SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
NOSEBEARD ENTERPRISES LLC D/B/A SLO SAFE RIDE

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Nosebeard Enterprises LLC d/b/a SLO Safe Ride (hereinafter “SLO Safe Ride”).
2. This matter was initiated by a complaint received by the United States Department of Justice, USAO Complaint No. 2016V00201, DJ No. 202-12C-559. The United States Attorney’s Office for the Central District of California (“USAO”) conducted an investigation under the authority granted the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12188(b).
3. The United States and SLO Safe Ride have reached an agreement that is in the parties’ best interests, and that the United States believes is in the public interest, to resolve this matter on mutually agreeable terms. The parties have therefore voluntarily entered into this Agreement, as set forth below.

TITLE III COVERAGE AND DETERMINATIONS

4. The Department of Justice is responsible for enforcing Title III of the ADA, 42 U.S.C. §§ 12181-89, and the relevant regulations implementing Title III, 28 C.F.R. Part 36 and 49 C.F.R. Parts 37 and 38. Title III provides that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.” 42 U.S.C. § 12184(a).
5. When a private entity that is primarily engaged in the business of transporting people and that operates a demand responsive transportation service purchases or leases a new vehicle (other than an automobile or a van with a seating capacity of less than eight passengers, including the driver), that vehicle must be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the system, when viewed in its entirety, meets the standard for equivalent service. 42 U.S.C. § 12184(b)(3) and 49 C.F.R. § 37.103(c).
6. A demand responsive system, when viewed in its entirety, shall be deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual, and is equivalent to the service provided other individuals with respect to response time, fares, geographic area of service, hours and days of service, availability of information, reservations capability, any constraints on capacity or service availability, or restrictions based on trip purpose. 42 U.S.C. § 12184(b)(3) and 49 C.F.R. § 37.105.
7. SLO Safe Ride is a private transportation company with its principal place of business at 284 Higuera Street, Suite D, San Luis Obispo, California 93401. SLO Safe Ride is a limited liability company registered in California.
8. SLO Safe Ride is a specified public transportation entity within the meaning of 42 U.S.C. § 12181(10) and 49 C.F.R. § 37.3. SLO Safe Ride is an operator of a demand-responsive transportation service within the meaning of 42 U.S.C. §§ 12181(3) and 49 C.F.R. § 37.3; an over-the-road bus (“OTRB”) operator within the meaning of 42 U.S.C. § 12181(5) and 49 C.F.R. § 37.3; and a Class II motor carrier within the meaning of 49 C.F.R. § 369.3.
9. SLO Safe Ride’s fleet consists of thirteen vehicles that were purchased after August 25, 1990 and after February 25, 1992: one 7-passenger van, three 14-passenger vans, two 19-passenger buses, one 24-passenger bus, one 25-passenger bus, one 28-passenger accessible bus, one 29-passenger bus, one 33-passenger bus, one 42-passenger bus, and one 56-passenger accessible bus. SLO Safe Ride purchased new the 7-passenger van and the 42-passenger bus; the other vehicles were used when SLO Safe Ride purchased them. The 42-passenger and 56-passenger busses are OTRB within the meaning of 42 U.S.C. § 12181(5) and 49 C.F.R. § 37.3.
10. Only two vehicles in SLO Safe Ride’s fleet, the 28-passenger and 56-passenger busses, are accessible to individuals who use wheelchairs. See 49 C.F.R. § 37.3 (defining accessible vehicle).  Because SLO Safe Ride purchased new the 7-passenger van, SLO Safe Ride was required to ensure that it was readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the system, when viewed in its entirety meets the standard for equivalent service of 49 C.F.R. § 37.105. See 49 C.F.R. § 37.103(d); 49 C.F.R. § 37.105 (describing the characteristics of equivalent service standard including, inter alia, response time, fares, geographic area of service, hours and days of service, and reservations capability). Although SLO Safe Ride was not required to purchase an accessible OTRB, SLO Safe Ride was required to ensure that any individual with a disability who requests service in an accessible OTRB receives such service. 49 C.F.R. § 37.189 (a), (b); 49 C.F.R. § 37.189 (c) (setting forth that an OTRB operator for demand-responsive systems may require up to 48 hours advance notice to providing an accessible OTRB).
11. The USAO determined that when members of the public inquire whether SLO Safe Ride has accessible vehicles or can provide accessible transportation services, SLO Safe Ride typically informs them that it can only provide a 28-passenger bus.  On limited occasions, SLO Safe Ride representatives, when asked, have advised members of the public that it also can provide a 4-passenger accessible van, which it rents from an alternative carrier.
12. The USAO also determined that SLO Safe Ride does not have an agreement with an alternative OTRB carrier to arrange for accessible service with advance notice of 48 hours.
13. Prior to receiving notice of the USAO’s investigation of the complaint, SLO Safe Ride did not ensure that its personnel were trained to proficiency, as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities. See 49 C.F.R. § 37.173.

