UNDER THE AMERICANS WITH DISABILITIES ACT
- Parties. The parties to this Settlement Agreement ("the Agreement") are the United States of America ("the United States") and the Consolidated City of Indianapolis, Department of Parks and Recreation ("the City"). The City is the owner and operator of the Eagle Creek Golf Course ("Eagle Creek" or "the Property"), and twelve (12) other golf courses which are the subject of this Agreement. The golf courses that are the subject of this Agreement are all located in Indianapolis, Indiana, at the following street addresses:
|Eagle Creek:||8802 W. 56th Street|
|A.J. Thatcher:||4500 W. Vermont|
|Sarah Shank:||2901 S. Keystone Ave.|
|Riverside:||3502 White River Pkwy.|
|Winding River:||8400 Mann Rd.|
|Coffin:||2401 Cold Springs Rd.|
|Carl Smock:||3910 E. County Line Rd.|
|Douglass:||2801 Rev. Andrew J. Brown Ave.|
|South Grove:||1800 W. 18th Street|
|Whispering Hills:||10571 Brookville Rd.|
|Pleasant Run:||601 N. Arlington|
|William Sahm:||6800 E. 91st Street|
|Golf Academy:||3702 N. White River Parkway West Dr.|
- Nature of the Complaint and Investigation. This matter was initiated by the United States pursuant to the Attorney General's authority to investigate possible violations of the Americans with Disabilities Act ("ADA"). See 42 U.S.C. ï½§ 12133; 28 C.F.R.ï½§ 35.170-173. The Office of the United States Attorney for the Southern District of Indiana initiated its investigation in response to a complaint filed by Mr. XXXXXXX on or about April 12, 2001. In the complaint, Mr. XXXXX alleged that Eagle Creek violated the ADA because: (i) Eagle Creek did not have an adequate number of accessible parking spaces; (ii) certain features of the clubhouse were not fully accessible; and (iii) Eagle Creek did not provide an accessible golf cart that met his golfing needs. In the course of investigating these allegations, the United States expanded its investigation to include other the other golf courses owned and operated by the City. The investigation revealed that while the City provided golf carts for individuals without disabilities at its courses, none of the City's courses had a golf cart specifically designed for a person with a disability to play golf in the same manner as golfers without disabilities. This investigation also revealed that a number of other golf courses owned and operated by the City did not have an adequate number of accessible parking spaces. Thus, the City's golf course program, when viewed in its entirety, was not readily accessible to and usable by individuals with disabilities. The investigation also revealed that the clubhouse at Eagle Creek had certain features that were inaccessible to persons with disabilities.
- Applicability of the ADA. The ADA applies to Eagle Creek and the other golf courses owned and operated by the City because the City is a public entity within the meaning of 42 U.S.C. ï½§ 12133(1)(A) and 28 C.F.R. ï½§ 35.104. The golf courses that are the subject of this Agreement are services, programs or activities offered by the City. See 28 C.F.R. ï½§ï½§ 35.149-150. The ADA further applies because XXXX is a qualified individual with a disability. See 42 U.S.C. ï½§ 12131(2); 28 C.F.R. ï½§ 35.104.
- Purpose of Agreement. The purpose of the Agreement is to resolve the alleged ADA violations at Eagle Creek discussed in Para. 2. Specifically, based on the findings of the investigation conducted by the Office of the United States Attorney for the Southern District of Indiana, the City failed to operate its golf course program in such a manner that, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. Specifically, the City: (i) failed to provide adequate accessible parking at its golf course facilities; (ii) denied equal program access to the Complainant, a qualified individual with a disability; and (iii) failed to provide accessible facilities in the clubhouse building at Eagle Creek, all in violation of the ADA. See 28 C.F.R. ï½§ï½§ 35.149-150. Moreover, the City did not demonstrate that it would be a fundamental alteration to the program, service or activity of the City, nor pose an undue financial or administrative burden upon the City, to make the golf program accessible to qualified individuals with disabilities. The City agrees to resolve and remedy these violations in a manner that is consistent with Title II of the ADA, 42 U.S.C. ï½§ï½§ 12131-33, and the Title II regulations of the Department of Justice, 28 C.F.R. ï½§ï½§ 35.150, including the ADA Standards for Accessible Design, Part 36, Appendix A (the "Standards"). See 28 C.F.R. ï½§ï½§ 35.150(b); 35.151(c).
