Settlement Agreement Between The United States Of America And Coco's Restaurants, Inc. Under The Americans With Disabilities Act

Background and Jurisdiction

  1. The parties to this Agreement are the United States of America and Coco's Restaurants, Inc. ("Respondent").
  2. Respondent owns and operates Coco's Restaurants in the State of Arizona.
  3. This matter was initiated by a Complaint filed with the U.S. Department of Justice ("DOJ") against Respondent. The Complaint was investigated by the United States Attorney's Office for the District of Arizona under the authority granted by Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. ァ 12188.
  4. The Complaint alleges that Respondent violated Title III of the ADA, 42 U.S.C. ァァ 12181-12189, and the Department of Justice's implementing regulation, 28 C.F.R. Pt. 36. Specifically, the Complaint alleges that the Complainants and their party sought to eat at Coco's Restaurant No. 614 (Coco's No. 614), 2927 E. Indian School Road, Phoenix, Arizona. Two of the persons in the party were utilizing wheelchairs. The Complainants allege that they were told that Coco's No. 614 could not accommodate their party. Upon investigation by the U.S. Attorney's Office, it was learned that Coco's No. 614 does not have accessible seating in the non-smoking section of the restaurant.
  5. Respondent is a public accommodation because it owns and operates places of public accommodation as defined in Section 42 U.S.C. ァ 12181(7)(F) of the ADA and 28 C.F.R. ァ 36.104. Coco's No. 614 is a public accommodation within 42 U.S.C. 12181, 28 C.F.R. ァ 36.104. Title III requires public accommodations to remove barriers in existing facilities where such removal is readily achievable.
  6. Respondent does not admit that it is liable under the ADA, and this Settlement Agreement is not to be construed as an admission that it is liable under the ADA.
  7. The parties desire to settle this matter without resorting to litigation and have, therefore, entered into this Settlement Agreement.

Agreement

    The parties agree as follows:

  1. Respondent will remodel Coco's No. 614, which has a seating capacity of 57 in the non-smoking section, so that there will be three accessible seats in the non-smoking section of the restaurant.
  2. The accessible seating will comply with all relevant provisions of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"), and will be consistent with Respondent's proposal which is depicted in the drawing attached as Exhibit A. The remodeling shall be completed by August 1, 2000.
  3. Respondent will place signage, which complies with Sections 4.1.2 (7) and 4.30 of the Standards, in Coco's No. 614, in a conspicuous location to inform the public of the existence of the accessible seating. The signage shall be in place by August 1, 2000.
  4. Respondent will implement a seating policy in Coco's No. 614, which provides that patrons without disabilities will not be placed in the accessible seating unless the non-accessible seating is full. Respondent will inform and train all staff responsible for seating patrons in this seating policy.

Enforcement

  1. The Attorney General of the United States is authorized, pursuant to Section 308(b)(1)(B) of the ADA, to bring a civil action 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, the Attorney General agrees to refrain from filing civil suit under Title III of the ADA related to the facts alleged in paragraph 4, so long as Respondent carries out its obligations as set forth in this Agreement.
  2. Failure by DOJ to enforce this entire Agreement or any provision thereof shall not be construed as a waiver of its right to do so with regard to any other provisions of this Agreement.
  3. This Agreement is a public document. Respondent shall provide a copy of this Agreement to any person or entity upon request.
  4. This Agreement shall become effective as of the date of the last signature below, and is effective for a period of two years.
  5. 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 within this Agreement shall be enforceable.
  6. This Agreement is limited to the facts set forth in paragraph 4, and does not purport to remedy any other potential violations of the ADA or any other federal, state, or local law. This Agreement does not effect Respondent's continuing responsibility to comply with all aspects of the ADA.
  7. Any signatory executing this Agreement in a representative capacity represents that he/she
  8. is authorized to bind the represented entity to this Agreement.

    ______________________________      Dated: ______________
    RONALD R. GALLEGOS
    Assistant United States Attorney



    ______________________________      Dated: ______________
    ROBERTT M. BARRETT, Vice President
    Assistant General Counsel
    Coco's Restaurants, Inc.

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Updated August 6, 2015

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