SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
RIVERVIEW THEATER, LLC
DJ # 202-14-241

The parties to this agreement (“Agreement”) are the United States of America and Riverview Theater, LLC (“Riverview”).  The parties hereby agree as follows:

  1. BACKGROUND AND JURISDICTION
    1. Riverview is the owner/operator of the Riverview 8 Cinemas (the “Cinemas”) located at 690 Main Street South, Southbury, Connecticut.
    2. The United States Attorney’s Office for the District of Connecticut, a component of the United States Department of Justice (“United States”), opened an investigation of the Cinemas facility pursuant to Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12181-12189, and its implementing regulations, 28 C.F.R. pt. 36.  The United States initiated its investigation upon the receipt of a complaint from an individual regarding lack of accessibility at the Cinemas.    
    3. The United States is authorized to investigate alleged violations of Title III of the ADA.  Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes.  If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or where the case raises an issue of general public importance.  42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 36.503, 36.506. 
    4. Title III of the ADA mandates that “[n]o individual shall be discriminated against 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 by any person who owns, leases (or leases to), or operates a place of public accommodation.”  42 U.S.C. § 12182(a).
    5. The Cinemas facility is a place of public accommodation within the meaning of Title III because it is “a motion picture house, theater, concert hall, stadium, or other place of exhibition and entertainment.”  42 U.S.C. § 12181(7)(C).  Riverview, as the owner and operator of the Cinemas, is a public accommodation subject to the requirements of Title III of the ADA.  28 C.F.R. § 36.104.
    6. The Cinemas facility was designed and constructed after March 15, 2012 and is new construction within the meaning of 28 C.F.R. § 36.401 and must comply with the new construction standards of the ADA and the 2010 ADA Standards for Accessible Design  (“2010 Standards”), unless structurally impracticable.
    7. The United States reviewed information provided by Riverview, and conducted a site visit of the Cinemas facility on April 24, 2019.  The United States used the ADA Standards for Accessible Design, specifically, the 2010 Standards defined at 28 C.F.R. § 36.104, to identify ADA violations, which were shared with Riverview. 
  2. REMEDIAL ACTIONS TO BE TAKEN BY RIVERVIEW
    1. Riverview will make the following modifications to remedy violations of the ADA Standards at the Cinemas facility:
      1. Parking.  Within two months of the execution of this Agreement, Riverview shall:
        1. stripe two additional designated accessible parking spaces on the shortest accessible route to the accessible entrance of the Cinemas in accordance with the 2010 Standards §§ 208.2, 208.2.4 and 502.1; and
        2. ensure that signs identifying the designated accessible parking spaces at Mercato, Waterbury Health, and the Cinemas facility include the International Symbol of Accessibility and are 60 inches minimum above the ground surface measured to the bottom of the sign in accordance with the 2010 Standards §§ 216.5, 502.6 and 703.7.2.1.
      2. Theater Exits.  Within one month of the execution of this Agreement, Riverview shall ensure that there are tactile signs identifying the theater exits in raised characters and braille in accordance with the 2010 Standards §§ 216.4.1, 703.1, 703.2, and 703.5.
      3. Theater Lobby Seating.  Within six months of the execution of this Agreement, Riverview shall ensure that at least five percent of the seats in the theater lobby seating area are located at accessible dining surfaces complying with the 2010 Standards § 902.
      4. Hearing Aid Compatible Receivers.  Within three months of the execution of this Agreement, Riverview shall provide a minimum of 7 receivers that are hearing aid compatible in addition to the 27 headphone receivers for use with the theater’s current infrared assistive listening system in accordance with the 2010 Standards §§ 219.3 exception 1, 706.2, and 706.3.
      5. Service Counter at Double Twister Café.  Within six months of the execution of this Agreement, Riverview shall ensure that there is a portion of the service counter at Double Twister Café that is 36 inches long minimum and 36 inches high maximum above the finish floor provided for a parallel approach, which extends the same depth as the sales counter top in accordance with the 2010 Standards §§ 227.3, 904.4, and 904.4.1.
      6. Theater Auditorium Doors.  Promptly, but no later than one month following the execution of this Agreement, Riverview shall reduce the force for pushing or pulling open theater auditorium interior doors (other than fire doors) to a maximum of 5 pounds in accordance with the 2010 Standards §§ 206.5.2 and 404.2.9.
      7. Theater Auditorium Signage.  Within one month of the execution of this Agreement, Riverview shall provide tactile signage located 48 inches minimum above the finish floor, measured from the baseline of the lowest tactile character and 60 inches maximum above the finish floor, measured from the baseline of the highest tactile character, containing raised characters that are duplicated in braille and identifying the theater auditorium numbers in accordance with the 2010 Standards §§ 216.2, 703.1, 703.2, and 703.5.
      8. Lobby Men’s and Women’s Toilet Rooms Entrances.  Promptly, but no later than one month following the execution of this Agreement, Riverview shall:
        1. remove any trash cans obstructing the door maneuvering clearances on the pull side of the doors so that the maneuvering clearances perpendicular to the doors are 60 inches minimum for a forward approach to the pull side of the doors in accordance with the 2010 Standards §§ 206.5.2 and 404.2.4.1; and
        2. reduce the force for pushing or pulling open the lobby men’s and women’s toilet room interior doors (other than fire doors) to a maximum of 5 pounds in accordance with the 2010 Standards §§ 206.5.2 and 404.2.9.
      9. Lobby Men’s and Women’s Toilet Room Interiors.  Within six months of the execution of this Agreement, Riverview shall:
        1. place a permanent fixture underneath the hand dryer, which would otherwise constitute a protruding object, and ensure that objects with leading edges more than 27 inches and not more than 80 inches above the finish floor protrude no more than 4 inches maximum horizontally into the circulation path in accordance with the 2010 Standards §§ 204.1 and 307.2;
        2. place a door pull on both sides of the doors to the designated accessible toilet compartments near the latches in accordance with the 2010 Standards §§ 213.2, 213.3.1, 604.8.1.2, and 404.2.7;
        3. relocate the flush controls to the open side of the water closets in accordance with the 2010 Standards §§ 213.2, 213.3.2, and 604.6; and
        4. build out the side wall of the designated accessible toilet room compartment of the women’s toilet room to ensure that the side wall shall be 16 inches minimum to 18 inches maximum from the water closet in accordance with the 2010 Standards §§ 213.2, 213.3.2, and 604.2.
      10. Lobby Unisex Toilet Room.  Within one month of the execution of this Agreement, Riverview shall ensure that the mirror located above the lavatory is installed with the bottom edge of the reflecting surface 40 inches maximum above the finish floor in accordance with the 2010 Standards §§ 213.2, 213.3.5, and 603.3.
      11. Auditorium Corridor Men’s and Women’s Toilet Room Entrances.  Promptly, but no later than one month following the execution of this Agreement, Riverview shall:
        1. remove any trash cans obstructing the door maneuvering clearances on the pull side of the auditorium corridor men’s and women’s toilet room doors so that the maneuvering clearances perpendicular to the doors are 60 inches minimum for a forward approach to the pull side of the doors in accordance with the 2010 Standards §§ 206.5.2, 404.2.4.1; and
        2. reduce the force for pushing or pulling open the auditorium corridor men’s and women’s toilet room interior doors (other than fire doors) to a maximum of 5 pounds in accordance with the 2010 Standards §§ 206.5.2, 404.2.9.
      12. Auditorium Corridor Men’s and Women’s Toilet Room Interiors.  Within six months of the execution of this Agreement, Riverview shall:
        1. replace the designated accessible toilet compartment door partitions so that the door opening of the front partition is 4 inches maximum from the side wall or partition farthest from the water closet in accordance with the 2010 Standards §§ 213.2, 213.3.1, and 604.8.1.2;
        2. place a door pull on both sides of the doors to the designated accessible toilet compartments near the latches in accordance with the 2010 Standards §§ 213.2, 213.3.1, 604.8.1.2, and 404.2.7; and
        3. relocate the flush controls to the open side of the water closets in accordance with the 2010 Standards §§ 213.2, 213.3.2, and 604.6.
    2. Alterations
      1. Any future alterations, as defined in 42 U.S.C. § 12183 and 28 C.F.R. § 36.402(b), made to the Cinemas facility and not described in this Agreement shall comply in all respects with the ADA, its implementing regulations, and the 2010 Standards. 
      2. If an alteration affects or could affect the usability of or access to an area of the facility that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered areas are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.  42 U.S.C. § 12183(a); 28 C.F.R. § 36.403. 
  3. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
    1. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit for failure to comply with Title III of the ADA at the Cinemas; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement.
    2. The United States does not assert that this Agreement or the modifications contemplated herein will bring the Cinemas facility into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States.  Rather, the parties enter into this Agreement for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation.  This Agreement is a compromise and it shall not be used or introduced into evidence in any other case or proceeding other than between the parties to this Agreement.
    3. The United States may review compliance with this Agreement at any time.  Upon reasonable advance notice to Riverview, Riverview shall permit the United States and any person acting on its behalf unlimited access to the Cinemas to review compliance with the ADA and this Agreement.
    4. If the United States believes that Riverview has violated this Agreement or any requirement thereof, it agrees to notify Gail McTaggart, Secor, Cassidy and McPartland, 41 Church Street, Waterbury, Connecticut, 06702, in writing of the specific violation(s) alleged.  Riverview shall have 30 days from its receipt of the notice to cure and/or respond in writing to the United States the alleged violation(s). 
    5. Riverview shall provide certifications to the United States, every six months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that Riverview has agreed to correct have been so corrected.  Riverview shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Cinemas facility did not comply with the ADA or that individuals with disabilities at the facility were subject to discrimination on the basis of disability.  The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
    6. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

