Settlement Agreement Under The Americans With Disabilities Act Between The United States Of America And Womacks Casino

DJ# 202-13-137

Background

  1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990, 42 U.S.C. ァァ 12181-12189, ("ADA") with the United States Department of Justice ("the Department") against Womacks Casino ("Womacks"). The complaint alleged that Womacks has violated title III of the ADA and the Department's implementing regulation, 28 C.F.R. Part 36, by installing new slot machines in an area that is not accessible to people with mobility impairments.
  2. The parties to this Settlement Agreement ("Agreement") are the United States of America and Womacks Casino. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by Womacks of any violation.
  3. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:

Jurisdiction

  1. The ADA authorizes the Department to investigate alleged violations of title III. 42 U.S.C. ァ 12188 (b) (1). The Department is also authorized to commerce a civil action in United States district court if the Department is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance and to seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C.
  2. ァァ 12188 (a) (2) and 12188 (b). In consideration of the terms of this Agreement as set forth herein, the Department agrees to refrain from undertaking further investigation of this matter or from filing civil suit in this matter.
  3. Womacks, located in Cripple Creek, Colorado, is a place of recreation, operated by a private entity, and its operations affect commerce. It is a place of public accommodation covered by title III of the ADA. 42 U.S.C. ァ 12181 (7)(I).
  4. The subject of this Settlement Agreement is Womacks' obligation under 42 U.S.C. ァ 12182 (b) (2) (A) (iv) to remove architectural barriers in existing facilities where such removal is readily achievable and Womacks' obligation under 42 U.S.C. ァ 12183 (a) to undertake alterations in such a manner that they are readily accessible to and usable by persons with disabilities to the maximum extent feasible.

Remedial Action

  1. Within 90 days of the effective date of this Agreement, Womacks will provide access to its nickel bar machines by installing a ramp that complies fully with the ADA Standards for Accessible Design. 28 C.F.R. Part 36, Appendix A.
  2. Within 90 days from the effective date of this Agreement, Womacks will submit to the Department documentation (including photographs) of the constructed ramp.

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 Womacks of the possible violation and a period of 10 days in which Womacks has the opportunity to cure the alleged violation.
  2. If the Department sues for breach of this Agreement under カ9 and prevails, the parties stipulate that Womack's will pay $20,000 as a civil penalty within 10 days of the entry of judgment.
  3. 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.
  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 by Womack's or the Department on request. Womacks shall provide a copy of this Agreement to any person upon request.
  5. The effective date of this Agreement is the date of the last signature below.
  6. 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.
  7. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or of any other Federal law. This Agreement does not affect Womacks' continuing responsibility to comply with all aspects of title III of the ADA.

    For the UNITED STATES OF AMERICA

    Bill Lann Lee,
    Assistant Attorney 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

    _________________________________       Date: _________
    Erwin Haitzmann
    President/CEO
    WMCK Venture Corp
    220-220
    East Bennett Avenue
    P.O. Box 263
    Cripple Creek, Colorado 80813

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Updated August 6, 2015

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