SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND WINSTON MOTOR SPORTS, LLC, BRUCE STONE, AND Bx MOTOR SPORTS, LLC

SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

WINSTON MOTOR SPORTS, LLC, BRUCE STONE, AND
B&D MOTOR SPORTS, LLC

DJ 202-1-17

BACKGROUND

1.     This matter was initiated by two complaints filed under title III of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (the Department) against the owner of Huntsville Speedway in Huntsville, Alabama (the Speedway). The complainants allege that the Speedway is not accessible to spectators or racers with disabilities. Specifically, the complainants allege that there is no accessible parking, seating, or restrooms. The Department’s investigation confirmed these allegations and revealed other accessibility issues as reflected in this Settlement Agreement.

2.     The Attorney General is authorized to enforce title III of the ADA by seeking the alteration of facilities to make such facilities readily accessible to and usable by individuals with disabilities. 42 U.S.C. § 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. Id. at §12188(b)(1)(B).

3.     The Parties to this Settlement Agreement are the United States of America (United States), Winston Motor Sports, LLC, Bruce Stone, and B&D Motor Sports, LLC.

4.     The Speedway, which opened in 1959, is a place of public accommodation under title III of the ADA. 42 U.S.C. § 12181(7)(B), (C); 28 C.F.R. § 36.104.

5.     Winston Motor Sports, LLC, an Alabama limited liability company, currently owns a long-term lease for the Speedway and is therefore a public accommodation under title III of the ADA. 42 U.S.C. § 12181(7)(B) and 28 C.F.R. § 36.104.

6.     At times relevant to this matter, Bruce Stone owned a long-term lease for the Speedway in his individual capacity, and was, during those relevant times, therefore, a public accommodation under title III of the ADA. 42 U.S.C. § 12181(7)(B) and 28 C.F.R.         § 36.104.

7.     B&D Motor Sports, LLC, an Alabama limited liability company, plans to buy the long-term lease for the Speedway from Winston Motor Sports, LLC on or before January 10, 2006, and re-open the Speedway to the public by April 2006.

8.     When the sale between Winston Motor Sports, LLC and B&D Motor Sports, LLC is final, and B&D Motor Sports, LLC owns the long-term lease for the Speedway, B&D Motor Sports, LLC will be public accommodations under title III of the ADA. 42 U.S.C. § 12181(7) (B) and 28 C.F.R. § 36.104.

9.     B&D Motor Sports, LLC agrees to undertake the barrier removal steps outlined in this Settlement Agreement to ensure that individuals with disabilities have an opportunity equal to that of others to enjoy the Speedway’s amenities. References are to the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.

10.     Winston Motor Sports, LLC agrees to pay the complainants monetary relief as outlined in this Settlement Agreement.

11.     This Settlement Agreement is conditioned on the finalization of the sale of the long-term lease for the Speedway between Winston Motor Sports, LLC and B&D Motor Sports, LLC on January 10, 2006. If this sale is not finalized on that date, the Department retains its right to pursue other enforcement remedies.

12.     The Parties agree that complaint 202-1-17 can be resolved without litigation and have prepared and agreed to the following:

REMEDIAL ACTION

13.     B&D Motor Sports, LLC will complete the following actions prior to the next public event at the Speedway, but in any event by no later than April 1, 2006:

14.     Spectator Parking: The existing spectator parking spaces reserved for people with disabilities are inaccessible because no access aisles are provided and no vertical signs are provided. Provide access aisles and vertical signs. §§ 4.6.3, 4.6.4.

15.     Ticket Counters: The ticket counters are inaccessible because they are 41 to 43 inches above the finished floor. Provide at least one (1) ticket counter such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor. Standards §§ 7.2(2), 4.3.

16.     Spectator Toilet Room: There are no accessible men’s and women’s spectator toilet rooms. As a temporary solution, provide an accessible portable toilet for spectators. An accessible portable toilet for spectators must be provided at all scheduled events until the accessible permanent unisex toilet room for spectators is available for use (see ¶ 16(A), below).

17.     Spectator Concessions: The spectator concessions stands are not on accessible routes. Provide patrons seated in wheelchair seating areas with waiter/waitress service for concession purposes on at least an hourly basis during all scheduled events.

18.     Pit Toilet Rooms: The men’s and women’s toilet rooms in the pit are not accessible. As a temporary solution, provide an accessible portable toilet in the pit area. An accessible portable toilet must be provided in the pit area at every scheduled event until the accessible permanent unisex toilet room in the pit is available for use (see ¶ 16(B), below).

19.     Route from Pit’s Rear Entrance to Pit Infield: This route is inaccessible because the running slope one encounters when crossing the track is 15.2%. Modify track policies to accommodate racers with disabilities so that they may park their personal vehicles in the pit at no additional cost.

