SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES
OF AMERICA,
THE ATLANTA COMMITTEE FOR THE OLYMPIC GAMES, INC., AND
THE METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY
UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990
CONCERNING THE OLYMPIC STADIUM LOCATED IN ATLANTA, GEORGIA
INTRODUCTION
1. This Agreement (the "Agreement") is made and entered into by
the United States of America (the "United States"), the Atlanta
Committee for the Olympic Games, Inc. ("ACOG"), and the Metropolitan
Atlanta Olympic Games Authority ("MAOGA") (collectively, the United
States, ACOG, and MAOGA will be referred to hereinafter as the "Parties").
2. This Agreement resolves an investigation conducted by the United States
Department of Justice of ACOG and MAOGA under Titles II and III of the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12189 (the "Act"
or the "ADA"), concerning the Olympic Stadium (the "Stadium")
located in Atlanta, Georgia.
3. The resolution of this matter through this Agreement serves the Parties'
interests in securing the rights of individuals with disabilities by designing
and constructing an accessible Olympic Stadium.
4. The Parties agree as follows:
THE PARTIES
5. The term "Respondents" refers to both ACOG and MAOGA and their
parent companies, subsidiaries, departments, and/or agencies.
6. The term "the Department" refers to the U.S. Department of
Justice, and, because the Department is the designated enforcement authority
for the ADA under Titles II and III of the ADA, "the Department"
is used interchangeably with "United States."
7. MAOGA is a political subdivision created by the State of Georgia in 1989
for the purpose of "conducting and staging the Olympic summer games
in conjunction with the local organizing committee, . . . and to that end,
of acquiring, constructing, equipping, maintaining, and operating any facilities
within the state necessary or useful in the conduct of the Olympic Games."
Metropolitan Atlanta Olympic Games Authority Act, Ga. L. 1989 at 5078.
8. MAOGA is the current owner of the Stadium and the lessee of the Stadium
premises, which lease commenced on March 16, 1993, and terminates on or
about April 1, 1997, and, for purposes of this agreement only, with respect
to the ownership and lease of the Stadium premises and construction of the
Olympic Stadium thereon, MAOGA is a public entity within the meaning of
42 U.S.C. § 12131(1)(B) and 28 C.F.R. § 35.104, and is subject
to Title II of the ADA;
9. ACOG is a private corporation created to organize, conduct and stage
the 1996 Centennial Olympic Games (the "Olympic Games"). Pursuant
to a contractual agreement between ACOG and MAOGA, ACOG will manage the
construction of the Stadium and will occupy the Stadium during the Olympic
Games. During construction of the Stadium, and the hosting of the Olympic
Games, ACOG will be an operator of the Stadium, and ACOG has played a role
in the design and construction of the Stadium. Within the meaning of this
Agreement only, the Parties agree that, with respect to its role in regard
to the design, construction, operation, and occupation of the Stadium, ACOG
is an operator of a place of public accommodation within the meaning of
42 U.S.C. § 12182(a), and is a public accommodation within the meaning
of 28 C.F.R. § 36.104, and is subject to Title III of the ADA.
10. The Atlanta National League Baseball Club, Inc. ("the Braves")
owns and operates the Atlanta Braves, a National League baseball team that
plays its home games in Atlanta. The Braves have certain operating responsibilities
at the Stadium from the time construction is substantially complete until
April 1997 and beyond and will lease and operate the Stadium for a period
of up to 40 years, commencing in April 1997. Moreover, the Braves have participated
in the design of the Stadium with regard to its baseball configuration.
For purposes of this Agreement only, the Parties agree that the Braves operate
and lease a place of public accommodation within the meaning of 42 U.S.C.
§ 12182(a) and are a public accommodation within the meaning of 28
C.F.R. § 36.104 and are subject to Title III of the ADA.
