SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
NEW HAVEN CENTER FOR PERFORMING ARTS, INC.
DJ # 202-14-201

The parties to this agreement ("Agreement") are the United States of America and New Haven Center for Performing Arts, Inc., ("NHCPA"). The parties hereby agree as follows:

1. BACKGROUND AND JURISDICTION
1. NHCPA is the owner/operator of College Street Music Hall (the “Music Hall”) located at 238 College Street, New Haven, Connecticut.
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 Music Hall 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 Music Hall.
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 “[n]o 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 Music Hall is a place of public accommodation within the meaning of Title III because it is “an auditorium, convention center, lecture hall or other place of public gathering.” 42 U.S.C. § 12181(7)(B). NHCPA, as the owner and operator of the Music Hall, is a public accommodation subject to the requirements of Title III of the ADA. 28 C.F.R. § 36.104.
5. The Music Hall is an existing facility originally constructed prior to the effective date of the ADA. Alterations to the theater auditorium and toilet rooms were made after March 15, 2012. Because the Music Hall 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).
6. The United States reviewed information provided by NHCPA, and conducted a site visit of the Music Hall on August 17, 2017. 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 ADA violations, which were shared with NHCPA.
2. REMEDIAL ACTIONS TO BE TAKEN BY NHCPA
1. NHCPA will make the following modifications to improve accessibility for individuals with disabilities at the Music Hall:
1. Entrances and Exits
1. Entrance:
1. The slope of the route from the sidewalk to the entrance doors is 1:15 (6.5%), and the slope of the vestibule walking surface is 1:12.6 (7.9%). The running slope of walking surfaces shall not be steeper than 1:20, or NHCPA shall install a handrail on the opposite side wall from the box office wall side and an automatic door opener for at least one of the exterior doors. See the 2010 Standards §§ 206.4.1, 206.2.1, 403.3, 404.3, 405.8, 505.1.
2. The maneuvering clearance is not level on the pull and push sides of the entrance and vestibule doors. Maneuvering clearances shall have slopes not steeper than 1:48, or NHCPA shall install a handrail on the will call wall side and an automatic door opener for at least one of the exterior doors. In addition, at least one vestibule door must remain open the entire time the Music Hall is in use. See the 2010 Standards §§ 206.4.1, 206.5.1, 404.2.4.4, Exception 1,404.3, 405.8, 505.1.
3. The force to open the vestibule doors is 10 pounds. The force for pushing or pulling open an interior door other than a fire door shall be 5 pounds maximum, or at least one vestibule door must remain open the entire time the Music Hall is in use. See the 2010 Standards §§ 206.4.1, 206.5.1, 404.2.9.
2. Exit Doors (typical):
   1. Doors at exit passageways, exit discharge and exit stairways shall be identified by a tactile sign in raised characters and Braille. See the 2010 Standards §§ 216.4.1, 703.1, 703.2, 703.5.
3. Service Counters:
   1. The clear floor space at the box office window has a slope of 1:15 (6.5%). The clear floor space at the will call window has a slope of 1:12.6 (7.9%). Clear floor spaces shall have slopes not steeper than 1:48, or NHCPA shall install (a) a handrail along the wall leading to and from the will call window, and (b) install a sign compliant with the 2010 Standards providing that assistance is available upon request. See the 2010 Standards §§ 227.3, 904.4.1, 305.2, 405.8, 505.1, 216.3, 703.5.
2. Lobby
   1. Lobby:
      1. The slope of the route from the entrance to the theater auditorium is 1:11.76 (8.5%). The running slope of walking surfaces shall not be steeper than 1:20, or NHCPA shall install handrails on the route from the entrance to the theater auditorium where the floor slope exceeds 1:20. See the 2010 Standards §§ 206.2.4, 402.2, 403.3, 405.8, 505.1.
   2. Service Counters:
      1. The clear floor space at the coat check counter has a slope of 1:11.76 (8.5%). Clear floor spaces shall have slopes not steeper than 1:48, or NHCPA shall install a handrail on the coat check wall side and a sign compliant with the 2010 Standards providing that assistance is available upon request. See the 2010 Standards §§ 227.3, 904.4.1, 305.2, 405.8, 505.1, 216.3, 703.5.
