SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

THE MOUNT VERNON LADIES' ASSOCIATION OF THE UNION

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ No. 202-79-175

Press Release | Fact Sheet

A. BACKGROUND

1. The parties to this Settlement Agreement are the United States and the Mount Vernon Ladies´ Association of the Union.
2. This Agreement resolves a compliance review under the Americans with Disabilities Act, 42 U.S.C. § 12181-12189, (the "ADA"), by the United States of certain structures and grounds of Mount Vernon Estate & Gardens, including the Mount Vernon Mansion, the Mount Vernon Inn and Shops, the Donald W. Reynolds Museum and Education Center, the Ford Orientation Center structures and grounds, and the public walks connecting the various structures (collectively "Mount Vernon").
3. On April 4, 2009, the United States notified The Mount Vernon Ladies Association of the Union ("MVLA") of its findings.  The MVLA has fully cooperated with the compliance review and continues to be committed to bringing its structures and facilities into compliance with the ADA.  To that end the MVLA has remedied almost all of the alleged violations identified by the United States.

B. JURISDICTION

4. The MVLA is a private entity and owns the Mount Vernon Estate & Gardens.
5. Mount Vernon´s operations include restaurants, auditoriums, and a museum shop and affect commerce.  Accordingly, Mount Vernon is a place of public accommodation covered by Title III of the ADA. 42 U.S.C. § 12181(7) (B), (D), (E), (H); 28 C.F.R. § 36.104.  The MVLA, as owner of Mount Vernon, is thus, a public accommodation subject to the requirements of Title III of the ADA its implementing regulations including 42 U.S.C. § 12182 - 12183, 28 C.F.R § 36.101 - 36.504, and 28 C.F.R. Part 36, Appendix A (i.e., the ADA Standards for Accessible Design ["Standards"]).
6. Under the ADA, places of public accommodations must:  Ensure that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of its goods, services, and facilities;Provide full and equal enjoyment of the "goods, services, facilities, privileges, advantages, or accommodations" in the most integrated setting appropriate to individuals with disabilities;Modify policies, practices, and procedures in order to afford access to services, programs, and facilities to individuals with disabilities, unless making such modifications would fundamentally alter the nature of such services, programs, and facilities;  Remove architectural barriers in its existing facilities where such removal is readily achievable;Ensure that all newly constructed or altered buildings, exhibits, and facilities are readily accessible to, and usable by, individuals with disabilities as required by the ADA regulations, and ensure that contents of its public programs, exhibits, and other offerings are accessible and effectively communicated to individuals with disabilities making, where necessary, appropriate auxiliary aids and services available to ensure effective communication to individuals who are deaf or hard of hearing or who are blind or have low vision, unless taking such steps would fundamentally alter the nature of the content of public programs and offerings, or result in an undue burden.  42 U.S.C. § 12182 - 12183; 28 C.F.R. § 36.203, 36.302, 36.303, 36.304, and 28 C.F.R. Part 36, Appendix A (i.e., the Standards).
7. The ADA requires the Attorney General to conduct periodic compliance reviews of public accommodations. 42 U.S.C. § 12188(b) (1) (A) (i); 28 C.F.R. § 36.502(c).     
8. The Attorney General is further authorized to commence a civil action in a United States district court if he is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance and to seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C. § 12188(b) (1) (B) and 12188(b) (2); 28 C.F.R. § 36.503(a) and (b).
   

C. FINDINGS BY THE UNITED STATES

9. The United States Department of Justice conducted a compliance review of the following: the Mansion, the Mount Vernon Inn and Shops, the Donald W. Reynolds Museum and Education Center, the Ford Orientation Center, and the public walks and accessible routes connecting these structures.
10. The Mansion and the Mount Vernon Inn and Shops are considered existing facilities and are subject to the barrier removal requirements of the ADA, and in certain areas, subject to the alterations requirements of the ADA.  As such, any necessary changes are not required to exceed the alterations provisions of the Standards. 28 C.F.R. § 36.304; Standards 4.1.6.  The newly constructed Donald W. Reynolds Museum and Education Center, the Ford Orientation Center structures, their grounds, and the connecting public walks must comply with the new construction requirements of the ADA. 42 U.S.C. § 12183(a) (1), 28 C.F.R. § 36.401- 406; Standards 4.1.2; 4.1.3.  In addition, the contents of the MVLA´s public programs, exhibits, and other offerings are required to be accessible and effectively communicated to individuals with disabilities by making appropriate auxiliary aids and services available, where necessary, to ensure effective communication to individuals who are deaf or hard of hearing or who are blind or have low vision. 42 U.S.C. § 12182(b) (2) (A) (iii); 28 C.F.R § 36.303.
11. Based on its compliance review the United States made a series of findings. See Appendix 1.
12. As noted in Paragraph 3 above, without admitting any allegation of a violation of the ADA, Mount Vernon has remedied many of the alleged violations of the ADA.