THE STADIUM
11. The Stadium is a multi-use sports facility presently under construction.
It is designed for use as a venue for the Olympic Games (the "Olympic
configuration"), including serving as the location for the Opening
and Closing Ceremonies and track and field events. Further, the Stadium
is designed to be converted, after completion of the Olympic Games, into
a baseball stadium (the "baseball configuration") where the Braves
home games will be played.
12. The Stadium is a "stadium, or other place of exhibition or entertainment,"
and is, therefore, a public accommodation within the meaning of Title III,
42 U.S.C. § 12181(7)(C), and a place of public accommodation within
the meaning of 28 C.F.R. § 36.104. Because the Stadium is a non-residential
facility whose operations affect commerce it is also a commercial facility
within the meaning of Title III, 42 U.S.C. § 12181(2), and 28 C.F.R.
§ 36.104.
13. The Stadium is a building, structure, site, or complex, and is, therefore,
a "facility" within the meaning of 28 C.F.R. § 35.104 and
is covered by Title II.
14. The Stadium, in both its Olympic and baseball configurations, is being
designed and constructed for first occupancy after January 26, 1993, and
is, therefore, a newly constructed facility within the meaning of Title
III of the ADA, 42 U.S.C. § 12183(a)(1) and 28 C.F.R. § 36.401.
15. Construction of the Stadium began after January 26, 1992, and the Stadium
is, therefore, a newly constructed facility within the meaning of Title
II of the ADA, 42 U.S.C. § 12134(c) and 28 C.F.R. § 35.151(a).
16. The physical modifications that will be undertaken to convert the Stadium
from its Olympic to its baseball configuration constitute alterations as
defined by Titles II and III of the ADA, 42 U.S.C. § 12183(a)(2) and
28 C.F.R. §§ 35.151 and 36.402. See, 42 U.S.C. § 12132.
THE DEPARTMENT OF JUSTICE INVESTIGATION
17. The Department has informed the Respondents that this matter was initiated
by complaints filed with the Department by people with disabilities from
the Atlanta metropolitan area, alleging that the Stadium was not being designed
and constructed in compliance with the ADA. The complaints were investigated
by the Disability Rights Section (formerly known as the Public Access Section
and the Office on the Americans with Disabilities Act) and the Coordination
and Review Section of the Civil Rights Division of the Department of Justice,
under the authority granted by Sections 203 and 308(b) of the ADA, 42 U.S.C.
§§ 12133 and 12188(b).
18. From 1993 through the present, the Department conducted an in-depth
investigation (the Department's File No. DJ 202-19-11) into the design of
the Stadium. The investigation included several meetings, many telephone
conferences, an on-site visit, and the review of a vast number of design
documents which were at various stages in the development process.
19. The Parties acknowledge that the design and construction of the Olympic
Stadium is a complex undertaking that has lasted a period of years and has
involved modifications and refinements during the design and construction
process. Notwithstanding such ongoing changes, Respondents cooperated with
the Department's investigation by providing extensive design documents,
some of which Respondents assert were interim "progress" drawings
which had not yet been finalized. As a result, Respondents contend that
a number of the issues raised by the Department during the investigation
as asserted violations, would not have been included in the final construction
of the facility.
20. The Department asserts that MAOGA and ACOG have violated the new construction
and alterations provisions of Titles II and III of the ADA, respectively,
by designing, or by contracting with others to design the Stadium so that,
in both its Olympic and baseball configurations, it would not comply with
the new construction and alterations provisions of: (a) Titles II and III
of the ADA; and (b) the Department's implementing regulations for Titles
II and III, including the Standards for Accessible Design ("the Standards")
incorporated into the regulations and found at Appendix A to 28 C.F.R. Part
36.
21. Notwithstanding the assertions made by the United States, the Respondents
deny that they have violated the new construction or alterations provisions
of Titles II and III of the ADA with respect to the Stadium. Further, the
Respondents deny that they have violated the implementing regulations, including
the Standards. Nothing in this Agreement shall constitute an admission of
liability by Respondents.