ACTIONS TO BE TAKEN BY SLO SAFE RIDE

14. SLO Safe Ride will not exclude persons with disabilities from participation in, or deny them benefits of, transportation services in violation of Title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. Part 36 and 49 C.F.R. Parts 37 and 38.
15. SLO Safe Ride shall comply with all applicable requirements of accessible service and operations, including those contained in Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulations implementing Title III, 28 C.F.R. Part 36 and 49 C.F.R. Parts 37 and 38.
16. Within 60 days of the effective date of this Agreement, SLO Safe Ride shall draft policies, practices, or procedures, to be approved by the United States, that specify the means by which SLO Safe Ride will ensure that persons with disabilities receive accessible transportation on the day and at the time and place requested, including (1) equivalent service in lieu of its 7-passenger van and (2) the provision of an OTRB vehicle as specified in Paragraph 17. Such policies, practices or procedures shall provide that SLO Safe Ride will accommodate all requests for accessible service made with advance notice of 48 hours or more and that SLO Safe Ride will attempt to accommodate any such requests on shorter notice. Such policies, practices, or procedures shall provide that, when asked by members of the public which vehicles are accessible, SLO Safe Ride will inform them about the accessible vehicles it owns or can obtain from an alternative carrier described in Paragraph 17. Such policies, practices, or procedures shall identify the SLO Safe Ride employees (with their job titles) responsible for implementing those policies, practices or procedures and specify the method for documenting and handling requests for accessible services and accessibility-related complaints.
17. Within 60 days of the date of this Agreement, SLO Safe Ride shall provide the United States with a copy of its written agreement with an alternative OTRB carrier specifying the arrangement for accessible service to be provided with advance notice of 48 hours or more.
18. Within 60 days of the date of this Agreement, SLO Safe Ride shall draft a Service Request Form that is modeled on the provisions of 49 C.F.R. Part 37, Subpart H, Appendix A, and distribute those forms to all employees and contractors who are responsible for handling requests for accessible transportation. SLO Safe Ride, its employees, and its contractors shall use the Service Request Form to record all requests for accessible transportation service as required by Paragraph 16.
19. Within 90 days of the effective date of this Agreement, SLO Safe Ride shall train all employees and contractors about the requirements of the ADA and how they apply to SLO Safe Ride, including the policies, practices, and procedures to be adopted as the result of this Agreement, and shall provide the same training to newly hired employees and contractors within 30 days of hiring. SLO Safe Ride shall maintain records relating to all the trainings conducted pursuant to this paragraph, including the date and time the training occurred, the name of the individuals who attended such training, and the topics covered. The agenda and materials must be submitted to the United States for review, comment, and approval. The United States will respond within 30 days of receiving SLO Safe Ride’s submission.
20. Within 60 days of the effective date of this Agreement, SLO Safe Ride shall post a notice on its website and social media accounts, indicating its obligation to provide accessible transportation to persons with disabilities, how to reserve accessible transportation, and that it does not discriminate on the basis of disability in the provision of its transportation services. The notices shall be reviewed in advance by the United States and posted for the duration of the Agreement.
21. Every twelve months, for the duration of this Agreement, SLO Safe Ride will provide the United States written reports describing the activities SLO Safe Ride has taken to comply with Paragraphs 14–20 of this Agreement. Upon request, SLO Safe Ride will provide the United States all documentation underlying or related to SLO Safe Ride’s written reports.
22. During the duration of this Agreement, SLO Safe Ride will notify the United States if any individual brings any lawsuit, complaint, charge, or grievance alleging that SLO Safe Ride engaged in disability-based discrimination or denied its services to any individual with a disability. Such notification must be provided in writing within 15 days from when SLO Safe Ride received oral or written notice of the allegation and will include, at a minimum, the nature of the allegation, the name of the individual making the allegation, and any documentation possessed by SLO Safe Ride or any of its employees or staff relevant to the allegation.

IMPLEMENTATION

23. In consideration for entering this Agreement, the United States will refrain from undertaking further enforcement action relating to this investigation or from filing a civil action alleging discrimination based on the allegations set forth above. However, the United States may review SLO Safe Ride’s compliance with this Agreement or Title III of the ADA at any time. If the United States believes that any portion of this Agreement or Title III of the ADA has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce Title III of the ADA, following written notice to SLO Safe Ride of the possible violation and a period of 21 days in which SLO Safe Ride has the opportunity to cure the alleged violation.
24. Failure by the United States to enforce any provisions in this Agreement is not a waiver of its right to enforce other provisions of this Agreement.
25. If any term 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 SLO Safe Ride shall engage in good faith negotiations in order to adopt 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.
26. This Agreement is binding on SLO Safe Ride, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assigns. In the event that SLO Safe Ride seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, SLO Safe Ride will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.
27. The signatory for SLO Safe Ride represents that he or she is authorized to bind SLO Safe Ride to this Agreement.
28. This Agreement is the entire agreement between the United States and SLO Safe Ride on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, is enforceable. This Agreement can only be modified by mutual written agreement of the parties.
29. This Agreement is a public document. The parties agree and consent to the United States’ disclosure of this Agreement and information concerning this Agreement to the public subject to any applicable privacy laws.
30. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement changes SLO Safe Ride’s obligation to otherwise comply with the requirements of the ADA.
31. All documents and communications required to be sent to the United States under the terms of this Agreement shall be sent to the following individual by overnight courier or, where practicable, by e-mail:

    Acrivi Coromelas
    Assistant U.S. Attorney
    Civil Rights Section, Civil Division
    United States Attorney’s Office
    300 Los Angeles Street, Rm. 7516
    Los Angeles, CA  90012

EFFECTIVE DATE/TERMINATION DATE

32. The effective date of this Agreement is the date of the last signature below.
33. The duration of this Agreement will be three years from the effective date.

AGREED AND CONSENTED TO: