MARY JO WHITE
United States Attorney
Southern District of New York

By: DEBORAH Y. YEOH (DY-5165)
Assistant United States Attorney
100 Church Street, 19th Floor
New York, New York 10007
Tel. No.: (212) 637-2703


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, Plaintiff,

                     - against -

RCPI TRUST and RADIO CITY
PRODUCTIONS LLC, Defendants.

CONSENT DECREE

99 Civ.


WHEREAS, Plaintiff United States of America (the "Government") commenced this action to enforce provisions of the Americans with Disabilities Act ("ADA") against defendants RCPI Trust and Radio City Productions LLC ("defendants"), pursuant to 42 U.S.C. § 12188(b)(1)(B); and

WHEREAS, the complaint alleges that defendants violated Title III of the ADA, 42 U.S.C. §§ 12181-89, and the Department of Justice's implementing regulation, 28 C.F.R. Pt. 36, by failing to remove from Radio City Music Hall ("Radio City") architectural barriers to access by persons with disabilities where such removal was readily achievable, or, where such removal was not readily achievable, by failing to make its goods and services available through readily achievable alternatives to barrier removal; and

WHEREAS, the complaint further alleges that prior to and for a period during the Government's ADA investigation of Radio City, defendants violated Title III of the ADA by failing to make reasonable modifications to their policies, practices and procedures in order to afford individuals with disabilities the opportunity to participate in, and benefit from, Radio City's goods and services in a manner equal to that afforded to other individuals, and by utilizing an administrative method that had the effect of discriminating on the basis of disability; and

WHEREAS, the complaint further alleges that prior to and for a period during the Government's ADA investigation of Radio City, defendants violated Title III of the ADA by failing to provide an assistive listening system and to advertise the existence of such system for use by individuals with disabilities when to do so would not have fundamentally altered the nature of the goods and services they provided or amounted to an undue burden; and

WHEREAS, defendants have appeared and consented to the entry of this Consent Decree, without admitting the allegations of the complaint; and

WHEREAS, the United States and defendants have consented to the entry of this Consent Decree without trial or adjudication of any issues of fact or law; and

WHEREAS, the United States and defendants agree that settlement of these matters without further litigation is in the public interest and that the entry of this Consent Decree is the most appropriate means of resolving these matters;

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:

  1. JURISDICTION AND VENUE

  1. This Court has jurisdiction over this action pursuant to 42 U.S.C. §§ 12188(b)(1)(B) and 42 U.S.C. §§ 1331 and 1345.

  2. APPLICATION AND PARTIES BOUND

  3. This Consent Decree applies to, and is binding upon, the Government and upon defendants. The undersigned representatives of defendants certify that they are authorized by defendants to enter into and consent to the terms and conditions of the Consent Decree and to execute and legally bind defendants to it.

  4. INJUNCTIVE RELIEF
  A.     BARRIER REMOVAL

  1. Defendants shall remove Radio City's architectural barriers to access, including the following:

    1. Defendants shall provide 59 wheelchair seating locations and 59 companion seats located next to the wheelchair seating locations pursuant to the floor plan attached hereto as Exhibit B. Defendants' policy regarding the sale of such wheelchair seating and companion seating locations is set forth in Exhibit C.

    2. Defendants shall provide 60 seats that have no arm rests or are equipped with folding or removable armrests and are suitable for transfer from a wheelchair ("aisle transfer seating") pursuant to the floor plan attached hereto as Exhibit B. Defendants' policy regarding the sale of such aisle transfer seating and companion seating locations is set forth in Exhibit C.

    3. Defendants shall modify Radio City's exterior and interior routes, doors and elevators in the manner set forth in Exhibit A.

    4. Defendants shall modify Radio City's public restrooms in the manner set forth in Exhibit A.

    5. Defendants shall make Radio City's fire alarms readily accessible to, and usable by, individuals with disabilities, including individuals who have hearing impairments, in the manner set forth in Exhibit A.

    6. Defendants shall make Radio City's public pay telephones readily accessible to, and usable by, individuals with disabilities, including individuals who use wheelchairs and individuals who have hearing impairments, in the manner set forth in Exhibit A.

    7. Defendants shall modify Radio City's drinking fountains in the manner set forth in Exhibit A.

    8. Defendants shall install accessible counters to make Radio City's concession stands and one ticket window readily accessible to, and usable by, individuals with disabilities, including individuals who use wheelchairs, in the manner set forth in Exhibit A.

    9. Defendants shall make Radio City's signage readily accessible to, and usable by, individuals with disabilities in the manner set forth in Exhibit A.

