SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

 AND

WEST MICHIGAN BASEBALL LIMITED PARTNERSHIP

Department of Justice Complaint No. 202-38-6

re:
new construction and alterations

Settlement Agreement | DOJ Press Releases

This Settlement Agreement (the "Agreement") is entered into by and between West Michigan Baseball Limited Partnership ("West Michigan Baseball") and the United States of America, through the United States Department of Justice, Civil Rights Division, Disability Rights Section ("the Department").

This matter was initiated by a complaint filed with the Department under title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12181 - 12189. The complaint alleged that the Old Kent Park Baseball Stadium ("the Stadium"), the baseball stadium owned and operated by West Michigan Baseball, was not accessible to people with mobility impairments.
The Stadium is located in Grand Rapids, Michigan, and is the primary venue for the West Michigan Whitecaps, a single "A" professional baseball team. The Stadium opened in April 1994, and additional sections were opened in 1996. Over four hundred thousand people attend baseball games at the Stadium each summer.

The Department is authorized under 28 C.F.R. Part 36 to investigate this complaint to determine whether West Michigan Baseball is in compliance with title III of the ADA. The Stadium is a public accommodation for purposes of 42 U.S.C. § 12183(a), as defined by the ADA in 42 U.S.C. § 12181(7), and in the implementing regulations, 28 C.F.R. § 36.104. The Department is authorized to investigate the facts, issue findings, and, where appropriate, negotiate settlement agreements. Furthermore, the Department is authorized to bring an action in court to enforce title III of the ADA should it fail to negotiate a settlement agreement.

After the Department began to investigate this complaint, West Michigan Baseball and the Department engaged in a series of talks designed to produce a settlement of this case. As a result of those negotiations, West Michigan Baseball has already made a number of renovations to the Stadium, including:

* providing an increased number of seats accessible for people who use wheelchairs;

* ensuring that those seats have a line of sight over standing spectators;

*improving accessibility in skyboxes for people who use wheelchairs;
* improving accessible routes throughout the Stadium, such as from the entrance of the Stadium to the box seats and from the locker rooms to the dugouts; and,

* revising ticketing policies to best assure that individuals with disabilities can purchase available tickets for the designated accessible seating.

Moreover, West Michigan Baseball has been offering patrons with disabilities free transportation on public transportation on Friday, Saturday and Sunday games in June, July, and August.

Issues raised by the Department and the underlying Complaint have been investigated and the parties agree to resolve disputed matters and avoid the costs and uncertainty of litigation pursuant to this Settlement Agreement. Therefore, West Michigan Baseball and the United States agree to the following:

1. In consideration for West Michigan Baseball’s performance of its obligations under this Agreement, the Department agrees to refrain from undertaking further investigation of Department of Justice Complaint No. 202-38-6 or from filing a civil suit based upon matters raised in Department of Justice Complaint No. 202-38-6 and/or which were investigated by the Department during its investigation of Department of Justice Complaint No. 202-38-6.

2. West Michigan Baseball covenants and agrees to complete the following renovations to the Stadium, in accordance with the Standards for Accessible Design (the "Standards"), 28 C.F.R. Part 36, Appendix A (all citations in this Paragraph are to provisions of the Standards):

A. West Michigan Baseball agrees to provide an accessible route from the exterior of the Stadium to the interior. See §§ 4.1.2(1) and (2). Specifically, it agrees to:

1. Ensure that the route from the accessible parking spaces and leading to the elevator has a cross slope of no more than 1:50 (2%). See §§ 4.1.2(1) and 4.3.7.

2. On the route leading up to the ramp from the Concourse to the outfield UFP deck, install a level landing at the bottom of the first ramp run. See §§ 4.1.2(2) and 4.8.4.

3. Ensure that at the bottom of the ramp from the rear parking area to the bleachers, by the children’s play area, there is a handrail extension at least 12 inches long parallel to the ground surface. See §§ 4.1.2(1), 4.3.8, and 4.8.5.

4. Ensure that at the top of the ramp from the rear parking area to the bleachers, by the children’s play area, the handrail returns smoothly to the post. See §§ 4.1.2(1), 4.3.8, and 4.8.5.

5. Ensure that at the top of the ramp from the rear parking area to the bleachers, by the children’s play area, the clear space between the ramp handrail and the rail balusters is 1-1/2 inches as required. See §§ 4.1.2(2), 4.3.8, and 4.8.5(3).

