SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE RED RIVER VALLEY FAIR ASSOCIATION
DJ # 202-56-24

1. INTRODUCTION
   1. The parties to this Settlement Agreement (“Agreement”) are the United States of America (“United States”) and the Red River Valley Fair Association (“RRVFA”).
   2. The United States Department of Justice (“United States”) is responsible for enforcing Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189 and the relevant regulations implementing Title III, 28 C.F.R. pt. 36.
   3. The ADA prohibits public accommodations from discriminating against an individual on the basis of disability in the full and equal employment of its goods, services, facilities, privileges, advantages, or accommodations.  42 U.S.C. §§ 12182(a), (b)(1)(A)(i); 28 C.F.R. §§ 36.201(a), 36.202(a).  Discrimination may include the failure to make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless making the modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.  28 C.F.R. § 36.302(a).
2. BACKGROUND
4. This matter was initiated by a complaint filed with the United States alleging the RRVFA violated Title III of the ADA, 42 U.S.C. §§ 12181-12189, and its implementing regulations, 28 C.F.R. pt. 36.  Specifically, the Complainant, K.B., alleges that the RRVFA failed to modify its policy prohibiting outside food and drink as necessary to afford her son C.B., then an eight-year old child with Type 1 Diabetes, with the full and equal opportunity to enjoy the goods, services, facilities, privileges, advantages, and accommodations of the RRVFA.  K.B. alleged that on August 11, 2017, her family, including C.B., attempted to enter the Red River Valley Fairgrounds to attend a pyrotechnics show.  K.B. alleged that the gate attendant refused to allow the family to bring in peanut butter crackers, which the family carried in case C.B. needed a snack to maintain his blood sugar levels.  K.B. further alleges that while attending the pyrotechnics show, C.B.’s blood sugar level dropped, and the family had to provide a candy snack purchased at the Red River Valley Fairgrounds to correct the blood sugar issue, which had the unintended and dangerous consequence of causing C.B.’s blood sugar to rise too fast and too high.
5. Type 1 Diabetes is a physical impairment that substantially limits one or more major life activities, specifically endocrine function.  See 28 C.F.R. 36.105(d)(2)(iii)(H).  Accordingly, Type 1 Diabetes is a disability within the meaning of the ADA.  See 42 U.S.C. §12102; 28 C.F.R. § 36.105.
6. The RRVFA is a non-profit corporation that owns and operates the Red River Valley Fairgrounds.  The Red River Valley Fairgrounds facility is a place of public accommodation within the meaning of the ADA because it is a place of exhibition, entertainment, and public gathering.  42 U.S.C. §§ 12181(7)(C)-(D); 28 C.F.R. § 36.104.  The RRVFA is a public accommodation subject to the ADA’s requirements because it is private entity that owns and operates the Red River Valley Fairgrounds facility, a place of public accommodation.  42 U.S.C. 12182(a); 28 C.F.R. 36.104; 36.201(a).
7. The parties wish to amicably resolve this matter without litigation.  The United States believes that 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 and Enforcement section of this Agreement.
3. TERMS
8. Within sixty (60) days of the effective date of this Agreement, the RRVFA shall adopt the following “Outside Food and Drink Policy” to allow individuals with disabilities to obtain an exception to the RRVFA general prohibition against outside food and drink, upon request:

It is the policy of the Red River Valley Fair Association to prohibit patrons from entering a Grand Stand or Beer Garden event at the Fairgrounds with outside food or drink.  It is further the policy of the Red River Valley Fair Association to prohibit patrons from entering the Fairgrounds with outside food or drink when vendors are selling similar food or drink (other than alcohol) on the Fairgrounds.  However, consistent with its obligations under the Americans with Disabilities Act, the Red River Valley Fair Association will allow patrons to bring outside food or drink into the Fairgrounds at any time, if the patron states they need to enter the Fairgrounds with outside food or drink because of a disability.  If a patron states he or she has a disability, event staff will not ask the patron questions about his or her disability, nor will event staff ask the patron to present proof of a disability.  Event staff may limit the quantity of outside food and drink to a reasonable amount to be consumed by the patron with a disability during the event. 

