Background

1. 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 ("ADA"), with the United States Department of Justice against Indiana Beach. The complainant, who has a disability, alleged that Indiana Beach has violated title III of the ADA and the Department of Justice's implementing regulation, 28 C.F.R. Part 36, by not affording her access to the beach area of Indiana Beach.

2. The parties are willing to enter into this Settlement Agreement as a means of resolving the complaint and to avoid the burdens and expenses of further investigation and possible litigation. It is understood that this Settlement Agreement does not constitute an admission by Indiana Beach of any violation of the ADA or its implementing regulations nor of any other Federal, state or local law. In furtherance of this Settlement Agreement, the parties hereby agree as follows:

Jurisdiction

3. The ADA 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.

4. Indiana Beach, located in Monticello, Indiana, is a place of entertainment and recreation operated by a private entity, and its operations affect commerce. It is, therefore, a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7).

5. The subject of this Settlement Agreement is Indiana Beach's obligation under 42 U.S.C. § 12182(b)(1)(A)(i) and (ii) to afford individuals with disabilities with the opportunity to participate in or benefit from goods, services, facilities, privileges, advantages, and accommodations and to ensure that those goods, services, facilities, privileges, advantages, and accommodations are equal to those afforded to other individuals.

Remedial Action

6. Indiana Beach will distribute its "Policy Regarding Access to Beach Area for Guests with Mobility Impairments" to all appropriate personnel, including all employees selling tickets to or working at the entrances of the beach area, within 10 days of the effective date of this Agreement. All new personnel will be provided with the policy upon beginning employment. The policy will be re-distributed to all appropriate personnel on an annual basis.

7. Within 10 days of their receipt of the signed statement releasing Indiana Beach from all legal causes of action relating to this matter, Indiana Beach will compensate the complainant in this matter by sending a certified check in the amount of $200.00 by certified mail to the address provided by the Department.

Implementation and Enforcement of the Agreement

8. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. Indiana Beach shall provide a copy of this Agreement to any person on request.

9. 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 Federal district court following written notice to Indiana Beach of the possible violation and a period of ten (10) days in which Indiana Beach 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).

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 its right to enforce other deadlines and provisions of this Agreement.

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

12. 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.

13. 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 Indiana Beach's continuing responsibility to comply with all aspects of title III of the ADA.

14. The signer of this document for Indiana Beach represents that he or she is authorized to bind Indiana Beach to this Agreement.

    For Indiana Beach:

    ______________________________      Date:____________

    For the United States:

    Isabelle Katz Pinzler
    Acting Assistant Attorney General
    for Civil Rights

    By:______________________________      Date:____________
    John L. Wodatch
    Allison Nichol
    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