22. Neither the making of this Agreement nor anything contained herein shall,
in any way, be construed or considered to be an admission by either of the
Respondents, or by any officials, contractors or agents of either of the
Respondents, of violation of any federal, state or local statute, any State
or municipal fire safety or building code, or of any other wrongdoing or
liability whatsoever.
23. The Parties have agreed to the terms of this Agreement in order to resolve
the Department's investigation, to avoid litigation, and to resolve their
disagreements concerning the interpretation of the ADA, which was enacted
in 1990 and became effective in 1992.
AGREEMENT WITH RESPECT TO THE NEW CONSTRUCTION
PROVISIONS OF TITLES II AND III
24. The Respondents agree to the following provisions:
Accessible Seating
Number of Wheelchair Seating Locations
a. To construct and alter the Stadium so that, in both its Olympic and baseball configurations, there are wheelchair seating locations in a number equal to at least one percent of the total number of seats in the Stadium in accordance with Sections 4.1.3(19)(a), 4.33.2, 4.33.3, 4.33.4, and 4.33.5 of the Standards and as set forth in the attached Exhibits 1(a), 1(b), and 2.
Companion Seating
b. To construct and alter the Stadium so that, in both its Olympic and baseball configurations, fixed companion seats will be located next to the wheelchair seating locations as referenced by Sections 4.1.3(19)(a) and 4.33.3 of the Standards and as set forth in the attached Exhibits 1(a), 1(b), and 2.
Provision of Lines of Sight
c. The United States contends that the Standards' requirement that comparable lines of sight be provided includes a requirement to provide wheelchair users with a line of sight over standing spectators. Respondents dispute that contention. Nevertheless, the Respondents agree to construct and alter the Stadium so that, in both its Olympic and baseball configurations, substantially all of the wheelchair seating locations will afford spectators seated in wheelchairs with a line of sight of the playing surface when spectators in rows in front of them stand, as referenced by Sections 4.1.3(19)(a) and 4.33.3 of the Standards and as set forth in the attached Exhibits 3(a) and 3(b).
Dispersal of Wheelchair and Companion Seating Locations
d. To construct and alter the Stadium so that, in both its Olympic and baseball configurations, the wheelchair and companion seating locations required by sub-section (a) of this Paragraph 24 will be dispersed throughout the seating areas as referenced by Sections 4.1.3(19)(a) and 4.33.3 of the Standards and as set forth in the attached Exhibits 1(a) and 1(b).
Restrooms
e. To construct the Stadium so that each of the toilet rooms will afford individuals with disabilities with 1) sufficient unobstructed turning space in accordance with Sections 4.1.3(11), 4.2.3, 4.2.4, 4.16.2, 4.17.3, 4.18.3, 4.19.3, and 4.22.3 of the Standards; and 2) sufficient clear floor space at lavatories in accordance with Sections 4.1.3(11), 4.2.4, 4.19.3, 4.22.2, 4.22.3, 4.22.4, and 4.22.6 of the Standards, and other accessibility features in accordance with Section 4.22 of the Standards and as set forth in the attached Exhibits 4(a) and 4(b).
f. To construct the Stadium so that each restroom contains a designated accessible stall that is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, in accordance with Sections 4.1.3(11), 4.16, 4.17, and 4.22.4 of the Standards and as set forth in the attached Exhibits 5(a), 5(b), and 5(c).
g. To construct the Stadium so that each restroom with 6 or more toilet stalls will contain an ambulatory stall that is 36 inches wide and is equipped with grab bars and a self-closing, outward swinging door in accordance with Sections 4.1.3(11), 4.22.4, and 4.26 of the Standards and as set forth in the attached Exhibit 6.
h. To construct the Stadium so that each toilet room designed for use by occupants of specific areas will be readily adaptable for accessibility in accordance with Sections 4.1.3(11) and 4.22 of the Standards and as set forth in the attached Exhibit 7.
