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SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLOCKBUSTER INC.DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-231

This document, portion of document or clip from legal proceedings may not represent all of the facts, documents, opinions, judgments or other information that is pertinent to this case. The entire case, including all court records, expert reports, etc. should be reviewed together and a qualified attorney consulted before any interpretation is made about how to apply this information to any specific circumstances.

Attachment A

BLOCKBUSTER INC. POLICY REGARDING SERVICE ANIMALS FOR PEOPLE WITH DISABILITIES

Blockbuster Inc. is committed to making reasonable modifications in policies, practices, and procedures to permit the use of service animals in its stores by persons with disabilities. Service animals play an important role in ensuring the independence of people with disabilities, and it is therefore our policy to welcome into our stores and business offices any animal that is individually trained to assist a person with a disability.

What is a Service Animal?

Service animals are individually trained to work or perform tasks for individuals with disabilities. Service animals are not always dogs; other animals may assist people with disabilities. Service animals come in all breeds and sizes, may be trained either by an organization or by an individual with a disability, and need not be certified or licensed. Service animals do not always have a harness, sign, or symbol indicating that they are service animals. A service animal is not a pet.

Service animals assist people with disabilities in many different ways, such as:

  • Guiding people who are blind or have low vision and retrieving dropped objects for them;

  • Alerting people who are deaf or hard of hearing to sounds and the presence of others;

  • Carrying and picking up items, opening doors, or flipping switches for people with disabilities who have limited use of hands or arms, limited use of their legs, or limited ability to bend or stoop;

  • Pulling wheelchairs;

  • Alerting people with disabilities to the onset of medical conditions such as seizures, protecting them and cushioning them if they fall, reviving them, and performing other tasks that reduce the risk of disability-related injury;

  • Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities, or psychiatric disabilities, such as reminding a person with depression to take medication or waking him up, alerting a person with anxiety to the onset of panic attacks, orienting people with schizophrenia to reality, and helping people with intellectual or cognitive disabilities to locate misplaced items, find places, or follow daily routines; and

  • Providing physical support and assisting people with physical disabilities with stability and balance.

Requirements Regarding Service Animals:

Most of the time, people with disabilities, who use service animals, may be easily identified without any need for questioning. If we can tell by looking, do not make an individual feel unwelcome by asking questions. However, if we are unsure whether an animal meets the definition of a service animal, it is Blockbuster´s policy to ask the individual only one question at the point when the individual seeks entry to the store or office:

  • Is your animal a service animal required because of a disability?

If the individual says yes or otherwise explains that the animal is required because of a disability, Blockbuster will welcome the person and service animal into the store or office. Once an individual with a service animal has answered that one question, we will not ask any further questions about his or her service animal. Blockbuster will not ask an individual any questions about his or her disability or ask an individual to show a license, certification, or special ID card as proof of their animal´s training.

If other customers complain about the presence of a service animal, explain to them that federal law protects the right of the person to be accompanied by service animals in public places. Blockbuster will permit service animals to accompany individuals with disabilities to all areas of our stores normally used by customers or other members of the public and will treat individuals with service animals with the same courtesy and respect that it affords to all of our customers and to other members of the public who visit our stores or offices. Thus, Blockbuster will not interfere with the important work performed by a service animal by talking to, petting, or otherwise initiating contact with a service animal.

Manager Responsibilities

In the event that a particular service animal´s vicious behavior poses a direct threat to the health or safety of others, Blockbuster has the right to exclude that animal from our store or office at that time. Barking alone is not a direct threat. In addition, a direct threat does not exist if the service animal´s owner takes prompt, effective action to control the animal.

Only Store Managers, with the approval of their District Manager or Human Resources Manager, can make the decision to exclude a service animal because it poses a direct threat. We will not exclude a particular service animal based on past experiences with other animals, or based on fear that is not related to an individual service animal´s actual behavior. Each situation will be considered individually. In the event Blockbuster excludes a service animal because of a direct threat, the individual with a disability will still be welcome in our stores when he or she is not accompanied by that particular service animal.

Please handle any inquiries or complaints about this policy in accordance with our usual procedures by referring the inquiry or complaint to the Store Manager or District Manager.

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