1. This matter was initiated by a compliance review conducted by the United States Department of Justice ("the United States") concerning compliance by Mickey Gilley’s Theatre (“the Theatre”) and Mickey’s Texas Café (“the Café”) with Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, and its implementing regulation, including the Standards for Accessible Design (“ADA Standards”), 28 C.F.R. pt. 36 app. A. The United States’ review has revealed that certain aspects of the Theatre and Café premises constructed or altered since Title III’s effective date violate the ADA’s requirements for new construction and alterations. The United States further alleges that certain aspects of the Theatre and the Café premises not constructed or altered since Title III’s effective date contain architectural barriers to access, and that removal of these barriers is readily achievable.
2. The Attorney General is authorized to enforce Title III of the ADA by seeking the alteration of facilities to make such facilities readily accessible to and usable by individuals with disabilities. See 42 U.S.C. § 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce Title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. See id. at § 12188(b)(1)(B).
3. Ozark Entertainment, Inc. (“Ozark Entertainment”), owns and operates Mickey Gilley’s Theatre and Ozark Entertainment owns the Café, which during all relevant times herein has been and is operated by a commonly owned affiliate, Texas Café, Inc. ("Texas Café"). Ozark renews its commitment to insuring that individuals with disabilities receive the full and equal enjoyment of the goods and services of the Theatre and the Café. To demonstrate that commitment, Ozark Entertainment agrees to correct violations of the ADA Standards for new construction and alterations, and also to remove architectural barriers that exist at the Theatre and the Café. Ozark Entertainment agrees to take the steps outlined in this Settlement Agreement to ensure that individuals with disabilities, including individuals who use wheelchairs, have an opportunity equal to that of non-disabled individuals to enjoy the goods and services of the Theatre and the Café. Accordingly, the United States and Ozark Entertainment have determined that United States’ Matter Number 202-43-19 can be resolved without litigation pursuant to the terms of this Settlement Agreement (“Agreement”).
4. Mickey Gilley’s Theatre is a theatre presenting live entertainment, and, as such, is a place of public accommodation covered by Title III of the ADA. See 42 U.S.C. § 12181(7)(C). Following a fire which destroyed the prior structure, the Theatre was reconstructed upon the existing foundation after the effective date of Title III's provisions for new construction. The United States has determined that the reconstructed theater was required to comply with Title III and its implementing regulation, the Standards for Accessible Design (“ADA Standards”), 28 C.F.R. pt. 36 app. A.
5. Mickey’s Texas Café is a combination restaurant and bar serving food and drink, and, as such, is a place of public accommodation covered by Title III of the ADA. See 42 U.S.C. § 12181(7)(B). The Café was constructed before the effective date of Title III's provisions for new construction. Parts of the Café, including the entrance and the women’s and men’s toilet rooms, may have been altered after the effective date of Title III’s provisions for alterations.

AGREEMENT

6. Ozark Entertainment and its officers, agents, and employees are hereby enjoined from:
   1. making further alterations to the Theatre and the Café that do not comply with Title III of the ADA and the ADA Standards; and
   2. failing to comply with the continuing obligation to remove architectural barriers where such removal is readily achievable.
7. Ozark Entertainment agrees to make the following modifications, to the extent not completed prior to the date of execution of this Agreement:

MICKEY GILLEY’S THEATRE

Parking

1. Designate one new accessible parking space on the side of the Theatre across from the Café by installing signage in compliance with the ADA Standards § 4.6.4 and designating an adjacent 60-inch wide access aisle, in compliance with ADA Standards § 4.1.2(5)(a), for a total of five spaces on the side of the Theatre.
2. Designate at least one of the accessible parking spaces on the side of the Theatre across from the Café and adjacent to the 96-inch wide access aisle as a “van-accessible” space by installing signage in compliance with the ADA Standards § 4.6.4. See also ADA Standards § 4.1.2(5)(b).

Entrances and Exits

3. Install a ramp compliant with ADA Standards § 4.8 at the exterior exit discharge from the row
   1. house right exit door, unless (i) another acceptable and compliant alternative is proposed, approved by the Department and completed, or (ii) such exterior exit door is determined and approved by the Department not to be a required accessible route. See ADA Standards § 4.1.3(9).
4. Install handrails on both sides of the ramp leading from the row 27 house right exit door, in compliance with ADA Standards § 4.8.5.
5. Install edge protections along the entire length of the ramps leading from the row 1 and row 27 house right exit doors, in compliance with ADA Standards § 4.8.7.

