United States of America v. The International Spy Museum - Settlement Agreement
SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
THE INTERNATIONAL SPY MUSEUM
UNDER TITLE III OF THE AMERICANS WITH DISABILITIES ACT, DJ No. 202-16-130
A. BACKGROUND
1. The parties to this Settlement Agreement ("Agreement") are the United States of America Department of Justice ("United States") and the International Spy Museum ("Museum").
2. This Agreement resolves an investigation and compliance review conducted by the United States Department of Justice (the "Department") of the Museum under title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 (the "ADA").
3. The investigation was commenced when the Department received a complaint dated August 14, 2004, from Mr. Michael Byington, the president of the Kansas Association for the Blind and Visually Impaired. Mr. Byington, who is legally blind, alleged that he and a group of individuals who are blind or have low vision were denied full and equal enjoyment of the Museum's goods, services and facilities of the Museum in violation of title III of the ADA. Specifically, Mr. Byington alleged that the Museum's exhibits and programs were inaccessible to visitors who are blind or who have low vision. For example, the Museum did not have guides or docents trained in providing accessible tours or computers equipped with speech outputs. The Museum did not provide printed materials, such as exhibit brochures or program handouts in alternate formats, such as Braille, large print or audio recording. Mr. Byington states that the Museum's failure to design accessible programs and services and thereby ensure that the content of its exhibitions, public programs, and other offerings were accessible and effectively communicated to individuals with vision impairments violated his rights under the ADA.
B. JURISDICTION
4. The Museum, developed by a private entity, The Malrite Company, is located at 800 F Street, N.W., in the District of Columbia. According to the Museum, it is the only public museum in the world solely dedicated to the tradecraft, history, and contemporary role of espionage. The Museum claims that its permanent exhibits feature the largest collection of international espionage artifacts ever placed on public display -- many for the first time. These artifacts, combined with historic photographs, are displayed in innovative formats including state-of-the-art audio visual programs, computer interactive displays and special effects. The Museum's operations include a museum, a restaurant, auditoriums, and a museum shop and affect commerce. Accordingly, the Museum is a place of public accommodation covered by title III of the ADA. 42 U.S.C. §§ 12181(7)(B), (D), (E), (H).
5. Under title III, the Museum must ensure that no individual with a disability is discriminated against on the basis of a disability in the full and equal enjoyment of the Museum's goods, services and facilities. 42 U.S.C. § 12182; 28 C.F.R § 36.201. Title III also requires the Museum to remove barriers to access in existing facilities where it is readily achievable to do so. Any new construction or alteration to any buildings or facilities including exhibitions, must be made in such a manner that those buildings or facilities meet the requirements of title III of the ADA. 42 U.S.C. § 12183; 28 C.F.R. §§ 36.401, 36.402.
6. The Museum is housed in a block of five historic buildings that were extensively renovated between 2001 and 2002 and is, therefore, covered by the alterations provisions of title III. 42 U.S.C. § 12183(a)(2); 28 C.F.R. § 36.402. Under title III, any alterations to a place of public accommodation, such as a museum, after January 26, 1992, shall be made to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 42 U.S.C. §§ 12181(7)(H), 12183(a)(2); 28 C.F.R. § 36.402.
7. Public accommodations, including those which own, lease or operate museums, are also required to provide full and equal enjoyment of the "goods, services, facilities, privileges, advantages, or accommodations" in the most integrated setting appropriate to individuals with disabilities. 42 U.S.C. § 12182(b)(1)(B); 28 C.F.R. § 36.203. To do so, an entity must:
a. Ensure that no individual with a disability is discriminated against on the basis of disability in the full and equal enjoyment of its services and facilities, 42 U.S.C. §§ 12182 - 12183;
b. Modify policies, practices, and procedures in order to afford access to services and facilities to individuals with disabilities, unless making such modifications would fundamentally alter the nature of such services and facilities, 42 U.S.C. §§ 12182(a), 12182(b)(2)(A)(ii);
c. Remove architectural barriers in its existing facilities where such removal is readily achievable, 42 U.S.C. § 12182(b)(2)(A)(iv);
d. Ensure that all of its newly constructed or altered buildings and facilities, including exhibitions, are readily accessible and usable by individuals with disabilities as required by the ADA regulations 42 U.S.C. § 12183(a); See 28 C.F.R. Part 36, Appendix A (the ADA Standards for Accessible Design ("Standards"));
e. Ensure that the content of its exhibits, public programs, and other offerings are accessible and effectively communicated to individuals with disabilities making, where necessary, appropriate auxiliary aids and services available to ensure effective communication to individuals with hearing and vision impairments unless taking such steps would fundamentally alter the nature of the content of such exhibits, public programs and offerings or result in an undue burden. 42 U.S.C. § 12182(b)(2)(A)(iii).
8. The ADA authorizes the Department to investigate any complaint alleging the Museum's failure to provide full and equal enjoyment of its goods, services, facilities, privileges, advantages or accommodations in an integrated setting to individuals with disabilities. 42 U.S.C. §§ 12182 - 12183, 12188(b)(1)(A)(i).
9. The ADA also requires the Department to conduct periodic compliance reviews of public accommodations. 42 U.S.C. § 12188(b)(1)(A)(i).
10. The Department is further authorized to commence a civil action in a United States district court if it 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. §§ 12188(b)(1)(B), 12188(b)(2).
11. The Department, with the cooperation of the Museum, investigated Mr. Byington's complaint and conducted a compliance review of the Museum's accessibility to individuals with disabilities under title III and the Department's implementing regulation, 28 C.F.R. Part 36.
12. As a result of the concerns raised by the Department, the Museum has engaged in some innovative efforts to offer individuals with disabilities equal access to its exhibits, programs and activities.
C. FINDINGS BY THE UNITED STATES
13. The investigation and compliance review conducted by the Department found that the Museum initially failed to implement means to ensure that people with disabilities have an equal opportunity to participate in and benefit from services, programs and activities offered to others. The Department has identified various aspects of the Museum that are not in compliance with the ADA and, specifically, with the provisions identified in Paragraph 7 above.
14. The Department alleges that, initially, the Museum failed to make all of its exhibits, public programs, and other offerings accessible and effectively communicated to individuals with disabilities in several ways, including but not limited to the following: the information on computer interactives screens was not accessible to people who are blind or have low vision; many audiovisual programs and most audio-only programs had audio tracks which were not accessible to people who are deaf or hard of hearing. Examples of the Museum's failure to remove architectural barriers in existing facilities included: no accessible seating in the Café; the force required to push or pull open the interior hinged doors to the men's and women's toilet rooms designated as accessible exceeded the maximum allowable force; and no integrated seating areas for wheelchairs and companion seats in the theaters. Since 2005 the Museum has undertaken remedial measures and, in some instances, has installed state-of-the art technologies in the Museum to comply with the ADA.
The Department has identified the following individual violations:
GENERAL
Circulation and flow:
a. There is no signage to the interior accessible route between the Museum lobby and the Spy City Café. See Standards § 4.1.2(7)(c).
b. The main Café entry door on F St., N.W. does not have directional signage to the exterior accessible Café entrance and the characters of the signage on the accessible Café entry door on 9th St., N.W. do not contrast with the background. See Standards §§ 4.1.2(7)(c), 4.30.5.
Elevators:
c. The "Disco" elevator hoist way entrance lacks raised and Braille floor designations on both jambs and the elevator emergency call system does not operate without voice communication. See Standards §§ 4.10.5, 4.10.14.
FIRST FLOOR
Museum Gift Shop:
d. The 42" height of the main cashier counter and the 42 1/2" height of the second cashier counter exceed the maximum 36" allowable height above the finished floor. No alternate accessible counter is provided. See Standards § 7.2(1).
Spy City Café:
e. The force required to push or pull open the interior hinged vestibule doors to the men's and women's toilet rooms designated as accessible is 10 pounds of force (lbf), which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
f. The bottom edges of the reflecting surfaces of the mirrors in the men's and women's toilet rooms located outside the Café and designated as accessible are mounted 57 ½" [sic] from the finished floor, which exceeds the maximum allowable height of 40" above the finished floor. See Standards § 4.19.6.
g The height of the main cashier counter is 42" above the finished floor, exceeding the maximum allowable height of 36". See Standards § 7.2(1).
h. The Café has no accessible seating. Where fixed tables are provided at least 5% but not less than one of the fixed tables shall be accessible. See Standards § 5.1.
