SSETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
MONTEREY AIRBUS, INC.
DJ# 202-11-363

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Monterey Airbus, Inc.
2. This matter was initiated by a complaint filed with the U.S. Department of Justice against Monterey Airbus, headquartered in Monterey, California.  The complaint alleged that the complainant, who uses a wheelchair, attempted to make a reservation with Monterey Airbus for airport shuttle service, but was informed by a Monterey Airbus employee that the company did not provide accessible service.  The U.S. Department of Justice conducted this investigation under the authority granted by title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12188.
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:

TITLE III COVERAGE AND DETERMINATIONS 

4. The Attorney General is responsible for enforcing title III of the ADA, 42 U.S.C. §§ 12181-89, and the relevant regulations implementing title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
5. Monterey Airbus is a private transportation company with its principal place of business at 5 Justin Court, Monterey, California, 93940.  Monterey Airbus is incorporated in the State of California.
6. Monterey Airbus currently provides scheduled airport shuttle service from the Monterey area to San Jose International Airport and San Francisco International Airport, transporting approximately 70,000-80,000 people on an annual basis.  Customers request rides by making a reservation either on the Monterey Airbus website (www.Monterey Airbus.com) or by calling the company’s reservation line.  A Monterey Airbus vehicle stops at pre-determined locations if customers have reserved a ride.  Monterey Airbus customers may make a reservation on-line between six months in advance and up to four hours prior to the vehicle arriving.  Customers making reservations within four hours of a trip by do so by phone.  Most reservations, however, are made more than three days in advance.  In addition, Monterey Airbus operates an “on-demand” service, which allows customers to request a pick-up and/or drop off at specific locations that are not on the Monterey Airbus fixed route.  Monterey Airbus uses the same vehicles for its fixed route and on-demand services.
7. Monterey Airbus is a private operator of a fixed route and on-demand transportation service that is primarily engaged in the business of transporting people and whose operations affect commerce within the meaning of 42 U.S.C. §§ 12181 and 12184 and 49 C.F.R. §§ 37.3 and 37.5(f).
8. Since 2005, Monterey Airbus has purchased or leased at least five new 13-passenger vehicles and five new 24-passenger vehicles, for use in its fixed route services.  None of these vehicles are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.  Between 2009 and 2015, Monterey Airbus also purchased 11 used vehicles that transport between 16 and 28 passengers.  None of the used vehicles acquired by Monterey Airbus are readily accessible to and usable by individuals with disabilities.  In 2017, Monterey Airbus purchased one used five-passenger van that Monterey Airbus alleges is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.  These 22 vehicles make up Monterey Airbus’s entire active fleet.
9. When a private entity that is primarily engaged in the business of transporting people, and that operates a fixed route transportation services, purchases or leases a new vehicle (other than an automobile, a van with a seating capacity of less than eight passengers, including the driver, or an over-the-road bus), that vehicle must be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.  42 U.S.C. § 12184(b)(3) and 49 C.F.R. § 37.103(b).    

