SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA,

PHOENIX SPEEDWAY CORP D/B/A
PHOENIX INTERNATIONAL RACEWAY,

AND

INTERNATIONAL SPEEDWAY CORPORATION

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ #202-8-82

1. The Parties to this Settlement Agreement (“Agreement”) are the United States of America (“the United States”) and Phoenix Speedway Corp d/b/a Phoenix International Raceway (“PIR”), which is a wholly owned subsidiary of the International Speedway Corporation (“ISC”), referred to collectively as “the Parties” throughout the Agreement.
2. The United States is authorized to enforce Title III of the Americans with Disabilities Act (“ADA”) by seeking damages, civil penalties, and compliance with Title III’s provisions. 42 U.S.C. § 12188(b); 28 C.F.R. §§ 36.502, 36.504. The Attorney General may commence a civil action to enforce Title III whenever the Attorney General believes that a pattern or practice of discrimination exists or a matter of general public importance is raised. 42 U.S.C. § 12188(b)(1)(B).
3. The Phoenix International Raceway is a sports facility that was constructed in 1964 and was purchased by PIR on June 19, 1997. It has a fixed seating capacity of approximately 51,000 and has 32,000 parking spaces. Phoenix International Raceway is a place of public accommodation covered by Title III of the ADA. 42 U.S.C § 12181(7). The Phoenix Speedway Corp is a public accommodation subject to the requirements of the ADA because it is the owner of PIR. 28 C.F.R. 36.104
4. The ADA prohibits public accommodations from discriminating against an individual on the basis of disability in the full and equal enjoyment of the entity’s goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201. Discrimination includes the failure to remove architectural barriers in existing facilities where such removal is readily achievable (42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304) and the failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities (42 U.S.C. § 12183(a)(2); 28 C.F.R. § 36.402).
5. This matter was initiated by complaints filed with the United States against the Phoenix International Raceway, which is located at 7602 South Avondale Boulevard, Avondale, Arizona 85323. In particular, the complaints alleged that designated seating and parking lots are inaccessible to spectators with disabilities.
6. The United States investigated the complaints and also initiated a compliance review of PIR pursuant to the Attorney General’s authority under 42 U.S.C. § 12188(b)(1)(A)(i). The United States reviewed information provided by PIR and conducted site visits at PIR on July 23, 2001; November 23, 2002; February 27, 2003; and July 28, 2006.
7. The United States identified a number of alleged ADA violations in a letter of violation to PIR dated October 24, 2003. The alleged violations found by the United States were in the grandstands, toilet rooms, parking lots, and accessible route to the grandstands. The alleged violations found by the United States are outlined in Appendices A and B of this Agreement, which are attached and are incorporated herein by reference.
8. PIR and ISC deny that the Phoenix International Raceway violates Title III of the ADA. PIR has made substantial capital improvements to its facilities, including, but not limited to the replacement of Bobby Allison Grandstand and the construction of additional accessible parking. As part of its ongoing capital improvements, PIR further intends to either replace or otherwise modify the A.J. Foyt and Richard Petty and Jimmy Bryan Grandstands.
9. Accordingly, as part of PIR’s ongoing capital improvements, in response to the complaints, and following the United States’ investigation, PIR has made and has agreed to continue to make renovations to enhance accessibility of its facilities.
10. The parties now desire to resolve this matter consistent with this Agreement.
11. Consistent with the ADA, PIR will not discriminate against any individual on the basis of disability, including those with mobility disabilities, in the full and equal enjoyment of its facilities and services, including by refusing to remove physical barriers to access where such removal is readily achievable.
12. PIR has agreed to modify the grandstand seating in the A.J Foyt and Richard Petty and Jimmy Bryan Grandstands and the path of travel to the A.J. Foyt and Richard Petty Grandstands. The alleged violations listed in Appendix A with respect to the Bobby Allison Suite, Buddy Jobe Suite Restrooms, Suite 104-Corporate Suite, First and Second Floor Suites, Terrace Club Suite 103, Suites BA-8, Main Ticket Counter, and PIR Designated Accessible Parking Spaces have been removed and have been found to be in compliance with the applicable ADA requirements.
13. The alleged violations listed in Appendix B relating to the A.J. Foyt, Jimmy Bryan, and Richard Petty Grandstands and the path of travel to the A.J. Foyt and Richard Petty Grandstands have not been removed, and PIR agrees it shall remove these alleged violations. Appendix B recites the alleged violations originally found by the United States with respect to the accessible seating and path of travel to these grandstands, under the 1991 ADA Standards for Accessible Design, 28 C.F.R. Part 36 App. D, with respect to those areas investigated. However, because PIR plans to remove these violations after March 15, 2012, PIR shall comply with the 2010 ADA Standards for Accessible Design, which have been added to column 2 of Appendix B. See 28 CFR § 36.104 (defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 CFR part 1191 and the requirements contained in subpart D of 28 CFR part 36). PIR shall submit to the United States an Initial Plan for the removal of the barriers listed in Appendix B no later than January 1, 2015.
