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SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HOLMES HONDA WORLD, Shreveport, Louisiana

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-33-7

BACKGROUND

  1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§12181-12189, with the United States Department of Justice, Civil Rights Division, Disability Rights Section ("Department"), against Holmes Honda World, ("Holmes"), in Shreveport, Louisiana. The complaint alleges that Holmes Honda World has violated title III of the ADA and the Department of Justice's implementing regulation, 28 C.F.R. Part 36, by failing to remove barriers in its dealership, where such removal is readily achievable. Specifically, the complaint alleges that Holmes Honda World is inaccessible to individuals with mobility impairments or who use wheelchairs. 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 36, Subpart E, to investigate fully the allegations of the complaints in this matter to determine Holmes Honda World's compliance with title III of the ADA and the Department of Justice's implementing regulations, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Further, the Attorney General is authorized under 42 U.S.C. §12133, to bring a civil action to enforce title III of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart E.

  3. The parties to this Settlement Agreement ("Agreement") are the United States of America and Holmes Honda World. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation and from filing civil suit in this matter. In the interest of securing compliance by voluntary means, the parties hereby agree as follows:

JURISDICTION

  1. The ADA applies to Holmes Honda World because it is a public accommodation as defined in the Department of Justice's regulations implementing title III. 28 C.F.R. §36.104.

  2. Charlton Holmes, the owner of Holmes Honda World, is responsible for the operation of Holmes Honda World in Shreveport, Louisiana.

  3. Title III of the ADA requires that Holmes, as a place of public accommodation, is required to remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable. 28 C.F.R. §36.304(a).

  4. Title III of the ADA requires that Holmes, as a place of public accommodation, should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. 28 C.F.R. 36.304(c)(2).

  5. Title III of the ADA requires that Holmes, as a place of public accommodation, should take measures to provide access to restroom facilities. 28 C.F.R. §36.304(c)(3).

  6. Title III of the ADA also requires that Holmes, as a place of public accommodation, should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. 28 C.F.R. §36.304(c)(4).

  7. In the event that Holmes can demonstrate that barrier removal is not readily achievable, it must make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable. 28 C.F.R. §36.305(a).

REMEDIAL ACTION

  1. Due to architectural barriers, Holmes Honda World located at 1023 Shreveport-Barksdale Highway in Shreveport, Louisiana, is inaccessible to and unusable by individuals with mobility impairments. The Holmes Honda World complex consists of five (5) separate buildings: Parts Building, Mechanical Services Department ("Body Shop"), Cashier's Office, Paint Shop, and, Showroom.

  2. Since the Cashier's Office and Parts Department are currently inaccessible to individuals with mobility impairments, Holmes agrees to instruct its employees to provide the services of these respective departments, upon request, to patrons with mobility impairments, or who use wheelchairs, in the dealership showroom or over the telephone.

  3. Within sixty (60) days of the execution of this Agreement, Holmes agrees to install a counter in the showroom which is a minimum of 36 inches in length, with a maximum height of 36 inches, complying with The Standards for Accessible Design ("Standards"), Appendix A to 28 C.F.R., Part 36, §7.2(1).

  4. Within sixty (60) days of the execution of this Agreement, Holmes agrees to install a unisex, accessible restroom in an accessible location within the showroom. The accessible restroom shall comply with §4.22 of the Standards.

  5. Within thirty (30) days of the execution of this Agreement, Holmes agrees to provide the Department of Justice with construction plans, including blueprints and drawings, representing the accessible counter and unisex accessible restroom. Holmes also agrees to provide these plans to the Department with sufficient time for the Department to review and approve these plans prior to commencement of construction. These plans will also include a timetable for completion of construction.

  6. Within thirty (30) days of the effective date of this Agreement, Holmes further agrees to post the following notice, or its equivalent, in various prominent locations inside and outside the dealership:

    In accordance with the requirements of title III of the Americans with Disabilities Act of 1990, no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. Any individual requiring assistance accessing the services at Holmes Honda World, should contact Keith Hightower, General Manager at (318) 869-4800, for further assistance.

  7. Within thirty (30) days of the effective date of this Agreement, Holmes agrees to train all personnel regarding its responsibilities under the ADA. Specifically, Holmes agrees to train all its personnel in responding to inquiries from individuals with disabilities who require accommodation(s) to participate in any service offered by the dealership.

IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT

  1. 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 Holmes or the Department upon request. Holmes will provide a copy of this Agreement to any person upon request.

  2. 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 and has not been able to resolve the dispute through reasonable attempts at conciliation, it may institute a civil action in Federal district court following written notice to Holmes Honda World of the possible violation and a period of ten (10) days in which Holmes Honda World has the opportunity to cure the alleged violation.

  3. 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, will not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement.

  4. The effective date of this Agreement is the date of the last signature below.

  5. 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, will be enforceable under its provisions.

  6. This Agreement is limited to the facts set forth herein and 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 Holmes Honda World's continuing responsibility to comply with all aspects of title III of the ADA.

  7. The signer of this document for Holmes Honda World represents that he or she is authorized to bind Holmes Honda World to this Agreement.

For Holmes Honda World:

_____________________________      Date:__________
Keith Hightower
General Manager
Holmes Honda World
1023 Shreveport Barksdale Highway
Shreveport, Louisiana 71105
(318) 869-4800

For the United States:

Isabelle Katz Pinzler
Acting Assisting Attorney General
for Civil Rights

_____________________________      Date:__________
John L. Wodatch, Chief
Allison Nichol, Deputy Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 305-1117

Updated July 25, 2008