SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE NEWSEUM, INC.
UNDER TITLE III OF THE AMERICANS WITH DISABILITIES ACT

DJ # 202-16-190

Press Release

A. BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and the Newseum, Inc., which is located in Washington, D.C.
2. This Settlement Agreement ("Agreement") resolves an investigation and compliance review conducted by the United States Department of Justice ("Department") of the Newseum, Inc. under Title III of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12181-12189 ("ADA"). Based on the Department's investigation and compliance review, the Department found that the Newseum, Inc. failed to make all of its exhibits, public programs, and other offerings readily accessible to and usable by individuals with disabilities and failed to furnish appropriate auxiliary aids and services to ensure effective communication with patrons with disabilities. The Newseum has fully cooperated with the compliance review and has remedied some of the alleged violations identified by the United States.
3. In order to avoid litigation, and without admitting liability, the parties agree to the terms of this Settlement Agreement. These terms are intended to redress the violations of the ADA that have been identified by the Department.

   B. JURISDICTION

4. The Newseum, Inc. describes itself as a “museum of news,” offering patrons an experience that blends news history with technology and hands-on exhibits.  It is located at 555 Pennsylvania Avenue, N.W., in the District of Columbia, and is a private entity
5. In its facilities, the Newseum, Inc. operates: exhibits, theaters, a conference center, a learning center, restaurants, and museum shops. Accordingly, the Newseum, Inc. is a place of public accommodation subject to the requirements of Title III of the ADA and its implementing regulation. 42 U.S.C. §§ 12182; 28 C.F.R. Part 36.
6. Public accommodations, such as the Newseum, Inc., are required to provide full and equal enjoyment of their goods, services, facilities, privileges, advantages, and accommodations in the most integrated setting appropriate to people with disabilities. 42 U.S.C. § 12182(b)(1)(B); 28 C.F. R. § 36.203(a). Specifically, public accommodations must:

   a. Ensure that no individual is discriminated against on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. §12182(a); 28 C.F.R § 36.201(a);

   b. Make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to people with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. §12182(b)(2)(A)(ii); 28 C.F.R. § 36.302(a);

   c. Ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303(a);

   d. Ensure that all of its newly constructed or altered buildings and facilities, including exhibits, are readily accessible to, and usable by, people with disabilities. 42 U.S.C. § 12183(a); 28 C.F.R. §§ 36.401(a)(1), 36.402 (a)(1).

7. The Attorney General is authorized to conduct periodic compliance reviews of public accommodations under the ADA. 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), 12188(b)(2); 28 C.F.R. § 36.503.

C. APPLICABLE STANDARDS

9. The Newseum, Inc. is housed in a building designed and constructed for first occupancy after January 26, 1993.  Any structure such as the Newseum, Inc., designed and constructed for first occupancy as a place of public accommodation after that date, must be readily accessible to and usable by people with disabilities.  42 U.S.C. §§ 12181(7)(H), 12183(a)(1); 28 C.F.R. § 36.401(a)(1).
10. For purposes of this Agreement, the term "1991 Standards" means requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to 28 C.F.R. Pt. 36. 28 C.F.R. § 36.104.
11. For purposes of this Agreement, the term "2010 Standards" means the 2010 ADA Standards for Accessible Design, which consists of Appendices B and D to 36 C.F.R. Pt. 1191 (2009), and the requirements contained in subpart D of 28 C.F.R. Pt. 36. 28 C.F.R. § 36.104.
12. The Department began this investigation and conducted architectural surveys of the Newseum, Inc. before the 2010 Standards took effect. The Department's analysis as to whether the Newseum, Inc. is in compliance with the ADA is based on the 1991 Standards. As 28 C.F.R. § 36.406(a) makes clear, the 2010 Standards apply to determine the remedial actions the Newseum, Inc. must take.

D. FINDINGS BY THE UNITED STATES

13. Beginning in May 2011, the Department, with the cooperation of the Newseum, Inc., conducted a compliance review, under Title III and the Department's implementing regulation, 28 C.F.R. Pt. 36, to assess the accessibility of the Newseum, Inc. to patrons with disabilities.
14. Based on that compliance review, the Department found that the Newseum, Inc. failed to design and construct facilities that are readily accessible to and usable by people with disabilities, including but not limited to the following:

    • There are protruding objects throughout the Newseum, Inc.;

    • Theatres do not all have integrated wheelchair spaces and companion seats;

    • Women's toilet rooms do not have the required ambulatory accessible stall;

    • The Source Restaurant's swinging door to its outdoor patio has a threshold height of 2¾ inches instead of the permissible maximum height of a half-inch;

    • Patrons who use mobility aids cannot participate in the Annenberg Theater's "4D Experience."

