- Nature of the Complaint and Investigation. This matter was initiated
by the United States pursuant to the Attorney General's authority to investigate possible
violations of the Americans with Disabilities Act ("ADA"). See 42 U.S.C. § 12133; 28
C.F.R.§ 35.170-173. The Office of the United States Attorney for the Southern District
of Indiana initiated its investigation in response to a complaint filed by Mr. XXXXXXX
on or about April 12, 2001. In the complaint, Mr. XXXXX alleged that Eagle Creek
violated the ADA because: (i) Eagle Creek did not have an adequate number of
accessible parking spaces; (ii) certain features of the clubhouse were not fully
accessible; and (iii) Eagle Creek did not provide an accessible golf cart that met his
golfing needs. In the course of investigating these allegations, the United States
expanded its investigation to include other the other golf courses owned and operated by
the City. The investigation revealed that while the City provided golf carts for
individuals without disabilities at its courses, none of the City's courses had a golf cart
specifically designed for a person with a disability to play golf in the same manner as
golfers without disabilities. This investigation also revealed that a number of other golf
courses owned and operated by the City did not have an adequate number of accessible
parking spaces. Thus, the City's golf course program, when viewed in its entirety, was
not readily accessible to and usable by individuals with disabilities. The investigation
also revealed that the clubhouse at Eagle Creek had certain features that were
inaccessible to persons with disabilities.
- Applicability of the ADA.
The ADA applies to Eagle Creek and the
other golf courses owned and operated by the City because the City is a public entity
within the meaning of 42 U.S.C. § 12133(1)(A) and 28 C.F.R. § 35.104. The golf
courses that are the subject of this Agreement are services, programs or activities
offered by the City. See 28 C.F.R. §§ 35.149-150. The ADA further applies because
XXXX is a qualified individual with a disability. See 42 U.S.C. § 12131(2); 28 C.F.R.
§ 35.104.
- Purpose of Agreement.
The purpose of the Agreement is to resolve the
alleged ADA violations at Eagle Creek discussed in Para. 2. Specifically, based on the
findings of the investigation conducted by the Office of the United States Attorney for
the Southern District of Indiana, the City failed to operate its golf course program in
such a manner that, when viewed in its entirety, is readily accessible to and usable by
individuals with disabilities. Specifically, the City: (i) failed to provide adequate
accessible parking at its golf course facilities; (ii) denied equal program access to the
Complainant, a qualified individual with a disability; and (iii) failed to provide
accessible facilities in the clubhouse building at Eagle Creek, all in violation of the
ADA. See 28 C.F.R. §§ 35.149-150. Moreover, the City did not demonstrate that it
would be a fundamental alteration to the program, service or activity of the City, nor
pose an undue financial or administrative burden upon the City, to make the golf
program accessible to qualified individuals with disabilities. The City agrees to resolve
and remedy these violations in a manner that is consistent with Title II of the ADA, 42
U.S.C. §§ 12131-33, and the Title II regulations of the Department of Justice, 28 C.F.R.
§§ 35.150, including the ADA Standards for Accessible Design, Part 36, Appendix A
(the "Standards"). See 28 C.F.R. §§ 35.150(b); 35.151(c).
- Actions to be Taken.
In response to the complaint and subsequent
investigation, the City has instituted on-going good faith efforts to comply with the
intent of the ADA. Specifically the city made modifications to parking lots at Eagle
Creek and its other golf courses. These changes are in compliance with the Standards.
