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Settlement Agreement Under The Americans With Disabilities Act Between The United States Of America And The Cock & Bull Restaurant, Lahaska, Pennsylvania

DJ 202-62-122

I. Background
  1. The parties to this Settlement Agreement ("Agreement") are the United States of America and the Cock & Bull Restaurant, a Pennsylvania corporation ("Cock & Bull" or "Restaurant").
  2. This matter was initiated by a complaint, dated April 8, 2002, filed with the United States Department of Justice ("the Department"), against Cock & Bull, in Lahaska, Pennsylvania. 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(b). The Complainant, XXXXX has a disability and as a result she uses a service animal. XXXX alleges that on April 7, 2002, she was refused service at the Cock & Bull restaurant because of her service animal.
  3. The parties enter into this settlement agreement in order to avoid unnecessary and costly litigation and hereby agree as follows:

II. Title III Coverage and Findings
  1. Cock & Bull is an establishment serving food or drink and is therefore a place of public accommodation as defined in section 301(7)(B) of the ADA, 42 U.S.C. ｧ 12181, and its implementing regulation, 28 C.F.R. ｧ 36.104.
  2. The ADA requires that public accommodations make reasonable modifications in policies, practices, or procedures, to permit the use of a service animal by people with disabilities. 28 C.F.R. ｧ 36.302(c). Although some States have programs to certify service animals, public accommodations may not insist on proof of State certification before permitting the entry of a service animal to a place of public accommodation. U.S. Department of Justice, Title III Technical Assistance Manual, ｧ III -4.2300.
  3. The Complainant, XXXXXXX, is a person with a disability within the meaning of 42 U.S.C. ｧ 12102(2) and 28 C.F.R. ｧ 36.104.

III. Actions to be Taken by the Cock & Bull Restaurant
  1. Within thirty (30) days of the effective date of this Agreement, Cock & Bull shall adopt Appendix A as their Service Animal Policy for allowing individuals with disabilities who require the assistance of service animals to enter their restaurants. Finally, Cock & Bull agrees not to modify their Service Animal Policy without the prior written consent of the Department.
  2. Within forty-five (45) days of the effective date of this Agreement, Cock & Bull shall provide at least three (3) hours of training to its employees on the ADA and issues related to the policies developed under paragraph 7. Thereafter, Cock & Bull shall post their Service Animal Policy in a conspicuous place in their restaurant. Also, Cock & Bull shall distribute to customers upon request a copy of their Service Animal Policy.
  3. Also, Cock & Bull shall provide one hour of training on the ADA and its requirements, with respect to service animals, annually to all of its employees.
  4. Within sixty (60) days of the effective date of this Agreement, Cock & Bull shall insert in its employee handbook a section on Individuals with Disabilities. In that section Cock & Bull shall provide a statement that Cock & Bull will not discriminate against individuals with disabilities. Also, Cock & Bull shall include in this section that they will make reasonable modifications in their policies to allow individuals with disabilities to be accompanied by their service animals. This section shall define what constitutes a service animal and shall state that individuals with disabilities, including those accompanied by service animals, are welcome in Cock & Bull restaurants. Cock & Bull shall provide all current and incoming employees with a copy of their employee handbook.
  5. Cock & Bull hereby agrees to pay to XXXXXXX a total of Two Thousand Five Hundred Dollars ($2,500.00) as full and final settlement of the Complaint filed in this case. This sum shall be paid to XXXXXXX in full and final satisfaction of all ADA claims arising out of the Complaint and the facts set forth therein.
  6. XXXXXX shall mail her signed Release Form (Appendix B) to the Cock & Bull Restaurant prior to receiving any payment from the Cock & Bull Restaurant.
  7. Within fifteen (15) days of Cock & Bull's receipt of the fully executed Release, Cock & Bull shall mail to XXXXXX, a check made payable to her in the amount of Two Thousand Five Hundred dollars ($2,500.00). Cock & Bull shall also mail to counsel for the Department of Justice a photocopy of the release they received from XXX and a photocopy of the check they sent to XXX.

