BACKGROUND

1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (Department) against Adelante, P.C. (Adelante). The complaint alleged that Adelante failed to provide effective communication during counseling sessions led by its professional staff.

2. Adelante is a non-profit, social services agency in Chicago, Illinois. It is a public accommodation covered by title III of the ADA, 42 U.S.C. § 12182(7)(k).

3. The Department of Justice is authorized to investigate complaints under title III of the ADA and to bring suit in particular cases. 42 U.S.C. § 12188.

4. The parties have agreed to resolve this matter as set forth below, without adjudication of any factual and legal disputes.

AGREEMENT

5. Adelante agrees to provide to participants in its programs and to members of the public appropriate auxiliary aids and services, including qualified sign language interpreters, upon reasonable notice and when necessary to ensure effective communication with deaf and hard of hearing individuals. Adelante will alert any public or private agency that referred the individual of the need for such aids or services and seek from it the funds to provide them. If that is unavailing, Adelante will provide aids or services at its own expense, unless to do so would constitute a fundamental alteration of its services or result in an undue financial or administrative burden.

6. Adelante will develop a written policy and set of procedures implementing ¶5 within 30 days of the effective date of this Agreement. The document will be integrated into any existing, written policies and procedures and copies will be distributed to all staff and provided to members of the public upon request. A copy of the policy and procedures will also be submitted to the Department of Justice within 40 days of the Agreement's effective date.

7. In consideration of the promises made in ¶¶ 5 and 6, the Department agrees to close the investigation of complaint DJ# 224-23-56 and to refrain from bringing a civil action against Adelante.

ENFORCEMENT

8. The Department of Justice may review compliance with this Agreement at any time. If the Department determines that this Agreement or any of its requirements has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of title III, following written notice to Adelante of the possible violation and a period of 10 days in which Adelante has the opportunity to cure the alleged violation.

9. The parties stipulate that, if the Department sues under ¶9 and prevails, Adelante will pay $10,000 as a civil penalty, as authorized by 42 U.S.C. § 12188(b)(2)(C), within 10 days of the entry of judgement.

10. 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 the Department's right to enforce other deadlines and provisions of this Agreement.

IMPLEMENTATION

11. This Agreement is a public document. A copy of the document or any information contained in it may be made available to any person upon request.

12. The effective date of this Agreement is the date of the last signature below.

13. This Agreement constitutes the entire agreement between the parties on the matters raised here, 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.

14. This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect Adelante's continuing responsibility to comply with all aspects of title III of the ADA.

15. The persons signing this document for Adelante represents that she is authorized to bind Adelante to this Agreement.

    For Adelante, P.C.:

    By: __________________________
       Karen Stanbary
        Director
        Adelante, P.C.
        Chicago, Illinois

    For the United States:

    By:_______________________________
       John L. Wodatch, Chief
       L. Irene Bowen, Deputy
       Susan Reilly, Supervisory Attorney
       Thomas Esbrook, Investigator
       Disability Rights Section
       U.S. Department of Justice
       P.O. Box 66738
       Washington, D.C. 20035