SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BY THE UNITED STATES OF AMERICA AND THE SHUBERT ORGANIZATION, INC., OWNER AND OPERATOR OF THE MAJESTIC THEATRE, FOR COMPLAINT X This matter was initiated by a complaint filed with the United States Department of Justice against the Majestic Theatre ("the Majestic") New York. The complaint was investigated by the Disability Rights 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 the Majestic Theatre violated the ADA, because its owner and operator 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 the Shubert Organization, Inc., owner and operator of the Majestic Theatre. In order to avoid costly litigation, the parties hereby agree as follows: 1. The Shubert Organization is a corporation incorporated under the laws of the state of New York. The Shubert Organization owns and operates the Majestic Theatre. 2. The Majestic is a public accommodation, a place of exhibition and entertainment for the general public. 3. The Majestic is located at 245-257 West 44th Street, New York, New York, 10036. 4. The Americans with Disabilities Act applies to the Majestic because it is a public accommodation as defined in section 301 (7)(C) of the Act and section 36.104 of the Department of Justice's regulation, 42 U.S.C.  12181, 28 C.F.R.  36.104. 5. The subjects of this settlement agreement include the provision of accessible theater seating to persons with disabilities, and the removal of architectural barriers to access by persons with disabilities to the Majestic's public rest rooms. 6. Subsequent to January 26, 1992, the effective date of title III of the ADA, the Shubert Organization operated a public accommodation with a provision for wheelchair seating in certain aisle areas of the orchestra. It is the position of the Department of Justice that the seating did not comply with the Americans with Disabilities Act Standards for Accessible Design ("the ADA Standards"). 01-06618 7. Subsequent to January 26, 1992, the effective date of title III of the ADA, the Shubert Organization operated a public accommodation with public rest rooms that were not readily accessible to persons with disabilities, including those who use wheelchairs. 8. The Department of Justice received a complaint after January 26, 1992, the effective date of the ADA, from a person with a disability, alleging that the Majestic was not in compliance with the ADA, because it had failed to provide accessible wheelchair seating spaces and accessible public rest rooms. 9. The Shubert Organization alleges that it has, since at least 1975, provided wheelchair seating areas in the Majestic Theatre and provided such locations at a substantially reduced price. Shubert alleges that the complaint was received from a person who had, in fact, purchased a ticket for a wheelchair location and attended a performance at the Majestic Theatre. 10. The Majestic was constructed between 1926 and 1927 and is designated as an historic landmark by the city of New York's Landmarks Preservation Commission. Due to the architectural design of the Theatre, and its designation as an historic landmark, it is not readily achievable for the Theatre to provide the number of wheelchair accessible seats that would be required by the ADA Standards. However, the parties agree that the theatre will provide at least four accessible wheelchair seating spaces as described in Attachment A hereto. 11. The Majestic has provided four wheelchair accessible seats, in accordance with the architectural plans attached hereto as Attachment A, which plans were approved by the New York City Department of Buildings. 12. The Majestic has provided an accessible route to the wheelchair accessible seats, connecting to an accessible route to the entrance, lobby, and accessible unisex rest room. 13. The Majestic has constructed an accessible unisex rest room on the lobby floor which is accessible to persons with disabilities. The unisex rest room was constructed in accordance with the architectural plans attached hereto as Attachment B as approved by the New York City Department of Buildings. 14. The Majestic shall install appropriate signage on the rest room door, indicating that the rest room is unisex and 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 ADA Standards at sections 4.1.3 (16) and 4.30.1. 2 01-06619 15. The Majestic shall install directional signage at a highly visible location in the theater lobby. This signage shall display the international symbol of accessibility and shall indicate the location of the accessible unisex rest room. The signage shall comply with the requirements set forth in the ADA Standards at section 4.1.3 (16). 16. The Majestic shall inform all personnel who have contact with theater patrons of the location of and route to the wheelchair seats and accessible rest room. Majestic personnel shall be instructed to provide this information to theater patrons upon request. 17. The Majestic shall inform all personnel who sell tickets to the general public (including those personnel with whom the Theatre contracts to sell tickets) of the existence and location of the four wheelchair accessible seats. The Majestic agrees that tickets for these seats shall be sold to individuals with mobility impairments on a first come, first served basis. The Majestic further agrees that tickets for these seats shall not be sold to persons without disabilities unless all other seats in the orchestra are sold. 18. 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. 19. In the event that the Majestic 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). 20. 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. 21. This agreement is a public document. A copy of this document or any information contained herein may be made available to any person. 22. This agreement shall become effective as of the date of the last signature below. This agreement shall be binding on all of the Majestic's successors in interest, and the Majestic has a duty to so notify all such successors in interest. 3 01-06620 23. 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 9, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. 24. This agreement does not affect the Majestic's continuing responsibility to comply with all aspects of the Americans with Disabilities Act, including its obligation to employ non-discriminatory policies, practices, and procedures, its obligation to continue to engage in readily achievable barrier removal, and its obligation to make all alterations to the theater in compliance with the Standards. 25. This agreement does not affect any ongoing or future investigations by the Department of Justice of any other entities owned or operated by the Shubert Organization. This settlement does not preclude the Department of Justice from taking any necessary enforcement actions against any entity owned or operated by the Shubert Organization, if the Department finds the entity not to be in compliance with the ADA. 26. 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. / / / / / / / / / / / / / / / / / / / / / / 4 01-06621 For the United States: (Signature) Sharon Perley Date: 3/25/96 ____________________________ Deval L. Patrick Assistant Attorney General Sharon N. Perley Joan A. Magagna John L. Wodatch Attorneys Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6016 For Majestic Theatre: (Signature) _______________________________ Date: 3/18/96 Senior Vice President & Chief Financial Officer 5 01-06622 (MAP) LOBBY/ORCHESTRA LEVEL PLAN 01-06623 (MAP) HC ACCESSIBLE TOILET PLAN 01-06624