15. The Department further determined that the Newseum, Inc. failed to make all of its exhibits, public programs, and other offerings accessible and failed to furnish appropriate auxiliary aids and services to ensure effective communication with patrons with disabilities in several ways, including but not limited to the following:

    • Auxiliary aids and services are not provided for patrons who are blind or have low vision in all public programs, media, and exhibits;

    • Auxiliary aids and services are not provided for patrons who are deaf or hard of hearing in all public programs, media, and exhibits;

    • Theaters do not all have the required assistive listening systems for patrons who are deaf or hard of hearing; and

    • Controls on interactive multimedia exhibits and technologies are not all within the reach range of patrons who use wheelchairs or are of short stature.

16. Based on its investigation and compliance review, the United States made a series of findings regarding the Newseum, Inc.'s lack of accessibility to people with disabilities. These findings are listed in Appendix 1.

E. TERMS OF AGREEMENT

17. The Newseum, Inc. shall insure that no individual is discriminated against on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. §§ 12182; 28 C.F.R § 36.201(a).
18. The Newseum, Inc. shall provide full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations in the most integrated setting appropriate to people with disabilities. 42 U.S.C. § 12182(b)(1)(B); 28 C.F.R. § 36.203.
19. The Newseum, Inc. shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to people with disabilities, unless the Newseum, Inc. can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. §12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
20. The Newseum, Inc. shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with people with disabilities unless the Newseum, Inc. can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or result in an undue burden, i.e., significant difficulty or expense.
    "Auxiliary aids and services" includes –
    

    (1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; assistive listening devices; assistive listening systems; open and closed captioning, including real-time captioning; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;

    (2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;

    42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. §§ 36.303 (a) - (c).
    

    The Newseum, Inc. shall ensure that the visual and audio contents of its website conform to the Level A and Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines ("WCAG") 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/.

21. The Newseum, Inc. shall ensure that all of its additions and exhibits are readily accessible to, and usable by, people with disabilities: it shall also ensure that, to the maximum extent feasible, any altered portions of the facility are readily accessible to, and usable by, people with disabilities. 42 U.S.C. § 12183(a)(2) and 28 C.F.R. §§ 36.401- 405.
22. The Newseum, Inc. shall maintain in operable working condition those features of its facilities, including exhibits and equipment, required to be accessible by this Agreement under the ADA. 28 C.F.R. § 36.211.

Remedial Measures

23. Within one year (12 months) of the Effective Date of this Agreement, the Newseum, Inc. shall complete all the remedial measures identified in Appendix 1 and the remedial actions to its website in Paragraph 20.

