SETTLEMENT AGREEMENT

UNDER THE AMERICANS WITH DISABILITIES ACT

BETWEEN

THE UNITED STATES OF AMERICA

AND

PARCO, LTD.


 

    I. Background

  1. This matter was initiated by a complaint filed with the United States Department of Justice ("United States") and investigated by the United States Attorney's Office in the Northern District of Iowa, against Parco, Ltd., ("Parco") the franchisee of six Wendy's Old Fashioned Hamburgers Restaurants ("Wendy's") located in Cedar Rapids, Iowa. The complaint, DJ No. 202-27-22, which was filed by Peer Action Disability Support (PADS), alleged that a Wendy's restaurant in Cedar Rapids, Iowa contained architectural barriers to access to individuals with disabilities in violation of the Americans with Disabilities Act of 1990 ("ADA") or ("the Act"), 42 U.S.C. § 12181 et seq., and its implementing regulation, 28 C.F.R. pt. 36. Under the authority granted by section 308 of the ADA, the United States investigated the allegations of the complaint and expanded its investigation to include additional Wendy's restaurants operated by Parco, Ltd. 42 U.S.C. § 12188(b); 28 C.F.R. § 36.502.
  2. The parties to this Settlement Agreement (the "Agreement") are the United States and Parco.
  3. Parco is an Iowa corporation that is licensed and authorized to do business in the state of Iowa. Parco Ltd. is located at 998 Freemont Avenue, Dubuque, Iowa 52003. Parco, Ltd. is the franchisee of six Wendy's restaurants that are the subject of this Agreement, all of which are located in Cedar Rapids, Iowa.
  4. The United States' investigation consisted, among other things, of a series of site visits on June 21, 2007, to the Wendy's restaurants listed in (a) and (b) below. During the site visits, the designated accessible parking spaces, exterior routes, entrances, customer service queues, counters, dining areas and public toilet rooms at each restaurant were surveyed.

    (a) The following restaurant locations are existing facilities under the ADA, constructed prior to January 26, 1992 (and not altered under the Act): (1) 1854 - 42nd Street N.E.; (2) 362 - 33rd Avenue S.W.; and (3) 1316 1st Avenue N.E. These restaurants are subject to the barrier removal requirements of the ADA and shall comply with 42 U.S.C. § 12182(b)(2)(a)(iv) and (v); 28 C.F.R. § 36.304.

    (b) The following restaurant locations are newly constructed facilities under the ADA, that is facilities designed and constructed for first occupancy after January 26, 1993, and as such shall comply with 42 U.S.C. § 12183(a)(1) and 28 C.F.R. § 36.401 of the ADA, including the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, App. A ("The Standards"): (1) 3925 Blairs Ferry Road N.E.; (2) 190 Collins Road N.E.; and (3) 2735 Edgewood Road S.W.

  5. The United States found 96 barriers to accessibility in the restaurants that were surveyed, and set forth its findings in a letter dated May 15, 2008, addressed to the legal counsel for Parco.
  6. II. Jurisdiction

  7. Parco is a public accommodation within the meaning of the ADA because it owns and operates places of public accommodation, facilities whose operations affect commerce and which fall within one of the categories listed in the statute and regulations, a restaurant or establishment serving food or drink. 42. U.S.C. §12182(a); 28 C.F.R. § 36.104(2).
  8. Title III of the ADA requires public accommodations to (a) remove architectural barriers to access for individuals with disabilities in places of public accommodation where such removal is readily achievable, 42 U.S.C. § 12182 (b)(2)(a)(iv) and (v), 28 C.F.R. § 36.304 and (b) ensure that newly constructed facilities are designed and constructed so as to be readily accessible to and usable by individuals with disabilities, 42 U.S.C. § 12183, 28 C.F.R. § 36.401.
  9. In order to resolve their differences without the burden, expense and delay of litigation, the parties have engaged in good faith negotiations and agreed to resolve this matter as indicated below.
  10. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation regarding DJ 202-27-22, or filing a civil suit in this matter, except as provided in paragraph14, below.
  11. III. Remedial Actions

  12. Parco agrees to remedy all of the following barriers to access by bringing them into compliance with the Standards, except where other remedies are specifically provided, no later than September 30, 2009:
  13. A. The Wendy's restaurant located at 1854- 42nd Street, N.E.

