Settlement Agreement Under The Americans With Disabilities Act Between The United States Of America And Carmike Cinemas Inc.

I

BACKGROUND

  1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") by XX XXXX on behalf of individuals with disabilities against three theaters operated by Carmike Cinemas Inc. in Des Moines, Iowa. The complaint was investigated by the Disability Rights Section of the Civil Rights Division of the Department of Justice, under the authority granted by section 308(B) of the Americans with Disabilities Act ("ADA"), 42 U.S.C. ァ 12188 et seq. The complaint alleges that the theaters failed to remove architectural barriers where such removal was readily achievable. The ADA requires owners and operators of existing places of public accommodation, such as Carmike Cinemas Inc. to remove barriers to access to the extent that it is readily achievable to do so. 42 U.S.C. ァ 12182(b)(2)(A)(iv); 28 C.F.R. ァ 36.304.
  2. The parties to this settlement agreement are the United States of America and Carmike Cinemas Inc. (hereinafter "Carmike").
  3. The ADA applies to Carmike because it owns and leases motion picture houses, as defined in section 301(7)(C) of the ADA, 42 U.S.C. ァ12181, and section 36.104 of the Department's implementing regulation, 28 C.F.R. ァ 36.104.
  4. In order to resolve this matter without resort to litigation, the parties have entered this settlement agreement.
  5. The subject of this settlement agreement is the removal of architectural barriers at theaters operated by Carmike including two theater complexes operated by Carmike in Des Moines, Iowa: the River Hills Twin theaters and the Sierra 3 theaters. The complaint also alleged barriers at the Forum IV theaters, however, Carmike has advised the Department those theaters will no longer be operated by Carmike after June 1998.

    II

    ACTIONS TO BE TAKEN

  6. Carmike agrees that, by July 15, 1998, it will, by making the changes stated in Attachments 1 and 2 complete the readily achievable removal of barriers to accessibilityor alternatives to barrier removal at two theaters operated by Carmike in Des Moines, Iowa: the River Hills Twin theaters and the Sierra 3 theaters. Carmike agrees to complete such barrier removal in a manner that is consistent with title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァァ 12181-89, and the Department's title III regulation, 28 C.F.R. pt. 36, including the Standards for Accessible Design, Appendix A ("the Standards").
  7. Carmike also reiterates its commitment to take all necessary steps to ensure that all theaters owned and/or operated by it are in compliance the ADA. In furtherance of that commitment, Carmike will, by July 20th 1998, distribute to all theaters owned or operated by it a copy of Attachment 3 to this Agreement. This document, created by Carmike, consists of a questionnaire designated to assist Carmike management in the identification of existing, potential barriers and a threshold determination of what steps might be available for removal of such existing, potential barriers.

Implementation and Enforcement of the Settlement Agreement

  1. The Attorney General 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 as set forth above, the Attorney General agrees to refrain filing civil suit under title III in this matter.
  2. Not later than September 15, 1998, Carmike shall provide to counsel for the United States a report on the status of its compliance with this agreement. The report shall describe the changes which have been made. If any steps have not been completed, the report shall so indicate and explain why such steps have not been completed.
  3. The parties will negotiate in good faith to resolve any dispute relating to the interpretation or implementation of this agreement.
  4. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any requirement thereof has been violated, it may institute a civil action.
  5. 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 its right to do so with regard to other deadlines and provisions of this agreement.
  6. In the event that Carmike fails to comply in a timely fashion with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as to a modification of the relevant terms of the agreement, all terms of this agreement shall become enforceable in United States District Court.
  7. This document is a public agreement. A copy of this document, or any information concerning its contents, may be made available to any person.
  8. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Carmike's successors in interest, and respondents have a duty to so notify all such successors in interest.
  9. A signer of this document in a representative capacity for Carmike Cinemas Inc., represents that he or she is authorized to bind such corporation to this agreement.
  10. 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 above 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 Carmike's continuing responsibility to comply with all aspects of the Americans with Disabilities Act.

    For Carmike Cinemas, Inc.:

    By:___________________________      Date:__________
    Steven J. Whitehead
    Attorney for Carmike
    Troutman, Sanders LLP
    Nations Bank Plaza
    600 Peachtree Street, N.E.
    Suite 5200
    Atlanta, GA 30308-2216

    For the United States:

    Bill Lann Lee
    Acting Assistant Attorney
    General for Civil Rights

    By:___________________________      Date:__________
    John L. Wodatch, Chief
    Irene Bowen, Deputy Chief
    Alyse S. Bass, Attorney
    Disability Rights Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, DC 20035-6738
    (202) 616-9511

Updated August 17, 2016

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