SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN THE UNITED STATES OF AMERICA
AND VIP'S JET TOURS CORP./PEGASUS TRANSPORTATION
- The parties to this Settlement Agreement ("Agreement") are the United States of America and VIP's Jet Tours Corp./Pegasus Transportation.
- This matter was initiated by a compliance review conducted by the Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of Transportation. FMCSA provided the information it collected as part of its compliance review to the Department of Justice for further review.
- The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in protracted litigation. The parties have therefore voluntarily entered into this Agreement, as follows:
TITLE III COVERAGE AND FINDINGS
- The Attorney General is responsible for administering and enforcing title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189, and the relevant regulations implementing title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
- VIP's Jet Tours Corp./Pegasus Transportation is a Florida corporation with its principal place of business at 10747 Rocket Blvd., Orlando, Florida 32824.
- VIP's Jet Tours Corp./Pegasus Transportation is:
an operator of a demand-responsive or fixed route system within the meaning of 42 U.S.C. §§ 12181(3) and (4) 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.
- VIP's Jet Tours Corp./Pegasus Transportation does not have a training program that complies with 49 C.F.R. § 37.173.
- VIP's Jet Tours Corp./Pegasus Transportation has not filed required annual reports regarding compliance with the ADA, 42 U.S.C. §§ 12181 et seq. and its implementing regulation, 49 C.F.R. § 37.213.
- VIP's Jet Tours Corp./Pegasus Transportation has not maintained all lifts on its buses in accordance with 49 C.F.R. § 37.20.
ACTIONS TO BE TAKEN BY VIP'S JET TOURS CORP./PEGASUS TRANSPORTATION
- VIP's Jet Tours Corp./Pegasus Transportation shall not exclude persons with disabilities from participation in, or deny them the benefits of, specified public transportation services in violation of section 304 of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.
- VIP's Jet Tours Corp./Pegasus Transportation 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. pt. 36 and 49 C.F.R. pts. 37 and 38. These requirements include, but are not limited, to: (1) providing equivalent transportation services to persons with disabilities; (2) maintaining accessible features of facilities and equipment; (3) ensuring that individuals with disabilities are not discriminated against on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations; and (4) making reasonable modifications in policies, practices, and procedures when such modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, as required by title III.
- By no later than thirty (30) days of the date of this Settlement Agreement, VIP's Jet Tours Corp./Pegasus Transportation shall file an annual report for each of the past two (2) years in which such a report was not filed. Each report shall comply with the applicable requirements set forth in 49 C.F.R. § 37.213. VIP's Jet Tours Corp./Pegasus Transportation shall continue to comply with the applicable reporting requirements as set forth in 49 C.F.R. § 37.213.
- By no later than ninety (90) days of the date of this Agreement, VIP's Jet Tours Corp./Pegasus Transportation shall train all employees and contractors about the requirements of the ADA and how they apply to VIP's Jet Tours Corp./Pegasus Transportation, including the requirements referenced in paragraph 11 above. VIP's Jet Tours Corp./Pegasus Transportation shall provide the same training to employees and contractors within 30 days of hiring. VIP's Jet Tours Corp./Pegasus Transportation shall maintain records relating to all the trainings conducted, including the date and time the training occurred, the name of the individuals who attended such training, and the topics covered. Such documents shall be furnished to counsel for the United States upon request.
- By no later than thirty (30) days of the date of this Agreement, VIP's Jet Tours Corp./Pegasus Transportation shall ensure that all lifts are maintained in accordance with 49 C.F.R. § 37.203, and shall continue to do so in the future as required by 49 C.F.R. § 37.203.
IMPLEMENTATION
- In consideration of the Agreement, the United States will refrain from undertaking further action relating to this investigation or from filing a civil action alleging discrimination based on the facts set forth above, except as provided in paragraph 16 below.
- The United States may review compliance with this Agreement or title III of the ADA at any time. If the United States believes that this Agreement or any portion of it has been violated, it will raise such concerns with VIP's Jet Tours Corp./Pegasus Transportation, and the parties will attempt to resolve the concerns in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to VIP's Jet Tours Corp./Pegasus Transportation, it may institute a civil action in the appropriate U.S. District Court to enforce this Agreement or title III of the ADA.
- Failure by the United States to enforce this entire Agreement or any of its provisions shall not be construed as a waiver of the United States' right to do so with regard to other provisions of this Agreement.
- This Agreement shall be binding on VIP's Jet Tours Corp./Pegasus Transportation, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries and assigns. In the event that VIP's Jet Tours Corp./Pegasus Transportation 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, VIP's Jet Tours Corp./Pegasus Transportation shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.
- The signatory for VIP's Jet Tours Corp./Pegasus Transportation represents that he or she is authorized to bind that party to this Agreement.
- This Agreement constitutes the entire agreement between the United States and VIP's Jet Tours Corp./Pegasus Transportation 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, that is not contained in this written Agreement shall be enforceable.
- 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 VIP's Jet Tours Corp./Pegasus Transportation's obligation to otherwise comply with the requirements of the ADA.
EFFECTIVE DATE/TERMINATION DATE
- The effective date of this Agreement is the date of the last signature below.
- The duration of this Agreement will be three years from the effective date.
AGREED AND CONSENTED TO:
THOMAS E. PEREZ
Assistant Attorney General
EVE L. HILL
Senior Counselor to the Assistant Attorney General
Civil Rights Division
GREGORY B. FRIEL, Acting Chief
ALBERTO RUISANCHEZ, Deputy Chief
SHEILA M. FORAN, Special Legal Counsel
Disability Rights Section
Civil Rights Division
___/s/ Elaine Grant__________________
ELAINE GRANT, Senior Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.-NYA
Washington, D.C. 20530
(202) 305-8686
Date____9-20-12_________________
___/s/ Fernanda Vanetta_____________
FERNANDA VANETTA
Chief Financial Officer
VIP's Jet Tours Corp./Pegasus Transportation
10747 Rocket Blvd.
Orlando, FL 32824
Date_____9-19-12________________