SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE PLACE OF ANTIQUES
DJ # 202-44-38

I. INTRODUCTION

1. The parties to this Settlement Agreement are the United States of America and The Place of Antiques, located at 110 Mullan Gulch Road, St. Regis, Montana 59866.
2. The United States Department of Justice (the “Department”) is responsible for enforcing title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, and the regulation implementing title III, 28 C.F.R. pt. 36.
3. Title III of the ADA prohibits discrimination 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.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
4. The Place of Antiques operates a sales establishment that sells and buys antiques.  The Place of Antiques is place of public accommodation within the meaning of 42 U.S.C. § 12181(7)(e) and 28 C.F.R. § 36.104.

II. BACKGROUND

5. This matter was initiated by a complaint filed under title III of the ADA with the Department.  The Place of Antiques cooperated fully with the Department in this matter.
6. The complainant is a veteran with post-traumatic stress disorder (“PTSD”), anxiety, several traumatic brain injuries, and a mobility disability that causes him to lose sensation in his legs and affects his ability to stand at times.  The complainant uses a service animal. The complainant is an individual with disabilities, within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.105.
7. The complainant avoids anxiety provoking situations and confrontations that can trigger his PTSD.  On July 8, 2017, the complainant was in the St. Regis area attending a veterans’ workshop and mentoring other veterans with PTSD.  During a break, the complainant stopped at The Place of Antiques because he had seen antique tractor seats displayed outside of the store, which he thought might work for a bench project that he was building.  The complainant was accompanied by his service dog.  As he entered the store, a sales person behind the counter shook his head side to side indicating, “no”, and then said that the dog could not come into the store.  When the complainant attempted to explain that his dog is a service dog for a disability, the sales person continued to demand that the dog be left outside.  Another customer tried to intercede on the complainant’s behalf, but the sales person refused to listen.  The complainant and customer were both upset by the salesperson’s behavior and both immediately left the store.  They went to the complainant’ truck where the complainant was outwardly upset, trying to collect himself, and trying to restore his dignity.
8. Individuals with disabilities, including psychiatric or mobility disabilities, are protected by title III of the ADA.  42 U.S.C. § 12102; 28 C.F.R. § 36.105.
9. Title III of the ADA requires that public accommodations modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.  28 C.F.R. § 36.302(c). The Place of Antiques admits that it discriminated against the complainant when it refused to permit the complainant to use his service dog in The Place of Antiques. 
10. The Place of Antiques stated in response to the complainant’s allegations that it did not realize that the complainant’s dog is a service dog, and that it did not know that dogs trained to assist individuals with mobility or psychiatric disabilities are recognized under the ADA as service animals.
11. The parties wish to resolve this matter without litigation.  The United States believes that voluntary resolution of this matter through this Agreement is in the public interest.  In consideration of, and consistent with, the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil suit under title III in this matter, except as provided in the Implementation section of this Agreement.

III. REMEDIAL ACTION

12. Consistent with title III of the ADA, The Place of Antiques, Inc., will not discriminate against any individual on the basis of disability in the full and equal enjoyment of the services it provides by excluding or providing unequal treatment to persons with disabilities, including those who use service animals. 42 U.S.C § 12182; 28 C.F.R. §§ 36.201, 36.202.  Specifically, The Place of Antiques will modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 42 U.S.C. §12182(b)(2)(A); 28 C.F.R. §§ 36.302(a), (c).
13. Service Animal Policy: The Place of Antiques agrees that all persons with disabilities, including those accompanied by service animals, will be welcome in The Place of Antiques.  The Place of Antiques agrees to adopt and abide by the Service Animal Policy (Attachment A) attached to this Agreement.  The Place of Antiques will not refuse to admit a person with a disability because that person uses a service animal.  It also agrees that it will not charge a person with a disability any extra fee or ask a person with a disability to comply with any additional condition of service because they use a service animal.
14. Publication of Policy: Within fourteen (14) days of the effective date of this agreement, The Place of Antiques will prominently post the Service Animal Policy in its store.  The Place of Antiques will also post a notice on its Facebook page and in all future advertising to the extent it conducts such advertising, stating that The Place of Antiques welcomes individuals with disabilities and their service dogs, consistent with the ADA.  The Place of Antiques will provide a copy of the notice to the United States within ten (10) days of posting.
15. Training: The Place of Antiques ownership, management and staff will undergo training regarding the ADA requirements to accommodate individuals with disabilities who use service animals, including a review of the Department’s technical assistance document, Frequently Asked Questions About Service Animals and the ADA, available at: https://archive.ada.gov/regs2010/service_animal_qa.html.  The Place of Antiques will arrange for and ensure that appropriate training on the ADA and service animals is conducted within thirty (30) days of the effective date of this Agreement.  Thereafter, all new employees will be trained on the requirements of the ADA within thirty (30) days of their hire date.  The Place of Antiques will notify the Department when it has completed this training.
16. The Place of Antiques will not retaliate against or otherwise coerce any individual with a disability who uses a service dog for filing a complaint with the Department or otherwise exercising rights protected by the ADA. 42 U.S.C. § 12203(a).

