U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66113 Washington D.C., 30035-6118 SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and LAND CLEARANCE REDEVELOPMENT AUTHORITY OF THE CITY OF ST. LOUIS, MISSOURI DEPARTMENT OF JUSTICE COMPLAINT NUMBER XXXXX This matter was initiated by a complaint filed by three complainants in July 1992, 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, Coordination and Review Section, against the City of St. Louis, Missouri (the City). The complaint alleged that the ticket pricing policies of the City's Saint Louis Arena (the Arena) discriminate against individuals with disabilities who request accessible seating to attend events in the Arena; that the policies and practices of the Arena with regard to companion seating discriminate against individuals with disabilities; and that the parking policies and practices of the Arena discriminate against qualified individuals with disabilities. In addition, the complaint asserted that the Arena did not provide sensitivity training to its ushers and customer service representatives and that the accessible seating provided at the Arena does not meet the requirements of the Act. Specifically, the three complainants filed complaints as a result of the treatment they received during the May 9, 1992 Campbell's Soups Tour of Figure Skating Champions (ice skating show), held at the Arena. Complainant A alleges that, among other things, Arena representatives said that her reserved seats were given to another patron because tickets for accessible seating had been oversold; and that Arena representatives told 01-06289 - 2 - her to move her daughter to another location or leave the Arena with a refund. Complainant B alleges that, among other things, she was charged the highest ticket price, the only ticket price available to persons with disabilities; that she could purchase only one additional seat for someone to accompany her to the event; and that, when she told an arena representative that she needed to purchase another companion seat for her five year-old daughter, she was told to purchase a seat for her daughter elsewhere in the Arena. She also alleges that, during the show, her family was moved from the aisle to the doorway, then from the doorway to the aisle; that, during the show, people bumped into her wheelchair and made rude comments to her and her family; and that an Arena representative told her that, when there is an overflow of patrons who use wheelchairs, wheelchair seating is on a first- come, first-served basis; that she was told to leave the Arena before the final two skaters performed -- whose performances were the primary reason that she attended the show -- in order to allow other people to leave the building. Complainant C alleges that, among other things, her husband had to park "miles from the Arena and navigate the pot hole- filled parking lot in the dark," because no parking for persons with disabilities was available; that an Arena representative told her that anyone in a wheelchair was seated in that reserved section regardless of what tickets they had purchased; that, when she complained that sitting in the tunnel was unacceptable, she was told by an Arena representative, "if you don't like it, you can leave;" and that there were steps at the end of the tunnel, and that, if there had been an emergency, she would have had no means to escape. The Department of Justice (the Department) is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the City with Title II of the ADA and the Department's implementing Title II regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C.  12133, to bring a civil-action enforcing Title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C.  12212, the parties have entered into this Agreement. 01-06290 - 3 - The parties to this Agreement are the United States of America and the Land Clearance Redevelopment Authority of the City of St. Louis, Missouri (hereinafter referred to as "the LCRA"). In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the Arena because it is a public entity as defined in 42 U.S.C.  12131. 2. The Land Clearance Redevelopment Authority of the City of St. Louis, Missouri, owns and operates the Saint Louis Arena, a general use facility. 3. 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 LCRA. 4. The LCRA may not maintain policies that deny or limit the benefits of or participation by individuals with disabilities in the events held at LCRA-owned facilities. 5. This Settlement Agreement requires the Arena to provide compensatory damages to the three complainants who filed this complaint for the pain, suffering, and humiliation they experienced at an ice skating show in July, 1992. 6. The Arena was closed after its last event in August, 1994. Acknowledging the closure of the Arena, the Department and LCRA have agreed that the Department shall withdraw its request that the Arena add more accessible seating, provide training, and develop new policies regarding ticketing, companion seating, and parking. 7. After receipt of copies of the releases contained at Attachments B and C from the Department, and within 30 days of the effective date of this Agreement, the LCRA shall forward to Complainants B and C checks in the amounts of Five Thousand Four Hundred Eighty Dollars ($5,480) each, as compensatory damages for their pain, suffering, and humiliation experienced at the ice skating show. 8. After receipt of the copy of the release contained at Attachment A from the Department, and within 30 days of the effective date of this Agreement, the LCRA shall forward to Complainant A a check in the amount of Five Thousand Five Hundred Ninety-Four Dollars ($5,594) as compensatory damages for her pain, suffering, and humiliation experienced at the ice skating show, and a refund for the three tickets that she purchased for the ice skating show. 01-06291 - 4 - 9. The Department agrees that the LCRA's completion of the steps set forth in this Agreement will fully resolve the complaints filed with the Department by the Complainants. 10. Within 30 days of the effective date of this Agreement, the LCRA shall provide the Coordination and Review Section, Civil Rights Division, with a copy of the checks made out to Complainants A, B, and C. 11. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the LCRA or the Department on request. 12. The effective date of this Agreement is the date of the last signature below. 13. The Department may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 14. The Department's failure to enforce this entire Agreement or any provision thereof with respect to any deadline of any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 15. In the event that the LCRA fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, all terms of this Agreement shall become enforceable in an appropriate Federal court. 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, shall be enforceable. This Agreement 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 LCRA's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. 01-06292 - 5 - For the Land Clearance For the United States: Redevelopment Authority of the City of St. Louis, Missouri: Merrily A. Friedlander Acting Chief Merle H. Morrow, Attorney Steven P. Harris, Investigator Coordination & Review Section Civil Rights Division U.S. Department of Justice P. O. Box 66118 Washington, DC 20035 Date February 22, 1955 Date 2/27/95 01-06293