      7. Jessica H. Soufer, Assistant U.S. Attorney
      U.S. Attorney’s Office
      157 Church Street, 25th Floor
      New Haven, CT 06510
      email: jessica.soufer@usdoj.gov

    7. This Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person.
    8. Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement.
    9. 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, shall be enforceable.  This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the ADA, including violations of the alterations or new construction provisions of the ADA, or any other Federal law.  This Agreement does not affect the continuing responsibility of Riverview and the Cinemas to comply with all aspects of the ADA.      
    10. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and Riverview shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
    11. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
    12. In the event Riverview seeks to transfer, or assign all or part of its interest or lease the premises, as a condition of sale, assignment, or lease, Riverview shall obtain the written accession of the successor, assignee, or lessee, to any obligations remaining under this Agreement for the remaining term of the Agreement.
    13. The Effective Date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for three years from the Effective Date.

      14. FOR THE UNITED STATES:

      JOHN H. DURHAM
      United States Attorney for the District of Connecticut

      By: /s/
      JESSICA H. SOUFER
      Assistant United States Attorney
      157 Church Street, 25th Floor
      New Haven, CT 06510

      Dated: 11/22/19

      FOR RIVERVIEW, LLC

      /s/
      ROBERT LaFLAMME
      Manager/Member
      Riverview Theater, LLC

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