SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC

E. SERVICE ANIMALS

33. Subject to the exceptions set forth in 28 C.F.R. § 36.302(c)(2)(i-ii), the Cavs shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.  The Cavs shall permit individuals with disabilities to be accompanied by their service animals in all areas of Quicken Loans Arena where members of the public, customers, patrons, or invitees are allowed to go.

34. Per 28 C.F.R. § 36.302(c)(2), the Cavs may ask an individual with a disability to remove a service animal from the premises if: (i) the animal is out of control and the animal’s handler does not take effective action to control it; or (ii) the animal is not housebroken.  If the Cavs properly exclude a service animal under this paragraph, they shall give the individual with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.

35. Per 28 C.F.R. § 36.302(c)(6), the Cavs shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. The Cavs may ask if the animal is required because of a disability and what work or task the animal has been trained to perform.  The Cavs shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.

36. Per 28 C.F.R. § 36.302(c)(8), the Cavs shall not ask or require an individual with a disability to pay a surcharge or to comply with other requirements generally not applicable to people without service animals.  If the Cavs normally charge individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.