Main Lobby:
i. The 40 1/2" height of the main ticket counter exceeds the maximum allowable height of 36" above the finished floor. See Standards § 7.2(1).
j. Portions of the main ticket counter, which are mounted more than 27 inches above the finished floor, protrude more than 4 inches into the circulation path. See Standards § 4.4.1.
Restrooms Main Lobby:
k. The restroom vestibule door does not have the required minimum of 18" maneuvering clearance on the latch side of the door. See Standards § 4.13.6.
l. The force required to push or pull open the interior hinged doors to the restroom vestibule door is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
m. The handles, locks, and other operating devices of the men's and women's toilet stall doors do not have a shape that is easy to grasp with one hand and require tight grasping and twisting actions of the wrist to operate. See Standards § 4.13.9.
n. The force required to push or pull open the interior hinged doors to the women's toilet room door is 13 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
o. The operation of the feminine product dispenser in the women's toilet room requires tight grasping and twisting of the wrist. See Standards § 4.27.4.
Suspicious Minds Ramp:
p. The ramp leading to the exhibits has a rise greater than 6", but does not have the required handrails on both sides. See Standards § 4.8.5.
q. The handrail of the ramp leading to the exhibits is not at the required distance of 1 1/2" from the wall. See Standards § 4.8.5(3).
21st Century Theater:
r. The theater lacks the required integrated wheelchair seating area for two wheelchairs and two companion seats. See Standards §§ 4.1.3(19)(a) and 4.33.3.
SECOND FLOOR
Toilet Rooms-Banquet Area:
s. The force required to push or pull open the doors to the women's and men's toilet rooms designated as accessible is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
t. The toilet centerline of the men's toilet room is 19" from the side wall instead of the required 18". See Standards § 4.16.2.
Toilet Rooms-Special Exhibit Space:
u. The force required to push or pull open the restrooms' vestibule doors is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
v. The force required to push or pull open the men's and women's toilet rooms designated as accessible is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
w. The men's and women's toilet stall door hardware requires tight grasping and twisting of the wrist. See Standards § 4.13.9.
x. The operation of the feminine product dispenser in the women's toilet room requires tight grasping and twisting of the wrist. See Standards § 4.27.4.
y. The toilet seat cover dispenser in the women's toilet room is located behind the toilet and is not mounted within the allowable reach ranges. See Standards §§ 4.2.5 and 4.2.6.
THIRD FLOOR
Disinformation Corridor Exhibit:
z. The force required to push or pull open the red door leading out of the exhibit is 15 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
Rising Sun Exhibit:
aa. The force required to push or pull open the painted door leading out of the exhibit is 14 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
Briefing Room Theater:
bb. The theater lacks the required integrated wheelchair seating areas for two wheelchairs and two companion seats. See Standards §§ 4.1.13(19)(a) and 4.33.3.
Cloak and Dagger Theater:
cc. The theater lacks the required integrated wheelchair seating area for two wheelchairs and two companion seats. See Standards §§ 4.1.3(19)(a) and 4.33.3.
Toilet Rooms North (Celebrity Spies)–Men [sic]:
dd. The force required to push or pull open the men's toilet room door is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
ee. The men's toilet room stall door hardware requires tight grasping and twisting of the wrist. See Standards § 4.13.9.
Toilet Rooms North (Celebrity Spies)–Women [sic]:
ff. The force required to push or pull open the women's toilet room door is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
gg. The women's toilet room stall door hardware requires tight grasping and twisting of the wrist. See Standards § 4.13.9.
hh. The operation of the feminine product dispenser in the women's toilet room requires tight grasping and twisting of the wrist. See Standards § 4.27.4.
ii. The toilet seat is 20" above the finished floor and exceeds the allowable range of 17" to 19". See Standards § 4.16.3.