      2. The coat check counter is approximately 41 to 45 inches high. A portion of the counter surface that is 36 inches long minimum and 36 inches high maximum above the finish floor shall be provided, or NHCPA shall install a sign compliant with the 2010 Standards in providing that assistance is available upon request. See the 2010 Standards §§ 227.3, 904.4.1, 216.3, 703.5.
      3. The concession counter is 37½ inches high. A portion of the counter surface that is 36 inches long minimum and 36 inches high maximum above the finish floor shall be provided, or NHCPA shall install a sign compliant with the 2010 Standards providing that assistance is available upon request. See the 2010 Standards §§ 227.3, 904.4.1, 216.3, 703.5.
3. Men's Toilet Room:
   1. The leading edge of the hand dryer is 36 inches above the finish floor, and it protrudes 6 inches into the circulation path. Objects with leading edges more than 27 inches and not more than 80 inches above the finish floor shall protrude 4 inches maximum horizontally into the circulation path. See the 2010 Standards §§ 204.1, 307.2.
   2. The maneuvering clearance is 49 inches perpendicular to the door measured between the face of the lavatory and face of the door. The maneuvering clearance perpendicular to the door shall be 54 inches minimum for a latch side pull approach, when the door is equipped with a closer, or NHCPA shall replace the existing door hinges with spring hinges or provide an automatic door opener. See the 2010 Standards §§ 206.5.2, 404.2.4.1, 404.3.
4. Women's Toilet Room:
   1. A tactile sign is not located on the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards §§ 216.2, 703.4.
   2. The leading edge of the hand dryer is 36 inches above the finish floor, and it protrudes 6 inches into the circulation path. Objects with leading edges more than 27 inches and not more than 80 inches above the finish floor shall protrude 4 inches maximum horizontally into the circulation path. See the 2010 Standards §§ 204.1, 307.2.
   3. The designated accessible toilet compartment door is not self-closing. The door shall be self-closing. See the 2010 Standards §§ 213.2, 213.3.1, 604.8.1.2.
5. Theater Auditorium:
   1. Orchestra Level Entrance
      1. The force to open the auditorium doors is 10 pounds. The force for pushing or pulling open an interior door other than a fire door shall be 5 pounds maximum. See the 2010 Standards §§ 206.4.1, 206.5.1, 404.2.9.
   2. Orchestra Level Bar
      1. The bar counter is 42 inches high. A portion of the counter surface that is 36 inches long minimum and 36 inches high maximum above the finish floor shall be provided, or signage advising customers that assistance is available upon request will be provided along with a flip down counter that is 36 inches long minimum and 36 inches high maximum. A clear floor or ground space complying with 2010 Standards § 305 shall be positioned for a parallel approach adjacent to the 36 inch minimum length of counter. See the 2010 Standards §§ 227.3, 904.4.1.
   3. Route to Designated Wheelchair Spaces in Rows C and D¹
      1. The slope of the side aisles varies from approximately 1:6.5 (15.2%) at row U to approximately 1:10.5 (9.5%) at row K. Ramp runs shall have a running slope not steeper than 1:12, or handrails shall be provided along the platform side of the house right and house left side aisles where the aisle slope exceeds 1:20. See the 2010 Standards §§ 206.2.4, 402.2, 405.2, 405.8, 505.1.
      2. The landings located at the exit doors have surface slopes that exceed 1:48. Landings shall have slopes not steeper than 1:48, or handrails shall be provided along the platform side of the house right and house left side aisles where the slope exceeds 1:48. See the 2010 Standards §§ 206.2.4, 402.2, 405.8, 505.1.
      3. The side aisles do not have handrails along the entire length. Ramp runs with a rise greater than 6 inches shall have handrails complying with 2010 Standards § 505. Handrails shall be provided along the platform side of the house right and house left side aisles where the aisle slope exceeds 1:20. See the 2010 Standards §§ 206.2.4, 402.2, 405.8, 505.1.
   4. Wheelchair Spaces