20.     B&D Motor Sports, LLC will complete the following actions within three (3) months of the next public event at the Speedway, but in any event by no later than July 1, 2006:

21.     Spectator Seating: Spectator seating is inaccessible because there are no wheelchair seating areas on an accessible route. Provide six (6) wheelchair seating areas, each with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access, or 33 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each of the six wheelchair seating areas. Standards §§ 4.1.3(19)(a), 4.5, 4.33, Fig. 46.   This wheelchair seating area may be placed in the northwest stand area.

22.     Pit Concessions Counter: The concessions counter located in the pit is inaccessible because it is more than 36 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor. Standards §§ 7.2(1), 4.3.

23.     B&D Motor Sports, LLC will complete the following actions within six (6) months of the next public event at the Speedway, but in any event by no later than October 1, 2006:

Spectator Parking: On the shortest accessible route to the accessible entrance, provide one (1) van accessible space and six (6) standard spaces. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At the van accessible space, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

24.     B&D Motor Sports, LLC will complete the following actions with three (3) years of the effective date of this Settlement Agreement:

25.     Provide an accessible permanent unisex toilet room on an accessible route to (and close to) the accessible spectator seating. This unisex toilet room shall comply with Standards § 4.22. Additionally, provide directional signage at all inaccessible spectator toilet rooms indicating the location of the accessible unisex toilet room. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

26.     Provide an accessible permanent unisex toilet room on an accessible route in the pit area. This unisex toilet room shall comply with Standards § 4.22. Additionally, provide directional signage at all inaccessible pit toilet rooms indicating the location of the accessible unisex toilet room. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

MONETARY RELIEF FOR COMPLAINANTS

27. The ADA authorizes the United States Attorney General to seek a court award of compensatory damages on behalf of individuals aggrieved as the result of violations of the ADA. 42 U.S.C. § 12188(b)(2)(B); 28 C.F.R. § 36.504(a)(2). Within ten (10) days of the effective date of this Settlement Agreement, Winston Motor Sports, LLC will compensate the complainants in this matter by sending each of them a certified check in the amount of $4,250.00 and $2,000.00, respectively, by certified mail to the addresses provided by the Department. Winston Motor Sports, LLC will simultaneously send a copy of the checks and the accompanying letters to counsel for the United States.

ENFORCEMENT

28.     If at any time Winston Motor Sports, LLC, Bruce Stone, or B&D Motor Sports, LLC desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

29.     The Department may review compliance with this Agreement at any time. If the Department believes that Winston Motor Sports, LLC, Bruce Stone, or B&D Motor Sports, LLC has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written Agreement with the Department for a modification of the relevant terms, the Department will so notify the defaulting party in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the defaulting party, it may institute a civil action in federal district court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under the law.

30.     For purposes of the immediately preceding paragraph, it is a violation of this Agreement for Winston Motor Sports, LLC, Bruce Stone, or B&D Motor Sports, LLC to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written Agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

31.     Failure by the Department to enforce this entire Settlement Agreement or any of its provisions or deadlines will not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Settlement Agreement.

32.     A copy of this document or any information contained therein may be made available to any person.

33.     This Settlement 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 Settlement Agreement, will be enforceable under its provisions.

34.     This Settlement Agreement is limited to the facts set forth in it. This Settlement Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law.

35.     This Settlement Agreement does not affect Winston Motor Sports, LLC’s, Bruce Stone’s, or B&D Motor Sports, LLC’s responsibility to comply with all aspects of title III of the ADA.

36.     The persons signing this Settlement Agreement on behalf of the Parties represent that they are authorized to bind the Parties to this Settlement Agreement.

37.     In the event that B&D Motor Sports, LLC, after becoming the owner of the long-term lease for the Speedway, seeks to transfer or assign all or part of its interest in the Speedway, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale B&D Motor Sports, LLC shall obtain the written accession of the successor or assign to any obligations remaining under this Settlement Agreement for the remaining term of this Settlement Agreement.

38.     This Settlement Agreement will remain in effect for three (3) years from the effective date of this Settlement Agreement.

FOR WINSTON MOTOR SPORTS, LLC and BRUCE STONE, in his individual capacity FOR THE UNITED STATES:

By:________________________
BRUCE STONE

Date:       1-6-06

FOR B&D MOTOR SPORTS, LLC:

By:________________________
H. MARTIN PIERCE

WAN J. KIM
Assistant Attorney General
Civil Rights Division

_____________________________
JOHN WODATCH, Chief
MARY LOU MOBLEY,
Acting Deputy Chief
ERIN MEEHAN RICHMOND, Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave.,
NW DRS, 1425 NYA
Washington, D.C. 20530

Date:      Jan 06, 06
Date:       Jan 19, 2006

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