Toilet Rooms South (Briefing Theater):
jj. The force required to push or pull open the men's toilet room door is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
kk. The men's and women's toilet room stall door hardware requires tight grasping and twisting of the wrist. See Standards § 4.13.9.
ll. The force required to push or pull open the women's toilet room door is 10 lbf, which exceeds the maximum allowable door opening force of 5 lbf. See Standards § 4.13.11(2)(b).
Auxiliary Aids and Services
mm. The Museum has not provided adequate audio description, captioning, or other means of effectively communicating the experience and content of its artifacts and other offerings:
i. None of the printed materials available to visitors in the Museum itself are in alternate formats (e.g., Braille, large print, audio recording, or in accessible electronic format on disk, CD-Rom, DVD or on the web). See 28 C.F.R §§ 36.303(a), (b), and (c).
ii. The Museum's map, which is available to aid navigation and understanding of the Museum's offerings, is not available in formats accessible to visitors who are blind or who have low vision. See 28 C.F.R §§ 36.303(a), (b), and (c).
iii. No method of communicating exhibit content to visitors who are blind or have low vision, such as audio description of exhibit objects, period settings, audiovisual presentations or computer interactives, is available. See 28 C.F.R §§ 36.303(a), (b), and (c).
iv. The information on computer interactive screens is not accessible to people who are blind or have low vision because no method of communicating the content of the computer interactives such as audio description or a screen reader is provided. See 28 C.F.R §§ 36.303(a), (b), and (c).
v. Exhibition label text is not available in alternate formats. See 28 C.F.R §§ 36.303(a), (b), and (c).
vi. Most of the information is not tactile or provided in an alternate way for individuals with disabilities and the tactile experiences currently available for some exhibits are limited in number and do not adequately convey the main themes and visitor experiences in the Museum. See 28 C.F.R §§ 36.303(a), (b), and (c).
vii. Not all audiovisual programs have audio tracks that have accessible alternatives for people who are deaf or hard of hearing. See 28 C.F.R §§ 36.303(a), (b), and (c).
viii. Not all audio-only programs are accessible to people who are deaf or hard of hearing. See 28 C.F.R §§ 36.303(a), (b), and (c).
ix. The Museum does not always answer its published TTY number. See 28 C.F.R §§ 36.303(a), (b), and (c).
x. The Museum has a policy of providing sign language interpreters only for special event public programs. There is no policy for provision of other auxiliary services such as oral interpreters, realtime captioners, or assistive listening systems. See 28 C.F.R §§ 36.303(a), (b), and (c).
D. TERMS OF AGREEMENT
15. In order to avoid potential litigation, the parties agree to the terms of this Settlement Agreement. These terms are intended to redress the violations of the ADA that have been identified by the Department.
16. In consideration of the terms of this Agreement and the Museum's promises contained in Section D of this Agreement, the United States agrees to refrain from filing a civil suit in this matter regarding all matters addressed by this Agreement except as provided in Section E.
17. The Museum shall not discriminate against individuals with disabilities on the basis of disability in the full and equal enjoyment of its goods, services, and facilities. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.
18. The Museum shall make reasonable modifications in policies, practices or procedures, when the modifications are necessary to afford its goods, services or facilities to individuals with disabilities who visit the Museum unless the modifications would fundamentally alter the nature of the goods, services, or facilities. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
19. The Museum shall maintain in operable working condition those features of facilities, including exhibitions and equipment, that are required to be accessible by this Agreement and under the ADA.
20. The Museum shall ensure that all of its alterations, additions, newly installed exhibitions and new construction are readily accessible to and usable by individuals with disabilities and also ensure that it designs, constructs and installs all exhibitions, including temporary and touring exhibitions, in compliance with 42 U.S.C. § 12183(a)(1) and 28 C.F.R. § 36.401.
21. The Museum shall ensure that any alterations made after the effective date of this Agreement to any of its exhibitions and facilities are readily accessible to, and usable by, individuals with disabilities, in compliance with 42 U.S.C. § 12183(a)(2) and 28 C.F.R. §§ 36.402 - 36.405.
22. The Museum shall remove architectural barriers in existing facilities where such removal is readily achievable, in compliance with 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304.
