Settlement Agreement Under The Americans With Disabilities Act Between The United States Of America And Smyrna Playschool, Inc. D/b/a Cumberland Child Care

Background

  1. The parties to this Settlement Agreement (Agreement) are the United States of America and Smyrna Playschool, Inc. d/b/a Cumberland Child Care Center (Cumberland Child Care), Smyrna, Georgia.
  2. This Agreement resolves a complaint filed with the Department of Justice (Department) under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ァァ 12181-89, and its implementing regulation, 28 C.F.R. pt. 36. Department of Justice Complaint Number DJ 202-14-46 was filed by Frances and Rungie McKinnon on behalf of Jerick D. McKinnon. The complaint was investigated by the Department under the authority granted by section 308(b) of the ADA, 42 U.S.C. ァ 12188.

    Jurisdiction

  3. Cumberland Child Care provides child day-care services at one location. Cumberland Child Care is a public accommodation, as defined in section 301(7)(e) of the ADA, 42 U.S.C. ァ 12182(7)(k), and its implementing regulation, 28 C.F.R. ァ 36.104.
  4. Jerick McKinnon is a person with disabilities within the meaning of 42 U.S.C. ァ 12102(2) and 28 C.F.R. ァ 36.104.

    Complaint

  5. Cumberland Child Care refused to treat Jerick McKinnon for asthma by administering an inhaler. Instead, Cumberland Child Care's policy states that it will not administer medicine to any children at the center.(Note. Jerick McKinnon never had an asthma attack while he was at my nursery, if he had we would have administered first aid and called the E.M.C. so we never refused him medical aid. s/Virginia Mayield President 12-8-98) Agreement
  6. To avoid unnecessary and costly litigation, the parties hereby agree to the provisions set forth in paragraphs 7 through 16, below.
  7. Cumberland Child Care hereby agrees that the document entitled "Cumberland Child Care Non-Discrimination Policy," (Attachment A), "Cumberland Child Care Authorization for Administering Emergency Treatment to Children who require it" (Attachment B), and "Release" (Attachment C), attached hereto, have been adopted by Cumberland Child Care as its policy for treating children with severe allergies. Cumberland Child Care further agrees not to modify the policy without the prior written consent of the Department. Cumberland Child Care will provide copies of the policy to all staff and to the parents of all children attending Cumberland Child Care Center.
  8. Cumberland Child Care hereby agrees to pay a total of $1,500 in full and final settlement of the complaint set forth in paragraph 2, above. This sum will be paid to Jerick McKinnon whose rights under the complaint are resolved by this Agreement and who shall execute a Release in the form attached hereto as Attachment D prior to the payment of any sums to that party by Cumberland Child Care. Within fifteen (15) days of Cumberland Child Care's receipt of such fully executed Release, Cumberland Child Care shall mail a certified check to Jerick McKinnon by certified U.S. mail.

    Implementation and Enforcement of this Agreement

  9. 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.
  10. 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 federal district court.
  11. 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.
  12. This Agreement shall be enforceable in United States District Court.
  13. This Agreement is a public document. Copies of this Agreement, the Attachments, and any information contained in them may be made available to any person at any time.
  14. The effective date of this Agreement is the date of the last signature below. This Agreement shall be binding on Cumberland Child Care and its successors and assigns. Cumberland Child Care shall have a duty to notify all such successors and assigns. The term of this Agreement is two years from the effective date.
  15. 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 Cumberland Child Care. This Agreement does not affect the continuing responsibility of Cumberland Child Care to comply with all aspects of the ADA.
  16. The signers of this document affirm that they are authorized to bind the parties that each represents to this Agreement.

For Smyra Playschool, Inc. d/b/a
Cumberland Child Care:

__________________________      Date _______, 1998
Virginia L. Mayfield,
President, Owner
Cumberland Child Care
2550 Spring Road, S.E.
Smyrna, Georgia 30080

For the United States:

Bill Lann Lee
Acting Assistant Attorney
General for Civil Rights



_______________________      Date ________, 1998
Lucille K. Johansen, Investigator
Eve Hill, Esq.
Supervisory Attorney
L. Irene Bowen, Esq., Deputy Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 307-0663

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Updated August 6, 2015

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