SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND BASHAS'
UNDER THE AMERICANS WITH DISABILITIES ACT

Background and Jurisdiction

  1. The parties to this Agreement are the United States of America and Bashas'.

  2. Bashas' owns and operates supermarkets in the State of Arizona.

  3. This matter was initiated by a Complaint filed with the U.S. Department of Justice ("DOJ") against Bashas'. The Complaint was investigated by the United States Attorney's Office for the District of Arizona under the authority granted by Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12188.

  4. The Complaint alleges that Bashas' violated Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the Department of Justice's implementing regulation, 28 C.F.R. Pt. 36. Specifically, the Complaint alleges that the restroom facilities at Bashas' Store No. 19, 1717 E. Southern Avenue, Tempe, Arizona, are inaccessible because they can only be reached by climbing a set of stairs.

  5. Bashas' owns and operates places of public accommodation as defined in Section 301(7)(F) of the ADA and 28 C.F.R. § 36.104. Bashas' Store No. 19 is thus a public accommodation within 42 U.S.C. 12181, 28 C.F.R. § 36.104. Title III requires public accommodations to remove barriers to access when it is readily achievable to do so.

  6. The parties desire to settle this matter without resorting to litigation and have, therefore, entered into this Settlement Agreement.

Agreement

    The parties agree as follows:

  1. Bashas' will construct an accessible unisex restroom facility on the first floor of Bashas' Store No. 19, as an alternative to making the restroom on the second floor accessible. The restroom will comply with all relevant provisions of the ADA accessibility guidelines. 28 C.F.R. Part 36. The accessible restroom facility shall be completed by February 1, 2000.

  2. Bashas' will place signage, which complies with the ADA accessibility guidelines, 36 C.F.R. Part 1191, Appendix A, § 4.30, in Bashas' Store No.19 designed to inform the public of the existence and location of the accessible restroom. The signage shall be in place by February 1, 2000.

  3. The Attorney General of the United States is authorized, pursuant to Section 308(b)(1)(B) of the ADA, to bring a civil action under Title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing civil suit under Title III of the ADA related to the facts alleged in paragraph 4, so long as Bashas' carries out its obligations as set forth in this Agreement.

  4. Failure by DOJ to enforce this entire Agreement or any provision thereof shall not be construed as a waiver of its right to do so with regard to any other provisions of this Agreement.

  5. DOJ may review compliance with this Agreement at any time. In the event that Bashas' fails to comply in a timely fashion with any requirement of this Agreement without obtaining sufficient advance written agreement with DOJ as to a temporary modification of the relevant terms of the Agreement, such failure shall constitute a subsequent violation, within the meaning of 42 U.S.C. § 12188(b)(2)(C)(ii). If Bashas' fails to take the required corrective action, without prior written approval of DOJ, it shall be liable to DOJ for a civil penalty of not less than one thousand dollars ($1,000) for each required action not taken, in addition to any appropriate compensatory damages caused by Bashas' failure to comply.

  6. This agreement is a public document. Bashas' shall provide a copy of this Agreement to any person or entity upon request.

  7. This Agreement shall become effective as of the date of the last signature below, and is effective for a period of two years.

  8. This 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 within this Agreement shall be enforceable.

  9. This Agreement is limited to the facts set forth in Paragraphs 4 and 5, and does not purport to remedy any other potential violations of the ADA or any other federal, state, or local law. This Agreement does not effect Bashas' continuing responsibility to comply with all aspects of the ADA.

  10. Any signatory executing this Agreement in a representative capacity represents that he/she is authorized to bind the represented entity to this Agreement.

___________________________________      Dated: __________
RONALD R. GALLEGOS
Assistant United States Attorney

___________________________________      Dated: __________
A.N. JOHN BASHA, Jr.
Sr. Vice President - Real Estate