Lobby

6. Reconfigure the ticket counter, or provide an auxiliary counter in close proximity to the main counter, so that a counter is provided that is at least 36 inches long and no more than 36 inches high, in compliance with ADA Standards § 7.2(1).
7. Reconfigure one of the cash register counters in the primary gift shop, or provide an auxiliary counter in close proximity to one of the cash register counters, so that a counter is provided that is at least 36 inches long and no more than 36 inches high, in compliance with ADA Standards § 7.2(1).
8. Adjust the drinking fountain with the lowered spout near the men’s toilet room so that the trajectory of the water flow is parallel or nearly parallel to the front edge of the fountain, in compliance with ADA Standards § 4.15.3.
9. Remount the drinking fountain near the women’s toilet room so that the knee clearance is at least 27 inches above the finish floor, in compliance with ADA Standards § 4.15.5(1).
10. Adjust the drinking fountain near the women’s toilet room so that the trajectory of the water flow is parallel to the front edge of the fountain, in compliance with ADA Standards § 4.15.3.

Women’s Toilet Room

11. Reconfigure the toilet stalls so that the rear wall of the designated accessible stall is at least 60 inches wide, in compliance with ADA Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Figure 30(a).
12. Remount the toilet paper dispenser in the accessible stall so that it is no more than 36 inches from the rear wall, in compliance with ADA Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Figure 30(d).
13. Install door hardware onto the door to the accessible stall that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate, and that is no higher than 48 inches above the finish floor, in compliance with ADA Standards §§ 4.1.3(11), 4.13.9, 4.17.5, and 4.22.4.
14. Remount the side grab bar in the accessible stall so that it is at least 52 inches from the rear wall, in compliance with ADA Standards §§ 4.1.3(11), 4.17.6, 4.22.4, and Figure 30(d).
15. Remount the toilet seat cover dispenser in the accessible stall so that there is a 30" by 48" clear floor space in front of the dispenser, in compliance with ADA Standards §§ 4.1.3(11), 4.22.7, and 4.27.2.
16. Provide a toilet stall that is 36 inches wide, contains parallel grab bars, and features an outward swinging, self-closing door, in compliance with ADA Standards §§ 4.1.3(11) and 4.22.4.

Men’s Room

17. Remount the rear grab bar in the accessible stall so that it is no more than 6 inches from the side wall, in compliance with ADA Standards §§ 4.1.3(11), 4.17.3, 4.17.6, 4.22.4, 4.26.2, and Figure 30(a).

Auditorium

18. Remount the display cases in the auditorium vestibule so that the bottom of the cases is no more than 27 inches above the finish floor, in compliance with ADA Standards §§ 4.1.3(2) and 4.4.1.
19. Provide eleven fully accessible wheelchair seating areas, on level surfaces and with companion fixed seating, and adjacent to an accessible route that also serves as a means of egress in an emergency, in the theatre auditorium, in compliance with ADA Standards §§ 4.1.3(19)(a), 4.33.3, and 4.33.4. No more than two of the designated wheelchair seating areas shall be adjacent to each other, and up to but no more than four may be in the back row. Ozark may submit revised wheelchair seating architectural drawings to the Department for approval. If Ozark chooses to submit such plans, the Department shall have 90 days from its receipt of complete drawings (and any additional requested information) to review those plans and either approve or disapprove the plans. If the Department does not respond within 90 days, the submitted plans are deemed approved. Ozark agrees to provide all relevant information requested by the Department to determine whether the submitted plans comply with the ADA Standards.
20. With respect to the Theatre’s permanently installed assistive listening system (ALS), Ozark Entertainment agrees that it will:
    1. Ensure that 20 complete head sets and receivers are provided for use during each performance with in compliance with ADA Standards §§ 4.1.3(19)(b), 4.33.6, and 4.33.7.
    2. Establish formal policies and procedures requiring that theater staff monitor requests for and usage of ALS receivers and keep a record of each instance in which the number of receivers requested at any given time exceeds the number of receivers available for distribution to theater patrons. At the end of each year this Agreement is in place, beginning on the date that is one year from the Effective Date of this Agreement, the Respondent shall provide a list of such instances, if any, to the Department at the address set forth in ¶ 19 below

