U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66113 Washington, DC 20035-6118 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE GEORGIA WORLD CONGRESS CENTER AUTHORITY DEPARTMENT OF JUSTICE COMPLAINT NUMBER X This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department) against the Georgia World Congress Center Authority (Authority). The complaint alleges that the services, programs, and activities presented by the Authority in the Georgia World Congress Center (GWCC) are not fully accessible to persons with disabilities as required by the ADA. The Department of Justice is authorized under 28 CFR part 35 subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the Authority with title II of the ADA and the Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary copliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing a civil suit in this matter. The parties to this Agreement are the United States of America and the Georgia World Congress Center Authority, a public entity as defined by title II of the ADA. Pursuant to the provision of 01-04913 - 2 - the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this Agreement. In order to avoid the burdens and expenses of possible litigation, the parties hereby agree as follows: 1. The ADA applies to the Authority because it is a public entity as defined in 42 U.S.C. 12131. 2. The Authority operates the GWCC located in Atlanta, Georgia. 3. Portions of the GWCC are not readily accessible to and usable by persons with disabilities. 4. Title II of the ADA and its implementing regulation prohibit discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, and activities of a public entity, such as the Authority. 5. The subject of this Settlement Agreement is the execution and further development of a plan to provide access to the services, programs, and activities in the GWCC. 6. The Authority will take the following steps to provide access to the services, programs, and activities in the GWCC: a. In the auditorium, the doors will be widened to a minimum clear width of 32 inches. b. In that portion of the GWCC known as Phase 1, at least one towel and one soap dispenser in each restroom will be lowered so that the highest operable part is no higher than 48 inches above the floor (54 inches if the clear floor space allows for a parallel approach with a side reach). c. In that portion of the GWCC known as Phase 2, at least one lavatory in each restroom will be modified to conform to the requirements of section 4.19 of the Americans With Disabilities Act Accessibility Guidelines (ADAAG). c. In that portion of the GWCC known as Phase 2, on that portion known as Level 4, and in that portion known as the Terraces Restaurant, at least one standard accessible stall, as defined by section 4.17 of ADAAG, will be installed in each restroom. If the Authority should decide that it is technically infeasible or violative of plumbing code requirements to provide a standard stall, as set out in Figure 30(a) of section 4.17.3 of ADAAG, it will submit evidence in support of this decision to the Department for consideration prior to installing an alternate stall. 01-04914 - 3 - d. In that portion of the GWCC Known as Phase 3, at least one mirror in each restroom will be lowered so that the bottom edge is no higher than 40 inches above the floor. e. On Level 4 and in the Terraces Restaurant, the hot water piping in the restrooms will be insulated, according to the provisions of section 4.24.6 of ADAAG, under all lavatories that are required to be accessible under section 4.1 of ADAAG. f. At all restrooms in the GWCC and at all other locations where accessible signage is required by section 4.1 of ADAAG, signage that complies with section 4.30 of ADAAG will be installed. g. In Phase 2, the hardware on the first aid station door will be replaced with hardware that conforms to the requirements of ADAAG section 4.13.9. h. In that portion of the GWCC known as Level 2 East, at least one of the public telephones will be moved so that there is an accessible route to the telephone that conforms to section 4.3 of ADAAG and a clear floor space in front of the telephone, as required by section 4.31.2 of ADAAG. At least one accessible telephone will be equipped with a volume control, as required by section 4.31.5 of ADAAG. i. That portion of the GWCC known as the Courtyard will be altered to conform to the requirements of sections 5.1 through 5.6 of ADaAG, including at least one food service aisle (if applicable) and one checkout aisle. j. In Phase 3, a section of the fast food counter, at least 36 inches in length, will be altered to conform to the requirements of section 5.5 of ADAAG. In addition, each of the condiment stands will be altered to conform to the requirements of section 5.6 of ADAAG. 7. Within 30 days of the effective date of this Agreement, the Authority will submit detailed plans, including architectural drawings for items (a) and (b), to the Department for the following alterations: a. Plans for providing accessible wheelchair seating in the auditorium that, to the extent possible, conforms to the requirements of section 4.33 of ADAAG. b. Plans to provide at least one accessible entrance to the Courtyard and at least one accessible entrance to the buffet service area in Phase 3 that do not require users to travel against the flow of traffic. If less than all of the entrances are made accessible, the accessible entrances will be designated with signs that comply with section 4.30 of ADAAG. 01-04915 - 4 - c. Plans for providing accessible water fountains in Phase 3. 8. The Authority has engaged an architectural firm to perform the design work necessary to prepare bid documents, for that portion of the work listed in paragraphs 6 and 7 that will not be done by the GWCC Engineering Department, and has targeted December 31, 1994 as its completion date for both the in-house work and that which is contracted out. 9. The Authority will submit progress reports to the Department within 14 days of the effective date of this Agreement and every 90 days thereafter, with the final report being submitted upon the completion of the work listed in paragraphs-6 and 7, above. 10. The Department may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of the Agreement in an appropriate Federal court. 11. Failure by the Department 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 the Department's right to enforce other deadlines and provisions of this Agreement. 12. 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 Authority will provide a copy of this Agreement to an person upon request. 