SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
SHOPPER'S LANDING LIMITED PARTNERSHIP
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-34-16

Background

  1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12188, with the United States Department of Justice against Get Fleeced. The complaint alleges that Get Fleeced has violated title III of the ADA and the Department's implementing regulation, 28 C.F.R. Part 36, by failing to remove architectural barriers where such removal is readily achievable.

  2. The parties to this Agreement are the United States of America and Shoppers Landing Limited Partnership (Shoppers Landing).

  3. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:

Jurisdiction

  1. Shoppers Landing is the owner of the building where Get Fleeced is housed. Get Fleeced is a retail store located at 15 Main Street, Freeport, Maine.

  2. Get Fleeced is a sales establishment operated by a private entity, 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)(E).

  3. The subject of this Settlement Agreement is Shoppers Landing's obligation under 42 U.S.C. § 12182(b)(2)(A)(iv) to remove architectural barriers in existing facilities where such removal is readily achievable.

Remedial Action

  1. In order to meet its obligations as set out in paragraph 6, Shoppers Landing will complete all modifications as set forth below no later than October 15, 1999 (all cites are to the ADA Standards for Accessible Design ("Standards" unless otherwise noted):

    1. Shoppers Landing will construct a 48 inch wide blacktop walkway from the street to the rear door of Get Fleeced. The slope of this walkway will not exceed 1:20. See § 4.8.1.

    2. Shoppers Landing will construct a ramp to a hallway giving access to the rear door of Get Fleeced. The slope of the ramp will not exceed 1:12. See § 4.8.2.

    3. Shoppers Landing will provide handrails for the ramp that comply with the requirements of the Standards. See § 4.8.5.

    4. Shoppers Landing will provide a 60" level landing at the top of the ramp. See § 4.8.4 and § 4.13.6.

    5. Shoppers Landing will install an accessible door to the hallway. See § 4.13.

    6. Shoppers Landing will build up the hall floor to the same level as the rear door to Get Fleeced.

    7. Shoppers Landing will ensure that the rear door to Get Fleeced will operate without a closer or a latch during hours of operation. See § 4.13.6.

    8. Shoppers Landing will post signs at the inaccessible entrance directing patrons to the accessible entrance. See § 4.1.2(7)(c).

    9. Shoppers Landing will maintain the walkway and keep it clear of debris or any other items that may interfere with its use by persons with disabilities. See 28 C.F.R. § 36.211.

  2. All alterations set forth in paragraph 7 shall comply in all respects with all applicable provisions of the Standards.

  3. Within 10 days of completing the actions outlined in paragraph 7, Shoppers Landing will send written confirmation of completion to the Department. The confirmation will include photographs, blueprints, and/or design drawings of all alterations.

Implementation and Enforcement of the Agreement

  1. The Attorney General is authorized, pursuant to 42 U.S.C. § 12188(b)(1)(B), to bring a civil action under title III enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing civil suit under title III in this matter regarding the specific issues discussed herein, so long as Shoppers Landing complies with the terms of this Agreement.

  2. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. Shoppers Landing will provide a copy of this Agreement to any person upon request.

  3. 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 seeking specific performance of this agreement or enforcement of the requirements of the ADA following written notice to Shoppers Landing of the possible violation and a period of ten (10) days in which Shopper's Landing has the opportunity to cure he alleged violation.

  4. 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.

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

  6. 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.

  7. This Agreement is limited to the facts set forth herein, and it does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect Shoppers Landing's continuing responsibility to comply with all aspects of the ADA.

  8. The signer of this document for Shoppers Landing represents that he or she is authorized to bind Shoppers Landing to this Agreement.

    FOR SHOPPERS LANDING

    ___________________________________      Date:____________

    FOR THE UNITED STATES:

    BILL LANN LEE
    Assistant Attorney General
    Civil Rights Division

    By:___________________________________      Date:____________
       JOHN L. WODATCH, Chief
       Allison Nichol, Deputy Chief
       Susan B. Reilly, Supervising Attorney
       Carolyn Russell, Investigator
       Disability Rights Section
       Civil Rights Division
       U.S. Department of Justice
       P.O. Box 66738
       Washington, D.C. 20035-6738