Backstage

21. Ensure that at least one dressing room, if dressing rooms are retained backstage, on the ground level of the backstage area is fully accessible, or modify one of the existing two dressing rooms by:
    1. Adjusting the door to the dressing room so that the force required to open the door is no more than 5 lbf, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.11.
    2. Replacing the dressing room door hardware so that it does not require tight grasping and twisting of the wrist to operate, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.9.
    3. Mounting the clothes rod so that it is no more than 54 inches above the finish floor, in accordance with ADA Standards §§ 4.1.3(12), 4.2.6, and 4.25.3.
    4. Mounting at least one clothing storage shelf so that it is no more than 54 inches above the finish floor, in accordance with ADA Standards §§ 4.1.3(12), 4.2.6, and 4.25.3.
    5. Mounting at least one dress hook so that it is no more than 54 inches above the finish floor, in accordance with ADA Standards §§ 4.1.3(12), 4.2.6, and 4.25.3.
    6. Ensuring that a lavatory, if a lavatory is retained in one or more dressing rooms, complying with ADA Standards §§ 4.1.3(11), 4.19.2, 4.19.3, 4.19.4, 4.22.6, and Fig. 31 is provided. There shall be adequate clear floor space in front of this lavatory, and adequate knee space below, and all exposed hot water pipe shall be insulated against contact.
    7. Ensuring that the paper towel dispenser at the lavatory is no more than 54 inches above the finish floor, in accordance with ADA Standards §§ 4.1.3(11), 4.2.6, 4.22.7, and 4.27.3.
    8. Mounting a 24"- 48" bench to one of the dressing room interior walls, in accordance with ADA Standards §§ 4.1.3(21) and 4.35.4.
    9. Mounting a visual fire alarm in the dressing room, in accordance with ADA Standards §§ 4.1.3(14) and 4.28.
22. Ensure that the shower room adjoining the accessible dressing room on the ground level of the backstage area, if retained as a functioning shower room, is fully accessible, by:
    1. Reconstructing the door to the shower room so that the clear opening width of the door is at least 32 inches, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.5.
    2. Replacing the shower room door hardware so that it does not require tight grasping and twisting of the wrist to operate, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.9.
    3. Configuring the space within the shower room so that there is at least a 60-inch diameter turning space within the room, in accordance with ADA Standards §§ 4.1.3(11), 4.2.3, and 4.23.3.
    1. Configuring the door to the shower room so that it does not swing into the room's clear floor space, in accordance with ADA Standards §§ 4.1.3(11) and 4.23.2.
    2. Providing adequate clear floor space at the toilet, in accordance with ADA Standards §§ 4.1.3(11), 4.16, 4.23.4, and Fig. 28.
    3. Providing grab bars at the toilet, in accordance with ADA Standards §§ 4.1.3(11), 4.16.4, 4.23.4, 4.26, and Fig. 29.
    4. Providing adequate clear floor space at the shower stall, in accordance with ADA Standards §§ 4.1.3(11), 4.21, 4.23.8, and Fig. 35.
    5. Providing an opening into the shower stall that is at least 36 inches wide, in accordance with ADA Standards §§ 4.1.3(11), 4.21, and 4.23.8.
    6. Modifying the shower stall so that it is 36 inches wide by 36 inches deep, in accordance with ADA Standards §§ 4.1.3(11), 4.21, 4.23.8, and Fig. 35.
    7. Providing either grab bars or a seat with bars inside the shower stall, in accordance with ADA Standards §§ 4.1.3(11), 4.21, 4.23.8, and Figs. 35 and 36.
    8. Mounting a visual fire alarm inside the shower room, in accordance with ADA Standards §§ 4.1.3(14) and 4.28.
23. Ensure that the green room is fully accessible, if a green room is retained as a functioning green room, by reconstructing and modifying to provide a green room fully accessible consistent with the standards, or by:
    1. Adjusting the door to the dressing room so that the force required to open the door is no more than 5 lbf, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.11.
    2. Replacing the green room door hardware so that it does not require tight grasping and twisting of the wrist to operate, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.9.
    3. Mounting a visual fire alarm inside the green room, in accordance with ADA Standards §§ 4.1.3(14) and 4.28.
24. Ensure that the toilet room adjoining the green room is fully accessible, if the toilet room adjoining the green room is retained as a functioning toilet room, by reconstructing an modifying to provide a toilet room fully accessible consistent with the standards, or by:
    1. Reconstructing the door to the toilet room so that the clear opening width of the door is at least 32 inches, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.5.
    2. Replacing the toilet room door hardware so that it does not require tight grasping and twisting of the wrist to operate, in accordance with ADA Standards §§ 4.1.3(7) and 4.13.9.
    3. Configuring the space within the toilet room so that there is at least a 60-inch diameter turning space within the room, in accordance with ADA Standards §§ 4.1.3(11), 4.2.3, and 4.23.3.
    4. Providing adequate clear floor space at the toilet, in accordance with ADA Standards §§ 4.1.3(11), 4.16, 4.23.4, and Fig. 28.
    5. Providing grab bars at the toilet, in accordance with ADA Standards §§ 4.1.3(11), 4.16.4, 4.23.4, 4.26, and Fig. 29.
    6. Ensuring that a lavatory complying with ADA Standards §§ 4.1.3(11), 4.19.2, 4.19.3, 4.19.4, 4.22.6, and Fig. 31 is provided. There shall be adequate clear floor space in front of this lavatory, and adequate knee space below, and all exposed hot water pipe shall be insulated against contact.
    7. Mounting a visual fire alarm inside the toilet room, in accordance with ADA Standards §§ 4.1.3(14) and 4.28.

