Settlement Agreement Between The United States Of America And Tracy's Hair And Sun Stop Under The American With Disabilities Act

IN DEPARTMENT OF JUSTICE COMPLAINT 202-71-20

BACKGROUND

  1. This matter was initiated by a complaint filed under title III of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. ァァ 12181-12189, with the United States Department of Justice ("the Department") against the owner and operator of Tracy's Hair and Sun Stop in Lewisburg, Tennessee ("Stop"). Department of Justice complaint number 202-71-20 states that the Stop was newly constructed and altered in the past five years but it does not comply with title III and its implementing regulation, including the Standards for Accessible Design ("ADA Standards"), 28 C.F.R. Part 36, Appendix A. The Department's investigation of the complaint has confirmed these allegations.
  2. The Attorney General is authorized to enforce title III of the ADA by seeking the alteration of facilities to make such facilities readily accessible to and usable by individuals with disabilities. 42 U.S.C. ァ 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. Id. at ァ12188(b)(1)(B).
  3. Tracy's Hair and Sun Stop is a beauty shop and service establishment, and as such is a place of public accommodation covered by title III of the ADA. 42 U.S.C. ァ 12181(7)(F). Craig and Tracy Blackwell are the current owners and operators of Tracy's Hair and Sun Stop. The Stop was constructed after the ADA's effective date and has been altered but it is not readily accessible to and usable by persons with disabilities.
  4. The Stop agrees to correct areas of noncompliance with the ADA Standards, as outlined in this settlement agreement, to ensure that individuals with disabilities, including individuals who use wheelchairs, have an opportunity equal to that of non-disabled individuals to enjoy the Stop's services. In light of this agreement, the parties have determined that Department of Justice complaint 202-71-20 can be resolved without litigation and have prepared and agreed to the terms of this settlement agreement.

REMEDIAL ACTION

  1. Within two years of the effective date of this agreement, the Stop will provide one van accessible parking space on an accessible route close to the entrance, construct a ramp to the entrance, modify the entrance door, and construct an accessible unisex toilet room. All of these elements and spaces will comply fully with the relevant provisions of the ADA Standards, which are referenced below.
  2. The Stop will take the following actions, at minimum, in order ensure that a van accessible parking space close to, and on an accessible route to, the Stop entrance complies with the Standards:
    1. Locate the space on the ground immediately adjacent to the ramp to the entrance. ァァ 4.1.2(5), 4.6.2.
    2. Provide a ground surface for the vehicle space and access aisle that is stable, firm, and slip resistant. ァァ 4.1.2(4), 4.5.1
    3. Establish a 96 inch wide vehicle space with a 96 inch wide access aisle and install a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5)(b), 4.6.4.
    4. Establish an accessible route from the accessible parking space to the entrance ramp that is firm, stable, and slip resistant. ァァ 4.1.2(1), 4.3, 4.5
  3. The Stop will take the following actions, at minimum, in order to ensure that the entrance to the Stop complies with ADA Standards:
    1. Provide a ramp to the entrance door with the maximum slope no greater than 1:12, a clear minimum width of 36 inches, a level landing at the door at least 60 inches deep and wide enough to provide the required maneuvering clearances, and handrails that comply with the Standards. ァァ 4.1.2(1), 4.3.7, 4.8, 4.13.6 & Fig.25, 4.26.
    2. Provide entrance door thresholds on the exterior and interior that do not exceed ス inch and that are beveled with a slope no greater than 1:2. ァ 4.1.3(7)(a), 4.13.8.
    3. Provide entrance door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. ァァ 4.1.3(7)(a), 4.13.9.
    4. Provide an entrance door with a closer that has a sweep period of at least 3 seconds to move from an open position of 70 degrees to a point 3 inches from the latch, measured to the leading edge of the door. ァァ 4.1.3(7)(a), 4.13.10.
  4. The Stop will take the following actions, at minimum, in order to ensure that the accessible unisex toilet room complies with ADA Standards:
    1. Ensure that the accessible unisex toilet room is on an accessible route within the Stop. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.1, 4.3.
    2. Provide an entrance door that has a minimum clear opening width of 32 inches and that does not swing into the clear floor space required for any fixture; minimum required maneuvering clearances; a threshold that does not exceed ス inch and that is beveled with a slope no greater than 1:2; door hardware that is easy to operate with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate; a closer, if any, that has a sweep period of at least 3 seconds to move from an open position of 70 degrees to a point 3 inches from the latch, measured to the leading edge of the door; and that requires no more than 5 lbf to open. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.2, 4.13 & Figs. 24, 25.
    3. Provide clear floor space at fixtures and controls, an accessible route to fixtures and controls, and an unobstructed turning space for wheelchair users as required by the Standards. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.3, 4.2.3 & Fig. 3, 28, 32.
    4. Provide a lavatory that has a rim not higher than 34 inches above the finish floor; an apron that is at least 29 inches above the finish floor; toe and knee clearances that comply with the Standards; faucets that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist; and hot water and drain pipes that are wrapped or otherwise configured against contact. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.6, 4.19 & Fig. 31, 4.27.4.
    5. Provide a mirror so that the bottom edge of the reflecting surface of the mirror is no higher than 40 inches above the finish floor. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.6, 4.19.6.
    6. Provide a toilet so that the centerline is exactly 18 inches from a side wall, the top of the toilet seat is between17 and 19 inches above the finish floor, and the flush control is on the open side of the room. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.4, 4.16.2, 4.16.3, 4.16.5 & Fig. 28.
    7. Provide side and rear grab bars at the toilet that comply with the Standards. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.4, 4.16.4 & Fig. 29.
    8. Provide a toilet paper dispenser that is within reach of the toilet, below the side grab bar, and at least 19 inches above the finish floor to the centerline of the roll. ァァ 4.1.3(11), 4.1.6(3)(e), 4.22.4, 4.16.6 & Fig. 29(b).
  5. At the first and second anniversaries of the effective date of this agreement, the Stop will submit a report to the Department summarizing the actions it has taken pursuant to this agreement. The report will consist primarily of detailed photographs of the architectural modifications required by this agreement and clearly show the dimensions of the various elements and spaces so that compliance with the ADA Standards may be determined.