D. TERMS OF AGREEMENT

13. In order to avoid potential litigation, the parties agree to the terms of this Settlement Agreement.  These terms are intended to redress the alleged violations of the ADA identified by the United States in Appendix 1.
14. In consideration of the terms of this Agreement, and promises by the MVLA, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters addressed by this Agreement except as provided in Section F.
15. The MVLA shall ensure that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of Mount Vernon´s goods, services, and facilities in compliance with 42 U.S.C. § 12182(a), 28 C.F.R § 36.401-406.
16. The MVLA shall provide full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations in an integrated setting to individuals with disabilities in compliance with 42 U.S.C. § 12182(b) (1) (B), 28 C.F.R. § 36.203.
17. The MVLA shall make reasonable modifications in its policies, practices or procedures where necessary to afford access to its goods, services, programs, and facilities to individuals with disabilities, unless making such modifications would fundamentally alter the nature of such services, programs and facilities in compliance with 42 U.S.C. § 12182(a) and (b) (2) (A) (ii), 28 C.F.R § 36.302.
18. The MVLA shall ensure that there are no architectural barriers in its existing facilities and exhibitions where such removal is readily achievable. 42 U.S.C. § 12182(b) (2) (A) (iv), 28 C.F.R § 36.304.
19. The MVLA shall ensure that all newly constructed or altered buildings, facilities, and exhibits, are readily accessible to, and usable by, individuals with disabilities in compliance with 42 U.S.C. § 12183(a), 28 C.F.R. Part 36, Appendix A (i.e., the Standards).
20. The MVLA shall maintain in operable working condition those features of facilities, including exhibitions and equipment, that are required to be accessible by this Agreement and under the ADA. 42 U.S.C. § 12183(a), 28 C.F.R § 36.211
21. The MVLA shall provide auxiliary aids and services to ensure that the content of its exhibitions, public programs, and other offerings is accessible and effectively communicated to individuals who are deaf or hard of hearing or who are blind or have low vision in compliance with 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.
22. The MVLA shall maintain and update its auxiliary aids and services and the content of accessible programs, printed material, alternate formats, and other offerings, to ensure that its public programs and other offerings are accessible and effectively communicated to individuals with disabilities 42 U.S.C. § 12182(b) (2) (A) (iii), 28 C.F.R § 36.303.

E. SPECIFIC REMEDIAL MEASURES

23. The remedial measures in this Agreement do not threaten or destroy the historic significance of any structure or facility identified in the Agreement. See 28 C.F.R. § 36.405(b).  Without admitting any allegation of a violation of the ADA, the MVLA has completed or will complete the remedial measures listed in Appendix 1 within twelve (12) to thirty six months (36) of the effective date of this Agreement.
24. Within 60 days of the effective date of this Agreement, as defined in Paragraph 37, the MVLA shall designate or hire an ADA Compliance Officer and shall identify this individual to the United States. The MVLA will ensure that the ADA Compliance Officer is trained on the requirements of the ADA as it applies to MVLA´s obligations under the ADA.  The ADA Compliance Officer shall be responsible for handling disability-related complaints from the visitors to Mount Vernon and for ensuring the MVLA´s compliance with the ADA.
25. Within 120 days of the effective date of this Agreement, the MVLA shall train all first line supervisors and managers on the requirements of the ADA as it applies to the MVLA´s obligations under the ADA.  The MVLA shall ensure that all newly hired supervisors and managers receive this training within thirty days of hire.
26. The MVLA shall provide a report annually to the Department, on the anniversary of the effective date of this Agreement, describing its progress on the completion of its responsibilities under Section E of this Agreement. The report shall identify and document (e.g., with copies of construction contracts, photographs and/or design drawings) the corrections that have been made, any employee training that has occurred (by date and the content of the training) and provide copies of any ADA-related policies that the MVLA has adopted.

F. IMPLEMENTATION AND ENFORCEMENT

27. The United States shall have the right, during the effective dates of this Agreement and with reasonable prior notice to the MVLA, to conduct inspections of Mount Vernon and to request documents or photographs in order to evaluate compliance with this Agreement.  The United States shall make every effort to conduct its inspections at times that are agreeable to the MVLA so that there is minimal disruption to its operations resulting from such inspections.
28. If the United States believes that the MVLA is not in compliance with any term of this Agreement, the United States agrees to notify the MVLA in writing of the alleged noncompliance and attempt to seek a resolution of the matter. If the parties are unable to reach a resolution within thirty days of the date of the written notification, the United States may seek enforcement of the terms of this Agreement in any United States District Court for the Eastern District of Virginia.  Alternatively, should the parties be unable to reach a resolution within sixty days of the date of the United States´ written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulation.
29. Nothing in this Agreement waives the right of the United States to bring a civil action to enforce this Agreement or any its provisions.
30. The United States´ failure to enforce this entire Agreement or any provision with regard to any deadline or any other provision contained in this Agreement shall not be construed as a waiver by the United States of any right to do so.
31. This Agreement shall be binding upon the MVLA and its agents and employees and any successors or assigns.  In the event the MVLA seeks to transfer or assign all or part of its interests in any structure or facility covered by this agreement, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale, the MVLA shall obtain the written accession of the successor or assign to any obligations remaining under this agreement for the remaining term of this Agreement.
32. All notices, demands, or other communications to be provided under this Agreement shall be in writing and delivered by fax or overnight delivery 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 Mount Vernon Ladies´ Association of the Union:

1. James C. Rees
   President & CEO
   Mount Vernon Ladies' Association
   3200 Mount Vernon Memorial Highway
   Mount Vernon, Virginia22121
   
   With a copy to:
   
   David Gogal
   Blankingship & Keith, P.C.
   4200 University Drive
   Fairfax, VA22030
2. For the United States:
   John L. Wodatch, Chief
   Disability Rights Section
   U.S. Department of Justice
   950 Pennsylvania Avenue, NW
   Washington, D.C. 20530
   Attn:Eugenia Esch  
33. A signatory to this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.
34. This Agreement constitutes the entire Agreement between the parties relating to the compliance review referred to in Paragraph 1 above, and Department of Justice matter number 202-79-175, and no other statement, promise or agreement, either written or oral, made by any party or agents or any party that is not contained in this written Agreement, including its attachments, shall be enforceable.  This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law.  This Agreement does not affect the MVLA´s continuing responsibility to comply with all aspects of the ADA.
35. 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 the MVLA 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.
36. A copy of this document or any information contained in it will be made available to any person by the United States or MVLA on request.
37. The effective date of this Agreement is the date of the last signature below.  The Agreement shall remain in effect five years from the effective date of the agreement.