      1. When the theater is configured for a seated show, it contains a total of 1,506 seats on the orchestra, balcony, and loge levels. In Section 109, an area approximately 6 seats wide by 4 rows deep is designated for wheelchair spaces and will accommodate approximately 4 wheelchair spaces each with an adjacent companion seat. In rows C and D approximately 4 wheelchair spaces are designated. When the theater is set for a 1,506 seat show, a minimum of 13 wheelchair spaces, each with an adjacent companion seat, shall be provided in the theater. See the 2010 Standards §§ 221.2.1.1, 802.1.
      2. The Section 109 wheelchair spaces are not dispersed horizontally. Wheelchair spaces shall provide lines of sight complying with 802.2 and shall comply with 221.2.3. Wheelchair spaces shall be dispersed horizontally along the first row of Section 109. See the 2010 Standards §§ 221.2.3, 221.2.3.1, 802.2.
      3. In rows C and D, one folding chair is removed to accommodate one wheelchair space approximately 17 inches wide and 33 inches deep, including the aisle. When folding chairs are removed to provide wheelchair spaces in rows C and/or D, each wheelchair space shall be 36 inches wide minimum and 60 inches deep minimum. The wheelchair space shall be located to provide shoulder alignment with the adjacent companion seat. See the 2010 Standards §§ 221.2.1, 802.1.2, 802.1.3.
   5. Assistive Listening System
      1. An assistive listening system is not provided. In each assembly area where audible communication is integral to the use of the space, an assistive listening system shall be provided. 46 receivers complying with 2010 Standards § 706.2 shall be provided Twelve of the receivers provided shall be hearing-aid compatible in accordance with 706. A sign noting the availability of an assistive listening system that includes the International Symbol of Hearing Loss shall be provided. See the 2010 Standards §§ 219.1, 706.1, 216.10, 703.5, 703.7.2.4.
2. Alterations
   1. Any alterations, as defined in 42 U.S.C. §12183 and 28 C.F.R. § 36.402(b), made to the Music Hall facility and not described in this Agreement shall comply in all respects with the ADA, its implementing regulations, including the 2010 Standards.
   2. If an 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.
3. 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 Music Hall; 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 Music Hall 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.
3. The United States may review compliance with this Agreement at any time. Upon reasonable advance notice to NHCPA, it shall permit the United States and any person acting on its behalf unlimited access to the Music Hall 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 Music Hall, or unreasonably interfere with the management and operation of the Music Hall.
4. If the United States believes that NHCPA has violated this Agreement or any requirement thereof, it agrees to notify Premier Facilities LLC, the facility manager of NHCPA, in writing of the specific violation(s) alleged. NHCPA 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. NHCPA shall provide certifications to the United States, every six 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 NHCPA has agreed to correct have been so corrected. NHCPA shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Music Hall facility 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:

   Ndidi N. Moses, Assistant U.S. Attorney
   c/o Cindy Gartland, Paralegal Specialist
   U.S. Attorney's Office
   157 Church Street, 25th Floor
   New Haven, CT 06510
   email: Ndidi.Moses@usdoj.gov

7. All notices, demands, reports or other communication to be provided to the New Haven Center For Performing Arts, Inc. pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

   New Haven Center For Performing Arts, Inc.
   PO Box 2763
   Waterbury, CT 06723-2763
   email: keith@mahlercompany.com

8. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person.
9. 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.
10. 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 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 New Haven Center for Performing Arts c/o Premier Facilities, LLC and the NHCPA to comply with all aspects of the ADA.
11. 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 NHCPA 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.
12. 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.
13. In the event NHCPA 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 Music Hall, NHCPA shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of the Agreement.
14. 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.