Settlement Agreement Between The United States Of America, Pryor-moss Properties, Springfield, Missouri, And Kaster Architects, Inc., Overland Park, Kansas

BACKGROUND

  1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against the Paradise Grill restaurant ("Paradise Grill"). The complaint was investigated by the Department under the authority granted by Section 308(b) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァ 12188. The complaint alleged that the Paradise Grill was in violation of title III of the ADA, 42 U.S.C. ァァ 12181-12189, because it was not designed and constructed in accordance with the ADA, its regulations and the Standards for Accessible Design ("Standards") contained in 28 C.F.R. Part 36 and Appendix A.
  2. The parties to this Settlement Agreement ("Agreement") are the United States of America, Pryor-Moss Properties, Inc. ("Pryor-Moss") and Kaster Architects, Inc., ("Kaster").
  3. Paradise Grill is a place of public accommodation as defined by title III of the ADA because it is a "restaurant, bar, or other establishment serving food or drink." 42 U.S.C. ァ 12181; 28 C.F.R. ァ 36.104(2).
  4. Paradise Grill is a restaurant located at 3250 Shepherd of the Hills Expressway, Branson, Missouri 65616. The restaurant was designed and constructed for first occupancy after January 26, 1993 as defined by 28 C.F.R. ァ 36.401. Therefore, Paradise Grill is subject to the new construction requirements of title III of the ADA and must comply with the Standards. 42 U.S.C. 12183(a)(1), 28 C.F.R. ァ 36.401(a)(2)(i) and (ii); 28 C.F.R. ァ 36.406; 28 C.F.R. Part 36, App. A.
  5. Pryor-Moss is the owner of the Paradise Grill.
  6. Kaster is the architectural firm that designed the Paradise Grill.
  7. The subject of this Agreement is the design and construction of the Paradise Grill in compliance with the ADA and its Standards.
  8. In September 1994, the Department received a complaint alleging that the Paradise Grill was in violation of certain provisions of the ADA and the Standards.
  9. The complaint alleged the following violations of the ADA and the Standards:
    1. the accessible parking is not located on the shortest route from the entrance;
    2. there are no van accessible parking spaces designated;
    3. there are not at least 50% of entrances accessible;
    4. there is no directional signage at the inaccessible entrances telling where the accessible entrance is located;
    5. the area in front of the main entrance doors is not level and clear;
    6. the bar service counter is too high;
    7. there is no brailled and raised signage at the restroom entrance door;
    8. the stall door knobs in the restrooms are not accessible;
    9. the grab bars within the restroom stalls are incorrectly located;
    10. the toilet in the accessible stalls are not configured properly.
  10. The Department investigated the complaint and found the following violations of the Standards:
    1. the accessible parking was not located on the shortest accessible route from the entrance, in violation of Standards ァァ 4.1.2(5), and 4.6.2;
    2. there were no van accessible parking spaces designated, in violation of Standards ァ 4.1.2(5);
    3. the maneuvering clearance in front of the main entrance doors was too steep, Standards ァ 4.13.6;
    4. there was no signage at the restroom entrance door that complies with the Standards, ァァ 4.1.3(16), 4.30.4;
    5. the stall door knobs in the restrooms were not accessible, in violation of Standards ァ 4.13.9;
    6. the grab bars were incorrectly located, in violation of Standards ァ 4.17.3 and Figure 30;
    7. the center line of the toilets in the accessible stalls were not exactly 18 inches from the wall or partition, in violation of Figure 30.

ACCORDINGLY, IT IS HEREBY AGREED THAT:

  1. This Agreement is final and binding on all parties to this action, including all principals, agents, and successors in interest of Pryor-Moss, Kaster, and the United States Department of Justice.
  2. Paradise Grill is a place of public accommodation as defined by title III of the ADA, 42 U.S.C. ァ 12181, and 28 C.F.R. ァ 36.104 and was subject to the new construction provisions of the ADA at 42 U.S.C. ァ 12183 and 28 C.F.R. ァ 36.401.
  3. Pryor-Moss and Kaster ("Respondents") failed to design and construct this restaurant in accordance with the new construction standards contained in 28 C.F.R. part 36, Appendix A.