    10. Defendants shall remove protruding objects from Radio City in the manner set forth in Exhibit A.

    11. Defendants shall make one of Radio City's five dressing rooms and an adjacent shower/toilet room readily accessible to, and usable by, individuals with disabilities, including individuals who use wheelchairs, in the manner set forth in Exhibit A.

      1. Defendants shall make Radio City's tour route readily accessible to, and usable by, individuals with disabilities, including individuals who use wheelchairs, in the manner set forth in Exhibit A.

  2. The barrier removal requirements set forth in Exhibit A shall be completed within one year from the date of entry of this Consent Decree.

  B.    AUXILIARY AIDS AND SERVICES

  1. Defendants shall maintain and publicize the availability of an assistive listening system in Radio City that complies with the ADA as set forth in Exhibit A.

  C.     TICKETING PRACTICES

  1. Defendants shall ensure that their ticketing and pricing policies, practices and procedures afford individuals with disabilities the opportunity to participate in, and benefit from, Radio City's goods and services in a manner equal to that afforded to other individuals. Specifically, Radio City shall make tickets available for sale to individuals with disabilities at the same times and conditions as those for sale to the general public. Radio City shall sell the 29 wheelchair seats at the rear of the Orchestra level at third mezzanine prices.

    CERTIFICATION

  1. Within one year and thirty days from the date of entry of this Consent Decree, Defendants shall submit to the Government a certification, under penalty of perjury, stating that defendants have complied with this Consent Decree.VIOLATION OF THIS CONSENT DECREE

  2. A violation of this Consent Decree shall be deemed a subsequent violation of the ADA under 42 U.S.C. § 12188(b)(3); 28 C.F.R. § 36.504(b).RESERVATION OF RIGHTS

  3. Nothing contained in this Consent Decree is intended or shall be construed as a waiver by the Government of any right to institute any proceeding or action against defendants for violations of any statutes, rules or regulations administered by the Government, or to prevent or limit the rights of the Government to obtain relief under the ADA, or any other federal statutes or regulations, or on account of any violation of this Consent Decree or any other provision of law. However, subject to defendants' full compliance with the Consent Decree, the Government will not file a subsequent complaint against defendants pursuant to Title III of the ADA based on the facts in existence at the time of the filing of the complaint herein, unless defendants make alterations that do not comply with Title III of the ADA.

    MODIFICATION

  4. There shall be no modification of this Consent Decree without the written consent of the Government and defendants and the approval of the Court.

  5. This Consent Decree represents the entire agreement between the Government and defendants. No prior agreements, oral representations or statements shall be considered part of this Consent Decree.RETENTION OF JURISDICTION

  6. The Court shall retain jurisdiction of this action to enforce or modify the provisions of this Consent Decree, including but not limited to Exhibit C, and to entertain any application and issue any orders as may be necessary or appropriate for the effectuation of its terms.

  7. The parties shall discuss and attempt to negotiate a resolution of any dispute relating to the interpretation of this Consent Decree before bringing the matter to the Court's attention for resolution.

    EXECUTION OF CONSENT DECREE

  8. This Consent Decree may be executed in counterparts, each of which shall be an original and shall constitute one and the same instrument.

    INCORPORATION OF EXHIBITS

  9. All exhibits hereto are incorporated by specific reference into this Consent Decree and their terms are made a part of this Consent Decree as though fully recited or set forth herein.

    COSTS AND ATTORNEY'S FEES

  10. Each party shall bear its own costs and attorney's fees in this action.

    THE PARTIES HEREBY CONSENT to entry of the foregoing Consent Decree:

FOR THE UNITED STATES:

MARY JO WHITE
United States Attorney for the
Southern District of New York
Attorney for the
United States of America

___________________________     Date______________
DEBORAH Y. YEOH (DY-5165)
Assistant United States Attorney
100 Church Street, 19th Floor
New York, New York 10007
Tel. No.: (212) 637-2703

FOR DEFENDANTS:

PROSKAUER ROSE LLP
Attorneys for Defendants

___________________________     Date______________
CHRISTOPHER J. COLLINS (CC-3407)
1585 Broadway
New York, New York 10036-8299
Tel. No.: (212) 969-3961

______________________________
                                                      , on
behalf of Defendant RCPI Trust

______________________________
                                                      , on
behalf of Defendant Radio City
Productions LLC


JUDGMENT IS HEREBY ENTERED in accordance with the foregoing Consent Decree.

Dated:______________, 1999

New York, New York

_______________________________
UNITED STATES DISTRICT JUDGE