B. West Michigan Baseball agrees to improve accessible routes throughout the interior of the Stadium. See §§ 4.1.2(1) and (2). Specifically, it agrees to ensure that the opening force on doors does not exceed the maximum allowable door opening force of 5 lbf. See §§ 4.1.2(2), 4.1.3(7), 4.3.9 and 4.13.11. The doors to be adjusted include, but are not necessarily limited to:

1. the concourse level door from the corridor to the elevator lobby;

2. the transverse aisle level door from the corridor to the elevator lobby;

3. the field level door from the corridor to the elevator lobby;

4. the concourse level door from the corridor to the elevator lobby;

5. the transverse aisle level door from the corridor to the elevator lobby; and,

6. the field level door from the corridor to the elevator lobby.

C. West Michigan Baseball agrees to ensure that the toilet rooms in the outfield restroom pavilion by the UFP deck are accessible. Specifically, it agrees to:

1. Ensure that the men's toilet room is accessible. Specifically, it agrees to ensure that:

(a) the toilet stall equipped with grab bars is 60 inches wide minimum. See §§ 4.1.3(11), 4.17.3 and 4.22.4.

(b) the centerline of the toilet in the designated stall is located 20 inches from the side wall. See §§ 4.1.3(11), 4.17.3 and 4.22.4.

(c) the top of the toilet seat in the designated stall is between 17 and 19 inches above the floor as required. See §§ 4.1.3(11), 4.16.3 and 4.22.4.

(d) the force required to operate the toilet flush control in the designated stall does not exceed the maximum allowable force of 5 lbf. See §§ 4.1.3(11), 4.16.5, 4.22.4 and 4.27.4.

(e) the toilet flush control in the designated stall is mounted on the side of the toilet stall where the clear floor space is provided. See §§ 4.1.3(11), 4.16.5, 4.22.4 and 4.27.2.

(f) the force required to operate the accessible urinal flush control does not exceed the maximum allowable force of 5 lbf. See §§ 4.1.3(11), 4.1.3(13), 4.16.5, 4.18.4, 4.22.5, and 4.27.4.

(g) the knee clearance underneath at least one lavatory complies with Figure 31 of the Standards. See §§ 4.1.3(11), 4.19.2, and 4.22.6.

(h) the hot water and drain pipes underneath at least one lavatory is insulated or otherwise configured to prevent direct contact. See §§ 4.1.3(11), 4.19.4, and 4.22.6

(i) the lowest part of the reflecting surface of the mirror provided is no more than 40 inches above the floor. See §§ 4.1.3(11), 4.19.6, and 4.22.6.

(j) clear floor space of at least 30 by 48 inches is provided in front of the soap dispenser of at least one lavatory. See §§ 4.1.3(11), 4.19.3, 4.22.3, 4.22.7, and 4.27.2.

2. Ensure that the women's toilet room is accessible. Specifically, it agrees to ensure that:

(a) there is an accessible, 60 inch wide toilet stall in the women’s toilet room. See §§ 4.1.3(11), 4.17.3, and 4.22.4.

(b) the knee clearance underneath at least one lavatory complies with Figure 31 of the Standards. See §§ 4.1.3(11), 4.19.2, and 4.22.6.

(c) the hot water and drain pipes underneath at least one lavatory is insulated or otherwise configured to prevent direct contact. See §§ 4.1.3(11), 4.19.4, and 4.22.6

(d) the lowest part of the reflecting surface of the mirror provided is no more than 40 inches above the floor. See §§ 4.1.3(11), 4.19.6, and 4.22.6.

(e) clear floor space of at least 30 by 48 inches is provided in front of the soap dispenser at least one lavatory. See §§ 4.1.3(11), 4.7.4.1, 4.19.3, 4.22.3, 4.22.7, and 4.27.2.

3. Ensure that the public telephones are accessible. Specifically, it agrees to ensure that:

(a) the coin return is located no more than 54 inches off the ground. See §§ 4.1.3(17), 4.2.6 and 4.31.3.

(b) the bottom edge of the telephone enclosure is no more than the maximum projection of 4 inches allowed for protruding objects, and is located between 27 and 80 inches from the ground. See §§ 4.1.3(2) and 4.4.1.

D. West Michigan Baseball agrees to ensure that in the bleacher area, the toilet paper dispenser in the first aid toilet room is located beneath the grab bar. See §§ 4.1.3(11), 4.16.6, 4.17.2, 4.17.3 and 4.22.4.

