SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE STATE OF MASSACHUSETTS DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-36-18 BACKGROUND This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. SS 12131-12134, with the United States Department of Justice, Civil Rights Division, Disability Rights Section ("Department"), against the State of Massachusetts ("State"). The complainant alleges that public events held in Doric Hall at the Massachusetts State House Building are inaccessible to individuals with mobility impairments. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaints in this matter to determine the State's compliance with Title II of the ADA and the Department of Justice's implementing regulations, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Further, the Attorney General is authorized under 42 U.S.C.  12133, to bring a civil action to enforce Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. The parties to this Settlement Agreement ("Agreement") are the United States of America and the State of Massachusetts. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation and from filing civil suit in this matter. In the interest of securing compliance by voluntary means, the parties agree as follows: 1. By signing this Agreement, the State of Massachusetts does not admit that the operation of its current services, policies or practices, including those related to Doric Hall, constitute any violation of the ADA or its implementing regulations. 2. The ADA applies to the State of Massachusetts because it is a public entity as defined in the Department of Justice's regulations implementing Title II. 28 C.F.R.  35.104. 3. The State of Massachusetts owns and operates Doric Hall located in Boston, Massachusetts. 01-05936 2 3 4. Due to architectural barriers, Doric Hall is inaccessible to and unusable by individuals with mobility impairments. 5. Title II of the ADA prohibits discrimination against qualified individuals with disabilities, on the basis of disability, in the services, programs, or activities of a public entity such as the State of Massachusetts. 28 C.F.R.  35.130(a). 6. The State of Massachusetts may not deny individuals with disabilities participation in, or the benefits of the services, programs, or activities, of Doric Hall because the Hall is inaccessible. 28 C.F.R.  35.149. 7. Under Title II of the ADA, the State shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities. 28 C.F.R.  35.150(a). 8. The subject of this Agreement is the alteration of Doric Hall, located in the 18th century section of the Massachusetts State House Building, which currently can be accessed only by the use of five steps, in order to allow individuals with mobility impairments access to the services, programs, or activities held in Doric Hall. 9. Within ninety (90) days of the execution of this Agreement, the State agrees to provide the Department of Justice with construction plans for Doric Hall, including a timetable for completion of construction, with sufficient time for the Department of Justice to review and approve the plans prior to commencement of construction. 10. The State of Massachusetts further agrees to provide the Department of Justice with monthly status reports beginning on the date this Agreement becomes effective and continuing throughout the duration of the alterations to Doric Hall, informing the Department of the status of construction and any actual and/or anticipated delays in construction. 11. Within thirty (30) days of the effective date of this Agreement, the State further agrees to post the following notice, or its equivalent, in various visible locations inside and outside Doric Hall: In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. Any individual requiring assistance in entering Doric Hall should contact the State House Manager's Office at 727- 6223. 01-05937 3 IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT 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 State will provide a copy of this Agreement to any person upon request. 13. 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 and has not been able to resolve the dispute through reasonable attempts at conciliation, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 14. Failure of 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 rights to enforce other deadlines and provisions of this Agreement. 15. The effective date of this Agreement is the date of the last signature below. 16. 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. This Agreement is limited to the facts set forth in paragraph 1, and it 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 the State of Massachusett's continuing responsibility to comply with all aspects of Title II of the ADA. For the Commonwealth of For the United States: Massachusetts: Dennis R. Smith John L. Wodatch, Chief Superintendent Allison Nichol, Deputy Chief Bureau of State Office Buildings Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date: Date: n:\udd\a_ericks\Larking\Settlea.gmt 01-05938