    (1) Parking

    1. The slope of the two designated van accessible parking spaces and access aisles exceeds 1:50 as noted in the following table. Accessible parking spaces and access aisles are required to be level with surface slopes not exceeding 1:50 in all directions. See the Standards §§ 4.1.2(5)(a) and (b) and 4.6.3.
    2. Location Access Aisle Left Space Access Aisle Right Space
      Head 1:18.5 1:20 1:20.5 1:25
      Middle 1:16.3 1:16.9   1:35.7
      Rear 1:17.5 1:18.5 1:22.7 1:23.3

    3. One sign identifying the two designated accessible spaces is provided. Each space is required to be designated as reserved by a sign showing the symbol of accessibility. See the Standards §§ 4.1.2(5)(a) & (b) and 4.6.4.

    (2) Exterior Route

    1. The cross slope of the asphalt walkway from the designated accessible parking to the entrance varies between 1:9 and 1:45. A cross slope no greater than 1:50 is required for an accessible route. See the Standards §§ 4.1.2(1) and 4.3.7.

    (3) Entrance

    1. The maneuvering clearance on the latch side of the interior vestibule door is 14½ inches. A minimum of 18 inches is required on the latch side of the door for a forward pull approach. See the Standards §§ 4.1.3(8), 4.1.3(7)(a), 4.13.6 and Figure 25(a).
    2. The space between the in-swinging vestibule door and the exterior door is 25 inches. A vestibule with doors in a series is required to be a minimum of 48 inches plus the width of the in-swinging door. See the Standards §§ 4.1.3(8), 4.1.3(7)(a), 4.13.7 and Figure 26.

    (4) Interior Route

    1. The customer queue is 24 - 25 inches wide. The customer queue is required to be a minimum of 42 inches wide when the queue makes a turn around an obstruction that is less than 48 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 7(a) & (b).
    2. The customer queue is 35½ inches wide at the base of the u-turn. The u-turn is required to be a minimum of 48 inches wide when the queue makes a turn around an obstruction that is less than 48 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 7(a) & (b).

    (5) Counters

    1. The cash register counter is 38 inches above the finish floor. A portion of the main counter, which is a minimum of 36 inches long and a maximum of 36 inches high, is required. See the Standards § 7.2(1).

    (6) Men's Single User Toilet Room

    1. The toilet room sign is mounted 58 inches above the finish floor to the centerline of the sign. A sign mounted on the wall on the latch side of the door at exactly 60 inches above the finish floor to the centerline is required. See the Standards §§ 4.1.3(16)(a) and 4.30.6.
    2. The maneuvering clearance between the door and the corridor wall is 40 inches. A minimum of 42 inches is required perpendicular to the door for a hinge side push approach. See the Standards §§ 4.1.3(7)(b), 4.13.6 and Figure 25(b). To accomplish readily achievable barrier removal, Parco will install an automatic door opener.
    3. The door has a twist privacy lock. A lock which does not require tight grasping, tight pinching or twisting of the wrist to operate is required. See the Standards §§ 4.1.3(7)(b) and 4.13.9.
    4. The door swings into the 48-inch deep clear floor space required at the lavatory. See the Standards §§ 4.1.3(11), 4.22.2, 4.22.6 and 4.19.3. To accomplish readily achievable barrier removal, Parco will either relocate the lavatory toward the toilet maintaining the required clear floor space for the toilet or swing the toilet door out into the corridor.
    5. The paper towel dispenser is higher than 27 inches above the finish floor to the leading edge and projects 6 inches from the wall. The paper towel dispenser shall have a maximum projection of 4 inches or a cane detectable barrier shall be provided underneath the dispenser. See the Standards §§ 4.1.3(2) and 4.4.1.
    6. The toilet clear floor space is 31 inches wide to the edge of the urinal. Toilet clear floor space is required to be a minimum of 48 inches wide. See the Standards §§ 4.1.3(11), 4.22.4, 4.16.2 and Figure 28.
    7. The toilet centerline is 14½ inches from the side wall. The toilet centerline is required to be exactly 18 inches from the side wall. See the Standards §§ 4.1.3(11), 4.22.4, 4.16.2 and Figure 28.
    8. The rear toilet grab bar is 24 inches long. A 36-inch long rear grab bar is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.16.4 and Figure 29(a).
    9. The side toilet grab bar is 36 inches long and the far end of the bar is mounted 39 inches from the rear wall. A 42-inch long side grab bar is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.16.4 and Figure 29(b).
    10. The urinal rim is 18 inches above the finish floor. The urinal rim is required to be a maximum of 17 inches above the finish floor. See the Standards §§ 4.1.3(11), 4.22.5 and 4.18.2.
    11. The lavatory apron is 27½ inches above the finish floor. Clearance a minimum of 29 inches above the finish floor to the bottom of the apron is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.
    12. The knee clearance underneath the lavatory is 24 inches above the finish floor. Knee clearance a minimum of 27 inches above the finish floor is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.