MICKEY’S TEXAS CAFÉ

Entrances and Exits

25. Mount signage at the inaccessible entrances, the front entrance containing steps and the cantina entrance, indicating the route to the nearest accessible entrance, in compliance with ADA Standards § 4.1.2(7)(c).
26. Mount signage at the accessible entrance, the front entrance containing a ramp, identifying this entrance with the International Symbol of Accessibility, in compliance with ADA Standards § 4.1.2(7)(c).
27. Install handrails on both sides of the ramp to the front entrance to the Café with a gripping surface between 1-1/4 and 1-1/2 inches in diameter, or a shape providing an equivalent gripping surface, and extending at least 12 inches beyond the top and bottom of the ramps parallel to the walking surface, in compliance with ADA Standards §§ 4.1.2 (1), 4.8.5, and 4.26.

Interior

54. Provide at least two accessible booths, with a knee clearance at least 30 inches wide, in compliance with ADA Standards §§ 4.1.3(18) and 4.32.3.

Women’s Toilet Room

81. Mount signage in compliance with ADA Standards § 4.30 on the latch side of the women’s toilet room door. See ADA Standards §§ 4.1.3(16)(a) and 4.30.6.
108. Reinstall the toilet in the accessible stall so that the centerline of the toilet is exactly 18 inches from the wall, in compliance with ADA Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Figure 30(a).
135. Remount the toilet paper dispenser in the accessible stall so that it is below the grab bar and no more than 36 inches from the rear wall, in compliance with ADA Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Figure 30(d).
162. Remount the coat hook in the accessible stall so that it is no more than 54 inches above the finish floor, in compliance with ADA Standards §§ 4.1.3(12), 4.2.6, and 4.25.3.
189. Remount the toilet seat cover dispenser in the accessible stall so that there is a 30" by 48" clear floor space in front of the dispenser, in compliance with ADA Standards §§ 4.1.3(11), 4.22.7, and 4.27.2.

Men’s Toilet Room

216. Reinstall the toilet in the accessible stall so that the centerline of the toilet is exactly 18 inches from the wall, in compliance with ADA Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Figure 30(a).
243. Remount the toilet paper dispenser in the accessible stall so that it is below the grab bar and no more than 36 inches from the rear wall, in compliance with ADA Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Figure 30(d).
270. Remount the toilet seat cover dispenser in the accessible stall so that there is a 30" by 48" clear floor space in front of the dispenser, in compliance with ADA Standards §§ 4.1.3(11), 4.22.7, and 4.27.2.

