SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BY THE UNITED STATES OF AMERICA AND SARDI'S ENTERPRISES, LTD., DOING BUSINESS AS SARDI'S RESTAURANT, FOR COMPLAINT XX This matter was initiated on October 6, 1992, by a complaint filed with the United States Department of Justice against Sardi's Restaurant, located at 234 West 44th Street, New York, New York. The complaint was investigated by the Public Access Section of the Civil Rights Division of the United States Department of Justice under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA" or "The Act"), 42 U.S.C.  12188. The complaint alleged that Sardi's Restaurant violated the ADA, because its owners and operators failed to remove architectural barriers to access by persons with disabilities where such removal was readily achievable. The parties to this agreement are the United States of America and Sardi's Enterprises, Ltd., doing business as Sardi's Restaurant ("Sardi's"). In order to avoid costly litigation, the parties hereby agree as follows: 1. Sardi's Enterprises, Ltd., doing business as Sardi's Restaurant, is a corporation incorporated under the laws of the state of New York. Sardi's is a public accommodation, providing food and beverages to the public for consumption on its premises. 2. Sardi's is located at 234 West 44th Street, New York, New York, 10036, and is owned by Mr. Vincent Sardi. 3. The Americans with Disabilities Act applies to Sardi's, because the restaurant is a public accommodation as defined in section 301(7)(B) of the Act and section 36.104 of the Department's of Justice's regulation, 42 U.S.C.  12181, 28 C.F.R.  36.104. 4. The subject of this settlement agreement is the removal of architectural barriers to access by persons with disabilities to Sardi's public restrooms. 5. Subsequent to January 26, 1992, the effective date of title III of the ADA, Sardi's operated a public accommodation with public restrooms that were allegedly inaccessible to persons with disabilities, including those who use wheelchairs. The restrooms did not meet the standards for accessibility set forth in sections 4.22 or 4.23 of the Americans with Disabilities Act Standards for Accessible Design ("the Standards"). 1 01-06625 6. The Department of Justice received a complaint dated September 24, 1992, from a person with a disability, alleging that Sardi's was not in compliance with the ADA, because it had failed to remove architectural barriers to access to its public restrooms where such removal appeared to be readily achievable. 7. The construction of an accessible unisex restroom is readily achievable and will make the public restrooms at Sardi's accessible to persons with disabilities. The unisex restroom is a permissible alteration under section 4.1.6(3)(e)(i) of the Standards where it is technically infeasible to comply with section 4.22 or 4.23. It is technically infeasible to comply with section 4.22 or 4.23. 8. Sardi's agrees to construct an accessible unisex restroom on the fourth floor of the restaurant, which is serviced by an accessible elevator. The unisex restroom is to be constructed in accordance with the architectural plans attached hereto as Attachment A. 9. The construction of the unisex restroom shall be in compliance with sections 4.16 and 4.19 of the Standards. 10. Sardi's further agrees to install appropriate signage indicating that this restroom is accessible to persons with disabilities. The signage shall display the international symbol of accessibility and shall comply with the requirements set forth in the Standards at section 4.1.3(16). 11. Sardi's further agrees to install directional signage outside the public restrooms located on the second and third floor of the restaurant, outside the elevator that services the fourth floor of the restaurant, and in the vestibule at the main entrance. This signage shall display the international symbol of accessibility and shall indicate that the accessible restroom is located on the fourth floor of the restaurant, which can be reached by an elevator. The signage shall comply with the requirements set forth in the Standards at section 4.1.3(16). 12. Sardi's further agrees to inform all personnel who have contact with restaurant patrons of the location of and route to the accessible restroom. Restaurant personnel shall be instructed to provide this information to restaurant patrons upon request. 13. Sardi's further agrees to commence construction of the accessible unisex restroom within thirty (30) days of the effective date of this agreement. 14. Sardi's further agrees to complete the actions specified in paragraphs 8 through 11 within ninety (90) days of the effective date of this agreement. 2 01-06626 15. The Attorney General is authorized, pursuant to section 308(b)(1)(B) of the Act, 42 U.S.C.  12188(b)(1)(B), to bring a civil action 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 set forth above, the Attorney General agrees to refrain from further investigation of this matter. 16. In the event that Sardi's fails to comply in a timely fashion with any requirement of this agreement, all terms of this agreement shall become enforceable in federal district court and the Attorney General is authorized to seek civil penalties, pursuant to 42 U.S.C.  12188(b)(2)(C). 17. Failure by the Department of Justice to enforce this entire agreement with regard to any deadline herein shall not be construed as a waiver of its right to do so with regard to future deadlines and provisions of this agreement. 18. 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 for relief in federal district court. 19. This document is a public agreement. A copy of this document or any information contained herein may be made available to any person. Sardi's or the Department of Justice shall provide a copy of this agreement to any person upon request. 20. This agreement shall become effective as of the date of the last signature below. This agreement shall be binding on all of Sardi's successors in interest, and Sardi's has a duty to so notify all such successors in interest. 21. This agreement and the plans attached hereto constitute 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 or the attached plans, shall be enforceable. This agreement is limited to the facts set forth in paragraphs 1 through 7, 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 Sardi's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. Specifically, this agreement does not affect duties raised with regard to Sardi's policies, procedures and practices, or with regard to barrier removal in other parts of the 234 West 44th 3 01-06627 Street facility or any other facility owned or operated by Sardi's. 22. The parties to this agreement agree to bear their own costs. 23. 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. For the United States: (Signature) James P. Turner ______________________________ Date: 7-19-93 James P. Turner Acting Assistant Attorney General Sharon N. Perley Joan A. Magagna John L. Wodatch Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6016 For Sardi's Restaurant: (Signature) ________________________________ Date: 7/19/93 (Handwritten) V.M. KLIMAVICIUS, V. PRES 4 01-06628