    (7) Women's Single User Toilet Room

    1. The toilet room sign is mounted 58 inches above the finish floor to the centerline of the sign. A sign mounted on the wall on the latch side of the door at exactly 60 inches above the finish floor to the centerline is required. See the Standards §§ 4.1.3(16)(a) and 4.30.6.
    2. The maneuvering clearance between the door and the corridor wall is 40 inches. A minimum of 42 inches is required perpendicular to the door for a latch side push approach. See the Standards §§ 4.1.3(7)(b), 4.13.6 and Figure 25(c).
    3. The door has a twist privacy lock. A lock that does not require tight grasping, tight pinching or twisting of the wrist to operate is required. See the Standards §§ 4.1.3(7)(b) and 4.13.9.
    4. The door swings into the 48-inch deep clear floor space required at the lavatory. See the Standards §§ 4.1.3(11), 4.22.2, 4.22.6 and 4.19.3. To accomplish readily achievable barrier removal, Parco will install a door so that it will swing out into the corridor.
    5. The toilet room does not have a 60-inch diameter turning space or a t-shaped space. See the Standards §§ 4.1.3(11), 4.22.3, 4.2.3 and Figure 3.
    6. The paper towel dispenser is mounted higher than 27 inches above the finish floor to the leading edge and projects 6 inches from the wall. The paper towel dispenser shall have a maximum projection of 4 inches or a cane detectable barrier shall be provided underneath the dispenser. See the Standards §§ 4.1.3(2) and 4.4.1.
    7. The rear toilet grab bar is 24 inches long. A 36-inch long rear grab bar is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.16.4 and Figure 29(a).
    8. The side toilet grab bar is 36 inches long. A 42-inch long side grab bar is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.16.4 and Figure 29(b).
    9. The lavatory apron is less than 29 inches above the finish floor. Clearance a minimum of 29 inches above the finish floor to the bottom of the apron is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.
    10. The knee clearance underneath the lavatory is less than 27 inches above the finish floor. Knee clearance a minimum of 27 inches above the finish floor is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.

    B. The Wendy's restaurant located at 362 - 33rd Avenue, S.W.

    (1) Parking

    1. The parking lot contains 54 parking spaces. Two designated accessible parking spaces are provided. Three accessible parking spaces, including one van accessible parking space, with a 96-inch wide access aisle, are required. See the Standards §§ 4.1.2(5)(a) & (b) and 4.6.1.

    (2) Exterior Route

    1. The curb ramp is located where it can be obstructed by a parked vehicle. See the Standards §§ 4.1.3(1), 4.3.8, 4.5.2 and 4.7.8.

    (3) Entrance

    1. The maneuvering clearance on the latch side of the interior vestibule door is 14½ inches. A minimum of 18 inches is required on the latch side of the door for a forward pull approach. See the Standards §§ 4.1.3(8), 4.1.3(7)(a), 4.13.6 and Figure 25(a).

    (4) Interior Route

    1. The customer queue is 24 - 25 inches wide. The customer queue is required to be a minimum of 42 inches wide when the queue makes a u-turn around an obstruction that is less than 48 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 7(a) & (b).
    2. The customer queue is 44 inches wide at the base of the u-turn. The u-turn is required to be a minimum of 48 inches wide when the queue makes a turn around an obstruction that is less than 48 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 7(a) & (b).