14. The United States will then review the Initial Plan to ensure it is an acceptable solution for removal of the allegedly non-ADA compliant barriers to access listed in Appendix B. The United States shall respond to the Initial Plan within 90 days of its receipt or as soon as feasible thereafter. Upon approval of the Initial Plan by the United States, which approval shall not be unreasonably denied, PIR shall make the required changes, in accordance with the following timetables:
    1. In the event that PIR’s Initial Plan involves addressing the alleged barriers listed in Appendix B as part of a complete replacement or substantial reconstruction of the A.J. Foyt, Jimmy Bryan, and Richard Petty Grandstands, the required changes shall be completed no later than December 31, 2018.
    2. In the event that PIR’s Initial Plan involves addressing the alleged barriers listed in Appendix B in a manner that does not involve a complete replacement or substantial reconstruction of the A.J. Foyt, Jimmy Bryan, and Richard Petty Grandstands, the required changes shall be completed no later than March 1, 2017.
15. The parties acknowledge that replacement or other modification of the A.J. Foyt, Jimmy Bryan, and Richard Petty Grandstands and the path of travel thereto is contingent upon various external factors, including, but not limited to, local permitting or other regulatory requirements and the extension of public services to the Phoenix International Raceway. In the event that such factors or other condition of force majeure occurs to prevent PIR’s compliance with its obligations under this Agreement, PIR shall immediately notify the United States, and the parties shall confer in good faith regarding any necessary modification to this Agreement.
16. The United States may review compliance with this Agreement at any time. If the United States believes that PIR has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for a modification of the relevant terms, the United States will so notify PIR in writing, and the Parties will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within sixty (60) days of the date it provides notice to PIR, the United States may institute a civil action in federal district court to enforce the terms of this Agreement or the requirements of Title III of the ADA.
17. Failure by the United States to enforce this Agreement with respect to any deadline or other provision herein will not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
18. PIR and ISC are entering into this Agreement without acknowledging any fault, liability, or wrongdoing of any kind. Neither this Agreement nor any of its terms and provisions, nor any of the negotiations or proceedings connected with it, shall be construed as an admission of the truth of any of the assertions of the United States, or of liability, fault, or wrongdoing of any kind whatsoever. Further, nothing in this Agreement shall be deemed or construed to be an admission by PIR or ISC that any of its facilities fail to comply with the ADA or any other statute, rule, or regulation.
19. A copy of this document or any information contained in it may be made available by PIR, ISC, or by the United States to any person or to the public at large with or without request.
20. This Agreement constitutes the entire agreement between the Parties on the matters set forth herein, and no other statement, promise, or agreement, either written or oral, made by the Parties or agents of the Parties, that is not contained in this written Agreement (including its Appendices) will be enforceable. There shall be no modification of this Agreement without the written consent of the Parties. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect PIR’s or ISC’s continuing responsibility to comply with all aspects of the ADA.
21. This Agreement shall be binding on PIR, ISC, and their respective agents and employees. In the event that PIR seeks to transfer or assign all or part of its interest in any 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 PIR shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement.
22. No later than 180 days prior to the expiration of this Agreement, PIR and ISC shall certify to the United States, in writing, that they have fulfilled all of their obligations under this Settlement Agreement. PIR and ISC shall provide the United States with written documentation evidencing their completion of all corrective actions in sufficient detail for the United States to confirm independently that all work has been done in conformance with this Agreement. Such evidence may include, but is not limited to, color photographs, purchase orders, permits, and/or architectural drawings. PIR and ISC will allow representatives of the United States access to the PIR so the United States may monitor compliance with the certification and this Agreement.
23. The Agreement shall remain in effect for six years or until all actions required by the Agreement have been completed, whichever is later.
24. The persons signing this Agreement for the Parties represent that they are authorized to bind the Parties to this Agreement.
25. The effective date of the Agreement is the date of the last signature below.