ENFORCEMENT

  1. The Department of Justice may review compliance with this agreement at any time. If the Department believes that this agreement or any of its requirement has been violated, it may institute a civil action in federal district court to enforce this agreement or the requirements of the title III, following written notice to Tracy's Hair and Sun Stop of possible violations and a period of 10 days in which Tracy's Hair and Sun Stop has the opportunity to cure the alleged violations.
  2. Failure by the Department to enforce this entire agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this agreement.
  3. This agreement shall be binding on Craig and Tracy Blackwell and their successors in interest. Mr. and Mrs. Blackwell have a duty to notify all such successors in interest of this agreement and the duties and responsibilities it imposes on them.

IMPLEMENTATION

  1. This agreement is a public agreement. A copy of this document or any information contained in it may be made available to any person by Tracy's Hair and Sun Stop or the Department by request.
  2. The effective date of this agreement is the date of the last signature below.
  3. 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, will be enforceable under its provisions.
  4. This agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other Federal law. This agreement does not affect Tracy's Hair and Sun Stop's continuing responsibility to comply with all aspects of title III of the ADA.
  5. This agreement will remain in effect for three years from the effective date of this agreement or until the parties agree that full compliance with this agreement by the Stop has been achieved.
  6. The person signing this document for Tracy's Hair and Sun Stop represents that he is authorized to bind Tracy's Hair and Sun Stop to this agreement.
  7. If at any time Tracy's Hair and Sun Stop desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting for 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 will not take effect. These actions much receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

FOR THE RESPONDENT:

____________________________________      Date:_11/03/02_
Craig Blackwell, Owner
Tracy's Hair and Sun Stop
Lewisburg, TN

For the United States:

RALPH F. BOYD, JR.,
Assistant Attorney General
Civil Rights Division

BY:____________________________________      Date:_12/10/02_
   JOHN L. WODATCH, Chief
   SUSAN BUCKINGHAM REILLY, Deputy Chief
   ERIKA WESTRY, Investigative Assistant
   Disability Rights Section
   Civil Rights Division
   U.S. Department of Justice
   950 Pennsylvania Avenue, N.W.
   Washington, DC 20530

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Updated August 6, 2015

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