    (5) Counter and Storage

    1. The cash register counter is 38½ inches above the finish floor. A portion of the main counter that is a minimum of 36 inches long and a maximum of 36 inches high is required. See the Standards § 7.2(1).
    2. The utensil and condiment dispensing shelf is located 52 inches above the finish floor and requires a side reach over an obstruction. A self-service shelf located no higher than 46 inches above the finish floor is required when there is a side reach over an obstruction that is deeper than 10 inches. See the Standards §§ 5.6, 4.2.6 and Figures 6 and 54.
    3. The newspaper holder is located 56 inches above the finish floor. A newspaper holder that is mounted no higher than 54 inches above the finish floor for a side reach is required. See the Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.6 and Figure 6.

    (6) Men's Multi-user Toilet Room

    1. The toilet room sign is mounted 51½ inches above the finish floor to the centerline of the sign. A sign mounted on the wall on the latch side of the door at exactly 60 inches above the finish floor to the centerline is required. See the Standards §§ 4.1.3(16)(a) and 4.30.6.
    2. The maneuvering clearance between the door and the corridor wall is less than 48 inches. A minimum of 48 inches is required perpendicular to the door for a hinge side push approach when the door has both a closer and a latch. See the Standards §§ 4.1.3(7)(b), 4.13.6 and Figure 25(b).
    3. The door swings into the 48-inch deep clear floor space required at the lavatory. See the Standards §§ 4.1.3(11), 4.22.2, 4.22.6 and 4.19.3.
    4. The electric hand dryer is mounted 44 inches above the finish floor to the leading edge and projects 8 inches from the wall. The electric hand dryer shall have a maximum projection of 4 inches or a cane detectable barrier shall be provided underneath the dryer. See the Standards §§ 4.1.3(2) and 4.4.1.
    5. The designated accessible toilet stall is 42 inches wide. A 60-inch wide accessible toilet stall is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Figure 30(a).
    6. The urinal rim is 21 inches above the finish floor. A urinal with a rim that is a maximum of 17 inches above the finish floor is required. See the Standards §§ 4.1.3(11), 4.22.5 and 4.18.2.
    7. The urinal flush control is 51 inches above the finish floor. A urinal with a flush control that is a maximum of 44 inches above the finish floor is required. See the Standards §§ 4.1.3(11), 4.22.5 and 4.18.4.
    8. The lavatory apron is 27½ inches above the finish floor. Clearance a minimum of 29 inches above the finish floor to the bottom of the apron is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.
    9. The knee clearance underneath the lavatory is 24 inches above the finish floor. Knee clearance a minimum of 27 inches above the finish floor is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.

    (7) Women's Multi-user Toilet Room

    1. The toilet room sign is mounted 51½ inches above the finish floor to the centerline of the sign. A sign mounted on the wall on the latch side of the door at exactly 60 inches above the finish floor to the centerline is required. See the Standards §§ 4.1.3(16)(a) and 4.30.6.
    2. No maneuvering clearance is provided on the latch side of the door. A minimum of 18 inches is required on the latch side of the door for a forward pull approach. See the Standards §§ 4.1.3(7)(b), 4.13.6 and Figure 25(a).
    3. The force required to open the toilet room door is 10 pound force ("lbf."). The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(7)(b) and 4.13.11(2)(b).
    4. The electric hand dryer is mounted higher than 27 inches above the finish floor to the leading edge and projects 8 inches from the wall. The electric hand dryer shall have a maximum projection of 4 inches or a cane detectable barrier shall be provided underneath the dryer. See the Standards §§ 4.1.3(2) and 4.4.1.
    5. The designated accessible toilet stall is 42 inches wide. A 60-inch wide accessible toilet stall is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Figure 30(a).
    6. The lavatory apron is 24½ inches above the finish floor. Clearance a minimum of 29 inches above the finish floor to the bottom of the apron is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.
    7. The knee clearance underneath the lavatory is 24 inches above the finish floor. Knee clearance a minimum of 27 inches above the finish floor is required. See the Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.