Portable Toilets
i. That for all events occurring at the Stadium during the term of this Agreement for which portable toilets are used at least five percent but not less than one in each cluster of the portable toilets utilized will be readily accessible to and usable by individuals with disabilities in accordance with the requirements for standard stalls set forth at Sections 4.1.2(6), 4.16, 4.17.3, 4.22.4, and 4.26 of the Standards. If such an event takes place while the Stadium is utilized or operated by a third party, either as a result of a contract or any other arrangement, the Respondent(s) agrees to require that such third party comply with this provision of the Agreement.
Shower Stalls
j. To construct the Stadium so that each bathroom or shower room that contains showers is equipped with at least one shower that is readily accessible to and usable by individuals with disabilities in accordance with Sections 4.1.3(11), 4.21, 4.23.3, 4.23.8, 4.26, and 4.27.4 of the Standards and as set forth in the attached Exhibit 8.
Dressing Rooms
k. To construct the Stadium so that each dressing room is readily accessible to and usable by individuals with disabilities by being equipped with at least one 24 inch by 48 inch bench with its long side attached to a wall in accordance with Sections 4.1.3(21) and 4.35.4 of the Standards and as set forth in the attached Exhibit 9.
Locker Rooms
l. To alter the Stadium so that, in its baseball configuration, each locker room is equipped with at least one locker that provides storage space that is readily accessible to and usable by individuals with disabilities in accordance with Sections 4.1.3(12)(a), 4.2.4, 4.2.5, 4.2.6, 4.25, and 4.27.4 of the Standards and as set forth in the attached Exhibit 10.
Storage
m. To alter the Stadium so that, in its baseball configuration, coat rods and shelves are mounted at heights that are within the required reach ranges for persons who use wheelchairs in accordance with Sections 4.1.3(12)(a), 4.2.5, 4.2.6, and 4.25.3 of the Standards and as set forth in the attached Exhibit 11.
Ramps
n. To construct the Stadium so that each pedestrian ramp is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, in accordance with Sections 4.1.3(1), 4.3.8, 4.5.2, and 4.8 of the Standards and as set forth in the attached Exhibit 12.
Curb Ramps
o. To construct the Stadium so that the curb ramps will be readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, in accordance with Sections 4.1.2(2), 4.3.8, 4.5.2, and 4.7.5 of the Standards and as set forth in the attached Exhibits 13(a) and 13(b).
Accessible Routes
General
p. To construct the Stadium so that an accessible route will connect the accessible buildings, facilities, elements, and spaces on the site in accordance with Sections 4.1.2(2) and 4.3 of the Standards and as set forth in the attached Exhibits 13(a), 13(b), 14(a) and 14(b).
q. To construct the Stadium so that an accessible route will connect any required accessible parking spaces owned, leased, or operated by the Respondent(s) to the entrance of the Stadium in accordance with Sections 4.1.2(1) and 4.3 of the Standards and as set forth in the attached Exhibits 13(a) and 13(b).
r. To construct the Stadium so that an accessible route will connect accessible entrances to the Stadium with accessible spaces and elements within the Stadium in accordance with Sections 4.1.3(1) and 4.3 of the Standards and as set forth in the attached Exhibits 14(a) and 14(b).
The Dugouts
s. To alter the Stadium so that, in its baseball configuration, there is an accessible route to each dugout from the playing field and from their respective locker rooms by equipping the dugouts with platform lifts as referenced by Sections 4.1.3(5)(Exception 4(a)), 4.2.4, 4.5, 4.11, and 4.27 of the Standards and as set forth in the attached Exhibit 15.
Club Level Restaurant
t. To alter the Stadium, so that in its baseball configuration, each level of the Club Level Restaurant will be accessible, through use of a platform lift, to people with disabilities who cannot climb or descend stairs. Sections 4.2.4, 4.5, 4.11, and 4.27 of the Standards, any applicable State or local codes, and as set forth in the attached Exhibit 16 will govern the design and installation of this platform lift.