E. West Michigan Baseball agrees to ensure that the picnic areas are accessible. Specifically, it agrees to:

1. Ensure that at the right field picnic area, the clear space between the ramp handrail and the rail balusters, and the clear space between the handrail and the rail support is 1-1/2 inches as required. See §§ 4.1.2(2), 4.3.8, and 4.8.5.

2. Ensure that at the left field picnic area, the clear space between the ramp handrail and the rail balusters, and the clear space between the handrail and the rail support are 1-1/2 inches as required. See §§ 4.1.2(2), 4.3.8, and 4.8.5.

3. Ensure that the two concession counters in the outfield UFP deck both have portions that are located at a maximum of 36 inches above the floor as required. See § 7.2.

4. Ensure that in the outfield UFP deck, the clear space between the ramp handrail and the rail balusters is 1-1/2 inches as required. See §§ 4.1.2(2), 4.3.8, and 4.8.5.

F. West Michigan Baseball agrees to ensure that the team clubhouse areas are accessible. Specifically, it agrees to ensure that in both the home team and visiting team clubhouses, it will install an accessible locker with a compliant bench. See §§ 4.1.3(12) and 4.25.3.

G. West Michigan Baseball agrees to ensure that the toilet rooms on the Concourse are fully accessible. See §§ 4.16 - 4.27.

H. West Michigan Baseball agrees to ensure that the toilet rooms in the Home and Visitor locker rooms are fully accessible, except toilet rooms and bathrooms in the Home locker room provided for use of an occupant of a specific space shall be adaptable. See §§ 4.1.3 (11) and 4.16 - 4.27.

I. West Michigan Baseball agrees to provide a chair in each suite comparable to the others in the suite to serve as a companion seat next to a wheelchair seating location, on the entry level of each suite. Additionally, where needed, the partition separating the two levels in each suite will be lowered from a "bar" height to an accessible counter height. See §§ 4.32.3 and 4.32.4. These changes will be implemented as leases are renewed in the suites after the 2001 baseball season, but no later than December 31, 2003.

3. West Michigan Baseball agrees to complete the renovations listed in Paragraph 2 by April 30, 2002, except as noted in 2.I., above.

4. West Michigan Baseball agrees that people with disabilities, or companions of people with disabilities, seeking accessible seating shall be provided tickets through the same ticket outlets, during the same hours of operation, and at the same locations as tickets are provided to people without disabilities. West Michigan Baseball agrees to sell tickets to the accessible seating to people without disabilities only after all other seating in that seating category is sold. West Michigan Baseball also agrees that it shall permit people with disabilities, or their companions, to purchase tickets for more than one companion to the extent that people without disabilities are permitted to purchase more than two tickets.

5. West Michigan Baseball agrees that it will reduce the price of tickets for accessible seating areas by $1.50 per ticket for the baseball seasons of 2002, 2003 and 2004.

6. West Michigan Baseball agrees that it will continue to provide free transportation for any individual with a disability and his/her companion(s) who wishes to attend a Friday, Saturday or Sunday game in the months of June, July, and August for the baseball seasons of 2001, 2002 and 2003.

7. West Michigan Baseball agrees to designate one or more employee(s) as ADA Coordinator(s).

A. The ADA Coordinator(s) will serve as a resource to the staff of West Michigan Baseball.

B. The ADA Coordinator(s) will also be available to assist people with disabilities who attend an event at the Stadium.

C. The ADA Coordinator(s)’s identity will be advertised in the notice referred to in Paragraph 8.

8. West Michigan Baseball agrees to post a copy of the notice contained in Attachment A in all places where notices to the public, employees and job applicants are normally posted. The notice will be posted within ten days of the date that the Department signs this Agreement and will remain posted for one year thereafter.

9. West Michigan Baseball agrees to conduct a training program for all of its paid and volunteer staff who have contact with the public or who supervise such employees and volunteers in those responsibilities.

A. Scope. The training program will educate the paid and volunteer staff concerning their responsibilities under title III of the ADA, including but not limited to:

1. Providing assistance in locating parking spaces designated for people with disabilities, and seeking to ensure that only vehicles with appropriate license plates, placards or other State-issued authorization for use of accessible spaces use those designated parking spaces;

2. Responding properly to requests to purchase tickets for seating areas accessible to people with disabilities, including tickets for companions of people with disabilities;

3. Assisting people with disabilities and their companions as they attempt to locate their seats; and,

4. Providing priority access to elevators for people with disabilities and their companions.

B. Materials. West Michigan Baseball agrees to distribute a copy of Attachments A and B as a part of this training program.