9. Within sixty (60) days of the effective date of this Agreement, the RRVFA shall distribute the “Outside Food and Drink Policy” to all full-time employees and obtain a signature from each employee indicating that they have read and understand the “Outside Food and Drink Policy.”  The RRVFA shall maintain each employee’s signed copy in the employee’s personnel file, and agrees to present the signed copy to the United States upon request.  Within sixty (60) days of the effective date of this Agreement, the RRVFA shall also include a copy of the “Outside Food and Drink Policy” in its Employee Handbook.    
10. By June 1, 2020, the RRVFA shall distribute the “Outside Food and Drink Policy” to all RRVFA contract security guards via email, and require that each contract security guard respond to the email indicating they have read and understand the “Outside Food and Drink Policy.”  The RRVFA shall maintain each contract security guard’s acknowledgement electronically, and agrees to present the acknowledgement to the United States upon request. 
11. The RRVFA shall include a presentation on the “Outside Food and Drink Policy” in its annual orientation to part-time and temporary event staff prior to the start of the Red River Valley Fair.
12. Within sixty (60) days of the effective date of this Agreement, the RRVFA shall post and maintain a copy of the Outside Food and Drink Policy in a location visible to employees and event staff at all manned structural public admission points to the Fairgrounds, whether the structure is temporary or permanent. 
13. Within sixty (60) days of the effective date of this Agreement, the RRVFA shall post and maintain a copy of the Outside Food and Drink Policy in a location visible to employees and event staff at the RRVFA’s Fair Office, Ticket Office, Bar Office, Security Office, and Maintenance Shop.           
14. Within sixty (60) days of the effective date of this Agreement, the RRVFA shall include the “Outside Food and Drink Policy” on its event websites.
4. IMPLEMENTATION AND ENFORCEMENT
15. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil suit in this matter, except as provided in Paragraphs 16 and 17 below. 
16. The United States may review compliance with this Agreement at any time.  If the United States believes that the RRVFA has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written authorization from the United States for a modification of the relevant terms, the United States will so notify the RRVFA in writing, and will attempt to resolve the issue or issues in good faith. 
17. If the United States is unable to reach a satisfactory resolution using the process set out in Paragraph 16 of any issue or issues raised, it may institute a civil action in federal district court to enforce the terms of this Agreement or Title III and may seek any relief available under law.
18. Failure by the United States to enforce this Agreement with regard to any deadline or any other provision herein shall not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
19. This Agreement shall be binding on the RRVFA, its directors, employees, and staff.  
20. This Agreement constitutes the entire agreement between the United States and the RRVFA 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, shall be enforced.  This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law.  This Agreement does not affect the continuing responsibility of the RRVFA to comply with all aspects of the ADA. 
21. The person signing this Agreement for the RRVFA represents that he or she is authorized to bind the RRVFA to this Agreement.
22. This Agreement shall be a public document.  A copy of this Agreement or any information contained in it will be made available to any person, on request, by the RRVFA or the United States.
23. The effective date of this Agreement is the date of the last signature below.
24. This Agreement shall remain in effect for two years from its effective date. 

Jonathan T. Garaas
GARAAS LAW FIRM
DeMores Office Park
1314 23rd Street South
Fargo, North Dakota 58103-3796
garaaslawfirm@ideaone.net
(701) 293-7211
ND Bar Board ID No. 03080

FOR RED RIVER VALLEY FAIR ASSOCIATION:

/s/
Bryan K. Schulz, CFE, General Manager
Red River Valley Fair Association
1805 Main Avenue West
West Fargo, ND  58078
701-282-2200 (office)
bryan@redrivervalleyfair.com

FOR THE UNITED STATES:

DREW H. WRIGLEY
United States Attorney

/s/
TARA VAVROSKY IVERSEN
Assistant United States Attorney
MN Bar Board ID No. 0387790
655 First Avenue North, Suite 250
Fargo, ND  58102-4932
(701) 297-7400
tara.iversen@usdoj.gov
Attorney for the United States

Dated: 10/28/19