Settlement Agreement

1. Parties. The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and Lynne Wells. Lynne Wells is the owner of property located at 318 North Jackson Street, Greensburg, Indiana ("the Property") and owns and operates Lynne Wells Realty ("Wells Realty") doing business at the Property that is the subject of this Agreement.

2. Nature of Complaint. This matter was initiated by a complaint filed with the United States concerning Wells Realty and by virtue of the Attorney General's authority to initiate compliance reviews to investigate possible violations of the Americans With Disabilities Act ("ADA"). 42 U.S.C. § 12188(b); 28 C.F.R. § 36.502. The complaint was investigated by the U.S. Attorney's Office, Southern District of Indiana, under the authority granted by 42 U.S.C. § 12188(b).

3. Applicability of the ADA. The ADA applies to Wells Realty because it is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7).

4. Purpose of Agreement. The purpose of this Agreement is to resolve certain ADA violations at Wells Realty, set forth below, identified during the site inspection conducted by the U.S. Attorney's Office. Lynne Wells agrees to resolve these violations in a manner that is consistent with Title III of the ADA, 42 U.S.C. §§ 12181-89, and the Title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the Standards for Accessible Design, Appendix A (the "Standards").

5. Actions to be Taken. Lynne Wells agrees to take the following actions by April 1, 1999:

(1) install a ramp that is in compliance with § 4.8 of the Standards to provide access to the front entrance of the Property; and

(2) modify the doorway threshold of the front

entrance of the building in compliance with §§ 4.13.8 and 4.5.2 of the Standards;

6. Future Alterations. Lynne Wells agrees that all future alterations undertaken at the Property shall comply with Title III of the ADA, 42 U.S.C. §§ 12181-89, and the Title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the Standards.

7. Progress Report/Inspections. By April 30, 1999, Lynne Wells will submit a report to the United States Attorney's Office of the Southern District of Indiana detailing the actions taken to comply with this Agreement. This report shall include photographs of the alterations. In addition, Lynne Wells shall permit representatives of the Department of Justice to physically inspect the Property and interview Wells Realty employees, all of which may be done without notice to Lynne Wells.

8. Agreement not to Sue. Provided that Lynne Wells fully complies with all terms of this Agreement, the United States will not bring a civil action to enforce the ADA as it relates to any alleged violations specifically addressed in paragraph 5 of this Agreement. However, this shall not limit the United States' ability to enforce this Agreement as set forth in paragraph 9 of this Agreement. Nor does this Agreement prevent the United States from investigating and/or pursuing other potential ADA violations that may involve Lynne Wells. Nor does this Agreement otherwise relieve Lynne Wells from fully complying with the ADA.

9. Enforcement. If the United States believes that this Agreement or any requirement in this Agreement has been violated, it may institute a civil action against Lynne Wells in the Southern District of Indiana or any other appropriate court to enforce the terms of this Agreement and seek other relief. If the court finds that this Agreement has been violated, Lynne Wells agrees that such a finding shall establish a lack of good faith on her part, and further agrees to pay a stipulated penalty equal to the maximum monetary penalty provided by 42 U.S.C. § 12188(b)(2), in addition to any other penalties or relief that may be authorized or that the court may award.

10. Successors in Interest. In the event that Lynne Wells transfers, sells, assigns, or otherwise releases her interests in some or all of Wells Realty or the Property located at 318 North Jackson Street, Greensburg, Indiana, this Agreement shall be binding on all subsequent successors, assigns, owners and/or operators of Wells Realty or the Property. Lynne Wells agrees to notify any successor as to the existence and terms of this Agreement prior to the transfer of any interest.

11. Non-Waiver. Failure by the United States to enforce any provision(s) of this Agreement shall not be construed as a waiver of its right to do so with regard to any other provision(s) of this Agreement.

12. Entire Agreement. This Agreement sets forth the complete agreement between the parties. In entering into this Agreement, neither the United States nor Lynne Wells has relied on any representation or statement not set forth herein.

13. Authority to Bind. A signer of this document in a representative capacity for a partnership, limited partnership, corporation, or other entity, represents that he or she is

authorized to bind such partnership, corporation, or other entity to this Agreement.

14. Effective Date. The effective date of this Agreement is the date of the last signature below.

For the United States:


Judith A. Stewart

United States Attorney

Date: ______________


Tim A. Baker

Assistant United States Attorney

Date: ______________

For Lynne Wells Realty:


Lynne Wells

Date: ______________

Updated August 6, 2015

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