IV.  IMPLEMENTATION

17. This Settlement Agreement cannot be modified or amended except in writing, agreed to and signed by the Parties. 
18. The United States may review compliance with this Agreement at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with The Place of Antiques and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issue(s) within thirty (30) days of the date the United States provides notice to The Place of Antiques, the United States may institute a civil action in an appropriate Federal District Court to enforce this Agreement or the requirements of title III. 
19. It is a violation of this Agreement for The Place of Antiques to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement.
20. Failure by the United States to enforce any provision or deadline in this Agreement shall not be construed as a waiver of the United States’ right to enforce any deadline or provision of this Agreement.  The Agreement, including Attachment A, 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.
21. This Agreement is limited to the facts set forth above and does not purport to remedy or resolve any other existing or potential violations of the ADA or any other local or Federal law.
22. This Agreement does not affect The Place of Antiques’ continuing responsibility to comply with all applicable aspects of title III of the ADA. 
23. A copy of this document or any information contained in it will be made available to any person by The Place of Antiques or the United States on request.
24. The effective date of this Agreement is the date of the last signature below.  This Agreement will remain in effect for three (3) years from the effective date of this Agreement.
25. The provisions of this Agreement shall be deemed severable, and any invalidity or unenforceability of any one or more of its provisions shall not affect the validity or enforceability of the other provisions herein.
26. The person signing this Agreement for The Place of Antiques represents that he or she isauthorized to bind The Place of Antiques to this Agreement.

ATTACHMENT A
POLICY REGARDING INDIVIDUALS WITH DISABILITIES AND SERVICE ANIMALS

The Place of Antiques is committed to providing service to customers with disabilities, including those individuals with disabilities who are accompanied by a service animal, in compliance with the Americans with Disabilities Act (ADA).  Service animals play an important role in ensuring the independence of people with disabilities.  The Place of Antiques welcomes customers who use service animals.

What is a Service Animal?

“Service animal” means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability.  Service animals come in all breeds and sizes.  A service animal may be trained either by an organization or by an individual with a disability, need not be certified or licensed, and provide a wide range of services that may or may not be identifiable, including but not limited to:

• assisting individuals who are blind or have low vision with navigation and other tasks;
• alerting individuals who are deaf or hard of hearing to the presence of people or sounds;
• pulling a wheelchair;
• assisting an individual during a seizure or alerting individuals to the presence of allergens;
• providing physical support and assistance with balance and stability to individuals with    mobility disabilities; and
• helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

Requirements with Regard to Service Animals

The Place of Antiques may ask the person who has the animal if it is a service animal required because of a disability, and what service, work, or task the animal has been trained to perform.  The Place of Antiques may not ask an individual with a disability for proof of his or her disability or for any information about his or her disability, nor may The Place of Antiques require proof or certification of the animal’s training or vaccination.  Service animals do not always have a sign, symbol, or harness indicating they are service animals.

Limited Exceptions

The Place of Antiques has the right to exclude a service animal from the store if the animal is out of control and the animal’s handler does not take effective action to control it or the animal is not housebroken.  The Place of Antiques may not refuse service to an individual with a disability who may normally be accompanied by a service animal, when he is not accompanied by the service animal.