FILED MAY 21 1993 H. STUART CUNNINGHAM, CLERK UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THE UNITED STATES OF AMERICA ) ) Plaintiff, ) ) Case No. 93 C 3075 v. ) ) VENTURE STORES, INC., ) ) Defendant. ) ) ) JOAN L. ABBATI and PAMELA KERO, ) ) Plaintiff, ) Case No. 92 C 6677 ) v. ) Judge Holderman ) VENTURE STORES, INC., ) Magistrate Bobrick ) ) Defendant. ) CONSENT AGREEMENT AND ORDER I. Introduction In May, 1993, the United States filed its action against Venture Stores, Inc. ("Venture"), alleging that Venture's check- writing policy violated title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. SS 12181-12189, and the Department of Justice implementing regulation 28 C.F.R. pt. 36. Under the policy, Venture accepted driver's licenses and Venture check-cashing cards, but did not accept state identification cards ("State ID cards"), as proof of identification for check- 01-06922 - 2 - writing purposes from anyone. Many persons who cannot obtain driver's licenses due to their disabilities use State-issued identification cards in lieu of driver's licenses for identification purposes. Although a State ID card could be used to obtain a Venture check-cashing card, the United States alleged that this procedure was less convenient and more burdensome. Venture denies that its policy violated the ADA or any other laws. In October, 1992, Joan Abbati and Pamela Kero filed their private action against Venture, also challenging the check- writing policy under the ADA. Abbati and Kero have also filed charges under the Illinois Human Rights Act (Charge Nos. 1992 CP 3093 and 1993 CP 1162). In addition, Abbati has filed complaints under the City of Chicago Human Rights Ordinance (Charge No. 92 PA 19), and with the United States Department of Justice. Mark Griffith and Lynn Golightly have also filed complaints with the United States Department of Justice. Following discussions with the plaintiffs and the United States Department of Justice, Venture has voluntarily agreed to implement a new check-writing policy, under which Venture will accept state identification cards as identification for check- writing purposes in the same manner and circumstances as it currently accepts driver's licenses. The parties agree that this Agreement and Order is not an admission of liability and should not be construed as an admission by Venture of any liability. Venture has agreed to take the steps outlined in this Agreement 01-06923 - 3 - to assure all persons with disabilities that they are welcome to enjoy the privileges and benefits of shopping at Venture and to eliminate any perceptions that its policies, practices, and procedures discriminate on the basis of a person's disability. The parties agree that: this Court has jurisdiction of this action under 42 U.S.C S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345; Venture Stores, Inc., is a Delaware corporation which operates a chain of retail discount stores located in eight states (Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri and Oklahoma); and, Venture is a public accommodation as defined by title III of the ADA, 42 U.S.C. S 12181 and 28 C.F.R. S 36.104. This settlement is final and binding on all parties to this action, including all principals, agents and successors in interest of Venture, the individual plaintiffs, and the United States Department of Justice. ACCORDINGLY, IT IS HEREBY AGREED AND ORDERED: 1. Venture, its officers, agents and employees, and all other persons in active concert or participation with any of them shall accept State ID cards as identification for check-cashing purposes from persons who do not drive because of their disabilities, in the same manner and circumstances as driver's licenses are accepted as identification; 2. Within 90 days of the date this Agreement is entered by the Court, Venture shall provide notice in writing of the change in its check-writing policy to all employees who have any 01-06924 - 4 - responsibilities for taking or receiving checks from customers. Venture shall also conduct and complete within 90 days a training program to the same effect, explaining by oral and written communication its check-writing policy and any operational changes to its equipment which its employees need to know to accept State ID cards at its cash registers. After that 90-day period, Venture shall have a continuing obligation to advise new employees who have any responsibilities for taking or receiving checks from customers of its policy to accept State ID cards for identification in the same manner and circumstances as driver's licenses are accepted; 3. Within 90 days of the date this Agreement is entered by the Court, Venture shall provide notice to its customers that it will accept State ID cards as identification for check-writing purposes from persons who do not drive because of their disabilities, by revising all of its current statements to provide an accurate statement of its check-writing policy (including, as an example, changing in-store signs to reflect the change in policy); 4. Within 30 days of the date of this Order, Venture shall tender payment in the amounts of $2200 each to: Joan Abbati, Mark Griffith, Lynn Golightly and Pamela Kero, as alleged monetary damages. The parties agree that Venture may comply with this paragraph by offering each of the individuals certificates for Venture merchandise in the amount of $2200; 01-06925 - 5 - 5. The United States agrees that Venture's completion of the steps set forth in this Order will fully resolve the complaints filed by Joan Abbati, Lynn Golightly and Mark Griffith relating to Venture's check-writing policy under the ADA; upon receipt of the payments specified in paragraph 4, Golightly and Griffith will execute releases in the form set forth in Attachment A; 6. The United States agrees to waive any and all claims for civil penalties, costs, and monetary damages except as stated herein, so long as Venture complies with the terms of this agreement; the United States further agrees not to file suit against Venture in the future regarding the check-writing policy at issue in this litigation so long as Venture complies with the terms of this agreement; 7. Within 90 days of the date of this Order, Joan Abbati and Pamela Kero will dismiss with prejudice any and all of their complaints and claims for damages and other relief against Venture relating to Venture's check-writing policy under the Illinois Human Rights Act and/or the City of Chicago Human Rights Ordinance, with the sole exception that if the Court will not determine the amount of reasonable attorney's fees owed by Venture, if any, to the law firm of Monahan & Cohen and to the Legal Center for the Council for Disability Rights under the private plaintiffs' charges pursuant to the Illinois Human Rights Act and the City of Chicago Human Rights Ordinance, the 01-06926 - 6 - respective relevant agencies will retain jurisdiction to resolve these issues. 