SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA AND
MOON RIVER ENTERPRISES, INC., BRANSON, MISSOURI

Background

  1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against Moon River Enterprises, Inc., the owner and operator of Andy Williams' Moon River Theatre ("Respondent"). The complaint was investigated by the Department under the authority granted by Section 308 (b) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12188.

The Parties

  1. The parties to this Settlement Agreement ("Agreement") are the United States of America and Moon River Enterprises, Inc.

  2. Andy Williams' Moon River Theatre is a theater located at 2500 W. Highway 76, Branson, Missouri 65616.

  3. Respondent, the owner and operator of Andy Williams' Moon River Theatre, is a public accommodation as defined by title III of the ADA because respondent is the owner or operator of a "theater . . . or other place of exhibition or entertainment." 42 U.S.C. § 12181; 28 C.F.R. § 36.104(3).

  4. The subject of this Agreement is readily achievable barrier removal at the Andy Williams' Moon River Theatre.

  5. The Department conducted a site visit of the Moon River Theatre that identified a number of architectural barriers to access in and around the theater. The Department believes that the failure to remove barriers violates title III of the ADA.

ACCORDINGLY, IT IS HEREBY AGREED THAT:

  1. Moon River Enterprises, Inc. is a private entity that owns and operates the Andy Williams' Moon River Theatre, a place of public accommodation as defined by title III of the ADA, 42 U.S.C. § 12181, and 28 C.F.R. § 36.104. The theater is subject to the "readily achievable" barrier removal provisions of the ADA at 42 U.S.C. § 12184 and 28 C.F.R. § 36.304 because it is a place of public accommodation as defined in § 36.104.

  2. This Agreement is final and binding on all parties to this action, including all principals, agents, and successors in interest of Andy Williams' Moon River Theatre and the United States Department of Justice.

  3. Respondent has cooperated fully towards the removal of barriers to access where readily achievable to do so since it was first notified of the complaint filed with the Department. This Agreement does not constitute an admission of a violation of the ADA on the part of Moon River.

ACTIONS TO BE TAKEN BY MOON RIVER ENTERPRISES, INC.

  1. In the time since Respondent was first notified of violations at the theater and the date of this Agreement, Respondent has corrected many of the problems identified in the Department's site survey, paragraph 6 above, including adding additional signage, making the public telephones accessible, installing visual alarms in the mens' and womens' rooms, and improving accessibility in the restrooms. In order to fully resolve this matter, Respondent agrees to take the following additional steps to remove barriers to access by April 15, 1998:

    1. Provide a designated area adjacent to an accessible route where persons with disabilities may be dropped off and picked up if all designated accessible parking spaces are filled;

    2. Install additional vertical signage at the accessible parking spaces closest to the main entrance of the theater that complies with the ADA Accessibility Guidelines for Buildings and Facilities ("Standards") §§ 4.1.2(5), 4.6.4;

    3. Ensure that the accessible route from the designated accessible parking spaces to the designated accessible entrance has no change in level at the walkway joints, Standards §§ 4.1.2(1), 4.3.8, 4.5.2, and is regularly inspected;

    4. Convert the existing designated accessible stall into an alternate toilet stall in the mens' and womens' room in the upper and lower lobbies; the stall is to be 36 inches wide with parallel grab bars complying with Figures 30(b) and (d) and Standards §§ 4.1.3(11), 4.17.3, 4.26, and 4.22.4.

    5. Provide grab bars in all alternate stalls (see paragraph 10(d) above) that are mounted in the required location and at the required height in accordance with Standards §§ 4.1.3(11), 4.17.6, 4.22.4, and Figure 30(d).

    6. Ensure that the centerline of the toilet is exactly 18 inches in all mens' and women's room alternate stalls. Standards §§ 4.1.3(11), 4.17.3, 4.22.4.

    7. Relocate the toilet paper dispenser so that it does not obstruct the grab bar in both the mens' and women's room alternate stalls. Standard §§ 4.1.3(11), 4.16.6, 4.22.4.

    8. Provide the required number of accessible wheelchair locations in the theater area. Standards §§ 4.1.3(19)(a), 4.33.1.

  2. Nothing herein shall require Respondent to invalidate, refuse to honor, modify and/or exchange any tickets already sold for the 1998 holiday season as of the date of this Agreement which are for seats that ultimately will become designated as accessible wheelchair locations pursuant to paragraph 10(h) herein.

  3. Prior to commencement of work, but no later than March 29, 1998, Respondent shall provide the United States with a detailed dimensioned sketch or drawing of the proposed barrier removal work. The United States shall have 15 days from receipt of Respondent's list to notify Respondent in writing of its approval of the plans or of its objections.

IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT 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 Respondent complies with the terms of this Agreement.

  2. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any requirement thereof has been violated, it agrees to notify Respondent in writing of the specific violation(s) alleged. Respondent shall have forty-five (45) days from its receipt of the notice to cure the violation(s) and provide written certification, and photographs if appropriate, to the Department. If Respondent fails to cure the violation(s) or provide written certification within the forty-five (45) day period, the Department may institute a civil action for relief in Federal district court, and the Department is authorized to seek civil penalties for any violation of this agreement, pursuant to 42 U.S.C. § 12188(b)(2)(C).

  3. A violation of this Agreement that is not cured pursuant to paragraph 14 above shall be deemed a subsequent violation of the ADA. 42 U.S.C. § 12188(b)(3) and 28 C.F.R. § 36.504(b).

  4. By April 30, 1998 the Respondent shall certify to the Department, in writing, that they have fulfilled all of their obligations under this Agreement. The certification shall describe the steps that have been taken to fulfill those obligations and shall be accompanied by photographs depicting the completed barrier removal work. The parties expressly agree that providing such certification is essential to the enforcement of this agreement, and that a failure to provide the certification required by this paragraph constitutes a breach of this agreement sufficient to warrant the penalties set out in paragraph 14.

  5. The United States agrees that Respondent's completion of the steps set forth in this Agreement has fully resolved the complaint submitted to the United States and the issues detailed in paragraphs 6 and 10, above. The United States further agrees that the complaint and the investigation in this matter shall be administratively closed upon completion of the steps set forth in this Agreement.

  6. 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 or the United States shall provide a copy of this Agreement to any person on request.

  7. The effective date of this Agreement is the date of the last signature below. This Agreement shall be binding on Respondent and its successors in interest, and Respondent has a duty to so notify all such successors in interest.

  8. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement.

  9. 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, shall be enforceable. This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act, including violations of the alterations or new construction provisions of the Act, or any other Federal law. This Agreement does not affect the continuing responsibility of Respondent to comply with all aspects of the Americans with Disabilities Act, including readily achievable barrier removal.

  10. A signor of this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation or other entity to this Agreement.

Agreed and Consented to:

For the UNITED STATES OF AMERICA

________________________________      Date:____________________
JOHN L. WODATCH, Chief
L. IRENE BOWEN, Deputy Chief
PHYLLIS M. COHEN, Trial Attorney
LUCILLE K. JOHANSEN, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
Tel: (202) 514-3882

For MOON RIVER ENTERPRISES, INC.

_________________________________      Date:____________________
TENNYSON FLOWERS, Secretary