C. Timing. West Michigan Baseball agrees that all covered paid staff shall complete this training program within 45 days of the date the Department signs this Agreement and at the beginning of each baseball season during orientation. It further agrees that all covered volunteer staff shall complete this training program at the beginning of each baseball season during orientation. It further agrees that any paid or volunteer staff who subsequently begin working at the Stadium during the baseball season shall complete this training program as part of their orientation.

D. Certification. West Michigan Baseball will evidence its compliance with this paragraph by producing to the Department, by June 1, 2001, a list of paid and volunteer staff who have participated in the training program.

10. By June 1, 2002, West Michigan Baseball will submit an overview report to the Department explaining the actions it has taken to comply with the provisions of this Agreement.

11. In the event that West Michigan Baseball fails to comply in a timely manner as provided in this Agreement with any provision of this Agreement, for good cause shown and after 90 days’ written notice to West Michigan Baseball of the alleged failure to comply with this Agreement, the Department may either:

A. Notify West Michigan Baseball that the Settlement Agreement is no longer operative and may re-open the investigation of Department of Justice Complaint No. 202-38-6; and/or,

B. Institute a civil action against West Michigan Baseball seeking to have the terms of this Agreement enforced in the Federal District Court for the Western District of Michigan.

12. West Michigan Baseball agrees that the Department may review compliance with this Agreement at any time, except that its review of items discussed in Paragraph 2 shall be completed within 90 days after June 1, 2002. If any alleged failure to comply with this Agreement is identified by the Department, it shall provide West Michigan Baseball 90 days’ written notice of such failure to comply with this Agreement as provided in Paragraph 11.

13. West Michigan Baseball agrees that it will not discriminate or retaliate against any person because of his/her participation in this matter.

14. This Agreement is a public document. A copy of this Agreement shall be made available to any person on request.

15. This Agreement shall remain in effect until December 31, 2003.

16. This Agreement does not purport to remedy any other potential violations of the ADA or any other law not within the scope of this Agreement. This Agreement does not affect West Michigan Baseball’s continuing responsibility to comply with all aspects of the ADA.

17. The individuals signing this Agreement represent that they are authorized to bind the parties to this Agreement.

18. Failure by the Department of Justice to enforce the entire Agreement with regard to any deadline or any other provision of the Agreement, shall not be construed as a waiver of its right to enforce other deadlines or provisions of the Agreement.

19. This Agreement constitutes the entire agreement between West Michigan Baseball and the Department relating to Department of Justice Complaint No. 202-38-6, 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 agreement, shall be enforceable.

FOR WEST MICHIGAN BASEBALL LIMITED PARTNERSHIP:	FOR THE DEPARTMENT:
By: ________________________ West Michigan Baseball Development, Inc. Its: General Partner, Lewis Chamberlin, III, CEO ______________________ Date	Ralph F. Boyd, Jr. Assistant Attorney General for Civil Rights By:__________________________ John L. Wodatch, Chief L. Irene Bowen, Deputy Chief Daniel W. Sutherland, Attorney Disability Rights Section Date Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-0663 #549271 _______________ Date

ATTACHMENT A


THE AMERICANS WITH DISABILITIES ACT

WHAT YOU SHOULD KNOW

Under the Americans with Disabilities Act of 1990 ("ADA"), West Michigan Baseball does not discriminate on the basis of disability in admission to, access to, or operations of its goods, services or facilities. Moreover, West Michigan Baseball provides equal employment opportunity and does not unlawfully discriminate on the basis of disability in its hiring or employment practices.

Here are some specific ways West Michigan Baseball is implementing the ADA:

* Old Kent Park Baseball Stadium has designated seating areas for people who use wheelchairs. People with disabilities who want to sit in a designated area need to inform the Stadium’s staff when purchasing tickets, so that they can be sold the appropriate tickets.

* People who use wheelchairs are also entitled to purchase tickets for and sit along with their companions.

* The Stadium has designated parking spaces for people with disabilities. Only vehicles with proper license plates (or other identification) may use those designated parking spaces.

* There is a clear accessible route from the designated parking areas to the Stadium for people with disabilities.

Questions, concerns, or requests for additional information regarding the ADA may be forwarded to West Michigan Baseball’s ADA Coordinator:

[insert the person's name, title, office address, phone number, both voice and TDD, and days/hours available]

For further information, you can also call the United States Department of Justice's ADA Information Line at 1-800-514-0301 (voice) or 1-833-610-1264 (TDD).

ATTACHMENT B

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September 17, 2001