    C. The Wendy's restaurant located at 1316 1st Avenue, N.E.

    (1) Parking

    1. An additional sign identifying the designated van accessible parking space as "van accessible" mounted below the symbol of accessibility is not provided. See the Standards §§ 4.1.2(5)(b) and 4.6.4.

    (2) Entrance

    1. The change in level at the entrance door is 1 inch. The maximum allowable change in level is ½inch with a 1:2 bevel. See the Standards §§ 4.1.2(1), 4.1.3(8), 4.3.8 and 4.5.2.
    2. The maneuvering clearance on the latch side of the exterior door is 12 inches. A minimum of 18 inches is required on the latch side of the door for a forward pull approach. See the Standards §§ 4.1.3(8), 4.1.3(7)(a), 4.13.6 and Figure 25(a).
    3. The space between the in-swinging vestibule door and the exterior door is 18 inches. A vestibule with doors in a series is required to be a minimum of 48 inches plus the width of the in-swinging door. See the Standards §§ 4.1.3(8), 4.1.3(7)(a), 4.13.7 and Figure 26.
    4. The force required to open the interior vestibule door is 20 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(8), 4.1.3(7)(a) and 4.13.11(2)(b).

    (3) Interior Route

    1. The customer queue is 36-37 inches wide. The customer queue is required to be a minimum of 42 inches wide when the queue makes a u-turn around an obstruction that is less than 48 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 7(a) & (b).

    (4) Counter

    1. The cash register counter is 38 inches above the finish floor. A portion of the main counter that is a minimum of 36 inches long and a maximum of 36 inches high is required. See the Standards § 7.2(1).

    (5) Men's Multi-user Toilet Room

    1. The toilet room sign is mounted 54½ inches above the finish floor to the centerline of the sign. A sign mounted on the wall on the latch side of the door at exactly 60 inches above the finish floor to the centerline is required. See the Standards §§ 4.1.3(16)(a) and 4.30.6.
    2. No maneuvering clearance is provided on the latch side of the door. A minimum of 18 inches is required on the latch side of the door for a forward pull approach. See the Standards §§ 4.1.3(7)(b), 4.13.6 and Figure 25(a).
    3. The force required to open the toilet room door is 15 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(7)(b) and 4.13.11(2)(b).
    4. The paper towel dispenser is mounted 43 inches above the finish floor to the leading edge and projects 6 inches from the wall. The paper towel dispenser shall have a maximum projection of 4 inches or a cane detectable barrier shall be provided underneath the dispenser. See the Standards §§ 4.1.3(2) and 4.4.1.
    5. The designated accessible toilet stall is 43 inches wide. A 60-inch wide accessible toilet stall is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Figure 30(a).

    (6) Women's Multi-user Toilet Room

    1. The toilet room sign is mounted 54½ inches above the finish floor to the centerline of the sign. A sign mounted on the wall on the latch side of the door at exactly 60 inches above the finish floor to the centerline is required. See the Standards §§ 4.1.3(16)(a) and 4.30.6.
    2. The maneuvering clearance between the door and the corridor wall is less than 48 inches. A minimum of 42 inches is required perpendicular to the door for a latch side push approach when the door has a closer. See the Standards §§ 4.1.3(7)(b), 4.13.6 and Figure 25(c). To accomplish readily achievable barrier removal, Parco will install an automatic door opener.
    3. The designated accessible toilet stall is 42 inches wide. A 60-inch wide accessible toilet stall is required. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Figure 30(a).
    4. The toilet stall coat hook is 66 inches above the finish floor. A coat hook that is a maximum of 54 inches above the finish floor for a side reach is required. See the Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.6 and Figure 6.

    D. The Wendy's restaurant located at 3925 Blairs Ferry Road N.E.

    (1) Entrance

    1. The force required to open the interior vestibule door is 20 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(8), 4.1.3(7)(a) and 4.13.11(2)(b).

    (2) Men's Multi-user Toilet Room

    1. The electric hand dryer is mounted higher than 27 inches above the finish floor to the leading edge and projects 7 inches from the wall. The electric hand dryer shall have a maximum projection of 4 inches or a cane detectable barrier shall be provided underneath the dryer. See the Standards §§ 4.1.3(2) and 4.4.1.
    2. The toilet flush control is not located on the wide side of the toilet area. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.2 and 4.16.5.
    3. The toilet stall coat hook is 65 inches above the finish floor. A coat hook that is a maximum of 54 inches above the finish floor for a side reach is required. See the Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.6 and Figure 6.