23. The Museum shall update its efforts continually to ensure full access to services to individuals with disabilities and to continue its ongoing efforts to remove barriers to access throughout its exhibitions, facilities and buildings, in compliance with 42 U.S.C. § 12182(b)(2)(A)(ii) and (iv); 28 C.F.R. §§ 36.304.
24. The Museum shall provide auxiliary aids and services to ensure that the content of its exhibitions, public programs and other offerings is accessible and effectively communicated to individuals with hearing and vision impairments in compliance with 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.
Specific Remedial Measures
25. The Museum agrees to comply with the ADA and to ensure that the content of its exhibitions, public programs, and other offerings are accessible and effectively communicated to individuals with disabilities. The parties agree that remedial measures to provide adequate audio description, captioning or other means of effectively communicating the experience and content of the Museum's artifacts and other offerings will require substantial time and resources to achieve. Therefore, this Agreement allows the Museum to make accessible its audiovisual presentations and programs, the information in computer interactives, and other exhibits and artifacts in incremental steps as set forth in Paragraphs 26-29. Under this timetable, all remedial measures are scheduled to be completed within twenty-four months of the effective date of this Agreement (as defined in Paragraph 45).
26. Accordingly, within three months of the effective date of this Agreement (as defined in Paragraph 45) and throughout the life of the Agreement, the Museum agrees to do the following:
Signage:
a. Provide directional signage to the interior accessible route between the Museum lobby and the Spy City Café and on the main Café entry door to the exterior accessible Café entrance. Provide signage with light characters on a dark background or dark characters on a light background on both Café entrances. See Standards §§ 4.3.2(2), 4.30.5 and 4.1.2(7)(c).
"Disco" Elevator:
b. For purposes of resolving this matter, the Museum will provide an attendant to operate the "Disco" elevator and to provide elevator emergency communication during the hours that the Museum is open to the public. See Standards §§ 4.10.5, 4.10.14.
Cashier counters:
c. Provide a section of counter that is a minimum of 36" wide by a maximum of 36" high or an auxiliary accessible counter at the following locations:
i. Museum Gift Shop (provide a temporary surface, such as a clipboard, and install a permanent counter within twenty-four months);
ii. Spy City Café; and
iii. Provide directional signage to the accessible auxiliary counter in Main Lobby and ensure that this auxiliary counter is maintained as such without equipment or obstructions that affect the accessibility or use by persons with disabilities. See 28 C.F.R. § 36.303, Standards § 7.2(1).
Doors:
d. i. Provide doors that require no more than 5 lbf to push or pull open at the following locations:
(1) Spy City Café men's and women's toilet rooms;
(2) Main Lobby restrooms vestibule;
(3) Main Lobby women's toilet room;
(4) Second floor banquet area men's and women's toilets;
(5) Second floor Special Exhibit Space restroom vestibule;
(6) Second floor Special Exhibit Space men's and women's toilet rooms;
(7) Red door in Disinformation Corridor Exhibit area;
(8) Painted door in the Rising Sun Exhibit area;
(9) Celebrity Spy Exhibit area men's toilet room;
(10) Celebrity Spy Exhibit area women's toilet room; and
(11) Briefing Theater area men's and women's toilet rooms. See Standards § 4.13.11(2)(b).
d. ii. Provide handles, locks and other operating devices that have a shape that is easy to grasp with one hand and does not require tight grasping and twisting actions of the wrist to operate at the following locations:
(1) Main Lobby men's and women's toilet stall doors;
(2) Second Floor Special Exhibit Space men's and women's toilet stall doors;
(3) Celebrity Spy Exhibit area men's toilet stall door;
(4) Celebrity Spy Exhibit area women's toilet stall door; and
(5) Briefing Theater area men's and women's toilet stall doors. See Standards § 4.13.9.
Auxiliary Aids and Services
Maps/floor plans:
b. Provide at the front desk tactile maps of the Museum and floor plan that visitors can borrow. See 28 C.F.R. § 36.303.