Photographers' Moat
u. To construct the Stadium so that there will be located a total of five fixed stations that are accessible to photographers with disabilities who cannot climb or descend stairs. These stations will be at field level and will, therefore, be located on an accessible route as referenced by Sections 4.1.3(1) and 4.3 of the Standards and as set forth in the attached Exhibits 1(a) and 17.
v. To implement procedures whereby photographers with mobility impairments (who are credentialed to use the moat but who may not be able to do so because of their mobility impairment) will be provided with either: (i) a fixed position (as described in sub-paragraph u above) along the perimeter of the moat; or (ii) a fixed position (as described in sub-paragraph u above) and a limited range of mobility at certain locations along the perimeter of the moat. The operational procedures concerning the moat and credentialed photographers with mobility impairments are attached hereto as Exhibit 18.
Camera Platforms
w. To construct the Stadium so that one or more of the camera platforms are located along an accessible route as referenced by Sections 4.1.3(1) and 4.3 of the Standards and as set forth in the attached Exhibits 1(a), 19(a) and 19(b).
Stairways
x. To construct the Stadium so that stairways which are required to be readily accessible are usable by individuals with disabilities by, among other things, ensuring that the handrails extend past the top and bottom risers for a sufficient distance in accordance with Sections 4.1.3(4) and 4.9.4 of the Standards and as set forth in the attached Exhibit 20.
Protruding Objects
y. To construct the Stadium so that it will not contain protruding objects without the presence of cane detectable barriers in accordance with Sections 4.1.2(3), 4.1.3(2), and 4.4.1 of the Standards and as set forth in the attached Exhibit 21.
Clear Headroom
z. To construct the Stadium so that it will not contain any protruding objects that interfere with the required clear headroom without the presence of cane detectable barriers in accordance with Sections 4.1.2(3), 4.1.3(2), and 4.4.2 of the Standards and as set forth in the attached Exhibit 21.
Doors
aa. To construct the Stadium so that required doors afford sufficient clear maneuvering space to be readily accessible to and usable by individuals with disabilities in accordance with Sections 4.1.3(7), and 4.13.6 of the Standards and as set forth in the attached Exhibits 22(a) and 22(b).
bb. To construct the Stadium so that required doors will provide sufficient clear width when opened in accordance with Sections 4.1.3(7), 4.13.4, and 4.13.5 of the Standards and as set forth in the attached Exhibit 23.
Parking
cc. To construct the Stadium so that any automobile parking provided for events at the facility on property owned, leased, or operated by Respondent(s) contains the required number of accessible and van accessible parking spaces in accordance with Sections 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, and 4.6.5 of the Standards and as set forth in the attached Exhibit 24.
Automatic Teller Machines
dd. To the extent automatic teller machines are installed at the Stadium, to install them so that the required number of automatic teller machines will be accessible to individuals with disabilities in accordance with Sections 4.1.3(20) and 4.34 of the Standards.
Visual Alarms
ee. To construct the Stadium so that any room or area equipped with single station audible alarms will also be equipped with single station visual alarms in accordance with Sections 4.1.3(14) and 4.28.3 of the Standards and as set forth in the attached Exhibit 25. This sub-paragraph does not apply to the Stadium's public address system.
