This matter was initiated by a complaint filed, under Title III of the Americans with Disabilities Act ("ADA") of 1990, 42 U.S.C. §§ 12181-12189, with the United States Attorney's Office for the Southern District of Mississippi. The complaint alleged that "Mazzio's Pizza" located at 803 E. Northside Drive, Clinton, Mississippi, failed to remove architectural barriers, even though their removal was readily achievable. 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304. During the course of the investigation, the United States Attorney's Office learned that the operations on Northside Drive were to be closed and that a Mazzio's Pizza location would open at 301 Cedar Place Shopping Center, Clinton, Mississippi. Thereafter, the U. S. Attorney's Office conducted a compliance review of the architectural plans for the construction of the new facility. Upon completion of its review, the United States Attorney's Office concluded that the new facility failed to comply in several respects with Title III of the ADA and the Department of Justice's implementing regulation, in the design and construction of this facility. 42 U.S.C. § 12183 and 28 C.F.R. § 36.401.

The parties to this Agreement are the United States of America and Saxton Pierce Restaurant Corporation, d/b/a Mazzio's Pizza, Clinton, Mississippi ("Respondent"). The parties stipulate that this Agreement was entered into to avoid the cost of litigation and is not an admission of violation and should not be construed as an admission by Respondent of any ADA violation. All references below are to the provisions of the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. Part 36, Appendix A.

Respondent agrees that they have made or will make the following modifications in the design and/or construction of the 301 Cedar Place facility, to the extent of its lawful obligation:

Parking Spaces:

1. Parking spaces were modified to provide the requisite number of accessible parking spaces with proper dimensions and signage, including one "van accessible" space in conformance with the Standards § 4.1.2(5)(a), (b) and 4.6.4. This work shall be completed no later than December 31, 1999.

2. Curb ramps were modified so as not to encroach into the access aisle of the parking spaces in conformance with the Standards § 4.6.3.

Restrooms:

3. In the men's restroom, the stall door was removed so as not to encroach on the clear floor space required at the urinal in conformance with the Standards §§ 4.18.3 and 4.22.2.

4. The doors to the men's and women's restrooms have been modified by removing the closer and installing gravity hinges which will provide for the required maneuvering space on the pull side of the door in the vestibule outside the restrooms in conformance with the Standards § 4.13.6, and FIG. 25.

5. The men's and women's restrooms have been modified to provide for the required minimum clear floor space of seventeen (17) inches underneath the lavatories in conformance with the Standards §§ 4.19.2 and 4.19.3, FIGS. 31 and 32.

Preparation and Kitchen Area:

6. The door from the kitchen area into the vestibule outside the restrooms was removed and the opening modified to a three foot cased opening, thereby providing an accessible entrance into the area in conformance with the Standards § 4.13, FIG. 25.

7. The common use lavatory was relocated in order to provide the required maneuvering space for a forward approach in conformance with the Standards § 4.19.3, FIGS. 31 and 32.

Enforcement:

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. Respondent shall provide a copy of this Agreement to any person upon request.

9. 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 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.

10. 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 the federal district court for the Southern District of Mississippi, or any other appropriate federal district court, following written notice to Respondent of the possible violation and a period of ten (10) days in which Respondent 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).

11. In the event that Respondent fails to comply in a timely fashion with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as to a temporary modification of the relevant terms of the agreement, all terms of this agreement shall become enforceable in United States District Court, and such failure shall be considered a subsequent violation within the meaning of 42 U.S.C. § 12188(b)(2)(C)(ii).

12. If Respondent fails to take any actions described in this Agreement, without prior written approval of the Department of Justice, it shall be liable to the Department of Justice for a civil penalty of no less than $5,000 for each required action not taken, in addition to any appropriate compensatory damages caused by the failure to comply.

13. 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.

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

15. 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.

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

17. Each signer of this document for Respondent represents that he or she is authorized to bind Respondent to this Agreement.

    For Saxton Pierce Restaurant
    Corporation, dba Mazzio's Pizza:

    By:________________________________      Date:___________
    KELLY SAXTON

    BRAD PIGOTT
    United States Attorney

    By:_________________________________      Date:____________
       PSHON BARRETT
       Assistant United States Attorney
       Southern District of Mississippi
       188 East Capitol Street
       Suite 500
       Jackson, Mississippi 39201