SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF EAST PROVIDENCE, RHODE ISLAND DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-66-8 Background 1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12131 - 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department), against the City of East Providence, Rhode Island (City). The complaint alleges that Pierce Field is inaccessible to persons with mobility impairments. 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. 2. The Department of Justice 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 of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. 3. The parties to this Agreement are the United States of America and the City. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows: 01-07238 -2- Facts 4. The City owns and operates a stadium, commonly known as Pierce Field, located in the City of East Providence. 5. Because of architectural barriers, Pierce Field is not readily accessible to and usable by persons with mobility impairments. Jurisdiction 6. The ADA applies to the City because it is a public entity as defined in 42 U.S.C. 12131. 7. 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 City. 8. Under the ADA, the services, programs, and activities provided in Pierce Field, when viewed in their entirety, must be accessible to and usable by persons with disabilities. Remedial Action 9. The subject of this Settlement Agreement is the development of a Compliance Plan that will ensure persons with disabilities access to the services, programs, and activities provided in Pierce Field. 10. The City will develop a written Compliance Plan, including a timetable to complete the following alterations to Pierce Field, and will submit the Plan for approval to the Department. The Plan will include architectural drawings or detailed description with specifications of the following modifications, all of which shall comply with the requirements of the ADA: a. Fifteen accessible seating locations and fifteen companion seats will be installed on the east side of the stadium located along the 50 yard line of the football field, and fifteen accessible seating locations and fifteen companion seats will be installed on the west side of the stadium at the 10-20 yard lines (for a total of thirty accessible seating locations and thirty companion seats). b. An accessible route will be provided to the accessible seating locations. c. Proper signage will be installed marking the route to the accessible seating locations. 01-07239 -3- d. Each of the restrooms located within the stadium will be modified to provide an accessible lavatory, an accessible water closet, an accessible paper towel dispenser, and an accessible mirror. e. Proper signage will be installed at the entrances to each of the restrooms. Alteration and construction of buildings and sites in conformance with either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Standards for Accessible Design will be deemed to comply with the requirements of the ADA. 11. Within thirty (30) days of the execution of this Agreement, the City shall submit a copy of the final written Compliance Plan to the Department for review and approval. 12. At the completion of the steps set out in the Compliance Plan approved by the Department, but in no case later than ninety (90) days following Departmental approval, the City will submit a final report on its implementation of the Compliance Plan to the Department. 13. At the end of the thirty (30) day period and at the end of the sixty (60) day period following Departmental approval of the Compliance Plan, the City will submit written progress reports on its implementation of this Agreement, and the Compliance Plan developed pursuant to this Agreement, to the Department. Implementation and Enforcement of the Agreement 14. 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 shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement. 15. This agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request. 16. The effective date of this Agreement is the date of the last signature below. 17. 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 ADA or 01-07240 -4- any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA. For the City: For the United States: Deval L. Patrick Assistant Attorney General for Civil Rights (Signature) (Signature) ____________________________ By:____________________________ Roland Grant John L. Wodatch Mayor Joan Magagna City of East Providence Naomi Milton Disability Rights Section Date September 6, 1995 Civil Rights Division U.S. Department of Justice (Signature) P.O. Box 66738 ____________________________ Washington, D.C. 20035-6738 Paul Lemont (202) 514-9807 City Manager City of East Providence Date September 6, 1995 Date March 21, 1996 01-07241