ACTIONS TO BE TAKEN BY MONTEREY AIRBUS

10. Monterey Airbus agrees that it will not discriminate against any individual in the full and equal enjoyment of its transportation services, privileges, advantages, or accommodations, within the meaning 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.
11. Within 90 days of the effective date of this Agreement, Monterey Airbus agrees that it will retrofit or acquire one additional vehicle for its current and future fixed route service that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, whether operated by Monterey Airbus, a vendor of Monterey Airbus, or under contract by Monterey Airbus or a vendor of Monterey Airbus for another entity.  In addition, Monterey Airbus agrees that the next three vehicles it purchases or retrofits will be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, whether operated by Monterey Airbus, a vendor of Monterey Airbus, or under contract by Monterey Airbus or a vendor of Monterey Airbus for another entity.  A vehicle is accessible if it complies with the vehicle standards at 49 C.F.R. Part 38.  Monterey Airbus agrees it will complete the purchase or retrofit of the four vehicles contemplated within this paragraph, and thus maintain at least five accessible vehicles within its fleet, within 24 months of the effective date of this agreement.
12. Within 90 days of the effective date of this Agreement, Monterey Airbus will revise its practice and policy for the manner in which customers must make a reservation in advance of a trip with Monterey Airbus.  Monterey Airbus will modify its practice such that all customers, regardless of whether they are seeking accessible transportation or not, can make a reservation either on-line or by telephone. 
13. Within 90 days of the effective date of this Agreement, Monterey Airbus will advertise that all of its transportation services are accessible, which for purposes of this agreement, means:
1. Removing any language on Monterey Airbus’s website or other public-facing social media stating that that it cannot or does not provide service to all passengers with disabilities.
2. Monterey Airbus will (i) add one item to the informational bulletpoints on the homepage of its website at www.montereyairbus.com that reads “Wheelchair Accessible,” which will remain as part of Monterey Airbus’s marketing at least for the term of this agreement;  and (ii) include a post on the www.Monterey Airbus.com home page, that reads:  “Monterey Airbus now provides wheelchair accessible transportation, following an Agreement with the United States Department of Justice.” This post will include a link, provided by the United States, to the posted Settlement Agreement and will remain on the Monterey Airbus homepage for 60 days.
3. A post on the Monterey Airbus Facebook account (currently www.facebook.com/Monterey Airbus), on the first business day of each month for the two months after the effective date of this agreement, at a time between 9 am and 5 pm, that reads: “We have entered into an Agreement with the Department of Justice through the U.S. Attorney’s Office in the Northern District of California, under the Americans with Disabilities Act.  We are wheelchair accessible.  Please come ride with us.”  This text will accompany a link, provided by the United States, to the posted Settlement Agreement.  These postings will not be deleted for the duration of this Agreement.
4. Conducting outreach to disability rights and independent living advocacy organizations in the Monterey area four times during the duration of this Agreement.  Such outreach will be in coordination with Department of Justice representatives.
14. Within 90 days of the effective date of this Agreement, and every year thereafter for the duration of this Agreement, Monterey Airbus will train all its employees and its vendors’ employees (including reservationists, engineers, developers, dispatchers, mechanics, and vehicle operators) on the ADA requirements for private entities operating a transportation system.  Monterey Airbus will also provide the same training and notification to its employees and its vendors’ employees within 30 days of hire.
15. Within 60 days of the effective date of this Agreement, Monterey Airbus will designate a responsible employee in charge of compliance with the ADA and this Agreement, as required by 49 C.F.R. § 37.17(a).  Within 60 days of their designation, that individual will adopt and implement a complaint procedure consistent with 49 C.F.R. § 37.17(b).  Complaint data will be provided to the United States upon request.
16. Monterey Airbus will notify the United States in writing when it has completed the actions described in paragraphs 11–15.  Notification of Monterey Airbus’s completion of the training described in paragraph 14 will be provided to the United States on an annual basis within 30 days of the training.

IMPLEMENTATION

17. In consideration for entering this Agreement, the United States will refrain from undertaking further enforcement action relating to this investigation or from filing a civil action alleging discrimination based on the allegations set forth above.  However, the United States may review Monterey Airbus’s compliance with this Agreement or title III of the ADA at any time.  If the United States believes that any portion of this Agreement or title III of the ADA has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce title III of the ADA, following written notice to Monterey Airbus of the alleged violation and a period of 21 days in which Monterey Airbus has the opportunity to cure the alleged violation.
18. Failure by the United States to enforce any provisions in this Agreement is not a waiver of its right to enforce other provisions of this Agreement.
19. If any term 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 Monterey Airbus shall engage in good faith negotiations in order to adopt 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.
20. This Agreement is binding on Monterey Airbus, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assigns. In the event that Monterey Airbus 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, Monterey Airbus 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.
21. The signatory for Monterey Airbus represents that he or she is authorized to bind Monterey Airbus to this Agreement.
22. This Agreement is the entire agreement between the United States and Monterey Airbus 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 only be modified by mutual written agreement of the parties.
23. 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 Monterey Airbus of its obligation to otherwise comply with the requirements of the ADA.
24. All documents and communications required to be sent to the United States under the terms of this Agreement shall be sent to the following individual by overnight courier, certified mail, or, where practicable, by e-mail:

    Rebecca Falk
    Assistant U.S. Attorney
    Civil Division
    United States Attorney’s Office
    450 Golden Gate Avenue, 11th Floor
    San Francisco, California 94102
    Rebecca.Falk@usdoj.gov

EFFECTIVE DATE/TERMINATION DATE

25. The effective date of this Agreement is the date of the last signature below.
26. The duration of this Agreement will be two years from the effective date.