Employee Work Areas
ff. To construct the Stadium so that employee work areas are readily accessible to and usable by individuals with disabilities with regard to their ability to approach, enter, and exit those areas in so far as such accessibility is required in accordance with Sections 4.1.1(3) and 4.1.1(5)(b) of the Standards and as set forth in Exhibit 26. This subsection specifically does not apply to the camera platforms, the photographers' moat or the press areas in the Stadium, which the Department does not consider to be "employee work areas".
a. That the United States District Court for the Northern District of Georgia has personal and subject matter jurisdiction over this Agreement, the matters set forth in it, and the Parties to it;
b. That, as to Respondents' Agreement to undertake the actions expressly described in Paragraph 24 of this Agreement, the Department shall be entitled to enforcement of said terms of the Agreement and, in the event the Court concludes that Respondents, or any of them, have failed to fulfill their commitments in Paragraph 24 hereof, such breach shall be treated as if it had been a violation under Subsection 308(b)(2)(C)(ii) of the ADA, and said Respondents shall be liable, in the Court's discretion, to the United States for such equitable and/or monetary relief as is appropriate under Section 308(b)(2)(A) and (B) of the ADA, and, also in the Court's discretion, for a civil penalty, under Subsection 308(b)(2)(C)(ii). In considering what amount of civil penalty, if any, is appropriate, the Court shall consider the Respondent(s)' good faith efforts or attempts to comply with the ADA, as articulated in Section 308(b)(5) of the ADA.
Josie A. Alexander, Esq.
Alexander & Associates
230 Peachtree Street, N.W.
Suite 1400
Atlanta, Georgia 30303
Horace H. Sibley
King & Spalding
191 Peachtree Street, N.E.
Atlanta, Georgia 30303-1763
C. Geoffrey Weirich, Esq.
Paul, Hastings, Janofsky & Walker
Suite 2400
600 Peachtree Street, N.E.
Atlanta, Georgia 30308
John L. Wodatch, Section Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
UNITED STATES OF AMERICA
JANET RENO
Attorney General
U.S. Department of Justice
Date:
By:
DEVAL L. PATRICK
Assistant Attorney General
KERRY ALAN SCANLON
Deputy Assistant Attorney General
Civil Rights Division
Date:
JOHN L. WODATCH
Chief
L. IRENE BOWEN
Deputy Chief
JOSEPH C. RUSSO
Attorney
D.C. Bar No. 432249
TROY R. JUSTESEN
Paralegal/Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
(202) 307-2229
ATLANTA COMMITTEE FOR THE OLYMPIC GAMES, INC.
Date:
By:
WILLIAM PORTER PAYNE
As: Chief Executive Officer and
President
250 Williams Street, Suite 6000
P.O. Box 1996
Atlanta, Georgia 30301-1996 USA
(404) 224-1996
Date:
By:
A.D. FRAZIER, JR.
As: Chief Operating Officer
250 Williams Street, Suite 6000
P.O. Box 1996
Atlanta, Georgia 30301-1996 USA
(404) 224-1996
Approved and Recommended for the Atlanta Committee for the Olympic Games, Inc.:
Date:
By:
MARVA JONES BROOKS, ESQ.
Georgia Bar No. 85150
ARNALL GOLDEN & GREGORY
2800 One Atlantic Center
1201 W. Peachtree Street, N.W.
Atlanta, Georgia 30309-3400
(404) 873-8500
JOSIE A. ALEXANDER, ESQ.
Georgia Bar No. 008886
ALEXANDER & ASSOCIATES
230 Peachtree Street, N.W.
Suite 1400
Atlanta, Georgia 30303
(404) 614-0001
HORACE H. SIBLEY, ESQ.
Georgia Bar No. 644800
KING & SPALDING
191 Peachtree Street, N.E.
Atlanta, Georgia 30303-1763
(404) 572-4600
METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY
Date:
By:
RICHARD MONTEILH
As: Executive Director
250 Williams Street
Suite 6200
Atlanta, Georgia 30303
(404) 332-9791
Approved and Recommended for the
Metropolitan Atlanta Olympic Games
Authority:
Date:
By:
C. GEOFFREY WEIRICH, ESQ.
Georgia Bar No. 746455
WILLIAM E. EASON, ESQ.
Georgia Bar No. 237600
PAUL, HASTINGS, JANOFSKY & WALKER
Suite 2400
600 Peachtree Street, N.E.
Atlanta, Georgia 30308
(404) 815-2400
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