SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE FAMILY YMCA OF GREATER AUGUSTA
UNDER THE AMERICANS WITH DISABILITIES ACT

PARTIES

1. The parties to this Settlement Agreement are the United States of America (“United States”) and the Family YMCA of Greater Augusta (hereinafter “YMCA”).
2. The United States Department of Justice (“United States”) is the federal agency responsible  for enforcing Title III of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. § 12181 et seq.

BACKGROUND

3. This matter was initiated by a complaint filed with the United States against the YMCA alleging violations of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and its implementing regulations, 28 C.F.R. Part 36. Specifically, the Complainant, L.B., alleges that the YMCA failed to modify its policies as necessary to afford her son, C.B., an individual with intellectual disabilities, with the full and equal opportunity to enjoy the goods, services, facilities, privileges, advantages, and accommodations of the YMCA. C.B. uses an aide in order to effectively make use of the gym areas in the YMCA’s local branches. The Complainant alleges that, since approximately January 2017, the YMCA does not permit an aide to accompany C.B. into the gym area unless the aide holds a YMCA membership.

JURISDICTION

4. As a person who has an intellectual disability, C.B. is an individual with a disability within the meaning of the ADA.   See 42 U.S.C. § 12102; 28 C.F.R. § 36.104.
5. The YMCA facility is a place of “public accommodation” because it is a place of public gathering, exercise and recreation and YMCA is therefore a public accommodation obligated to comply with the requirements of Title III of the ADA.  See 42 U.S.C. § 12181(7)(D),(L); 28 C.F.R. § 36.104.
6. The Attorney General is responsible for 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.
7. The Attorney General of the United States is authorized to investigate alleged violations of Title III of the ADA and to bring a civil action in federal court if the United States has reasonable cause to believe that a person or group of persons has been discriminated against in violation of the ADA and the discrimination involves a pattern or practice of discrimination or raises issues of general public importance.  42 U.S.C. § 12188(b).
8. The ADA prohibits public accommodations from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods, services, privileges, advantages, or accommodations.  42 U.S.C. §§ 12182(a), (b)(1)(A)(i); 28 C.F.R. §§ 36.201(a) and 36.202(a).  Title III also prohibits an entity from utilizing “standards or criteria… that have the effect of discriminating on the basis of disability.”  42 U.S.C. § 12182(b)(1)(D).

TERMS

9. Within sixty (60) days of the effective date of this Agreement, the YMCA shall draft a written modification to its policies to allow individuals with disabilities that are accompanied by a personal attendant at the YMCA facilities to be able to do so without requiring the personal attendant to have a YMCA membership. The YMCA may apply the same screening criteria to a personal attendant that would be applied to a guest. The YMCA will forward the draft written modification to the United States for approval.
10. Within thirty (30) days of receiving approval from the United States, the YMCA shall include on its website a summary of this modification.
11. Within thirty (30) days of receiving approval from the United States, the YMCA shall distribute this written modification to its employees at each of its branches. This written modification shall be included in the materials provided to new employees.
12. The YMCA will require no membership payments on behalf of C.B. for the total number of months between January 2017 and the effective date of this Agreement. In its discretion, the YMCA may either reimburse any membership payments for those months or apply a credit to his account for payments that would otherwise be collected for future months.

ENFORCEMENT

13. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil suit in this matter, except as provided in Paragraph 15 below.
14. The United States may review compliance with this Agreement at any time.  If the United States believes that the YMCA has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written authorization from the United States for a modification of the relevant terms, the United States will so notify the YMCA in writing, and will attempt to resolve the issue or issues in good faith.
15. If the United States is unable to reach a satisfactory resolution using the process set out in paragraph 14 of any issue or issues raised, it may institute a civil action in federal district court to enforce the terms of this Agreement or Title III and may seek any relief available under law.Failure by the United States to enforce this Agreement with regard to any deadline or any other provision herein shall not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
16. This Agreement shall be binding on the United States and on the YMCA, its directors, employees, and staff.
17. This Agreement constitutes the entire agreement between the United States and the YMCA 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 does not purport to remedy any other potential violations of the ADA or any other federal law.  This Agreement does not affect the continuing responsibility of the YMCA to comply with all aspects of the ADA.
18. The person signing this Agreement for the YMCA represents that he or she is authorized to bind the YMCA to this Agreement.
19. This Agreement will remain in effect for one (1) year from its effective date.
20. A copy of this document or any information contained in it will be made available to any person, on request, by the YMCA or the United States.
21. The effective date of this Agreement is the date of the last signature below.