13. In the event that the Authority fails to comply in a timely manner with any requirement of the Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of the Agreement, all terms of this Agreement will become enforceable in an appropriate Federal court. 14. The effective date of this Agreement is the date of the last signature below. 15. 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. 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 Authority's continuing responsibility to comply with all aspects of the ADA. 01-04916 - 5 - For the Georgia World For the United States: Congress Center Authority: (Illegible signature) (Signature) _____________________________ _______________________________ Merrily A. Friedlander Acting Chief Merle H. Morrow, Attorney Coordination & Review Section Civil Rights Division U.S. Department of Justice P. O. Box 66118 Washington, DC 20035 (Handwritten) 4/12/94 (Handwritten) 5/5/94 Date ________________________ Date__________________________ 01-04917 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box ILLEGIBLE Washington, DC 20035-6118 MAY 5 1994 XXXXXX XXXXX XXXXX Re: Complaint Number X Dear X This letter is in reference to the complaint that you filed with the Department of Justice, Civil Rights Division, Coordination and Review Section (Department), alleging violations of title II of the Americans With Disabilities Act of 1990 (ADA or title II), in that the programs, services, and activities made available by the Georgia World Congress Center Authority in the Georgia World Congress Center, a site chosen as a venue for the Summer Olympic Games of 1996, are not accessible to people with mobility disabilities to the extent required by the ADA. Enclosed is a copy of the fully executed settlement agreement between the Department of Justice and the Georgia World Congress Center Authority (Authority). The agreement requires the Authority to make specific alterations to its facility, using the Americans With Disabilities Act Accessibility Guidelines as its standard for the alterations; to submit plans for the provision of wheelchair accessible seating in its auditorium and plans for the provision of accessible entrances to certain eating areas within 30 days of the effective date of this agreement; and to submit regular progress reports to the Department, until such time as the required alterations have been completed. Based upon the assurances in this voluntary settlement agreement, we have determined that the Authority is in compliance with title II, with respect to the Georgia World Congress Center, and we are closing this case, as of the date of this letter. Continued compliance is contingent upon the Authority's 01-04918 - 2 - completion of the actions required in the settlement agreement. The Department will monitor the Authority's progress in implementing the requirements of the settlement agreement. If you are dissatisfied with the terms of the settlement agreement, you may file a private complaint in the appropriate United States District Court under title II. Our determination of the Authority's compliance is not intended, nor should it be construed, to cover any other issues regarding title II that may exist that are not addressed in the settlement agreement, nor does it cover the allegations that you filed regarding the remaining Olympic venues. You should be aware that no one may intimidate, threaten, or coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department. We will investigate such a complaint if the situation warrants. Under the Freedom of Information Act, it may be necessary to release this document and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information that could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter or the agreement, please contact Merle Morrow at 202-514-3571. Sincerely, Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-04919 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box Illegible Washington, D.C. 20035-6118 MAY 5 ILLEGIBLE XXXXX XXXX XXXXX Re: Complaint Number X Dear X This letter is in reference to the complaint that you filed with the Department of Justice, Civil Rights Division, Coordination and Review Section (Department), alleging violations of title II of the Americans With Disabilities Act of 1990 (ADA or title II), in that the programs, services, and activities made available by the Georgia World Congress Center Authority in the Georgia World Congress Center, a site chosen as a venue for the Summer Olympic Games of 1996, are not accessible to people with mobility disabilities to the extent required by the ADA. Enclosed is a copy of the fully executed settlement agreement between the Department of Justice and the Georgia World Congress Center Authority (Authority). The agreement requires the Authority to make specific alterations to its facility, using the Americans With Disabilities Act Accessibility Guidelines as its standard for the alterations; to submit plans for the provision of wheelchair accessible seating in its auditorium and plans for the provision of accessible entrances to certain eating areas within 30 days of the effective date of this agreement; and to submit regular progress reports to the Department, until such time as the required alterations have been completed. Based upon the assurances in this voluntary settlement agreement, we have determined that the Authority is in compliance with title II with respect to the Georgia World Congress Center and we are closing this case, as of the date of this letter. Continued compliance is contingent upon the Authority's 01-04920 - 2 - completion of the actions required in the settlement agreement. The Department will monitor the Authority's progress in implementing the requirements of the settlement agreement. If you are dissatisfied with the terms of the settlement agreement, you may file a private complaint in the appropriate United States District Court under title II. Our determination of the Authority's compliance is not intended, nor should it be construed, to cover any other issues regarding title II that may exist that are not addressed in the settlement agreement, nor does it cover the allegations that you filed regarding the remaining Olympic venues. You should be aware that no one may intimidate, threaten, or coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department. We will investigate such a complaint if the situation warrants. Under the Freedom of Information Act, it may be necessary to release this document and records related to this complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information that could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter or the agreement, please contact Merle Morrow at 202-514-3571. Sincerely, Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division Enclosure 01-04921