Settlement Agreement Under The Americans With Disabilities Act Between The United States Of America And Tenaker Pet Care Center

DJ# 202-13-132

Background

  1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against the Tenaker Pet Care Center. The complaint alleged that Tenaker Pet Care Center is inaccessible to persons with mobility impairments. On May 4, 1998, the Department contacted Tenaker Pet Care Center regarding the allegations. In response to our investigation, Tenaker Pet Care Center constructed a ramp. On April 30, 1999, pictures of the ramp were reviewed and it was determined that the ramp as constructed does not meet the Americans with Disabilities Act Standards for Accessible Design. ("Standards"). Title III of the Americans with Disabilities Act of 1990 ("ADA" or "the Act"), 42 U.S.C. ァァ 12181-12189, requires that facilities constructed after January 26, 1993, must be readily accessible to and usable by individuals with disabilities. 28 C.F.R. ァ36.401. New construction must comply with the Standards. 28 C.F.R. Part 36, Appendix A.
  2. The parties to this Settlement Agreement ("Agreement") are the United States of America and Tenaker Pet Care Center.

Jurisdiction

  1. The ADA authorizes the Department of Justice to investigate alleged violations of title III. 42 U.S.C. 12188 (b) (1). The Department of Justice is also authorized to commence a civil action in United States district court if the Department is to secure voluntary compliance in any case that involves a pattern practice of discrimination or that raises issues of general public importance, and seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C ァァ 12188 (a) (2) and 12188 (b). In consideration of the terms of this Agreement as set forth herein, the Department of Justice agrees to refrain from undertaking further investigation or from filing civil suit in this matter.
  2. The Tenaker Pet Care Center is a service establishment and it's operations affect commerce. It is therefore, a place of public accommodation covered by title III of the ADA. U.S.C. ァ 12181 (6); 28 C.F.R. ァ 36.104.
  3. The subject of this Settlement Agreement is United States' obligation under 42 U.S.C. ァァ 12182 (b) (1) and (ii) to afford individuals with disabilities with the opportunity to participate in or benefit from goods, services, facilities, privileges, advantages, and accommodations and to ensure that those goods, services, facilities, privileges, advantages, and accommodations are equal to those afforded other individuals.

Remedial Action

  1. To resolve this matter and to demonstrate a continuing commitment to operate in compliance with title III, the owners of Tenaker Pet Care Center agree to complete the measures listed below. All changes will comply with the Standards.
  2. Within 90 days of the effective date of this Agreement, Tenaker Pet Care Center will complete the following modifications: (All cites are the Standards)
    1. Modify the landing at the bottom of the ramp to provide a smooth level surface.(ァ4.8.4)
    2. Add handrails along both sides of the ramp segments. (ァァ 4.8.5, 4.26)

Implementation and Enforcement of the Agreement:

  1. The Department of Justice may review compliance of this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in Federal district court to enforce this Agreement or the requirements of title III, following written notification to Tenaker Pet Care Center of the possible violation and a period of ten (10 days) in which Tenaker Pet Care Center has the opportunity to cure the alleged violation. The Attorney General is authorized to seek civil penalties and monetary damages pursuant to 42 U.S.C ァ12188 (b)(2) (c).
  2. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice's rights to enforce other deadlines and provisions of this Agreement.
  3. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by Tenaker Pet Care Center or the Department on request.
  4. The effective date of this Agreement is the last signature below.
  5. 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 it provisions.
  6. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect Tenaker Pet Care Center's continuing responsibility to comply with all aspects of title III of the ADA.
  7. The signer of this document represents that he is authorized to bind Tenaker Pet Care Center to this Agreement. For the UNITED STATES OF AMERICA

    Bill Lann Lee
    Acting Assistant General For Civil Rights

    By:______________________________     Date:__________
    John Wodatch, Chief
    Alison Nichol, Deputy Chief
    Susan B. Reilly, Supervising Attorney
    Celeste A. Simmons, Investigator
    Disability Rights Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, D.C. 20035-6738
    Tel: (202) 307-0663

    For Tenaker Pet Care Center,


    ______________________________     Date:__________
    Mr. Richard Schutts
    Proprietor
    5790 E. County Line Road
    Highland Ranch, Colorado 80126

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Updated August 6, 2015

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