8. Kero and Abbati agree not to institute or bring any additional claims, complaints, or charges against Venture regarding its check-writing policy so long as Venture complies with the terms of this Agreement; 9. Venture and the private plaintiffs agree that the Court shall determine the amount of reasonable attorney's fees and costs owed by Venture, if any, to the law firm of Monahan & Cohen and to the Legal Center for the Council for Disability Rights; 10. Kero and Abbati and their attorneys agree that all communications regarding this agreement and the underlying claims, lawsuits, charges, and legal issues will be limited to the attached press statement; 11. Within 120 days of the date of this Order, Venture shall submit a report to the United States and to plaintiffs' counsel detailing the actions it has taken to comply with the preceding provisions; the report shall include copies of all written materials provided to employees pursuant to paragraph 2 and copies of written notices provided to customers pursuant to paragraph 3; 12. Venture is required pursuant to this Order to implement its new check-writing policy within 90 days of the date of this Order. During the term of this Order, Venture shall report to the United States in writing, within 30 days of receipt, of any and all written complaints it receives at any time after 90 days 01-06927 - 7 - following the date of this Order relating to discrimination on the basis of disability in connection with Venture's revised check-writing policy that occurs after the date the revised policy is required to be in effect. Such report shall include copies of all documents in Venture's possession relating to the complaint and a statement of Venture's actions, if any, taken in response to the complaint; 13. The parties agree that if Venture can show that a State has changed its requirements, methods and procedures for obtaining State ID cards such that those requirements, methods or procedures are not substantially equal to those for obtaining State driver's licenses (with the exception of the actual driving and written driving examination), Venture will notify the United States (and private plaintiffs, if Illinois is at issue) and attempt to resolve the question as to whether Venture should be relieved of its obligation to accept State ID cards as identification in the same manner and circumstances as driver's licenses are accepted for identification. If the parties are unable to resolve this issue, any party may raise the issue with this Court. 14. The parties shall attempt to negotiate a resolution of any dispute relating to the interpretation or implementation of this Agreement before bringing the matter to the Court's attention for resolution; 15. This case is administratively closed, but the Court shall retain jurisdiction of this action to enforce the 01-06928 - 8 - provisions of this Agreement for eighteen months from its signing, after which time all of its provisions shall be terminated, unless the Court determines it is necessary to extend any of its requirements, in which case those specific requirements shall be extended; Entered and Ordered this ___________day of ______________, 1993. United States District Judge 01-06929 - 9 - Agreed and Consented to: FOR PLAINTIFF: UNITED STATES OF AMERICA (Signature) JOAN A. MAGAGNA SHEILA K. DELANEY SHEILA M. FORAN Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035 Tel: (202) 616-2314 FOR PRIVATE PLAINTIFFS: Joan L. Abbati and Pamela Kero (Signature) LEI ANN MARSHALL-COHEN OLGA F. PRIBYL Law Offices of Monahan & Cohen 225 West Washington Street Suite 2300 Chicago, IL 60606 Tel: (312) 419-0252 (Signature) KATHLEEN C. YANNIAS Legal Center of the Council for Disability Rights 208 South LaSalle Street Suite 1330 Chicago, IL 60604 Tel: (312) 444-9484 FOR DEFENDANT: Venture Stores, Inc. (Signature) JOHN S. SCHAUER CAMILLE A. OLSON LISA A. LOPATKA Seyfarth, Shaw, Fairweather & Geraldson 55 East Monroe Street Suite 4200 Chicago, IL 60603 Tel: (312) 346-8000 01-06930 ATTACHMENT A RELEASE I, ____________________, hereby agree that in exchange for Venture's compliance with the terms of the Consent Agreement and Order, including provision to me of certificates totalling $2200 for Venture merchandise, my complaint filed with the United States Department of Justice against Venture (DJ 202-60-1) is fully resolved. I further agree not to institute or bring any additional claims, complaints, or charges against Venture regarding the check-writing policy at issue in the Consent Agreement and Order so long as Venture complies with the terms of that Agreement. AGREED TO and SIGNED this ______ day of ________, 1993. ______________________ _______________________________ Notary 01-06931 JOINT PRESS RELEASE In May, 1993, the United States Department of Justice filed a lawsuit against Venture Stores in Chicago, alleging that Venture's check-writing policy violated the Americans With Disabilities Act. The Department of Justice's lawsuit was consolidated with a private lawsuit pending since October, 1992, filed by Joan Abbati and Pamela Kero, two individuals with disabilities, who were represented by Monahan & Cohen and the Legal Center for the Council for Disability Rights. Under the policy, Venture accepted driver's licenses and Venture check-cashing cards, but not state identification cards, as proof of identification for check-writing purposes, from all of its customers. Many persons who cannot obtain driver's licenses due to disability use state issued identification cards in lieu of driver's licenses for identification purposes. Although a state identification card could be used to obtain a Venture check-writing card, the United States and the private plaintiffs alleged that this process was less convenient and more burdensome. Venture has denied that its policy violated the Americans With Disabilities Act or any other law, or that it discriminated against persons with disabilities. After discussions with the U.S. Department of Justice and the private plaintiffs, Venture has voluntarily agreed to implement a new check-writing policy within 90 days, under which 01-06932 - 2 - Venture will accept state identification cards from individuals with disabilities in the manner and circumstances in which it currently accepts driver's licenses, as identification for check-writing purposes. 01-06933