24. The Newseum, Inc. has retained a consultant to certify that any alterations or additions to the facilities, including exhibits, comply with the requirements of the ADA and this Agreement. 
25. Within sixty (60) days of the Effective Date of this Agreement, the Newseum, Inc. has designated and shall continue to designate an ADA Compliance Officer and provide the individual's job description to the Department. No later than sixty (60) days after the selection, the Newseum, Inc. shall ensure that the ADA Compliance Officer undergoes training on the Newseum, Inc.'s obligations under the ADA and this Agreement, at the expense of the Newseum, Inc. The ADA Compliance Officer shall be responsible for handling disability-related complaints from the patrons of the Newseum, Inc. and for ensuring the Newseum, Inc.'s compliance with the ADA and this Agreement.
26. Within sixty (60) days of the Effective Date of this Agreement, the Newseum, Inc. shall develop an ADA Complaint Resolution Policy to address ADA-related complaints and shall provide a copy of the policy to the Department for review and approval. This policy shall identify the ADA Compliance Officer, the procedure for filing complaints, and the process by which complaints will be investigated and resolved. The Newseum, Inc. shall implement the policy within thirty (30) days of approval by the Department.
27. Within sixty (60) days of the Effective Date of this Agreement, the Newseum, Inc. shall, under the direction of the ADA Compliance Officer, train all supervisors and managers on the Newseum, Inc.'s obligations under the ADA and this Agreement. The Newseum, Inc. shall ensure that all newly hired supervisors and managers receive this training within thirty (30) days of hire or promotion.
28. The Newseum, Inc. shall provide a written report annually to the Department regarding its progress with respect to the completion of its obligations under this Agreement, including under Section E. The report shall identify and document (e.g., with copies of construction contracts, photographs and/or design drawings) the revisions that have been made and any training of employees that has occurred (by date and the content of the training), as well as provide copies of any ADA-related policies that the Newseum, Inc. has adopted. The report shall be provided to the Department annually on the anniversary of the Effective Date of this Agreement, except that the last report shall be provided three months prior to the expiration of this Agreement. If, prior to the expiration date set forth in Paragraph 40, the Newseum, Inc. can certify that it has fully complied with the terms of this Agreement and completed all the remedial measures listed in Appendix 1, and the Department accepts that certification, then the Newseum, Inc.'s continuing obligation to file annual reports under this paragraph will cease.
29. Within thirty (30) days of the Effective Date of this Agreement, the Newseum, Inc. shall deliver to counsel for the United States a certified check in the amount of $15,000 (fifteen thousand dollars), payable to the United States Treasury, as authorized by 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3), as amended.

F. IMPLEMENTATION AND ENFORCEMENT

30. The Department shall have the right, during the course of this Agreement and with seven (7) days notice to the Newseum, Inc., to conduct inspections of the Newseum, Inc. and to request documents or photographs in order to evaluate compliance with this Agreement. The Department shall make every effort to conduct its inspections at times that are agreeable to the Newseum, Inc. so as to cause minimal disruption to its operations.
31. If the Department believes that the Newseum, Inc. is not in compliance with this Agreement or any requirements contained herein, the Department will notify the Newseum, Inc. in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the Newseum, Inc. If the parties are unable to reach a resolution within thirty (30) days of the date of the Department's written notification, the Department may seek enforcement of the terms of this Agreement and/or the ADA in court. In the event a court determines that the Newseum, Inc. has failed to comply with any term of this Agreement, such failure to comply shall be treated as a second failure to comply with Title III of the ADA, and the Department may seek, and the court may assess, civil penalties as provided in 42 U.S.C. § 12188(b)(2)(C).
32. In consideration for the Agreement set forth above, the United States will not institute any civil action alleging discrimination based on the allegations raised in Paragraphs 14 -16, except as provided in Paragraph 31 above.
33. The Department's failure to enforce any provision of this Agreement shall not be construed as a waiver by the Department of any right to enforce any other provision.
34. This Agreement shall be binding upon the Newseum, Inc., and its agents, and employees. In the event the Newseum, Inc. seeks to transfer or assign all or part of its interests in any exhibition or facility covered by this Agreement, and the successor or assignee intends to carry on the same or similar use of the facility, as a condition of sale, the Newseum, Inc. shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement.
35. All notices, demands, or other communications to be provided under this Agreement shall be in writing and delivered by email 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):

    1. For the Newseum, Inc.:
    Mr. James C. Duff
    Chief Executive Officer
    Newseum, Inc.
    555 Pennsylvania Avenue, N.W.
    Washington, D.C. 20001

    2. For the United States:
    Rebecca B. Bond, Chief
    Disability Rights Section
    U.S. Department of Justice
    1425 New York Avenue, N.W.
    Washington, D.C. 20005
    (Fax) 202-305-9775

36. This Agreement constitutes the entire Agreement between the parties relating to Department of Justice Case No. 202-16-190, and no other statement, promise or agreement, either written or oral, made by either party or agents of any party, that is not contained in this written Agreement, including Appendix 1, shall be enforceable.
37. 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 Department and the Newseum, Inc. 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 agreed upon relative rights and obligations.
38. This Agreement does not affect the Newseum, Inc.'s continuing responsibility to comply with all aspects of the ADA not covered by this Agreement.
39. A signatory to this document in a representative capacity for the Newseum, Inc. represents that he or she is authorized to bind the Newseum, Inc. to this Agreement.
40. The Effective Date of this Agreement is the date of the last signature below. The Agreement shall remain in effect for three years from the Effective Date, unless extended by written agreement of the parties.