    (3) Women's Multi-user Toilet Room

    1. The electric hand dryer is mounted 39 inches above the finish floor to the leading edge and projects 7 inches from the wall. The electric hand dryer shall have a maximum projection of 4 inches or a cane detectable barrier shall be provided underneath the dryer. See the Standards §§ 4.1.3(2) and 4.4.1.
    2. The toilet centerline is 19 inches from the side wall. The toilet centerline is required to be exactly 18 inches from the side wall. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.2 and Figure 28.
    3. The toilet flush control is not located on the wide side of the toilet. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.2 and 4.16.5.
    4. The toilet stall coat hook is 67 inches above the finish floor. A coat hook that is a maximum of 54 inches above the finish floor for a side reach is required. See the Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.6 and Figure 6.

    E. The Wendy's restaurant located at 190 Collins Road N.E.

    (1) Parking

    1. An additional sign identifying the designated van accessible parking space as "van accessible" mounted below the symbol of accessibility is not provided. See the Standards §§ 4.1.2(5)(a) & (b) and 4.6.4.
    2. The signage designating the accessible parking spaces is not located high enough so that it will not be obscured by a vehicle parked in the space. See the Standards §§ 4.1.2(5)(a) & (b) and 4.6.4.

    (2) Entrance

    1. The force required to open the interior vestibule door is 18 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(8), 4.1.3(7)(a) and 4.13.11(2)(b).

    (3) Interior Route

    1. The customer queue entrance and exit are 31 inches wide. The queue entrance and exit are required to be a minimum of 32 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 8(e).
    2. The customer queue is 25½-28 inches wide. The customer queue is required to be a minimum of 42 inches wide when the queue makes a turn around an obstruction that is less than 48 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 7(a) & (b).
    3. The customer queue is 36-48 inches wide at base of the u-turn. The u-turn is required to be a minimum of 48 inches wide when the queue makes a turn around an obstruction that is less than 48 inches wide. See the Standards §§ 4.1.3(1), 4.3.3 and Figure 7(a) & (b).

    (4) Men's Multi-user Toilet Room

    1. Signage identifying the toilet room with raised characters and Braille mounted on the wall adjacent to the latch side of the door at exactly 60 inches above the finish floor to the centerline is not provided. See the Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.
    2. The force required to open the toilet room door is 15 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(7)(b) and 4.13.11(2)(b).
    3. A toilet paper dispenser mounted underneath the side grab bar is not provided. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Figure 30(d).

    (5) Women's Multi-user Toilet Room

    1. Signage identifying the toilet room with raised characters and Braille mounted on the wall adjacent to the latch side of the door at exactly 60 inches above the finish floor to the centerline is not provided. See the Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5 and 4.30.6.
    2. The force required to open the toilet room door is 15 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(7)(b) and 4.13.11(2)(b).
    3. A toilet paper dispenser mounted underneath the side grab bar is not provided. See the Standards §§ 4.1.3(11), 4.22.4, 4.17.3 and Figure 30(d).

    F. The Wendy's restaurant located at 2735 Edgewood Road S.W.

    (1) Entrance

    1. The force required to open the interior vestibule door is 17 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(8), 4.1.3(7)(a) and 4.13.11(2)(b).

    (2) Men's Multi-user Toilet Room

    1. The force required to open the toilet room door is 13 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(7)(b) and 4.13.11(2)(b).
    2. The toilet stall coat hook is 59½ inches above the finish floor. A coat hook that is a maximum of 54 inches above the finish floor for a side reach is required. See the Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.6 and Figure 6.

    (3) Women's Multi-user Toilet Room

    1. The force required to open the toilet room door is 12 lbf. The maximum allowable force for opening an interior door is 5 lbf. See the Standards §§ 4.1.3(7)(b) and 4.13.11(2)(b).
    2. The toilet stall coat hook is 60 inches above the finish floor. A coat hook that is a maximum of 54 inches above the finish floor for a side reach is required. See the Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.6 and Figure 6.

