Settlement Agreement under the Americans with Disabilities Act of 1990
between the United States of America
and Sun City Summerlin Community, Inc.
for Complaint DJ# 202-46-44
I. Background
1. This action was initiated by a complaint filed with the United States Department of Justice (the "Department") against Sun City Summerlin Community Association, Inc. (the "Association") based on its ownership and operation of three golf courses. The complaint was investigated by the Department under the authority granted by section 308(b) of the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. § 12188.
2. The complaint alleged that the Association discriminated on the basis of disability against golfers with disabilities. Specifically, the complaint alleged that the Association refused requests to modify rules restricting golf cart use to allow persons with disabilities to use accessible carts that would permit them to play on the course and enjoy the goods, services, facilities, and privileges of the public accommodation.
3. The Association has cooperated in the government's investigation and has demonstrated its commitment to provide its services to persons with disabilities in the future. The Association denies that any action it has taken constitutes a violation of the ADA. This settlement agreement (“Agreement”) shall not be construed as an admission of liability by the Association.
4. The parties to this Agreement are the United States of America and Sun City Summerlin Association, Inc.
The parties hereby agree as follows:
II. Title III Coverage
5. The Association is a public accommodation as defined in section 301 (7) of the ADA, 42 U.S.C. § 12181, and its implementing regulation, 28 C.F.R. § 36.104. In part, the ADA requires public accommodations to provide an equal opportunity to participate in the goods, services, facilities, privileges, advantages, or accommodations of an entity, and to make reasonable modifications in policies, practices or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, as long as doing so does not fundamentally alter the nature of its goods and services, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302.
III. Actions To Be Taken by the Association
In order to provide an equal opportunity for persons with disabilities, the Association agrees to do the following:
6. The Association agrees to ensure that it will not, on the basis of disability, deny to any individual with a disability the opportunity to play its golf courses, and will modify any policies, practices, or procedures necessary to ensure equal opportunity to participate in golf activities to persons with disabilities unless to do so would require a fundamental alteration in the service provided.
7. The Association has established, and will continue to maintain, a written policy, attached as Exhibit A and herein incorporated by reference, which modifies certain golf cart restrictions in order to make golf courses accessible to golfers with disabilities.
8. Beginning on the effective date of this Agreement, all officials employed by or contracted by the Association who operates the golf courses will be trained about the terms of this Agreement and instructed to comply with its provisions.
IV. Implementation
9. Under section 308 (b)(l)(B) of the ADA, 42 U.S.C. § 12188(b)(l)(B), the Attorney General is authorized to bring a civil action under title III in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised. In consideration of this Agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing a title III civil suit in this matter.
10. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or provision thereof has been violated, it may institute a civil action in an appropriate federal district court, following written notice to the Association of the possible violation and a period of ten (10) days in which the Association has the opportunity to cure the alleged violation. In the event that a civil action is filed to enforce the terms of this Agreement, the Attorney General is authorized to seek the maximum civil penalties allowed by 42 U.S.C. § 12188(b)(2)(C).
11. This Agreement is a public document. A copy of this Agreement or any information contained herein may be made available to any person. The Association or the Department will provide a copy of this Agreement to any person upon request.
12. This Agreement will become effective as of the date of the last signature below, and shall remain effective for a term of five (5) years. The Agreement will be binding on the Association and its successors in interest. The owners and operators of the Association have a duty to so notify all such successors in interest.
13. The 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 as set forth in paragraphs one through two, and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the Association's continuing responsibility to comply with all aspects of the ADA.
14. A signatory to this Agreement in a representative capacity for a partnership, corporation, or other such entity represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.
For the United States:
RALPH F. BOYD, JR.,
Assistant Attorney General
Civil Rights Division
______________________
JOHN L. WODATCH, Chief
RENEE M. WOHLENHAUS, Deputy Chief
ROBERT J. MATHER, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 307-2236
Date: ___________April 16, 2002___
For Sun City Summerlin Association, Inc.
_____________________________
President
Sun City Summerlin Association, Inc.Date: ___________February 19, 2002___
Attachment--The Association's Policy
SUN CITY SUMMERLIN COMMUNITY ASSOCIATION, INC
AMERICANS WITH DISABILITIES ACT (ADA)
GOLF COURSE ACCESS POLICY
It is the policy of Sun City Summerlin Community Association, Inc. to provide access to golfers with disabilities in compliance with the Americans with Disabilities Act. Any person who qualifies as a person with a disability under the ADA will be given golf cart access to certain areas currently restricted and only accessible by persons walking on all three Sun City Summerlin Golf Courses, including Eagle crest, Highland Falls, and Palm Valley, in full compliance with the ADA.
Access will be denied to areas where safety is a concern or where the agronomic integrity of the golf courses is threatened based upon an explicit finding by the Director or Superintendent and provided in writing posted prominently in the clubhouse for the affected course, as well as at the affected location on the course. Also, from time to time, the Director or his or her designee may impose temporary restrictions as necessary for the maintenance for any of the three courses. Such maintenance includes but is not limited to, re-seeding, or repairs of damages including damage resulting from flooding or flash flooding.
Because all three golf courses in Sun City Summerlin are built on flood channels, and flash flooding can occur without warning, it will be necessary for all golfers who qualify under the Americans with Disabilities Act that are requesting special golf cart access pursuant to this policy to register in the pro shops where they are playing daily. Notice of any changes in the course will be given out at that time along with a special pass to be displayed in plain sight on the cart in which the qualified golfer is riding.
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April 26, 2002