IV. Implementation and Enforcement of this Agreement
  1. The Attorney General is authorized, pursuant to 42 U.S.C. ｧ 12188(b)(1)(B), to bring a civil action to enforce title III of the ADA in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter based on the facts set forth in paragraph 1 through 6, above.
  2. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it may institute a civil action in the federal district court for Pennsylvania, or any other appropriate federal district court.
  3. Any violation of this Agreement shall be considered a violation of the ADA. For any alleged violations of this Agreement for which the Department institutes a civil action, the Department may seek civil penalties. 42 U.S.C. ｧ 12188(b)(2)(C).
  4. A failure by the Department to enforce any term of this Agreement shall not be construed as a waiver of its right to enforce any other portion of this Agreement.
  5. This Agreement is a public document. Copies of this Agreement, the Appendixes, and any information contained in them may be made available to any person at any time. The Department and Cock & Bull shall provide copies of these documents to any person upon request.
  6. The effective date of this Agreement is the date of the last signature below. This Agreement shall be binding on Cock & Bull, and its successors and assigns. Cock & Bull shall have a duty to notify all such successors and assigns of this Agreement.
  7. This document 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 the agents of either party that is not contained in this written Agreement, shall be enforceable. This Agreement is limited to the matters raised in the Complaint and does not address any other issues of ADA compliance by Cock & Bull. This Agreement does not affect the continuing responsibility of Cock & Bull to comply with all aspects of the ADA.
  8. The signers of this document affirm that they are authorized to bind the parties to this Agreement that each represents.

FOR COCK & BULL RESTAURANT

___________________________________      Date: __12/6/2002__
Earl Jamison
Owner
Routes 202 & 263
P.O. Box 218
Lahaska, PA 18931 (215) 794-4000

FOR THE UNITED STATES:

Ralph F. Boyd
Assistant Attorney General
for Civil Rights

___________________________________      Date: __12/12/2002__
John L. Wodatch, Chief
Allison Nichol, Deputy Chief
Felicia L. Sadler, Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
(202) 307-0663

APPENDIX A

COCK & BULL RESTAURANT

SERVICE ANIMAL POLICY

      Service animals are welcome in the Cock & Bull Restaurant and in any of the Restaurant's facilities that are open to customers. The Cock & Bull Restaurant shall not require persons with disabilities to be separated from their service animals at any time. A service animal is an animal individually trained to perform tasks for an individual with a disability. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself.="font-size: 11pt"> Cock & Bull Restaurant may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability. Although some service animals are certified by a State agency, the Cock & Bull Restaurant cannot require proof of an animal's certification as a service animal prior to allowing the service animal to accompany its owner into the Cock & Bull Restaurant.

       The Cock & Bull Restaurant may not require an individual with a disability who requires the assistance of a service animal to pay a deposit or an extra fee as a condition to permitting a service animal to accompany its owner in the Cock & Bull Restaurant. Also, the Cock & Bull Restaurant cannot require a person with a disability who requires the assistance of a service animal to be isolated from other patrons, or treated less favorably than other customers.

       The Cock & Bull Restaurant cannot ask a person with a disability to remove his service animal from the premise unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly while in the restaurant) or (2) the animal poses a direct threat to the health or safety of others. However, The Cock & Bull Restaurant shall not make assumptions about how a particular animal is likely to behave; each situation must be considered individually.

       The Cock & Bull Restaurant must allow service animals in public areas even if the state of Pennsylvania or local health codes prohibit animals on the premises. The Cock & Bull Restaurant is not required to provide care or food for a service animal or provide a special location for it to relieve itself. Allergies and fear of animals by employees or others are generally not valid reasons for denying access or refusing service to people with service animals.

APPENDIX B

RELEASE

For and in consideration of the acceptance of the relief offered to me by the Cock & Bull Restaurant, pursuant to a Settlement Agreement between the United States of America and the Cock & Bull Restaurant:

I, XXXXXX, release and discharge the Cock & Bull Restaurant from all legal and equitable claims related arising out of the facts described in paragraphs 1 through 6 above.

I acknowledge that a copy of the Settlement Agreement between the Cock & Bull Restaurant and the United States of America resolving the matter between them has been made available to me.

I HAVE READ THE RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.

Signed this ______ day of _________________, 2002.

By: _________________________
XXXXXX
XXXXXX
Schuylkill Haven, PA XXXXX

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Updated August 6, 2015