ACTIONS TO BE TAKEN BY RESPONDENTS

  1. To resolve this matter Respondents agreed to do the following to provide access, and have agreed to complete this work in accordance with the Standards:
    1. provided accessible parking on the shortest route to the entrance, in compliance with Standards ァァ 4.1.2(5), and 4.6.2;
    2. provided designated van accessible parking spaces, in compliance with Standards ァ 4.1.2(5);
    3. provided a level maneuvering clearance for the main entrance doors, in compliance with Standards ァ 4.13.6;
    4. provided signage at the restrooms that complies with Standards ァァ 4.30.1, 4.30.4, 4.30.5, and 4.30.6;
    5. provided the hardware on the designated accessible stall door to comply with Standards ァ 4.13.9;
    6. provided grab bars in the designated accessible stall in compliance with Standards ァ 4.17.3 and Figure 30;
    7. provided an accessible toilet stall with the centerline of the toilet exactly 18 inches from the wall or partition, in compliance with Standards Figure 30.
  2. If alterations are made in the future to the Paradise Grill, Respondents agree that all such alterations will be made in accordance with the Standards. If such alterations are not made in accordance with the Standards, Respondents may be assessed additional civil penalties.
  3. Within 20 days of the last signature on this Agreement, Respondent Pryor-Moss shall pay to the United States a civil penalty in the amount of One Thousand Five Hundred and 00/00 Dollars ($1,500.00). Payment shall be made by certified check or money order payable to the United States Department of Justice, and tendered to counsel for the United States.
  4. Within 20 days of the last signature on this Agreement, Respondent Kaster shall pay to the United States a civil penalty in the amount of One Thousand and 00/00 Dollars ($1,000.00). Payment shall be made by certified check or money order payable to the United States Department of Justice, and tendered to counsel for the United States.
  5. The United States agrees that Respondents' completion of the steps set forth in this Agreement has fully resolved the complaint submitted to the United States relating to the new construction provisions of the Standards and paragraph 10, above.

IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT

  1. The Attorney General is authorized, pursuant to 42 U.S.C. ァ 12188(b)(1)(B), 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 in this matter regarding the specific issues discussed herein, so long as Respondents comply with the terms of this Agreement.
  2. Respondents agree by March 31, 1998 to certify to the Department that they have completed all of the measures described in paragraph 14. The parties expressly agree that providing such certification is essential to the enforcement of this Agreement and that a failure to provide the certification required by this paragraph constitutes a breach of this Agreement sufficient to warrant the penalties set out in paragraph 21 below.
  3. The Department may review compliance with this Agreement at any time. If the United States believes that this Agreement or any requirement thereof has been violated, it may institute a civil action for relief in Federal district court and the Department is authorized to seek civil penalties for any violation of this agreement, pursuant to 42 U.S.C. ァ 12188(b)(2) (c).
  4. This Agreement is a public document. A copy of this document or any information contained in it, may be made available to any person. Pryor-Moss, Kaster, or the United States shall provide a copy of this Agreement to any person on request.
  5. The effective date of this Agreement is the date of the last signature below. This Agreement shall be binding on Respondents and their successors in interest, and Respondents have a duty to so notify all such successors in interest.
  6. Failure by the Department of Justice 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 its right to do so with regard to other deadlines and provisions of this Agreement.
  7. 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 is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act, or any other Federal law. This Agreement does not affect the continuing responsibility of the Respondents to comply with all aspects of the Americans with Disabilities Act.
  8. A signor of this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.

Agreed and Consented to:
For the UNITED STATES OF AMERICA

______________________________________      Date:_____________
L. IRENE BOWEN
PHYLLIS M. COHEN
LUCILLE K. JOHANSEN
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
Tel: (202) 514-3882

For PRYOR-MOSS PROPERTIES, INC.

______________________________________      Date:__________
DONALD R. MOSS

For KASTER ARCHITECTS, INC.

______________________________________      Date:__________
DAVID A. KASTER

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Updated August 6, 2015

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