SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE RAINDANCER RESTAURANT, FOR COMPLAINT XX Background 1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against the Raindancer Restaurant, located at 3031 East Commercial Boulevard, Ft. Lauderdale, Florida. The complaint was received by the Department on December 21, 1992, and was filed by XX XX is an individual with a mobility impairment who uses a wheelchair. An additional complaint about the Raindancer Restaurant was subsequently filed by XX an individual with a mobility impairment who uses a wheelchair. The complaints alleged that the restaurant's front entrance was inaccessible to persons using wheelchairs, and that the restrooms were inaccessible. The Department investigated the complaints under the authority granted by section 308(b) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.  12188. Intention of the Parties to Effect Settlement. 2. The parties to this agreement are the United States of America and the following: a) The Mary Anne Scully Trust, Lynne Z. Bickler, individually, and the Joseph L. Schmitt Trust, owners of the Raindancer Restaurant; and b) Azzolina's Raindancer Corp., a Florida corporation, operator of the Raindancer Restaurant. 3. The parties enter into this settlement agreement in order to avoid litigation and hereby agree as follows: Jurisdiction 4. Title III of the ADA applies to the Mary Anne Scully Trust, Lynne Z. Bickler, individually the Joseph L. Schmitt Trust, and to Azzolina's Raindancer Corp., a Florida corporation, because they own and operate the Raindancer Restaurant, a place of public accommodation, and are, therefore, public accommodations as defined in section 301(7) of the ADA and section 36.104 of the regulation promulgated under title III of the ADA (the "Regulation"). 28 C.F.R. Part 36. 5. The subject of this settlement agreement is the removal of architectural barriers, pursuant to 42 U.S.C.  12182 (2)(A)(iv) and 28 C.F.R.  36.304. Those provisions require that a public accommodation, such as the Raindancer Restaurant, remove architectural barriers in existing facilities where such removal is readily achievable, as that term is used in the Act. Such actions may include the installation of a ramp, installing grab bars in toilet stalls, rearranging toilet partitions to increase 01-04751 maneuvering space, insulating lavatory pipes under sinks to prevent burns, and a variety of other steps to increase the accessibility of the facility. Statement of the Facts 6. The Raindancer Restaurant is a restaurant located at 3031 E. Commercial Blvd., Ft. Lauderdale, Florida, and is owned by the Mary Anne Scully Trust, Lynne Z. Bickler individually and the Joseph L. Schmitt Trust, and is operated by Azzolina's Raindancer Corp., a Florida corporation. 7. At the time of the filing of the complaint, the Raindancer Restaurant was inaccessible to persons with mobility impairments, including those using wheelchairs, as there were a number of steps to the front, and no ramp by which to enter the facility. 8. At the time of the filing of the complaint, the men's and women's restrooms at the Raindancer Restaurant were inaccessible to persons using wheelchairs, as there were barriers to access, including insufficient maneuvering room inside the restrooms for persons using wheelchairs. 9. The Complainants are persons with mobility impairments who use wheelchairs. They are individuals with disabilities within the meaning of section 3(2) of the ADA. 10. All parties agree that the failure to provide access to the entrance and restrooms of the facility constituted a violation of the ADA. 11. The parties agree that installing a ramp to the front entrance, and modifying the restrooms so as to make them accessible are readily achievable, as that term is used in the Act. Actions Taken by the Raindancer Restaurant 12. The owners and operators of the Raindancer Restaurant are committed to full compliance with the Americans with Disabilities Act. To demonstrate that commitment, the Raindancer Restaurant has submitted architectural blueprints and drawings for removing barriers to the entrance and the restrooms to the Department, and the Department has approved those plans. The Restaurant has reported that it had built a ramp to the specifications set forth in the blueprints, and modified the restrooms in compliance with the blueprints. 2 01-04752 Actions to be Taken by the Raindancer Restaurant 13. Within 21 days of the date of the last signature affixed below, the Raindancer Restaurant shall pay the complainants $900 each as compensation, such payments to take the form of gift certificates redeemable for meals at the restaurant. The gift certificates shall be mailed by express mail to counsel for complainants. 14. Within seven days of the transmittal of the letters and certificates, copies of the gift certificates and the transmittal letters are to be mailed by certified mail, return receipt requested, to counsel for the United States Implementation and Enforcement of the Settlement Agreement 15. The Attorney General of the United States (the "Attorney General") is authorized, pursuant to section 308 (b)(1)(B) of the ADA, to bring civil actions under title III, 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 as set forth above, the Attorney General agrees to refrain from undertaking further investigation of this complaint or from filing civil suit under title III of the ADA in this matter. 16. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any provision thereof has been violated, it may institute a civil action. 17. Failure by the Department to enforce this entire agreement or any provision thereof shall not be construed as a wavier of its right to do so with regard to any other provisions of this agreement. 18. In the event that the Raindancer Restaurant fails to comply in a timely fashion with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as to a temporary modification of the relevant terms of the agreement, all terms of this agreement shall become enforceable in United States District Court. 19. This document is a public agreement. A copy of this document, or any information concerning its contents, may be made available to any person. The Raindancer Restaurant or the Department shall provide a copy of this agreement to any person on request. 3 01-04753 20. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on all of the Raindancer Restaurant's successors in interest, and the Raindancer Restaurant has a duty to so notify all such successors in interest. 21. The person who signs this agreement in a representative capacity for the Raindancer Restaurant represents that she or he is authorized to bind the Raindancer Restaurant to this agreement. 22. This agreement and any exhibits 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, that is not contained in this written agreement, shall be enforceable. This agreement is limited to the facts set forth in paragraphs 6 through 11 above, and it does not purport to remedy any other potential violations of the ADA or any other federal law. This agreement does not affect the Raindancer Restaurant's continuing responsibility to comply with all aspects of the ADA and to continue to engage in readily achievable barrier removal. For the United States: Deval L. Patrick Assistant Attorney General for Civil Rights (Signature) Marc Dubin (Handwritten) May 18, 1995 By:____________________ Date:__________ John L. Wodatch Irene Bowen Marc Dubin Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-0663 For the Raindancer Restaurant: Azzolina's Raindancer, Inc. By: Date: (Signature) (Handwritten) May 5, 1995 ______________________________ ____________ Richard Azzolina, Secretary (Signature) ______________________________ Peter Azzolina, President 4 01-04754 Mary Anne Scully Trust By: (Signature) Date: 5/11/95 ______________________ Mary Anne Scully As Trustee Joseph L. Schmitt Trust By: (Signature) Date: 5/10/95 ______________________ Rose Mary Smith Assistant Vice-President NationsBank of Florida, N.A. As Trustee By: (Signature) Date: 5/15/95 ________________________ Lynne Z. Bickler 5 01-04755