SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE WARNER THEATRE DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-16-68 This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990, 42 U.S.C.  12181-12189 (the ADA), with the United States Department of Justice against the Warner Theatre. The complainant, who is deaf, alleged that the Warner Theatre has violated title III of the ADA and the Department of Justice's implementing regulation, 28 C.F.R. Part 36, by failing and refusing to provide a sign language interpreter for any performance of Jesus Christ Superstar between October 4 and 9, 1994. The parties to this Agreement are the United States of America and the Warner Theatre. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by the Warner Theatre of any violation. In the interests of securing compliance by voluntary means, the parties hereby agree as follows: 1. The Warner Theatre, located in the District of Columbia, is a theater that offers live music and entertainment performances, and its operations affect commerce. It is a place of public accommodation covered by title III of the ADA. 42 U.S.C.  12181 (7)(C). 2. The subject of this Settlement Agreement is the Warner Theatre's obligation under 42 U.S.C.  12182 (b)(2)(A)(iii) to ensure that individuals with hearing impairments who use sign language to communicate are not excluded from or denied the benefits of the performances offered in the Warner Theatre because of the absence of auxiliary aids and services, unless the Warner Theatre can demonstrate that the steps necessary to provide such auxiliary aids and services would fundamentally alter the nature of the performance or would result in an undue burden. 3. In order to meet its obligation as set out in paragraph 2, the Warner Theatre will comply with the attached written Policy Statement on provision of sign language interpretation of performances to ensure that individuals with hearing impairments who use sign language to communicate are afforded the full and equal enjoyment of those performances. 01-04607 4. The Warner Theatre agrees that compliance with the attached Policy Statement will not fundamentally alter the nature of its performances or result in an undue burden. 5. The Warner Theatre will post a copy of the Policy Statement at the Warner Theatre Box office and will provide a copy to any person upon request. 6. Within 30 days of the effective date of this Agreement, the Warner Theatre will provide comprehensive training for its employees who deal with patrons or prospective patrons. The training will include: a) instruction to comply with the provisions of this Agreement, and b) instruction on handling telephone calls from individuals who are deaf or hard of hearing, or who have speech impairments, and are using relay services. 7. The Warner Theatre shall inform entities that sell tickets on its behalf of the terms of the Policy Statement and shall instruct them to comply with it. 8. If the Warner Theatre decides to make any change affecting items 1 - 4 of the Policy Statement within two years of the effective date of this Agreement, it shall submit any proposed change to the Department of Justice one month before the change is to go into effect and, if the Department of Justice objects to a proposed change, will not implement the change without approval from the Department of Justice. The Department agrees that it will not withhold approval of any proposed change unless it believes that the change would adversely affect persons with disabilities. 9. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The Warner Theatre shall provide a copy of this Agreement to any person on request. 10. The Americans with Disabilities Act authorizes the Department of Justice to investigate alleged violations of title III. 42 U.S.C.  12188 (b)(1). The Department of Justice is also authorized to commence a civil action in United States District Court if the Department of Justice is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C.  12188 (a)(2) and 12188 (b). In consideration of the terms of this Agreement as set forth herein, the Department of Justice agrees to refrain from undertaking further investigation or from filing civil suit in this matter. 11. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in the federal district court for the District of Columbia, or any other appropriate - 2 - 01-04608 federal district court, following written notice to the Warner Theatre of the possible violation and a period of ten (10) days in which the Warner Theatre has the opportunity to cure the alleged violation. The Attorney General is authorized to seek civil penalties and monetary damages pursuant to 42 U.S.C.  12188 (b)(2)(C). 12. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 13. The effective date of this Agreement is the date of the last signature below. 14. 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 in this written Agreement, will be enforceable under its provisions. 15. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the Warner Theatre's continuing responsibility to comply with all aspects of title III of the ADA. 16. The signer of this document for the Warner Theatre represents that he or she is authorized to bind the Warner Theatre to this Agreement. For the Warner Theatre: For the United States: Deval L. Patrick Assistant Attorney General for Civil Rights (handwritten) Jane (illegible) (handwritten) Naomi Milton ___________________ By: _________________________ John L. Wodatch Joan Magagna Naomi Milton Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-9807 (handwritten)4/1/97 (handwritten) 4/3/97 Date __________ Date___________ Attachment - 3 - 01-04609 THE WARNER THEATRE POLICY ON PROVISION OF SIGN LANGUAGE INTERPRETATION FOR PERFORMANCES The Warner Theatre shall take those steps that may be necessary to provide sign language interpretation of performances so that individuals with hearing impairments who use sign language to communicate are afforded the full and equal enjoyment of those performances. 1. The Warner Theatre shall provide interpreter service for any performance whenever a customer -- a. Makes a request that the performance be interpreted at least ten days prior to the performance; and b. Purchases a ticket for the performance at least ten days prior to the performance. Requests may be directed to: [INSERT] 2. The quality of the interpretation depends on adequate preparation time, so earlier notice is encouraged. 3. If a request for an interpreted performance is received later than ten days prior to the performance, the Warner Theatre shall make reasonable efforts to provide interpreter service. 4. Interpretation shall be provided with no additional cost to the customer requesting the service. 5. The availability of signed performances and procedures for requesting them will be included in all media announcements or advertisements. 