- Actions to be Taken. In response to the complaint and subsequent investigation, the City has instituted on-going good faith efforts to comply with the intent of the ADA. Specifically the city made modifications to parking lots at Eagle Creek and its other golf courses. These changes are in compliance with the Standards. No further actions need be taken with respect to modifying the parking lots and physical structures. To ensure program accessibility to the City's golf program, the City has agreed to take the following actions within thirty (30) days of the effective date of this Agreement:
- Install signs in the snack bar area at Eagle Creek indicating that table service is available for patrons with disabilities;
- Educate and train the snack bar staff at Eagle Creek about their duty to provide table service to patrons with disabilities;
- Purchase and provide access to two (2) different models of individual golf mobility aid devices. One device will have a fixed seat that rotates on a fixed pedestal allowing full turning for golfers. One will be a mobility aid device that has a seat that not only pivots three hundred and sixty degrees (360), but also mechanically raises and lowers for the golfer with a disability who needs to adjust the height on the cart for his/her swing. The mobility aid devices shall be kept at two different courses in geographically diverse areas of the City of Indianapolis. The City shall install signs at all of the thirteen (13) courses covered by this Agreement informing patrons that individual golf mobility aid devices are available upon advance request for the same price as a regular cart. The City shall be responsible for scheduling the availability of the individual golf mobility aid devices and transporting them to the different courses as they are needed. The City shall maintain records reflecting the dates on which patrons request use of individual golf mobility aid devices and whether individual golf mobility aid devices were available to meet those requests. The City shall review these records at the end of the 2002 and at the end of the 2003 golfing season. If the number of requests has exceeded the availability of individual golf mobility aid devices, the City shall purchase additional mobility aid devices to address the needs for demands of golfers with disabilities.
- Future Alterations. The City agrees that all future alterations, renovations and construction projects at the golf courses that are the subject of this Agreement shall comply with Title II of the ADA, 42 U.S.C. ï½§ï½§ 12131-33, and the Standards.
- Progress Report/Inspections. Twenty-five (25) days following the effective date of this agreement, the City shall submit a progress report to the Office of the United States Attorney for the Southern District of Indiana detailing the actions taken to comply with this Agreement. This report also shall include a copy of any policies, practices, or procedures that have been implemented relating to the reservation of the mobility aid devices for golfers with disabilities. In addition, the City agrees that representatives of the Department of Justice may visit Eagle Creek, as well as the City's other golf courses, so as to review their policies, practices, and procedures, without prior notice, concerning compliance with of this Agreement and the ADA.
- Agreement Not to Sue. Provided that the City 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 Para. 4 of the Agreement. This shall not, however, limit the ability of the United States to enforce the Agreement as set forth in Para. 9 of this Agreement. Nor does this Agreement prevent the United States from investigating and/or pursuing other potential ADA violations that may involve the City including, but not limited to Eagle Creek and the City's other golf courses. Finally, this Agreement does not otherwise relieve the City from fully complying with the ADA. See 28 C.F.R. ï½§ 35.149.
- Enforcement. If the United States believes that any provision of the Agreement has been violated, it may institute a civil action in the United States District Court for the Southern District of Indiana to enforce the terms of the Agreement and seek other relief.
- Successors in Interest. In the event that the City transfers, sells, assigns, or otherwise releases its interest in some or all of Eagle Creek or any other of its golf courses, the Agreement shall be binding on all subsequent successors, assigns, owners, and/or operators of those golf courses, and the City agrees to give timely notice of the Agreement to prospective persons/entities prior to any such transfer or sale. In the event that the City transfers or sells Eagle Creek or any of its other golf courses to a private entity, the terms of this Agreement shall be enforced under Title III of the ADA.
- Non-Waiver. Failure by the United States to enforce any provision(s) of the Agreement shall not be construed as a waiver of its right to do so with regard to any other provision(s) of the Agreement.
- Entire Agreement. The Agreement sets forth the complete agreement between the parties. In entering into the Agreement, neither the United States nor the City relies on any representation or statement not set forth herein.
- Authority to Bind. A signor of this document in a representative capacity for a municipal corporation, or other entity, represents that he or she is authorized to bind such entity to the Agreement.
- Effective Date. The effective date of the Agreement is the date of the last signature below.
For the UNITED STATES
TIMOTHY M. MORRISON
Acting United States Attorney
____________________________________ Dated: 11/22/02
Jill E. Zengler
Chief, Civil Division
____________________________________ Dated: 11/22/02
Debra G. Richards
Assistant United States Attorney
For THE CONSOLIDATED CITY OF INDIANAPOLIS,
DEPARTMENT OF PARKS AND RECREATION
____________________________________ Dated: 11/01/02
(Name/title typed or printed)
____________________________________ Dated: 11/04/02
Gregory S. Fehribach
Attorney for The Consolidated City of Indianapolis,
Department of Parks and Recreation