No further actions need be taken with respect to modifying the parking lots and physical
structures. To ensure program accessibility to the City's golf program, the City has
agreed to take the following actions within thirty (30) days of the effective date of this
Agreement:
- Install signs in the snack bar area at Eagle Creek indicating that table
service is available for patrons with disabilities;
- Educate and train the snack bar staff at Eagle Creek about their duty to
provide table service to patrons with disabilities;
- Purchase and provide access to two (2) different models of individual
golf mobility aid devices. One device will have a fixed seat that rotates on a fixed
pedestal allowing full turning for golfers. One will be a mobility aid device that has a
seat that not only pivots three hundred and sixty degrees (360), but also mechanically
raises and lowers for the golfer with a disability who needs to adjust the height on the
cart for his/her swing. The mobility aid devices shall be kept at two different courses in
geographically diverse areas of the City of Indianapolis. The City shall install signs at
all of the thirteen (13) courses covered by this Agreement informing patrons that
individual golf mobility aid devices are available upon advance request for the same
price as a regular cart. The City shall be responsible for scheduling the availability of
the individual golf mobility aid devices and transporting them to the different courses as
they are needed. The City shall maintain records reflecting the dates on which patrons
request use of individual golf mobility aid devices and whether individual golf mobility
aid devices were available to meet those requests. The City shall review these records
at the end of the 2002 and at the end of the 2003 golfing season. If the number of
requests has exceeded the availability of individual golf mobility aid devices, the City
shall purchase additional mobility aid devices to address the needs for demands of
golfers with disabilities.
- Future Alterations. The City agrees that all future alterations,
renovations and construction projects at the golf courses that are the subject of this
Agreement shall comply with Title II of the ADA, 42 U.S.C. §§ 12131-33, and the
Standards.
- Progress Report/Inspections.
Twenty-five (25) days following the
effective date of this agreement, the City shall submit a progress report to the Office of
the United States Attorney for the Southern District of Indiana detailing the actions
taken to comply with this Agreement. This report also shall include a copy of any
policies, practices, or procedures that have been implemented relating to the reservation
of the mobility aid devices for golfers with disabilities. In addition, the City agrees that
representatives of the Department of Justice may visit Eagle Creek, as well as the City's
other golf courses, so as to review their policies, practices, and procedures, without prior
notice, concerning compliance with of this Agreement and the ADA.
- Agreement Not to Sue.
Provided that the City complies with all terms
of this Agreement, the United States will not bring a civil action to enforce the ADA as
it relates to any alleged violations specifically addressed in Para. 4 of the Agreement.
This shall not, however, limit the ability of the United States to enforce the Agreement
as set forth in Para. 9 of this Agreement. Nor does this Agreement prevent the United
States from investigating and/or pursuing other potential ADA violations that may
involve the City including, but not limited to Eagle Creek and the City's other golf
courses. Finally, this Agreement does not otherwise relieve the City from fully
complying with the ADA. See 28 C.F.R. § 35.149.
- Enforcement.
If the United States believes that any provision of the
Agreement has been violated, it may institute a civil action in the United States District
Court for the Southern District of Indiana to enforce the terms of the Agreement and
seek other relief.
- Successors in Interest.
In the event that the City transfers, sells,
assigns, or otherwise releases its interest in some or all of Eagle Creek or any other of its
golf courses, the Agreement shall be binding on all subsequent successors, assigns,
owners, and/or operators of those golf courses, and the City agrees to give timely notice
of the Agreement to prospective persons/entities prior to any such transfer or sale. In
the event that the City transfers or sells Eagle Creek or any of its other golf courses to a
private entity, the terms of this Agreement shall be enforced under Title III of the ADA.
- Non-Waiver.
Failure by the United States to enforce any provision(s) of
the Agreement shall not be construed as a waiver of its right to do so with regard to any
other provision(s) of the Agreement.
- Entire Agreement.
The Agreement sets forth the complete agreement
between the parties. In entering into the Agreement, neither the United States nor the
City relies on any representation or statement not set forth herein.
- Authority to Bind.
A signor of this document in a representative
capacity for a municipal corporation, or other entity, represents that he or she is
authorized to bind such entity to the Agreement.
- Effective Date.
The effective date of the Agreement is the date of the
last signature below.
TIMOTHY M. MORRISON
Acting United States Attorney