01-04610 U.S. Department of Justice Civil Rights Division Disability Rights Section P.O. Box 66738 Washington, DC 20035-6738 April 3, 1997 Robert J. Smith Morgan, Lewis & Bockius 1800 M Street, N.W. Washington, D.C. 20036-5869 Re: Complaint Number Dear Mr. Smith: Enclosed please find a copy of the Settlement Agreement signed by representatives of the Warner Theatre and the Department of Justice. Please note that the effective date of the Agreement is April 3, 1997, the date of the last signature on the Agreement. We will continue to monitor your compliance with this Agreement until all of its provisions have been fulfilled. Thank you for your cooperation in this matter. If you have any questions, please feel free to call me at (202) 514-9807. Sincerely, Naomi Milton Attorney Disability Rights Section Enclosure 01-04611 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE WARNER THEATRE DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990, 42 U.S.C.  12181-12189 (the ADA), with the United States Department of Justice against the Warner Theatre. The complainant, who is deaf, alleged that the Warner Theatre has violated title III of the ADA and the Department of Justice's implementing regulation, 28 C.F.R. Part 36, by failing and refusing to provide a sign language interpreter for any performance of Jesus Christ Superstar between October 4 and 9, 1994. The parties to this Agreement are the United States of America and the Warner Theatre. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by the Warner Theatre of any violation. In the interests of securing compliance by voluntary means, the parties hereby agree as follows: 1. The Warner Theatre, located in the District of Columbia, is a theater that offers live music and entertainment performances, and its operations affect commerce. It is a place of public accommodation covered by title III of the ADA. 42 U.S.C.  12181 (7)(C). 2. The subject of this Settlement Agreement is the Warner Theatre's obligation under 42 U.S.C.  12182 (b)(2)(A)(iii) to ensure that individuals with hearing impairments who use sign language to communicate are not excluded from or denied the benefits of the performances offered in the Warner Theatre because of the absence of auxiliary aids and services, unless the Warner Theatre can demonstrate that the steps necessary to provide such auxiliary aids and services would fundamentally alter the nature of the performance or would result in an undue burden. 3. In order to meet its obligation as set out in paragraph 2, the Warner Theatre will comply with the attached written Policy Statement on provision of sign language interpretation of performances to ensure that individuals with hearing impairments who use sign language to communicate are afforded the full and equal enjoyment of those performances. 01-04612 4. The Warner Theatre agrees that compliance with the attached Policy Statement will not fundamentally alter the nature of its performances or result in an undue burden. 5. The Warner Theatre will post a copy of the Policy Statement at the Warner Theatre Box office and will provide a copy to any person upon request. 6. Within 30 days of the effective date of this Agreement, the Warner Theatre will provide comprehensive training for its employees who deal with patrons or prospective patrons. The training will include: a) instruction to comply with the provisions of this Agreement, and b) instruction on handling telephone calls from individuals who are deaf or hard of hearing, or who have speech impairments, and are using relay services. 7. The Warner Theatre shall inform entities that sell tickets on its behalf of the terms of the Policy Statement and shall instruct them to comply with it. 8. If the Warner Theatre decides to make any change affecting items 1 - 4 of the Policy Statement within two years of the effective date of this Agreement, it shall submit any proposed change to the Department of Justice one month before the change is to go into effect and, if the Department of Justice objects to a proposed change, will not implement the change without approval from the Department of Justice. The Department agrees that it will not withhold approval of any proposed change unless it believes that the change would adversely affect persons with disabilities. 9. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. The Warner Theatre shall provide a copy of this Agreement to any person on request. 10. The Americans with Disabilities Act authorizes the Department of Justice to investigate alleged violations of title III. 42 U.S.C.  12188(b)(1). The Department of Justice is also authorized to commence a civil action in United States District Court if the Department of Justice is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C.  12188(a)(2) and 12188(b). In consideration of the terms of this Agreement as set forth herein, the Department of Justice agrees to refrain from undertaking further investigation or from filing civil suit in this matter. 11. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in the federal district court for the District of Columbia, or any other appropriate -2- 01-04613 federal district court, following written notice to the Warner Theatre of the possible violation and a period of ten (10) days in which the Warner Theatre has the opportunity to cure the alleged violation. The Attorney General is authorized to seek civil penalties and monetary damages pursuant to 42 U.S.C.  12188(b)(2)(C). 12. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 13. The effective date of this Agreement is the date of the last signature below. 14. 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 in this written Agreement, will be enforceable under its provisions. 15. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect the Warner Theatre's continuing responsibility to comply with all aspects of title III of the ADA. 16. The signer of this document for the Warner Theatre represents that he or she is authorized to bind the Warner Theatre to this Agreement. For the Warner Theatre: For the United States: Deval L. Patrick Assistant Attorney General for Civil Rights _______________________ By:____________________________ John L. Wodatch Joan Magagna Naomi Milton Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-9807 Date ______________________ Date___________________ Attachment -3- 01-04614 THE WARNER THEATRE POLICY ON PROVISION OF SIGN LANGUAGE INTERPRETATION FOR PERFORMANCES The Warner Theatre shall take those steps that may be necessary to provide sign language interpretation of performances so that individuals with hearing impairments who use sign language to communicate are afforded the full and equal enjoyment of those performances. 1. The Warner Theatre shall provide interpreter service for any performance whenever a customer -- a. Makes a request that the performance be interpreted at least ten days prior to the performance; and b. Purchases a ticket for the performance at least ten days prior to the performance. Requests may be directed to: [INSERT] 2. The quality of the interpretation depends on adequate preparation time, so earlier notice is encouraged. 3. If a request for an interpreted performance is received later than ten days prior to the performance, the Warner Theatre shall make reasonable efforts to provide interpreter service. 4. Interpretation shall be provided with no additional cost to the customer requesting the service. 5. The availability of signed performances and procedures for requesting them will be included in all media announcements or advertisements. 01-04615