SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ANTHONY'S CUMMAQUID INN, INC. INTRODUCTION 1. This matter was initiated by a public complaint filed with the United States Department of Justice against Anthony's Pier 4 restaurant in Boston, Massachusetts ("Anthony's Pier 4"). The complaint was investigated by the United States Department of Justice, under the authority granted by section 308(b) of the Americans with Disabilities Act of 1990, 42 U.S.C.  12188 (the "ADA" or the "Act"). The Public Access Section included in its investigation four other places of public accommodation related to Anthony's Pier 4: 1) Anthony's Pier 4 Fish Market in Swampscott, Massachusetts; 2) Anthony's Hawthorne-by-the-Sea Restaurant in Swampscott, Massachusetts; 3) General Glover House restaurant in Swampscott, Massachusetts; and 4) Anthony's Cummaquid Inn, a restaurant in Yarmouthport, Massachusetts. 2. The investigation identified a number of architectural barriers in each of these facilities. The United States believes that the failure to remove these barriers violates title III of the ADA. Anthony's Cummaquid Inn, Inc. neither admits nor denies that it has violated title III of the ADA. This agreement is the result of a compromise of disputed claims and alleged violations of the ADA. It does not constitute an admission by Anthony's Cummaquid Inn, Inc. that it has violated title III of the ADA, and should not be construed as such. 3. The United States and the corporate owners and operators of the facilities agree that it is readily achievable to remove many of the barriers to access identified by the United States, and, accordingly, have entered into three settlement agreements: this one with Anthony's Cummaquid Inn, Inc., the owner and operator of Anthony's Cummaquid Inn; one with the owner and operator of Anthony's Pier 4; and one with the owner and operator of Anthony's Pier 4 Fish Market, Anthony's Hawthorne-by- the-Sea Restaurant, and General Glover House. 4. The three agreements set forth the steps to be taken and a timetable for removing architectural barriers in each of the facilities. DEFINITIONS 5. The term "function room" means a room or space within a facility which is available for rent or lease by the public for the holding of banquets, meetings, conferences, receptions, parties, or other similar events. 6. For the sake of convenience, the term "architectural barriers", is used in this agreement to refer to both 1) architectural barriers to access by individuals with 01-05918 disabilities and 2) communication barriers to access by individuals with disabilities which are structural in nature. 7. For the sake of convenience, the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A, are referred to in this agreement as "the Standards." THE PARTIES 8. The parties to this agreement are a) the United States of America, and b) Anthony's Cummaquid Inn, Inc., the owner and operator of Anthony's Cummaquid Inn. 9. Anthony's Cummaquid Inn, Inc. is incorporated in the State of Massachusetts, with its principal place of business at 2 Main Street, Route 6A, Yarmouthport, Massachusetts, 02675. THE FACILITY COVERED BY THIS AGREEMENT 10. Anthony's Cummaquid Inn is a restaurant located at 2 Main Street, Route 6A, Yarmouthport, Massachusetts. The site at 2 Main Street includes a parking lot for the use of customers of Anthony's Cummaquid Inn. The parking lot contains 120 parking spaces. The site also includes a three-story building housing Anthony's Cummaquid Inn. The basement is used for storage space. The first floor houses an entrance lobby, waiting area, bar and lounge area, an enclosed patio, and dining rooms and areas. The first floor also houses public telephones and two public use toilet rooms, one for men and one for women. The second floor houses private residential apartments and an outdoor deck which is open to customers in the summer months. JURISDICTION 11. Anthony's Cummaquid Inn is a place of public accommodation as defined in section 301(7)(B) of the Act and section 36.104 of the Department's implementing regulation. 42 U.S.C.  12181; 28 C.F.R.  36.104. As the owner and operator of Anthony's Cummaquid Inn, Anthony's Cummaquid Inn, Inc., is a public accommodation within the meaning of title III of the ADA. 42 U.S.C.  12181; 28 C.F.R.  36.104. The subject of this Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 2 01-05919 settlement agreement is the removal of architectural barriers from Anthony's Cummaquid Inn. ARCHITECTURAL BARRIERS AT ANTHONY'S CUMMAQUID INN 12. Subsequent to January 26, 1992, Anthony's Cummaquid Inn operated with a parking area, front entrance, public use toilet rooms, dining areas, an indoor patio, and other rooms, spaces, and elements that the Department of Justice identified as being not fully accessible to, or readily usable by, individuals with disabilities. Specifically, the Department identified the following architectural barriers: a) There was an inadequate number of parking spaces accessible to individuals with disabilities. b) The parking spaces designated for use by individuals with disabilities did not have access aisles. c) The front entrance to the restaurant was inaccessible to individuals with disabilities because there was a one inch change in level at the main entrance. d) The men's public use toilet room was inaccessible to individuals with disabilities because: there was a one inch change in level at the door to the toilet room, the door to the toilet room was too narrow and did not provide sufficient maneuvering space at the pull side of the door, there was inadequate clear floor space, the towel dispenser, mirror, and soap dispensers were too high, the stalls were not accessible because they were too small and did not have grab bars, the urinals were not accessible because they were too high, and the hot water pipes under the lavatories were not insulated. e) The women's public use toilet room was inaccessible to individuals with disabilities because: the door to the toilet room was too narrow, the stalls were inaccessible because they were too small and did not have grab bars, the hot water pipes under the lavatories were not insulated, and the towel dispenser was too high. Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 3 01-05920 f) The public pay telephones in the hallway outside the toilet rooms were not accessible to individuals with disabilities because they were too high. g) A large portion of the main dining area was inaccessible to individuals with disabilities because it was several inches below the portion of the main dining area on the entrance level, and the only access to the lower portion of the dining area was by three steps. h) The small dining room at the front left of the restaurant was not accessible to individuals with disabilities because the doorway to that dining room was partially blocked by a table and its chairs. 13. The parties agree that it is readily achievable to remove the barriers to access to and within Anthony's Cummaquid Inn identified in paragraphs 12(a) through (h). ACTIONS TO BE TAKEN BY ANTHONY'S CUMMAQUID INN, INC. Parking 14. In order to remove the barriers to access in the parking lot at Anthony's Cummaquid Inn (see paragraphs 12(a) & (b)), Anthony's Cummaquid Inn, Inc., agrees: a) No later than June 15, 1994, to provide five accessible parking spaces in the parking lot in front of Anthony's Cummaquid Inn, and an accessible route from those parking spaces to the front entrance of the restaurant. b) At all times after provision of the accessible parking spaces and accessible route specified in paragraph (a) above, to maintain the accessible parking spaces and the accessible route in good condition, including prompt removal of snow and debris from the accessible parking spaces and the accessible route. c) At all times after provision of the accessible parking spaces specified in paragraph (a) above, to police the use of the parking spaces to insure Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 4 01-05921 that they are available for the use of individuals with disabilities, and are not being used by other individuals. Front entrance 15. In order to remove the barriers to access at the front entrance to Anthony's Cummaquid Inn (see paragraph 12(c)), Anthony's Cummaquid Inn, Inc., agrees: a) No later than May 15, 1994, to provide an accessible front entrance at Anthony's Cummaquid Inn by replacing the existing threshold with one that is accessible. b) At all times after the date of this agreement, to maintain the front entrance in good condition, including prompt removal of snow or debris from the landing in front of the entrance. Public use toilet rooms 16. In order to remove the barriers to access to and within the men's and women's public use toilet rooms at Anthony's Cummaquid Inn (see paragraphs 12(d) & (e)), Anthony's Cummaquid Inn, Inc., agrees: a) No later than November 30, 1994, to provide on the first floor a unisex public use toilet room as specified in the architectural drawings attached to this agreement as Exhibit A. b) No later than November 30, 1994, to provide accessible signage at the existing public use toilet rooms and the new unisex toilet room identifying them as such, and signage at the existing toilet room providing direction to the accessible unisex toilet room. Public telephones 17. In order to provide accessible public pay telephones at Anthony's Cummaquid Inn (see paragraph 12(f)), Anthony's Cummaquid Inn, Inc., agrees to provide, no later than May 15, 1994, an accessible public pay telephone. Such telephone shall Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 5 01-05922 comply in all respects with sections 4.31.2, 4.31.3, 4.31.4, 4.31.6, 4.31.7, and 4.31.8 of the Standards. Access to small dining area 18. In order to remove the barriers to access to the small dining area at the front of Anthony's Cummaquid Inn (see paragraph 12(h)), Anthony's Cummaquid Inn, Inc., agrees to maintain at all times after the effective date of this agreement an accessible route into the small dining area, unobstructed by tables, chairs, or other furniture. Access to main dining area 19. In order to remove the barriers to access in the main dining area at Anthony's Cummaquid Inn (see paragraph 12(g)), Anthony's Cummaquid Inn, Inc., agrees to provide, no later than November 30, 1994, access to the lower level of the dining area by providing a ramp as specified in the architectural drawings attached to this agreement as Exhibit B. IMPLEMENTATION AND ENFORCEMENT OF THIS AGREEMENT 20. The Attorney General is authorized, pursuant to section 308(b)(1)(B) of the Act, to bring a civil action to enforce title III of the Act in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter. 21. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any portion of it has been violated, it will raise the issue or issues with Anthony's Cummaquid Inn, Inc. and attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 45 days of the date it raises the issue or issues with Anthony's Cummaquid Inn, Inc., it may institute a civil action in federal district court. If the government demonstrates in such a proceeding that Anthony's Cummaquid Inn, Inc. has failed to comply with any portion of this agreement, Anthony's Cummaquid Inn, Inc. shall be liable to the Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 6 01-05923 United States for a civil penalty in an amount of no less than $50,000.00. 