SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN THE UNITED STATES OF AMERICA
NPSOLUTIONS, INC., OWNER AND OPERATOR
OF THE SUPER 8 HOTEL IN LISBON, N.D.
D.J. NO. 202-56-22

I. INTRODUCTION

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America and NPSolutions, Inc., owner and operator of the Super 8 in Lisbon, North Dakota (“Lisbon Super 8”).  The Lisbon Super 8 is located at 724 Main Street, Lisbon, North Dakota, 58054.
2. The United States Department of Justice (the “Department”) 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. Title III of the ADA prohibits discrimination on the basis of a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
4. The Lisbon Super 8 facility is a place of public accommodation within the meaning of the ADA, 42 U.S.C. § 12181(7)(A) and 28 C.F.R. § 36.104 and subject to the requirements of the ADA.  42 U.S.C. § 12182(a) and 28 C.F.R. § 36.201.  NPSolutions, Inc. is a public accommodation subject to the ADA’s requirements because it is a private entity that owns and operates the Lisbon Super 8 facility, a place of public accommodation.  42 U.S.C. 12182(a); 28 C.F.R. 36.104; 36.201(a).  

II. Background

5. This matter was initiated with the Department by a complaint filed under title III of the ADA.  Specifically, the Complainant, K.F., who is a person with a disability and uses a service animal, stated that on or around July 13, 2017, she attempted to stay at the Lisbon Super 8, and notified the Lisbon Super 8 staff she uses a service animal.  K.F. alleges the hotel staff told her that the Lisbon Super 8 does not allow service animals on its property and only makes exceptions for “seeing-eye dogs.” 
6. Because Lisbon Super 8 staff would not permit K.F. to stay at the facility with her service animal, K.F. travelled over 80 miles away to stay at another Super 8 facility that appropriately accommodated her service animal.  K.F. needed to be in Lisbon, North Dakota for a job interview, and as a result of actions by the Lisbon Super 8 staff, she experienced emotional distress and was greatly inconvenienced, and is thus an aggrieved person under the ADA.  42 U.S.C. 12182.    
7. NPSolutions, Inc., admitted that a Lisbon Super 8 staff member did not permit K.F. to stay at the hotel with her service animal and informed K.F. that it only made accommodations for “seeing-eye dogs.” 
8. 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 section of this Agreement.

III. Remedial Action

9. Consistent with the ADA, NPSolutions, Inc. will ensure that it will not discriminate against any individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the Lisbon Super 8 hotel, and shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 28 C.F.R. §§ 36.201, 36.302(c).
10. NPSolutions, Inc. will adopt and implement the policy attached as Attachment A (“Service Animal Policy”) at the Lisbon Super 8 facility.  NPSolutions, Inc. will provide a paper copy of the Service Animal Policy set forth in Attachment A to each employee at the Lisbon Super 8 facility that interacts with customers, and will obtain each employee’s signature denoting they have reviewed and understand the Service Animal Policy.  NPSolutions, Inc. will maintain a copy of each signed Service Animal Policy. 
11. Within 60 days of the effective date of this Agreement, NPSolutions, Inc. will train all Lisbon Super 8 employees who interact with customers regarding the Service Animal Policy, and their respective obligations pursuant to the Policy.  The training will also include basic information about the ADA’s requirements regarding individuals with disabilities who use service animals.  NPSolutions, Inc. will notify the Department when it has completed this training. 
12. Within 30 days of the effective date of this Agreement, NPSolutions, Inc. will post a notice at the Lisbon Super 8 facility regarding its Service Animal  Policy, (“Notice””), attached as Attachment B, in an area where employees can view it.  NPSolutions, Inc. will also post a notice in a conspicuous area of the hotel lobby, where members of the public can see it, that indicates that service animals are welcome at the Lisbon Super 8. 
13. NPSolutions, Inc. will immediately inform the United States, through the United States Attorney’s Office for the District of North Dakota, if it receives any complaints alleging that an individual accompanied by a service animal was denied access or otherwise treated in a manner inconsistent with the Service Animal Policy of the Lisbon Super 8.  NPSolutions, Inc. shall maintain records of the actions taken, if any, to address such complaints, which shall be made available to the United States upon request.
14. NPSolutions, Inc. will not retaliate against or otherwise coerce any individual with a disability who uses a service dog for filing a complaint with the Department or otherwise exercising rights protected by the ADA regarding the Lisbon Super 8 hotel. 42 U.S.C. § 12203(a).

IV. MONETARY RELIEF

15. NPSolutions, Inc. agrees to pay $1,000 to compensate K.F.  Within seven days after the effective date of this Agreement, the United States shall send to K.F. a copy of this signed Agreement, along with a Release of Claims (Attachment C).  To accept the relief offered by NPSolutions, Inc., K.F. must execute and return the Release of Claims to the United States.  The United States will provide a copy of the Release of Claims to NPSolutions, Inc. 
16. Within seven days after the United States sends NPSolutions, Inc. a copy of the Release of Claims, NPSolutions, Inc. will send a check made payable to K.F. (whose name will be provided separately by the United States to NPSolutions, Inc.) for the total compensation amount.

V. IMPLEMENTATION

17. This Settlement Agreement cannot be modified or amended except in writing, agreed to by the Parties. 
18. The United States may review compliance with this Agreement at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise concerns with NPSolutions, Inc. and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issues raised within 30 days of the date that the United States provides notice to NPSolutions, Inc., the United States may institute a civil action in the appropriate court to enforce this Agreement or the requirements of title III. 
19. Failure by the United States to enforce any provision or deadline in this Agreement shall not be a waiver of the United States’ right to enforce any deadline or provision of this Agreement.
20. The Agreement, including Attachments, 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, will be enforceable under its provisions. 
21. This Agreement is limited to the facts set forth above and does not purport to remedy or resolve any other existing or potential violations of the ADA or any other local or Federal law. 
22. This Agreement does not affect NPSolutions, Inc. continuing responsibility to comply with all applicable aspects of title III of the ADA at the Lisbon Super 8 hotel. 
23. This Agreement is a public document.  A copy of this Agreement or any information contained in it may be made available by either party.
24. The provisions of this Agreement shall be deemed severable, and any invalidity or unenforceability of any one or more of its provisions shall not affect the validity or enforceability of the other provisions herein.
25. The person signing this Agreement for NPSolutions, Inc. represents that she or he is authorized to bind NPSolutions, Inc. to this Agreement.
26. The effective date of this Agreement is the date of the last signature below.
27. This Agreement will remain in effect for two years from the effective date of this Agreement.