Audiovisual presentations and computer interactives without audio description:
c. The Museum will continue to offer its existing twenty-minute tactile orientation tour with advance notice pending completion of its plan to provide a qualified audio describer who can audio describe any requested Museum audiovisual presentations and computer interactives to visitors upon advance request. The Museum will continue to advertise the availability of this service. See 28 C.F.R. § 36.303.
Audio description of exhibits:
d. The Museum will continue to offer its existing twenty-minute tactile orientation tour with advance notice pending completion of its plan to provide a qualified audio describer who can audio describe any requested Museum exhibitions to visitors upon advance request. See 28 C.F.R. § 36.303.
Exhibition label text:
e. The Museum will continue to offer its existing twenty-minute tactile orientation tour with advance notice pending completion of its plan to provide a qualified reader who can read labels in all exhibitions to visitors upon advance request. See 28 C.F.R. § 36.303.
Audiovisual presentations and computer interactives with uncaptioned audio tracks:
f. Provide scripts for audiovisual programs and computer interactives with uncaptioned audio tracks (e.g. entry-way sound effects and video.) The script for the computer interactives will, to the extent feasible, reflect the interaction experienced by visitors who are not deaf or hard of hearing. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.
Uncaptioned audio-only programs:
g. The Museum will continue to provide scripts or wall text for those programs with audio only tracks and will advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.
TTY:
h. Train staff to answer TTY calls correctly. See 28 C.F.R. § 36.303.
Sign language and oral interpreters:
i. Offer sign language and oral interpreter services and realtime captioning, on advance request, for all public programs and include a notice on the Museum's website to that effect. See 28 C.F.R. § 36.303.
Notice of auxiliary aids and services:
j. Display a notice indicating the availability of auxiliary aids and services that the Museum currently provides on the Museum's website, brochures, and in its print and video advertisements. See 28 C.F.R. § 36.303.
27. Within six months of the effective date of this Agreement (as defined in Paragraph 45) and throughout the life of the Agreement, the Museum agrees to do the following:
Mirrors:
a. Provide a mirror in the Spy City Café men's and women's toilet rooms where the bottom edge of the reflecting surface of the mirror is mounted no more than 40" above the finished floor. See Standards § 4.19.6.
Auxiliary Aids and Services
Audiovisual presentations and computer interactives:
b. Provide a qualified audio describer who can audio describe Museum audiovisual presentations and computer interactives to visitors upon advance request. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.
Audio description of exhibits:
c. Provide a qualified audio describer who can audio describe Museum exhibitions. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.
Exhibition label text:
d. Provide a qualified reader who can read labels in Museum exhibitions. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.
Protruding objects and vitrines:
e. Add aprons, extend bases, or add barriers below objects and vitrines that project more than 4" from walls and have their leading edges greater than 27" and less than 80" above the finished floor. See Standards § 4.4 and 28 C.F.R. § 36.303.
28. Within twelve months of the effective date of this Agreement (as defined in Paragraph 45), and throughout the life of the Agreement, the Museum agrees to do the following:
Doors:
a. Main Lobby restroom: provide a restroom vestibule door with at least 18" of maneuvering clearance on the latch side of the door. See Standards § 4.13.6.
Ramps:
b. Provide handrails on each side of the ramps at the following locations:
i. "Suspicious Minds" Exhibit ramp leading to the exhibits; and
See Standards § 4.8.5(3).
Seating:
c. i. Provide integrated wheelchair seating areas for two wheelchairs and two companion seats at the following locations:
a. "21st Century" Theater;
b. "Briefing Room" Theater; and
c. "Cloak and Dagger" Theater.
See Standards §§ 4.1.3(19)(a) and 4.33.3.
c. ii. Ensure that at least 5% of the fixed table seating but not less than one table is accessible to wheelchair users in the Spy City Café. See Standards § 5.1.
Toilets:
d. i. Provide an 18" distance between the side wall and the toilet centerline of the men's toilet room in the Banquet area. See Standards § 4.16.2.
d. ii. Provide a toilet seat cover dispenser in the women's toilet room in the Special Exhibit Space that is mounted within the allowable reach ranges. See Standards §§ 4.2.5 and 4.2.6.
Auxiliary Aids and Services
Printed material:
e. Provide all printed materials that are available in the Museum itself in accessible formats (i.e., Braille, large print, audio recording, or in accessible electronic format on disk, CD-Rom, DVD or on the web), from the date they are officially made available to the public. See 28 C.F.R. § 36.303.
Maps/floor plans:
f. Provide at the front desk for use during the Museum visit an up-to-date tactile map of the Museum's current floor plan, including temporary exhibitions, changes to the permanent exhibition and areas under repair or renovation. See 28 C.F.R. § 36.303.
Tactile objects:
g. Provide a representative sample of objects, models, and/or reproductions of objects to communicate the main themes of the exhibitions for tactile examination. Objects, models, and/or reproductions must be accompanied by audio description, and mounted in the exhibition. The Museum may also present a well-advertised separate tour to walk-in visitors and upon advance request. See 28 C.F.R. § 36.303.
Audiovisual programs with uncaptioned audio tracks:
h. Provide captions for all audiovisual presentations in permanent and temporary exhibitions as well as for all public programs. If captioned versions of audiovisual presentations shown during public programs, touring exhibitions and special events are not available advertise that sign language, oral interpreters assistive listening devices and realtime captioning are available upon advance request. See 28 C.F.R. § 36.303.
Audio-only programs with uncaptioned audio tracks:
i. Provide captions for all audio-only programs in permanent and temporary exhibitions as well as for all public programs. If captioned versions of audiovisual presentations shown during public programs, touring exhibitions and special events are not available advertise that sign language, oral interpreters assistive listening devices and realtime captioning are available upon advance request. See 28 C.F.R. § 36.303.
29. Within twenty-four months of the effective date of this Agreement (as defined in Paragraph 45) and throughout the life of the Agreement, the Museum agrees to do the following:
Toilets:
a. Provide a toilet seat that is 17" to 19" above the finished floor in the north women's toilet room located in the "Celebrity Spies" exhibit area. See Standards § 4.16.3.
Feminine product dispensers:
b. For purposes of resolving this matter, the Museum will provide, on each floor, at least one feminine product dispenser in the women's toilet rooms that does not requires tight grasping and twisting of the wrist to operate. See Standards § 4.27.4.
Auxiliary Aids and Services
Audiovisual presentations and computer interactives:
c. Provide upon request audio descriptions of all audiovisual presentations and computer interactives such that the walk-in visitor has an integrated viewing of all the Museum's permanent and temporary exhibitions as well as audiovisual presentations in special events programming. See 28 C.F.R. § 36.303.
Audio description of exhibits:
d. Provide upon request on-demand accessible description and label reading of all temporary and permanent exhibitions using a delivery system that allows the walk-in visitor integrated viewing of all Museum exhibits. See 28 C.F.R. § 36.303.
30. The Museum may, in its discretion, choose to submit plans to the Department for any other alterations or new construction. The Department agrees to review and approve or disapprove any architectural and exhibition design plans submitted, in a timely manner, but no later than 30 business days after receipt of such plans. In the event the Department disapproves a plan and should the parties be unable to reach a resolution within 30 days of the date of the Department's written notification disapproving the plan, the Department may take steps it believes appropriate to enforce compliance with the ADA and its implementing regulation as provided in Section E.
31. Within thirty days of the effective date of this Agreement, as defined in Paragraph 45, the Museum shall designate or hire an ADA Compliance Officer and shall identify this individual to the Department. The Museum will ensure that the ADA Compliance Officer, at the Museum's expense, undergoes training on the requirements of title III as it applies to a Museum's obligations under the ADA no later than 60 days after appointment. The ADA Compliance Officer shall be responsible for handling disability-related complaints from the visitors to the Museum and for ensuring the Museum's compliance with the ADA.
32. Within 60 days of the effective date of this Agreement, the Museum shall train all first line supervisors and managers on the requirements of title III of the ADA as it applies to the Museum's obligations under the ADA. The Museum shall ensure that all newly hired supervisors and managers receive this training within thirty days of hire.
33. Within thirty days of the effective date of this Agreement, the Museum shall develop an ADA Complaint Resolution Policy to address ADA-related complaints by visitors to the Museum and shall provide a copy of the policy to the Department for review and approval or revision. This policy shall identify the ADA Compliance Officer, the procedure for filing complaints and the process by which complaints will be investigated and resolved. The Museum shall implement the policy within thirty days of approval.
34. The Museum shall provide a report annually to the Department, on the anniversary of the effective date of this Agreement, regarding its progress with respect to the completion of its responsibilities under Section D of this Agreement. The report shall identify and document (e.g., with copies of construction contracts, photographs and/or design drawings) the corrections that have been made, document any training of employees that has occurred (by date and the content of the training) and provide copies of any ADA-related policies that the Museum has adopted.
E. IMPLEMENTATION AND ENFORCEMENT
35. The United States shall have the right, during the course of this Agreement and with reasonable prior notice to the Museum, to conduct inspections of the Museum and to request documents or photographs in order to evaluate compliance with this Agreement. The Department shall make every effort to conduct its inspections at times that are agreeable to the Museum, so that the Museum can ensure that minimal disruption to its operations results from such inspections.
36. If the United States believes that the Museum is not in compliance with this Agreement or any requirements contained herein, the United States agrees to notify the Museum in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the Museum. If the parties are unable to reach a resolution within 30 days of the date of the United States' written notification, the United States may seek enforcement of the terms of this Agreement in any United States District Court where jurisdiction and venue are proper. In the event the court determines that the Museum has failed to comply with any term of this Agreement, such failure to comply shall be treated as a second violation of title III of the ADA, and the United States may seek, and the court may assess, civil penalties as provided in 42 U.S.C. § 12188(b)(2)(C). Alternatively, should the parties be unable to reach a resolution within 30 days of the date of the United States' written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulation.
37. In consideration of, and consistent with, all the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter regarding all matters addressed by this Agreement, except as provided in Paragraph 36.
38. The Department's failure to enforce this entire Agreement or any provision with regard to any deadline or any other provision contained herein shall not be construed as a waiver by the Department of any right to do so.
39. This Agreement shall be binding upon the Museum, and its agents and employees. In the event the Museum seeks to transfer or assign all or part of its interests in any exhibition or facility covered by this Agreement, and the successor or assign intends to carry on the same or similar use of the facility, as a condition of sale, the Museum shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
40. All notices, demands, or other communications to be provided pursuant to this Agreement shall be in writing and delivered by fax or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):
1. For the Museum:
Mr. E. Peter Earnest
Executive Director
International Spy Museum
800 F Street, N.W.
Washington, D.C. 20004
2. For the United States:
John L. Wodatch, Section Chief
U.S. Department of Justice
Disability Rights Section
1425 New York Avenue, N.W.
Washington, D.C 20005
(Fax) 202-305-9775
41. This Agreement constitutes the entire Agreement between the Parties relating to Department of Justice Case No. 202-16-130 on the matters raised herein, and no other statement, promise or agreement, either written or oral, made by either party or agents of any party, that is not contained in this written Agreement shall be enforceable.
42. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided however, that if the severance of any such provision materially alters the rights or obligations of the parties, the Department and the Museum shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
43. This Agreement is limited to the Museum described in Paragraph 4 above, and does not apply to any other design or construction project of or related to the Museum. It is limited to the matters described herein and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the Museum's continuing responsibility to comply with all aspects of the ADA not covered by this Agreement.
44. A signatory to this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.
45. The effective date of this Agreement is the date of the last signature below. The Agreement shall remain in effect for three years from the effective date, unless extended by agreement of the parties.
For the International Spy Museum:
_______________________
By E. Earnest
Excutive Director
International Spy Museum
Date June 3, 2008
For the United States of America:
GRACE CHUNG BECKER
Acting Assistant Attorney General
Jeffrey A. Taylor
United States Attorney
By:_____________________
John L. Wodatch, Chief
L. Irene Bowen, Deputy Chief
Philip L. Breen, Special Legal Counsel
Eugenia Esch, Trial Attorney
Michele A. Mallozzi, Architect
Disability Rights Section
U.S. Department of Justice
Washington, D.C. 20035-6738
(202) 307-2227
Date June 3, 2008
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