22. A failure by the Department to enforce any portion of this agreement shall not be construed as a waiver of its right to enforce any other portion of this agreement. 23. This agreement shall be enforceable in United States District Court for the District of Massachusetts. 24. All actions required by this agreement for removal of architectural barriers to access, including all structural or architectural changes to the facility, shall comply in all respects with all provisions of the Standards applicable to the room, space, element, or feature of the facility where barriers are being removed. The actions specified in paragraph 17 (requiring the provision of an accessible public pay telephone) must comply only with the portions of the Standards set out in paragraph 17. 25. No later than May 15, 1994, Anthony's Cummaquid Inn, Inc., shall develop and reduce to writing a policy or policies for providing goods and services to individuals with disabilities in accord with the requirements of title III of the Act, and shall submit such policy or policies to the Department for review and approval. Upon approval by the Department, Anthony's Cummaquid Inn, Inc., shall implement such policy or policies, and shall make such policy or policies known to all of its employees. 26. On January 31, 1995, Anthony's Cummaquid Inn, Inc., shall certify to the Department, in writing, that it has fulfilled all of its obligations under this agreement. The certification shall set out each of the obligations that has matured by the date of the certification, and shall describe the steps Anthony's Pier 4, Inc., has taken to fulfill those obligations. The certification shall also identify all continuing obligations under this agreement, and describe how Anthony's Pier 4, Inc., is meeting those obligations. The parties expressly agree that providing such certification is essential to the enforcement of this agreement, and that a failure to provide the certification required by this paragraph constitutes a breach of this agreement sufficient to warrant the penalties set out in paragraph 21. 27. Both this agreement and the certification to be provided pursuant to paragraph 26 are public documents. Copies of either document and any information contained in them may be Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 7 01-05924 made available to any person at any time. The Department shall provide copies of these documents to any person on request. 28. In the event that Anthony's Cummaquid Inn, Inc. is required to obtain, for any of the steps to remove barriers to access specified in this agreement, any building, mechanical, electrical, plumbing or other permit or approval, Anthony's Cummaquid Inn, Inc. will seek such permit or approval in good faith and in a timely fashion. If any necessary permit or approval is not granted within the time anticipated by Anthony's Cummaquid Inn, Inc. for obtaining the permit or approval, or is denied, Anthony's Cummaquid Inn, Inc. will promptly notify counsel for the United States. The parties will thereafter attempt, in good faith, to determine how much additional time is required to secure the permit or approval and complete the work at issue, or, if the permit or approval has been denied, shall attempt to identify alternative methods of removing the barrier in question, or otherwise providing access to the goods or services affected by the barrier. This agreement does not require Anthony's Cummaquid Inn, Inc. to take any steps to remove barriers to access for which permits or other approvals are necessary, where Anthony's Cummaquid Inn, Inc. has timely and in good faith taken all necessary steps to secure such permits or approvals, but such permits or approvals have been denied. 29. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Anthony's Cummaquid Inn, Inc., and its successors in interest, and Anthony's Cummaquid Inn, Inc., has a duty to so notify all such successors in interest. 30. This agreement and the architectural drawings attached to it 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 the agents of either party that is not contained in this written agreement, shall be enforceable. This agreement is limited to the facts set forth herein, and does not purport to remedy any other potential violations of the Act or any other federal law. This agreement does not affect the continuing responsibility of Anthony's Cummaquid Inn, Inc., to comply with all aspects of the Act. Specifically, this agreement does not affect the duties of Anthony's Cummaquid Inn, Inc., with regard to the alterations and new construction requirements of the Act, nor with regard to barrier removal in other parts of Anthony's Cummaquid Inn not mentioned herein or in any other facility owned or operated by Anthony's Cummaquid Inn, Inc. Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 8 01-05925 31. The signer of this document for Anthony's Cummaquid Inn, Inc. represents that he or she is authorized to bind Anthony's Cummaquid Inn, Inc. to this agreement. For Anthony's Cummaquid For the United States: Inn, Inc.: Anthony S. Athanas, President Deval L. Patrick Assistant Attorney General c/o Anthony's Pier Four, Inc. Civil Rights Division 140 Northern Avenue Boston, MA 02210 John L. Wodatch Joan A. Magagna Thomas M. Contois Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6014 Date Date A\anthonys\justice\cummquid.agr Agreement between the United States and Anthony's Cummaquid Inn, Inc. Page 9 01-05926