SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
LONE STAR STEAKHOUSE & SALOON
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ# 202-27-46

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 Lone Star Steakhouse & Saloon, (“Lone Star”), in Cedar Rapids, Iowa.  DJ# 202-27-46 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. Lone Star operates a place of public accommodation within the meaning of 42 U.S.C.     § 12181(7)(B).  Lone Star 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. Lone Star agrees to correct violations of the ADA Standards indicated below and to remove barriers to the existing spaces where doing so is readily achievable.  Lone Star 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 Lone Star’s accommodations.  In light of this Agreement, the parties have determined that DJ# 202-27-46 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. Ramp to Front Entrance: The ramp lacks edge protection and handrails.  Section 405.1 requires that ramps shall have:
1. Edge protection:  A curb or barrier that prevents the passage of a 4‑inch diameter sphere where any portion of the sphere is within 4 inches of the finish floor or ground surface.  See the Standards §§ 405.9, 405.9.2.
   
2. Handrails (§405.8) which shall:
1. be on both sides of ramps with rises greater than 6 inches.
   See the Standards §505.2;
2. be continuous along the full length of the ramp run §505.3;
3. be mounted at a consistent height between 34 inches and 38 inches above the ramp surface.  See the Standards §505.4;
4. have a clearance between the gripping surface and adjacent surfaces of  at least 1-½ inches.  See the Standards §505.5;
5. have gripping surfaces which are continuous and unobstructed along their tops or sides.  See the Standards §505.6;
6. have an outside diameter between 1¼ and 2 inches §505.7.1;
7. have gripping surfaces which are free of sharp or abrasive elements and have rounded edges.  See the Standards §505.8;
8. not rotate within their fittings.  See the Standards §505.9; and
9. have a continuous gripping surface extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  See the Standards §505.10.
2. Dining Areas – free standing tables and booths: 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. Dining Areas – bars: The bar exceeds the maximum allowable height and does not provide the required knee and toe clearance.  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.
4. Men’s Toilet Room with Stalls:
   
   1. The permanent room sign lacks the required International Symbol of Accessibility.  See the Standards § 216.8;
   2. The lavatory water supply and drain pipes are not insulated or otherwise configured to protect against contact. See the Standards §606.5; and
   3. The toilet compartment is not configured for a diagonal approach to the water closet.  Section 213.1 requires that the toilet compartment:
   1. door opening shall be 4 inches maximum from the side partition farthest from the water closet.  See the Standards § 604.8.1.2; and
   2. shall be arranged for left-hand or right-hand approach to the water closet.  See the Standards § 604.8.1.3
5. Women’s Toilet Room with Stalls:
   
1. The permanent room sign lacks the required International Symbol of Accessibility.  See the Standards § 216.8;
2. The lavatory water supply and drain pipes are not insulated or otherwise configured to protect against contact.  See the Standards § 606.5;
3. The toilet compartment is not configured for a diagonal approach to the water closet.  See the Standards § 213.1 requires that the toilet compartment:
   1. door opening shall be 4 inches maximum from the side partition farthest from the water closet.  See the Standards § 604.8.1.2;
   2. shall be arranged for left-hand or right-hand approach to the water closet. See the Standards § 604.8.1.3.
4. The coat hook is mounted higher than the allowable reach range.
   See the Standards §§ 308.2.1, 308.3.1.
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, Lone Star will submit written reports to the United States summarizing the actions 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 Lone Star of possible violations and a period of 30 days in which Lone Star has the opportunity to cure the alleged violations.
8. If the United States demonstrates in a civil proceeding to enforce this agreement that Lone Star 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 Lone Star 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 Lone Star and its successors in interest.  Lone Star 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 Lone Star 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 Lone Star’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 Lone Star represents that he/she is authorized to bind Lone Star to this Agreement.

AGREED AND CONSENTED TO: