign is not located on the wall on the latch side of the door, a sign in raised characters and braille must be provided alongside the door at the latch side in accordance with 2010 Standards§§ 216.2, §§ 703.4.2
2. The baseline of the highest tactile characters on the signs is 61” above the floor. Tactile characters on signs shall be located between 48” and 60” above the floor. 2010 Standards §§ 216.2 and §§ 703.4.1
3. The maneuvering spaces at the doors have a slope of 7.5 % and cannot slope more than 1:48 (2.08%), 2010 Standards §§ 206.5.2 and §§ 404.2.4.4
4. In the Adult Toilet Room, the baby changing surface is 40 ½” above the floor and must be between 28” and 34”, 2010 ADA Standards §§ 226.1 and §§ 902.3
5. In the Adult Toilet Room, the baby changing table pull is 56” above the floor, the control must be located between 15” and 48” above the floor for a forward reach and toe space must extend 17” under the table, 2010 ADA Standards §§ 205 and §§ 309.3, 308
6. In the Adult Toilet Room, the far side of the toilet paper dispenser is 51” from the rear wall. The centerline of the dispenser is 11 ½” in front of the toilet, the centerline of the toilet paper dispenser must be 7” to 9” in front of the toilet, §§ 213.2 and §§ 604.7
7. In the Child’s Toilet Room, the centerline of the grab bars is 35 ½” above the floor, for children’s use, the grab bar must be horizontal and the top of the gripping surface of the grab bar must be located between 18” and 27” above the floor, 2010 ADA Standards §§ 213.2 and §§ 609.4
8. In the Child’s Toilet Room, the far side of the toilet paper dispenser is 51” from the rear wall, the centerline of the dispenser is 14” in front of the toilet the centerline of the toilet paper dispenser must be 7” to 9” in front of the toilet, 2010 ADA Standards §§ 213.2 and §§ 604.7.
2. Alterations
1. Any future alterations, as defined in 42 U.S.C. §12183 and 28 C.F.R. § 36.402(b), made to the Health Club facility and not described in this Agreement shall comply in all respects with the ADA, its implementing regulations, including the 2010 Standards.
2. If a future 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.

IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

1. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit for failure to comply with Title III of the ADA at the Health Club in Norwalk, CT; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement or Title III of the ADA as set out in Paragraph III (4) below.
2. The United States does not assert that this Agreement or the modifications contemplated herein will bring the Health Club into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States. Rather, the parties enter into this Agreement for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation. This Agreement is a compromise and it shall not be used or introduced into evidence in any other case or proceeding other than between the parties to this Agreement.
3. The United States may review compliance with this Agreement at any time. Upon reasonable advance notice to L.A. Fitness, it shall permit the United States and any person acting on its behalf unlimited access to the Health Club to review compliance with the ADA and this Agreement, provided that such access does not interfere with the comfort, privacy or safety of the guests at the Health Club, or unreasonably interfere with the management and operation of the Health Club.
4. If the United States believes that L.A. Fitness has violated this Agreement or any requirement thereof, it agrees to notify L.A. Fitness, in writing of the specific violation(s) alleged. L.A. Fitness shall have 90 days from its receipt of the notice to cure and/or respond in writing to the United States the alleged violation(s).
5. L.A. Fitness, shall provide certifications to the United States, every twelve months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that L.A. Fitness has agreed to correct have been so corrected. L.A. Fitness shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Health Club facility in Norwalk, CT, did not comply with the ADA or that individuals with disabilities at the facility were subject to discrimination on the basis of disability. The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
6. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

Brenda M. Green, Assistant U.S. Attorney
U.S. Attorney’s Office
1000 Lafayette Boulevard
Bridgeport, CT 06604
Email: Brenda.Green@usdoj.gov

7. All notices, demands, reports or other communication to be provided to L.
8. A. Fitness pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

Fitness International, LLC
3161 Michelson Drive, #600
Irvine, CA 92612-6536
Email: RobertW@fitnessintl.com and RobertB@fitnessintl.com

9. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person.
10. Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement.
11. 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, shall be enforceable. This Agreement is limited to the facts set forth herein regarding DJ# 202-14-164 and it does not purport to remedy any other potential violations of the ADA, or any other Federal law. This Agreement does not affect the continuing responsibility of the L.A. Fitness to comply with all aspects of the ADA.
12. 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 and L.A. Fitness 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.
13. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
14. In the event L.A. Fitness seeks to transfer or assign all or part of its interest or assign a lease, as a condition of sale, lease or assignment, regarding the Health Club, L.A. Fitness shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of the Agreement.
15. The Effective Date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for three years from the Effective Date.