SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND CARMIKE CINEMAS INC.

1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") by Linda Shroyer Garton on behalf of individuals with disabilities against three theaters operated by Carmike Cinemas Inc. in Des Moines, Iowa. The complaint was investigated by the Disability Rights Section of the Civil Rights Division of the Department of Justice, under the authority granted by section 308(B) of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12188 et seq. The complaint alleges that the theaters failed to remove architectural barriers where such removal was readily achievable. The ADA requires owners and operators of existing places of public accommodation, such as Carmike Cinemas Inc. to remove barriers to access to the extent that it is readily achievable to do so. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304.

2. The parties to this settlement agreement are the United States of America and Carmike Cinemas Inc. (hereinafter "Carmike").

3. The ADA applies to Carmike because it owns and leases motion picture houses, as defined in section 301(7)(C) of the ADA, 42 U.S.C. §12181, and section 36.104 of the Department's implementing regulation, 28 C.F.R. § 36.104.

4. In order to resolve this matter without resort to litigation, the parties have entered this settlement agreement.

5. The subject of this settlement agreement is the removal of architectural barriers at theaters operated by Carmike including two theater complexes operated by Carmike in Des Moines, Iowa: the River Hills Twin theaters and the Sierra 3 theaters. The complaint also alleged barriers at the Forum IV theaters, however, Carmike has advised the Department those theaters will no longer be operated by Carmike after June 1998.
   II
   ACTIONS TO BE TAKEN

6. Carmike agrees that, by July 15, 1998, it will, by making the changes stated in Attachments 1 and 2 complete the readily achievable removal of barriers to accessibility, or alternatives to barrier removal, at two theaters operated by Carmike in Des Moines, Iowa: the River Hills Twin theaters and the Sierra 3 theaters. Carmike agrees to complete such barrier removal in a manner that is consistent with title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12181-89, and the Department's title III regulation, 28 C.F.R. pt. 36, including the Standards for Accessible Design, Appendix A ("the Standards").

7. Carmike also reiterates its commitment to take all necessary steps to ensure that all theaters owned and/or operated by it are in compliance the ADA. In furtherance of that commitment, Carmike will, by July 20th 1998, distribute to all theaters owned or operated by it a copy of Attachment 3 to this Agreement. This document, created by Carmike, consists of a questionnaire designated to assist Carmike management in the identification of existing, potential barriers and a threshold determination of what steps might be available for removal of such existing, potential barriers.

Implementation and Enforcement of the Settlement Agreement