COMPLETION, CERTIFICATION AND NOTICE

8. Ozark Entertainment agrees that all remedial work (including all remedial work performed prior to execution of this Agreement) will be done in compliance with the ADA Standards. Any modifications performed by Ozark that do not strictly comply with the ADA Standards must be redone within ninety (90) days of the Department’s objections.
9. No later than 180 days prior to the expiration of this Agreement, Ozark shall certify to the Department, in writing, that it has fulfilled all of its obligations under this Settlement Agreement or that the Theatre or Café, as applicable, has been closed and either demolished or converted to a differing use; provided that in such case the facilities are in compliance with applicable ADA standards consistent with such use; and, provided, further that such facilities shall not thereafter be used as a Theatre or Café, as applicable, unless first made compliant with the terms of this Agreement. The certification shall set out each of the obligations and shall describe the steps Ozark has taken to fulfill these obligations. Ozark shall provide the DOJ with written documentation evidencing its completion of all corrective actions in sufficient detail for the DOJ to independently confirm that all work has been done in conformance with the parties' agreement. Such evidence may include, but is not limited to, color photographs, purchase orders, permits, and/or architectural drawings, if necessary. Ozark will allow representatives of the Department access to the theater and Café so that the Department may monitor compliance with the certification and this Agreement.
10. In the event that Ozark Entertainment is required to obtain, for any of the steps to remove barriers to access specified in this agreement, any building, mechanical, electrical, plumbing or other permit or approval, Ozark Entertainment shall seek such permit or approval in good faith and in a timelyfashion. If any necessary permit or approval is not granted within the time anticipated by Ozark Entertainment for obtaining the permit or approval, or is denied, Ozark Entertainment shall promptly notify counsel for the Department. The parties shall thereafter attempt, in good faith, to determine how much additional time is required to secure the permit or approval and complete the work at issue, or, if the permit or approval has been denied, shall attempt to identify alternative methods of removing the barrier in question, or otherwise providing access to the goods or services affected by the barrier.
11. The United States alleges that the Theatre and the Café contain violations of the ADA Standards for new construction and alterations other than those designated to be corrected in ¶ 7 above. The United States also alleges that the Theatre and the Café contain architectural barriers other than those designated to be remedied by ¶ 7 above. The United States has chosen not to address these barriers in this Agreement. Ozark Entertainment does not admit or deny that any such other barriers exist. Should removal of any such barriers become readily achievable in the future, Ozark Entertainment will make a good faith effort to remove any such barriers.
12. In consideration of the promises made in ¶¶ 7 through 11 above, and except as provided in paragraphs 13 and 14, the United States agrees to close the investigation of Matter Number 202-43-19 concerning the Theatre and Café, and to refrain from bringing a civil action against Ozark Entertainment or Texas Café, Inc.

ENFORCEMENT

13. The United States may review compliance with this Agreement at any time and may enforce this Agreement if the United States believes that it or any requirement thereof has been violated. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with Ozark Entertainment and the parties will attempt to resolve the concern(s) in good faith. The United States will give Ozark Entertainment 30 days from the date it notifies Ozark Entertainment of any breach of this Agreement to cure that breach, prior to instituting any court action.
14. Failure by the United States to enforce any provision or deadline of this Agreement shall not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement.

ENTIRE AGREEMENT

15. This Agreement constitutes the entire agreement between the parties relating to Department of Justice No. 202-43-19. and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement shall be enforceable.

AUTHORITY TO BIND

16. This Agreement shall be binding on Ozark Entertainment, including all its principals, agents, and successors in interest, and employees, as well as any person acting in concert with Ozark Entertainment and Ozark Entertainment has a duty to so notify all such principals, agents, and successors. In the event Ozark Entertainment seeks to transfer or assign all or part of its interest in any 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 Ozark Entertainment shall obtain the written accession of the successor or assign to any obligations remaining under this agreement for the remaining term of this Agreement.

IMPLEMENTATION

17. This Agreement resolves all issues raised in United States’ Matter No. 202-43-19. It is limited to those issues and does not address Ozark Entertainment’s other obligations under the ADA, including physical access at any other facility or facilities owned, leased, or operated, now or in the future, by Ozark Entertainment.
18. The person signing this document for Ozark Entertainment represents that he is authorized to bind Ozark Entertainment to this Agreement.
19. Any notice required to be given pursuant to this Settlement Agreement shall be sent by overnight delivery, to the parties at the following addresses:
    1. If from Ozark Entertainment to the United States, to:

       John L. Wodatch, Chief
       L. Irene Bowen, Deputy Chief
       Disability Rights Section
       Civil Rights Division
       U.S. Department of Justice
       1425 New York Avenue, NW
       Suite 40390
       Washington, DC 20005

    2. If from the United States to Ozark Entertainment, to:

       David C. Agee, Esq.
       Blackwell Sanders
       901 St. Louis Street, Suite 1900
       Springfield, MO 65806

                    AND

       Ozark Entertainment, Inc.
       d/b/a Mickey Gilley Theatre
       3455 West State Highway 76
       Branson, MO 65616

20. The Effective Date of this Agreement is the date of the last signature below.
21. This Agreement shall remain in effect for three years from its Effective Date.

Agreed and Consented to by: