DEPARTMENT OF JUSTICE COMPLAINT NUMBERS
DJ 202-10-7, DJ 202-11E-5, DJ 202-17-11, DJ 202-17M-105, DJ 202-18-90, DJ 202-19-33, DJ 202-29-7, DJ 202-38-4, DJ 202-51-89, DJ 202-73-48, DJ 202-73-58, DJ 202-73-63, DJ 202-73-65, DJ 202-73-74, DJ 202-74-22, and DJ 202-77-18.
This Settlement Agreement ("Agreement") is made and entered into by and between the United States Department of Justice (the "Department") and Greyhound Lines, Inc., a corporation incorporated under the laws of Delaware ("Greyhound").
1. This matter was initiated by several complaints filed with the United States Department of Justice (the "Department"). These complaints were investigated by the Disability Rights Section of the Civil Rights Division of the Department, under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA" or the "Act"), 42 U.S.C. § 12188(b), and the Department's implementing regulation, 28 C.F.R. § 36.502. The complaints alleged that Greyhound violated certain provisions of the ADA because: (a) two of its facilities had architectural barriers to access by persons with disabilities where such removal was readily achievable; or (b) drivers and other Greyhound personnel failed on certain occasions to provide appropriate assistance to several passengers with disabilities. The Department asserts that these allegations, if true, constitute violations of 42 U.S.C. §§ 12184(b)(2)(A) and (C) and 49 C.F.R. Part 37. Specifically, the complaints included the following allegations:
a. DJ 202-10-7 involved an allegation by Gerald DiPaolo that he was not offered transfer assistance during his trip from Hollywood, Florida, to Lamar, Arkansas, in July 1998. Mr. DiPaolo alleges that assistance was necessary to accommodate his mobility impairment. Greyhound sent the customer an apology letter and a voucher for free travel;
b. DJ 202-11E-5 involved an allegation that the public restroom at the Greyhound bus terminal in Bakersfield, California, was not accessible to all persons with disabilities. The parties agree that these barriers were removed promptly in 1994 upon notice by the Department;
c. DJ 202-17-11 involved a complaint by Melvin Henderson that Greyhound employees refused to provide boarding assistance on several trips between Mariana, Florida, and Fort Myer, Florida, in July 1996, that he had to be carried by other passengers, and that he was dropped;
d. DJ 202-17M-105 involved a complaint by Leon Bryant that, during his trip from Oxnard, California, to Jacksonville, Florida, in May 1998, he was verbally harassed by the driver and was refused seating in the area designated for passengers with disabilities. The cramped seating exacerbated his mobility impairment (causing pain and swelling) and required his use of pain medication. Also, when Mr. Bryant asked to file a complaint, he was refused assistance;
e. DJ 202-18-90 involved a complaint by Katia Dich that, upon arriving in Key West, Florida, from Miami, Florida, in April 1998, the driver refused to assist her exiting the bus or to provide other customer assistance, and verbally harassed her. Ultimately, a police officer had to assist her;
f. DJ 202-19-33 involved an allegation by Darlene Brazie that drivers and other employees of Greyhound refused to provide her boarding assistance while she was a passenger with Greyhound from Marietta, Georgia, to Wickenburg, Arizona, in April 1993, despite her physical disabilities associated with polio. Ms. Brazie also asserts that a Greyhound driver verbally harassed her during her trip. Greyhound states that this driver was subsequently terminated;
g. DJ 202-29-7 involved an allegation that the public restroom at the Greyhound bus terminal in Wichita, Kansas, was not accessible to all persons with disabilities. The parties agree that these barriers were removed promptly in 1993 upon notice to Greyhound by the Department;
h. DJ 202-38-4 involved an allegation by Elizabeth Schultz that drivers or other employees of Greyhound improperly carried her onto a bus in Holland, Michigan, in June 1993, almost dropped her during a transfer in Grand Rapids, Michigan, and improperly carried her off a bus in Lansing, Michigan, while she was a passenger with Greyhound. The complaint also alleged that Ms. Schultz has physical disabilities associated with cerebral palsy and multiple sclerosis which made walking impossible. In addition, the complaint alleged that the driver treated Ms. Schultz in a condescending manner during the last portion of her trip to Lansing, Michigan. Greyhound sent the customer an apology letter and a voucher for free travel;
i. DJ 202-51-89 involved two complaints by Ms. Shirley Guy that Greyhound employees refused to sell her a ticket from New York City to Manchester, Vermont, in September 1995 and May 1996, because she was accompanied by a service animal. In addition, on her second trip, the driver verbally harassed her and initially refused to allow her to board with her service dog. After the driver was told by his supervisor to allow her on board, she was told to sit in the back of the bus;
j. DJ 202-73-48 involved an allegation by Bernadette Zito that drivers or other employees of Greyhound failed to provide immediate boarding assistance or provided improper boarding service while she was a passenger with Greyhound from Madison, Wisconsin, to Chicago, Illinois, and on her return trip in February 1995. In addition, the complaint alleged that Greyhound did not adequately assist her in moving to more appropriate seating. Ms. Zito alleges that she has physical disabilities associated with severe rheumatoid arthritis which make climbing stairs or unaided standing impossible;
k. DJ 202-73-58 involved a complaint by Mr. T.D. Childs, a blind Greyhound passenger, who was traveling from Huntington, West Virginia, to Little Rock, Arkansas, in May 1997. Mr. Childs alleges that Greyhound employees refused to provide assistance boarding a Greyhound bus and refused to provide assistance at transfer stations. This refusal caused Mr. Childs to almost miss a connection. Greyhound employees also refused to provide assistance on his return trip;
l. DJ 202-73-63 involved a complaint by Carmon Williams that her mother, who has osteoporosis and a mobility impairment, was refused assistance in boarding and exiting a Greyhound bus on a trip from Bloomington, Indiana, to Purdue, California, in May 1997. Ms. Williams also alleges that the driver was verbally abusive and threatened to leave them on the deserted road;
m. DJ 202-73-65 involved a complaint by Ms. Erica Maitland that she tried to board a bus in Roanoke, Virginia, to New York City with her son in June 1997. On her first visit, Greyhound employees refused to sell her a ticket, but sold other non-disabled passengers tickets to the same destination after her request. The following day, she was allowed to buy a ticket. The driver yelled at her son and told him that he was responsible for boarding and deboarding Ms. Maitland from the bus. Ms. Maitland alleges that her son had a hernia and would be unable to carry his mother;
n. DJ 202-73-74 involved a complaint by Mr. Ernest Means that, despite notifying Greyhound 3 days in advance of his trip, he was denied boarding assistance throughout his trip from Zanesville, Ohio, to Wilmington, Delaware, in December 1996. As a consequence, he was repeatedly forced to call upon the assistance of other passengers or friends to assist him. Mr. Means uses a wheelchair;
o. DJ 202-74-22 involved an allegation by Maria Vasquez, who uses a wheelchair, that drivers and other employees of Greyhound failed to provide boarding assistance during her trip from Austin, Texas, to Corpus Christi, Texas, in July 1992;
p. DJ 202-77-18 involved an allegation by Towanda Redman that Greyhound employees refused to assist her in carrying and stowing her luggage onboard a bus in Salt Lake City, Utah, when she was traveling to Burley, Idaho, in January 1997. Ms. Redman, who uses a wheelchair, states that Greyhound employees ultimately helped her only after her sister contacted the Greyhound Customer Service department in Dallas, Texas. Ms. Redman also states that, when she arrived in Burley, Idaho, a manager of the station refused to assist her after the bus driver left her and her luggage at the locked bus depot. Ultimately, Ms. Redman was driven home by the police.
2. Greyhound has cooperated fully in the Department's investigation. Greyhound has undertaken a good faith investigation of each of the above complaints and has settled several additional complaints not set forth above. The parties recognize that Greyhound was not notified of a number of these complaints until many months after the alleged incident, thereby making a thorough investigation of some of these complaints difficult. Further, the Department has not furnished Greyhound with the addresses and telephone numbers of some of the complainants and thus Greyhound has been unable to resolve such complaints directly with the customers.
In order to avoid potential litigation and in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
3. Greyhound's Operations. As of June 1, 1999, Greyhound owned and operated approximately 100 terminals in the United States including the Bakersfield, California and Wichita, Kansas terminals described in paragraph 1 above. Greyhound also leases portions of additional facilities for providing transportation services to its passengers. As of June 1, 1999, Greyhound employed approximately 4,600 drivers and a total of approximately 4,000 other customer service employees working in 123 stations. As of June 1, 1999, Greyhound served more than 2,600 destinations nationwide.
4. Jurisdiction. The parties agree that Greyhound is subject to certain requirements of title III of the ADA because it is a private entity that provides specified public transportation, as defined in 42 U.S.C. § 12181(10), it is primarily engaged in the business of transporting people, and its operations affect commerce. 42 U.S.C. § 12184.
5. Authority of the Department of Justice. The parties recognize that the Department of Justice is the sole federal agency with authority for litigation of allegations of violations of title III of the ADA.
6. Removal of Barriers. The parties agree that, as of the effective date of this Agreement, the barriers described in paragraphs 1(b) and 1(g) were promptly removed by Greyhound after being notified by the Department of Justice. Greyhound states that, despite a net loss of more than $90 million over the last four fiscal years, Greyhound already has spent over $4.4 million to identify and remove barriers from many of the terminals which it owns and operates throughout the United States. The parties agree that Greyhound has developed a program of systematically surveying these facilities and developing a plan to identify and remove barriers (where such removal is readily achievable) in facilities owned and operated by Greyhound. Greyhound agrees to continue this program in good faith in accordance with the requirements of title III of the ADA. With respect to transportation facilities leased by Greyhound, Greyhound states that it has developed a program for identifying and removing barriers where such barriers are Greyhound's obligation to remove under the ADA and where such removal is readily achievable. Greyhound agrees to continue this program in good faith.
7. Settlement Payments. Greyhound agrees to pay the following damages:
a. $4,000 each to Melvin Henderson and Ernest Means.
b. $2,000 to Maria Vasquez.
c. $1,000 each to Katia Dich, Darlene Brazie, Shirley Guy, and Bernadette Zito.
d. $500 each to Leon Bryant, Gerald DiPaolo, Elizabeth Schultz, Carmon Williams, Erica Maitland, Towanda Redman and T.D. Childs.
Within 10 days of the effective date of this Agreement, Greyhound or its counsel shall mail to each claimant (to the last known address provided by the Department) by overnight courier a waiver and release of all claims form (in the form attached as Exhibit A hereto), a copy of this Agreement, and a letter in the form of Exhibit B hereto. Greyhound shall issue payment in accordance with this paragraph for each claimant who returns an executed copy of Exhibit A within 90 days of date of mailing. Each payment shall be made in the form of cashier's check payable to the claimant and mailed to the claimant by overnight express courier within seven working days after Greyhound receives a fully executed waiver and release of all claims from that claimant. Greyhound will send the undersigned counsel for the Department a copy of the documents sent to above named recipients when they are sent to said recipients.
8. Internal Dispute Resolution Procedure. Within 90 days of the effective date of this Agreement, Greyhound agrees to institute the following procedures:
a. Greyhound will continue to maintain a toll-free hotline to accept calls from individuals with disabilities who require assistance or who believe that they have experienced discriminatory treatment. This hotline telephone number(s) will be prominently displayed near each ticket counter at stations operated by Greyhound employees. Greyhound agrees that the notice accompanying the telephone number(s) shall read:
Greyhound is committed to protecting the rights of persons with disabilities. If you need special assistance while traveling, please call the ADA Assist Line at [current hotline telephone number(s)]. If you would like to talk to someone about your needs or rights as a Greyhound passenger, please call us promptly at [headquarters ADA number].
b. If a complaint alleging discrimination on the basis of disability is received by Greyhound within 60 days of the alleged discrimination or if the complaint alleges physical injury resulting from treatment by any Greyhound employee, Greyhound agrees to fully investigate and attempt to amicably resolve the complaint. For any complaints received after 60 days from the alleged discrimination that do not allege physical injury by any Greyhound employee, Greyhound shall provide the passenger with a copy of brochure ADA-1, referred to in paragraph 10(a), herein.
c. Upon receipt of a complaint to be investigated under paragraph 8(b), Greyhound will attempt to communicate with the passenger and any appropriate Greyhound personnel. Greyhound shall also attempt to contact and attempt to receive statements from any witnesses identified by the complainant and any other witnesses it identifies who may have pertinent information. Greyhound will attempt to amicably resolve any issues or concerns of the complaint within 90 days of being notified of a complaint. If Greyhound is successful in resolving the complaint, Greyhound shall promptly provide a written verification of the resolution to the customer.
d. By filing a complaint with Greyhound, a customer shall not be considered to have waived his or her rights to pursue other claims under state or federal law. Greyhound may require such a waiver, however, as part of the resolution of a complaint, where the passenger is provided compensation (including refunds or ticket vouchers for future bus travel) for the alleged discrimination.
e. If Greyhound is not successful in resolving the complaint within 90 days of receipt of the complaint, Greyhound may close its investigation and, upon so doing, shall provide the passenger with a copy of brochure ADA-1, referred to in paragraph 10(a), herein. Greyhound agrees to provide copies of all documents (including all correspondence, interview notes, and notes of conversations with persons other than Greyhound employees) relating to such complaints to the Department upon 72 hours written notice. Greyhound may withhold any documents that are subject to attorney-client privilege or that constitute the work product of counsel.
f. Greyhound shall also maintain a "review log" of all complaints that it receives and that arise under title III of the ADA. The log will provide a short summary of the basis of each complaint, the resolution reached by the parties (if available), and the names and addresses of all complainants. Greyhound shall provide a copy of this "review log" (including an indication of the status of unresolved complaints) to the Department every six months after the effective date of this Agreement for a period of three years. Greyhound also agrees to provide an updated copy of this log to the Department upon 72 hours written notice.
9. Notice to Employees. Within 90 days after the effective date of this Agreement, Greyhound agrees to provide each of its drivers and customer service personnel a copy of the attached booklet (Greyhound form ADA-2) describing its policies and procedures relating to the ADA and advise all drivers and customer service personnel that violation of these policies and procedures may be grounds for discipline or termination. Greyhound further agrees to include this booklet as part of its next revised Driver Rule Book, to be published no later than July 2001, which will be distributed to all drivers. Greyhound shall provide this booklet (Greyhound form ADA-2) to all new drivers and customer service employees within one week of the beginning of their employment.
10. Notice to Passengers. Greyhound agrees to the following steps to ensure notice to its passengers of Greyhound's policies and procedures for compliance with the ADA.
a. At all stations operated by Greyhound employees, Greyhound agrees to continue to prominently display and make available for all passengers copies of the attached brochure (Greyhound form ADA-1). Greyhound shall also prominently display a poster that is substantively identical to this passenger brochure at all such facilities.
b. The parties agree that Greyhound has a toll-free number(s) (the "ADA Assist Line" or "hotline") where operators provide special travel assistance for passengers with disabilities. Greyhound agrees to maintain this telephone service.
c. Greyhound agrees to continue to train all of its telephone operators and telephone customer service representatives to refer all special travel requests by passengers with disabilities to the toll-free telephone number(s) identified in paragraph 10(b).
11. ADA Awareness and Training. Greyhound agrees to provide ADA information and training to its employees. Greyhound will develop these programs in consultation with and subject to review by its Advisory Committee, as provided in paragraph 12.
a. ADA Policy Awareness. Greyhound has distributed, and will continue to distribute as required by Section 9 of this Agreement, to its drivers and customer service personnel, the ADA-2 booklet, which sets forth generally Greyhound's ADA policies and procedures. This booklet sets forth the basic requirements of the ADA and instructs employees in areas such as travel assistance, service animals, handling passenger's assistive devices or mobility aids, boarding and alighting, the availability of travel assistance hotlines, and the courteous and respectful treatment of people with disabilities.
b. Specialized ADA Training. Furthermore, Greyhound states that it has already provided formal specialized ADA training for over 1,500 customer service employees and approximately 3,000 driver trainees and existing drivers. In addition, Greyhound has also provided informal training to numerous other drivers and customer service employees. Depending on the employee's job function, and the dates the training was provided, this specialized training included sensitivity training and/or training in the use of equipment for assisting passengers with mobility impairments. Greyhound agrees to continue providing specialized training to all new driver trainees and to other employees in compliance with 49 C.F.R. § 37.173.
c. Training Development. The parties recognize that Greyhound's employee training programs continue to evolve. Greyhound expects to finalize and implement its next revised employee ADA training program prior to March 31, 2000. Such revised training programs shall be designed to comply with 49 C.F.R. § 37.209, when such regulations become applicable to Greyhound, and with 49 C.F.R. § 37.173 and shall include, as appropriate to the duties of particular employees, the proper operation and maintenance of accessibility features and equipment, boarding assistance, securement of mobility aids, sensitive and appropriate interaction with passengers with disabilities, and handling and storage of mobility devices.
d. Review by the Department. Greyhound shall provide copies of any then-current training materials to the Department upon 72 hours notice or whenever a substantial revision to its existing employee ADA training materials has been developed. Greyhound shall provide the Department with copies of its next revised employee ADA training materials after the Advisory Committee has reviewed the program and prior to its finalization and implementation. The Department shall be provided one week to review and to provide comments on this new program.
12. Advisory Committee. Greyhound states that it has established an Advisory Committee comprising recognized representatives from organizations advocating the rights of persons with disabilities or specializing in the travel needs of persons with disabilities. Greyhound states that the purpose of the Advisory Committee is to provide guidance for Greyhound in developing and refining training materials for employees, informational materials for passengers, and policies for providing services for persons with disabilities and to review said materials, policies, and training. Greyhound shall convene a meeting of the Advisory Committee prior to September 30, 1999, with respect to a proposed pilot training program. Greyhound shall provide copies of the proposed pilot training program to the Advisory Committee prior to this meeting. Greyhound shall provide the Advisory Committee further opportunities to review the proposed training program prior to the finalization and implementation of the next revised employee ADA training program prior to March 31, 2000, as set forth in paragraph 11(c).
13. Actions Prior to Effective Date of Existing Regulations. On September 9, 1998, Greyhound announced it would implement voluntarily at a future date a program called "Access Greyhound." The Department agrees that this program, if successfully implemented, reduces the need to manually carry a passenger with a disability, as is allowed by 49 C.F.R. § 37.169. That regulation, which took effect on October 7, 1991, sets forth interim requirements for over-the-road bus service provided by private entities. That regulation does not require Greyhound to purchase or provide lift-equipped buses or other assistive devices. Greyhound is not obligated under the ADA to purchase or provide such equipment until Subpart H of Part 37 of title 49 of the Code of Federal Regulations becomes effective. The Department is aware and recognizes that Greyhound is working toward full implementation of Access Greyhound, but that a reasonable time period must be allowed for the transition and phase-in of the program. Greyhound agrees to implement its Access Greyhound program as specifically described, detailed, and/or modified as set forth below, and to provide boarding and deboarding assistance and devices in the interim as set forth below.
a. The parties recognize that, until March 31, 2000, during the phase-in of Access Greyhound, Greyhound will not be able to provide an accessible bus and/or appropriately trained personnel to all locations it serves with at least 48-hour notice if providing such service is inconsistent with its phase-in of Access Greyhound; nevertheless, Greyhound shall make reasonable efforts to provide an accessible bus with appropriately trained personnel from and to any location where it provides transportation services on at least 48 hours notice by a passenger with a disability to the telephone hotline number(s) identified in paragraph 10(b) of this Agreement, through March 31, 2000. Whether Greyhound has made such reasonable efforts in a particular circumstance will be evaluated in light of its transition and phase-in to full implementation of Access Greyhound.
b. Except where an accessible bus is provided in paragraph 13(a), beginning on the effective date of this Agreement through March 31, 2000, Greyhound, upon passenger request to Greyhound at the telephone hotline number(s) identified in paragraph 10(b), shall advise passengers of scheduled departures where lift-equipped buses are regularly operated and/or of locations where mechanical assistive devices for boarding passengers with disabilities can be deployed or made available. Such mechanical assistive devices include (i) station-based lifts used with Aisle-Master boarding chairs and (ii) ScalaMobiles (boarding chairs with special stair-climbing abilities). In such cases where the passenger provides at least 48 hours notice of an intention to board a scheduled departure with a lift-equipped bus or to board at a location where assistive devices are deployed or available, Greyhound shall, except in excusable circumstances as defined in paragraph 13(e), provide either an accessible bus at the scheduled time or appropriate assistive devices for boarding passengers with disabilities at a time identified by Greyhound. Where a lift-equipped bus is provided, Greyhound agrees to board and deboard that passenger at each designated rest and meal stop during that trip on the passenger's request. Greyhound agrees to provide appropriately trained personnel to provide this assistance. If Greyhound is unable to provide an accessible bus or other assistive device in accordance with this paragraph, it shall nonetheless provide boarding assistance, including manual lifting, in compliance with, and to the extent required by, 49 C.F.R. §§ 37.169(b) and (f).
c. Beginning no later than April 1, 2000, Greyhound shall, except in excusable circumstances as defined in paragraph 13(e), provide an accessible bus to any location where it provides transportation services, on at least 48 hours notice by a passenger with a disability to the telephone hotline number(s) identified in paragraph 10(b) of this Agreement. Greyhound agrees to have appropriately trained personnel available to operate the lift-equipped bus. Where a lift-equipped bus is provided, Greyhound agrees to board and deboard that passenger at each designated rest stop and meal stop during that trip on that passenger's request. If Greyhound is unable to provide an accessible bus, it shall nonetheless provide boarding assistance, including manual lifting, in compliance with, and to the extent required by, 49 C.F.R. §§ 37.169(b) and (f).
d. Where less than 48 hours notice is provided, Greyhound agrees to make a reasonable effort to provide accessible buses, appropriate assistive devices, or other boarding assistance (including manual lifting) for boarding passengers with disabilities at any location where it provides transportation services.
e. "Excusable circumstances" are those circumstances in which, despite its reasonable efforts, Greyhound is excused from compliance with specified provisions of paragraphs 13(b) and (c). These circumstances include, without limitation, the unforeseen failure, breakdown, or unavailability of the lift-equipped buses or assistive devices; the unforeseen absence or lack of sufficient trained Greyhound personnel; locations or environmental conditions where lift-equipped buses cannot reasonably operate; the inability to provide assistance due to unusual or excessive demand or without delaying its bus service; or the inability to provide such assistance at a reasonable cost.
f. Greyhound agrees to monitor and periodically test the effectiveness of the programs identified in paragraphs 13(a) through 13(d), inclusive. Greyhound shall report its findings to the Department every six months after the effective date of this Agreement. This report shall also identify the number of accessible buses purchased and in operation, the number of requests to the ADA Assist Line by persons with mobility impairments for lift-equipped bus service or other boarding assistance, and the action taken on those requests.
g. The provisions of paragraph 13 shall remain in effect until 49 C.F.R. § 37.193 becomes applicable to Greyhound.
14. Employees Engaging in Discriminatory Conduct. Greyhound agrees to discipline (including, where appropriate, terminate) or reprimand, all employees who engage in conduct that denies customers or passengers their rights under the ADA. The parties recognize that Greyhound may be limited in its ability to discipline or terminate employees due to collective bargaining agreements.
15. Further Investigation or Litigation. In consideration of the terms of this Agreement as set forth above, the Department agrees to the following terms.
a. The Department agrees to refrain from initiating any investigation, from undertaking or continuing further investigation, and from filing or intervening in any civil suit under the ADA with respect to any complaints received by the Department on or before September 24, 1999, including but not limited to, any of the complaints described above in paragraphs 1(a) through 1(p), inclusive.
b. The Department agrees to refrain from filing or intervening in any civil suit under the ADA with respect to any matter concerning facts, events, or occurrences that exist prior to the expiration of this Agreement and that also are within the scope of any of paragraphs 6 through 14, inclusive, of this Agreement. This subparagraph does not, however, limit the Department's ability and right to enforce Greyhound's obligations as set forth in this Agreement. Furthermore, in bringing an action for breach of this Agreement, the Department shall not waive the right to seek any relief authorized by title III of the ADA, including civil penalties and compensatory damages. If the Department believes that this Agreement or any requirement of the ADA has been violated by Greyhound, the Department agrees to provide Greyhound with written notice thereof and both parties agree to attempt in good faith to negotiate a resolution of the matter before seeking Court action. The Department shall allow 45 days from the date it provides notice to Greyhound to reach a satisfactory resolution before instituting an action in federal district court. The Department's agreement under subparagraph 15(a) and the first sentence of this subparagraph 15(b) shall survive the termination of this Agreement.
16. No Admission. Greyhound does not admit any violation of the Americans with Disabilities Act or any other law, and Greyhound denies any alleged violations of the ADA and/or any other law.
17. No Waiver. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any provision herein shall not be construed as a waiver of its right to do so as provided in paragraph 15, above, with regard to any deadline and provision of this Agreement.
18. Other Provisions of Law. This Agreement shall not relieve Greyhound of any legal obligations or duties created by federal or state law or regulation, specifically including any obligation to comply fully with Subpart H of part 37 of title 49 of the Code of Federal Regulations when such requirements become applicable to Greyhound. To the extent that any paragraph of this Agreement requires Greyhound to violate other federal laws or regulations, such paragraph will be severable from the remaining terms of this Agreement.
19. Termination. This Agreement shall terminate four (4) years after the effective date of this Agreement.
20. Public Nature. This document is a public record for purposes of the Freedom of Information Act. A copy of this Agreement or any information contained herein may be made available to any person upon request to either party.
21. Effective Date. The effective date of this Agreement shall be September 24, 1999.
22. Binding Nature. This Agreement shall be binding on the U.S. Department of Justice, the United States of America, Greyhound and any assignees or successors in interest to Greyhound.
23. Integration. This Agreement constitutes the entire Agreement between the parties on the matters raised herein, and no other prior or contemporaneous statement, promise, or Agreement concerning the matters raised herein, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable.
For the United States:
Bill Lann Lee
Civil Rights Division
John L. Wodatch, Chief
L. Irene Bowen, Deputy Chief
Ken S. Nakata, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
For Greyhound Lines, Inc.:
Greyhound Lines, Inc.
Department of Justice Press Releases
February 4, 2009