SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE STATE OF OREGON
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-61-52
Background
1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12134 (ADA), with the United States Department of Justice, Civil Rights Division (Department) against the Oregon State Lottery Commission (State). The complainant alleges that the State has violated title II of the ADA and the Department of Justice's implementing regulation, 28 C.F.R. Part 35, by contracting for the sale of lottery tickets with retail outlets that are inaccessible to persons with mobility impairments. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement.
2. The Department of Justice is authorized under 28 C.F.R.
Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the State with title II of the ADA and the Department's implementing title II regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133 to bring a civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement, the Department agrees to refrain from undertaking further investigation or from filing civil suit in this matter.
3. The parties to this Agreement are the United States of America and the State of Oregon, acting by and through its Oregon State Lottery Commission. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree to the following provisions.
Jurisdiction
4. The ADA applies to the State because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R. § 35.104.
5. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities of a public entity, such as the State.
6. Under the ADA, public entities must make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability.
Remedial Action
7. The subject of this Settlement Agreement is the State's obligation under 42 U.S.C. § 12132 to bring the Oregon State Lottery into compliance with the ADA and to provide access to the services, programs, and activities provided by the State Lottery.
8. In order to meet its obligations as set forth in paragraph 7, on May 28, 1997, the State adopted a final Administrative Rule, OAR 177-040-0070, a copy of which is appended to, and incorporated into, this Settlement Agreement as Exhibit A, to ensure that the lottery program, when viewed in its entirety, will provide access to lottery games and services to people who use wheelchairs.
9. The Department of Justice considers the Administrative Rule (OAR 177-040-0070) to be an acceptable means of ensuring program access as required by the Agreement.
10. The final rule shall be distributed to all appropriate State personnel and shall be made available to the public upon request.
Implementation and Enforcement of the Agreement
11. If at any time the State desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it shall promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. In addition, if at any time the State desires to modify the Administrative Rule (OAR 177-040-0070), the State shall, at or before the time it publishes any proposed amendment for public comment under ORS 183.335, submit the proposed amendment, together with a written explanation setting forth the facts and circumstances thought to justify the amendment, to the Department for the Department's review and comment. The Department reserves the right to review any proposed amendment of the Administrative Rule for compliance with this Agreement and with title II of the ADA and, upon the State's adoption of any amendment the Department of Justice believes to violate the Agreement or title II of the ADA, may institute enforcement proceedings as provided in Section 13 of this Agreement.
12. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the State or the Department upon request. The State shall provide a copy of this Agreement to any person upon request..
13. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in Federal district court following written notice to the State of the possible violation and a period of ten (10) days in which the State has the opportunity to cure the alleged violation.
14. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement.
15. 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.
16. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the State's continuing responsibility to comply with all aspects of title II of the ADA. Neither the Department nor the State admits fault or liability of any kind under this Agreement.
17. The effective date of this Agreement is the date of the last signature below.
18. The signer of this document for the State represents that he or she is authorized to bind the State to this Agreement.
| For the State of Oregon, acting by and through its Oregon State Lottery Commission: _____________________________ Date__________________________ |
For the United States: Isabelle Katz Pinzler Acting Assistant Attorney General for Civil Rights By: _________________________ John L. Wodatch Allison Nichol Naomi Milton Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-9807 Date__________________________ |
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February 7, 2001