SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
LEGACY TOURS, LLC
DJ 202-48-349

I. BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Legacy Tours, LLC.
   
2. This matter was initiated by DJ No. 202-48-239, a complaint filed with the United States Department of Justice against Legacy Tours alleging disability discrimination.
   
3. The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in litigation. The parties have therefore voluntarily entered into this Agreement, as follows:

II. THE PARTIES

4. The United States is responsible for enforcing Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulations implementing Title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
   
5. Legacy Tours is a New Jersey Limited Liability Corporation with its principal place of business in Clifton, New Jersey.

III. TITLE III COVERAGE AND DETERMINATIONS

6. Legacy Tours is an over-the-road bus (“OTRB”) operator within the meaning of 42 U.S.C. § 12181(5) and 49 C.F.R. § 37.3. Legacy Tours operates primarily as a demand-responsive charter bus service, but operates weekly excursions to local casinos on a fixed schedule. Therefore, it operates as both a small, demand-responsive operator and a small, fixed route-operator within the meaning of 42 U.S.C. § 12181(4) and 49 C.F.R. § 37.3.
   
7. All OTRBs operated by Legacy Tours were manufactured between 1995 and 1998, and all were acquired secondhand. None of the OTRBs operated by legacy tours are currently equipped to be accessible to individuals with wheelchairs, and none of them can be so made.
   
8. A small fixed-route operator whose fleet is not 100 percent composed of accessible OTRBs must nevertheless ensure that an individual with a disability (including an individual who uses a wheelchair) that requests service in an accessible OTRB receives such a service. 49 C.F.R. § 37.193. However, a small fixed-route operator may require up to 48 hours’ advance notice to provide such a service. 49 C.F.R. § 37.193(a)(1)(i).
   
9. A small demand-responsive operator must ensure that any individual with a disability who requests service in an accessible OTRB receives such a service. 49 C.F.R. § 37.189. A small demand-responsive operator may require up to 48 hours’ advance notice to provide such a service. 49 C.F.R. § 37.189(c). If the individual with a disability does not provide the advance notice, a small-demand responsive operator shall nevertheless provide the service if it can do so by making a reasonable effort. 49 C.F.R. § 37.189(d). To meet this requirement, an operator is not required to fundamentally alter its normal reservation policies or to displace another passenger who has reserved a seat on the bus. 49 C.F.R. § 37.189(e).
   
10. Any entity which operates either a fixed route or demand responsive system must ensure that employees and other personnel are trained to, among other things, properly assist and treat individuals with disabilities who use the service in a respectful and courteous way. 49 C.F.R § 37.173.
    
11. Legacy Tours has received at least two requests for wheelchair-accessible service since 2014, although no documentation relating to those requests was preserved. In both instances, Legacy Tours reported that the individual was referred to another company that operates accessible OTRBs. Legacy Tours reported that it was its practice to refer those who request accessible transportation to a company with accessible OTRBs.
    
12. Legacy Tours does not provide service to individuals with disabilities in either their fixed-route or demand-responsive operations. Specifically, Legacy Tours does not have any system in place to provide accessible OTRB service to individuals with disabilities who use wheelchairs, and when such requests have been made at least 48 hours in advance, Legacy Tours has not made any attempts to ensure that individuals with disabilities receive service.  49 C.F.R. §§ 37.189 and 37.193. Legacy Tours’ current practice of referring individuals who request accessible OTRB service to a different company does not satisfy its obligations under the ADA.
    
13. Legacy Tours has not provided adequate training to personnel, agents and representatives so that they can properly assist and treat individuals with disabilities in a respectful and courteous way. 49 C.F.R § 37.173. Legacy Tours personnel, and Legacy Tours itself, have stated that they were unaware of their obligations under the ADA.

IV. ACTIONS TO BE TAKEN BY LEGACY TOURS

14. Legacy Tours will not exclude persons from disabilities from participation in, or deny them benefits of, transportation services in violation of Title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38. Legacy Tours will comply with all of its obligations under Title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
    
15. Within 90 days of the effective date of this Agreement, Legacy Tours will:
    
1. enter into a contract or agreement with a third-party entity to provide accessible OTRB service upon request from an individual with a disability requiring accessible OTRB service on Legacy Tours’ fixed-route and demand-responsive operations, or;
2. otherwise make arrangements (for example, purchasing accessible OTRBs) to satisfy Legacy Tours’ obligations under the ADA and its implementing regulation, 49 C.F.R. §§ 37.105, 37.193, and 37.189.
   
16. Within seven days of Legacy Tours’ implementation of a system for providing accessible service as outlined above, Legacy Tours will post conspicuously on its internet home page, social media pages, and any advertising or promotional materials a statement that Legacy Tours will accommodate individuals with disabilities. If Legacy Tours decides to require advanced notice for the provision of accessible services, Legacy Tours will include a statement to that effect.
    
17. Within 90 days of the effective date of this Agreement, Legacy Tours will provide training to all scheduling and reservation agents, as well as any other employees who interface with the public, on the ADA; their obligations under the ADA; and Legacy Tours’ procedures for providing accessible OTRB services.
    
18. Within 90 days of the effective date of this Agreement, Legacy Tours will provide to counsel for the United States:
    
1. copies of the agreement or contract that Legacy Tours has entered into to provide accessible OTRB service through a third party, or;
   
2. a description of the alternative arrangements made by Legacy Tours to fulfill its obligations under the ADA, along with documentation relating to those arrangements; and
   
3. copies of any materials used by Legacy Tours to train personnel on their ADA obligations and procedures for providing accessible OTRB service, as well as a list containing the names and positions of all individuals who received this training.

V. IMPLEMENTATION

19. In consideration for entering this Agreement, the United States will refrain from undertaking further action relating to this investigation or from filing a civil action based on the allegations set forth above, except as provided in paragraph 20 below.
    
20. The United States may review compliance with this Agreement or Title III of the ADA at any time. If the United States believes that this Agreement or any portion of it has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce this Agreement or Title III of the ADA.
    
21. Failure by the United States to enforce any provisions in this Agreement shall not be construed as a waiver of the United States’ right to do so with regard to other provisions of this Agreement.
    
22. This Agreement is binding on Legacy Tours, including all principals, officers and owners, successors in interest, and assigns. In the event that Legacy Tours seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, Legacy Tours will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.
    
23. The signatory for Legacy Tours represents that he or she is authorized to bind Legacy Tours to this Agreement.
    
24. This Agreement is the entire agreement between the United States and Legacy Tours on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, is enforceable. This Agreement can be modified only by mutual written agreement of the parties.
    
25. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement relieves Legacy Tours of its obligation to otherwise comply with the requirements of the ADA.

VI. EFFECTIVE DATE AND TERM OF AGREEMENT

26. The effective date of this Agreement is the date of the last signature below.
27. The term of this Agreement shall be two years.