Settlement Agreement Between The United States Of America And Capital District Regional Off-track Betting Corporation, New York

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-50-137

This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ァァ 12131-12134, with the United States Department of Justice (Department of Justice) against the Capital District Regional Off-Track Betting Corporation (OTB). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that the programs, services and activities offered at the OTB facility located at 711 Central Avenue, Albany, New York, are not accessible to persons with disabilities because the facility lacks sufficient parking spaces that have been designated for persons with disabilities, in violation of section 35.149 of the title II regulation.
The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complainant in this matter to determine the compliance of OTB with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. ァ 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.
The parties to this Agreement are the United States of America and OTB. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:
  1. The ADA applies to OTB because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R. ァ 35.104.
  2. OTB owns and operates the facility located at 711 Central Avenue, Albany, New York (Central Avenue facility).
  3. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities of a public entity such as OTB.
  4. Under the ADA, the services, programs, or activities provided by OTB, when viewed in their entirety, must be readily accessible to and usable by persons with disabilities.
  5. The subject of this Agreement is the development of a plan that will ensure that the parking designated for persons with disabilities at the Central Avenue facility complies with title II.
  6. Within sixty (60) days of the effective date of this agreement, OTB will designate at least eleven (11) parking spaces for persons with disabilities such that each space is adjacent to an access aisle that is part of an accessible route to the entrance of the Central Avenue facility. Each access aisle must be at least 60 inches in width. Each parking space will be designated as reserved by a sign showing the symbol of accessibility such that the sign will not be obscured by a vehicle parked in the space.
  7. Within sixty (60) days of the effective date of this agreement, OTB will designate one (1) parking space as "van accessible." This parking space will be served by an access aisle that is at least 96 inches in width and will be designated with a sign "Van-Accessible" mounted below the symbol of accessibility. The sign will be mounted such that it will not be obscured by a vehicle parked in the space.
  8. OTB will submit a report on its implementation of the matters set forth in paragraphs 6 and 7 within seventy (70) days of the effective date of this Agreement. This report will include a photographs of actions completed and copies of work orders or receipts for the actions described in paragraphs 6 and 7.
  9. If at any time OTB desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it shall promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification shall not take effect.
  10. The Department may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court.
  11. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
  12. In the event that OTB fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, all terms of this Agreement shall become enforceable in an appropriate Federal court.
  13. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by OTB or the Department on request.
  14. The effective date of this Agreement is the date of the last signature below.
  15. This Agreement constitutes 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, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect OTB's continuing responsibility to comply with all aspects of the ADA.

For the Capital District Regional
Off-Track Betting Corporation:

_________________________      Date:___________
ROGER L. DWORSKY,
Secretary and General Counsel
Capital District Regional Off-Track
Betting Corporation:
510 Smith Street
Schenectady, New York 12305

For the United States:

_________________________      Date:_____________
JOHN WODATCH, Chief
RENEE WOHLENHAUS, Deputy Chief
NAOMI H. MILTON, Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

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Updated August 6, 2015

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