    IV. Implementation and Enforcement of Settlement Agreement

  14. Within thirty (30) days of the effective date of this Agreement, Parco shall pay $7,000.00, to the complainant, Peer Action Disability Support of Cedar Rapids. These payments shall be made by check payable to the complainant and mailed to Mr. Robert Cihla, Chairperson, Peer Action Disability Support of Cedar Rapids, 3628 Racoon Ridge Rd., S.W., Cedar Rapids, IA 52404, with a copy to Stephanie Wright, Assistant United States Attorney, United States Attorney's Office, 401 First Street, S.E., Cedar Rapids, IA 52401¬-1825, and shall be deemed to be a full and complete settlement of all claims of P.A.D.S. against Parco for the ADA violations investigated by the United States pursuant to DJ 202-27-22.
  15. Within thirty (30) days of the effective date of this Agreement, Parco shall pay to the United States a civil penalty in the amount of $4,000.00, to vindicate the public interest. Said payment shall be mailed or hand-delivered to Stephanie Wright, Assistant United States Attorney, United States Attorney's Office, 401 First Street, S.E., Cedar Rapids, IA 52401-1825.
  16. Within thirty (30) days of the deadline indicated in Section III paragraph 10 A. through F., Parco, shall notify the United States in writing of its completion of all remedial actions required therein, and shall provide a report and supporting evidence of its compliance with the terms of paragraph 10.
  17. The United States may review compliance with this Agreement at any time and may enforce this Agreement if the United States believes that it or any requirement thereof has been violated. If the United States believes that Parco has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for modification of the relevant terms, the United States will so notify Parco in writing, and will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to Parco, it may institute a civil action in federal court to enforce the terms of this Agreement or title III, and may, in such action, seek any relief available under the law.
  18. Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement. Further, if any term 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.
  19. Except as otherwise specifically indicated therein, any remediation as required by Section III., paragraphs 10. A. through F., of this Agreement that does not comply with the Standards will constitute a violation of this Agreement.
  20. All provisions of this Agreement shall be binding on Parco and its successors in interest in ownership or operation of Wendy's franchises or any other type of entity, and Parco has a duty to so notify all such successors in interest.
  21. This Agreement is limited to the facts set forth in it. The Agreement does not purport to remedy any other potential violations of the ADA or any other federal law, nor is it intended to certify that no other such violations exist. Compliance with this Agreement does not necessarily render Wendy's to be in full compliance with the ADA. This Agreement is not intended to certify or signify such compliance, or a Department finding of compliance, and it cannot be used in any proceeding to signify such.
  22. This Agreement and any attachments hereto constitute 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, shall be enforceable.
  23. The parties will provide a copy of this Agreement to any person on request. This document may be posted on the Department's website.
  24. The "Effective Date" of this Agreement is the date of the last signature below.
  25. A signer of this document in a representative capacity for a partnership, corporation, or other entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.
  26. Notices of any kind required or contemplated under this Agreement shall be made by mailing the same via U.S. Postal Service, first class certified mail, return receipt requested, and notice shall be deemed given on the date of receipt of the same. Notice to the Department shall be mailed to: United States Attorney's Office, 401 First Street S.E., Suite 400, Cedar Rapids, IA 52401-1825. Notices to Parco shall be mailed to: Mr. Brandon T. Quann, Esq., Dubuque Building, 700 Locust Street, Suite 200, P.O. Box 599, Dubuque, Iowa 52004-0599.
  27. Deadlines listed in this Agreement which fall on weekends or holidays will be extended to the next business day.
  28. This agreement shall remain in effect for three (3) years.

Agreed and Consented to:

For the United States:

 

For Parco, Ltd.
_____________________________ By:___________________________

 

Matt M. Dummermuth
United States Attorney
401 First Street SE, Suite 400
Cedar Rapids, IA 52401-1825
Phone: (319) 363-6333
Fax: (319) 363-1990

        8/20/09        
Date

 

Jeffrey P. Ruppell,
President, Parco, Ltd.
998 Freemont Avenue
Dubuque, Iowa 52003
Phone: (563)-557-1337
Fax: (563)- 557-1362

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October 6, 2009