SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
THE METROPOLITAN WASHINGTON AIRPORTS AUTHORITY
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-79-265
A. BACKGROUND AND PARTIES
- This matter was initiated by a complaint filed with the United States Department of Justice ("Department") against the Metropolitan Washington Airports Authority, Washington, D.C. (""MWAA"). The Complainant, who uses a wheelchair, alleged that she was unable to locate accessible parking at Ronald Reagan National Airport ("Airport") in March 2007 and, as a consequence, missed her flight and a high-level work meeting in North Carolina. The complaint was investigated by the Department. The Department determined that the MWAA denied persons with disabilities the benefits of its services, programs, or activities because its facilities were inaccessible, in violation of title II of the Americans with Disabilities Act ("ADA").
- The ADA applies to the MWAA because it is a public entity as defined in title II of the ADA. 42 U.S.C. § 12131, 28 C.F. R. § 35.104.
- The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in this matter, to determine the MWAA's compliance with title II and the Department's implementing title II regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to subpart F.
In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit under title III in this matter, except as provided in paragraph 13, below.
- The Complainant is a qualified individual with a disability covered by title II of the ADA, 42 U.S.C. § 12102(2); 28 C. F.R. § 35.104.
B. REMEDIAL ACTIONS TAKEN BY THE MWAA
- Immediately upon receiving notice of the Department's findings, the MWAA took the following actions:
- Established 15 additional accessible parking spaces in Garage B/C Daily, for a total of 50 spaces. § 18.104.22.168(a) of the ADA Standards for Accessible Design, 28 C. F. R. Part 36, Appendix A ("Standards"). The additional spaces are van-accessible, exceeding the minimum number of van-accessible spaces required under § 22.214.171.124(b) of the Standards, and are dispersed at shuttle bus pick-up locations.
- Established 16 additional accessible parking spaces in Economy Parking, for a total of 40 spaces. § 126.96.36.199(a) of the Standards. The additional spaces are van-accessible, exceeding the minimum number of van-accessible spaces required under § 188.8.131.52(b) of the Standards, and are dispersed at shuttle bus pick-up locations.
- Retained 11 accessible parking spaces at Garage B/C Hourly that exceed the minimum number required under § 184.108.40.206(a) of the Standards.
- Modified the MWAA website to include information on accessible parking. The website now provides a telephone number that may be called to inquire about available parking or to request assistance. Additionally, the MWAA makes clear on its website that, when a parking facility is full, a uniformed parking assistant posted outside the entrance of the full facility will assist patrons in locating the nearest available accessible parking space.
C. TERMS OF AGREEMENT
- The MWAA, by and through its officials, agents, and employees, will abide by all requirements of the ADA, and, specifically agrees that it will not deny persons with disabilities the benefits of its services, programs, or activities because its facilities are inaccessible.
- At least annually, the MWAA will provide training for its employees on the nondiscrimination requirements of the ADA, including specific training for employees and contractors in parking operations on the procedures for assisting patrons who need accessible parking.
- Within one year of the effective date of this Agreement, the MWAA will provide real-time information for the public on the availability of accessible parking spaces at the Airport. The information may be provided through its website, as information is currently provided there concerning the availability of regular parking, or by way of electronic signage en route into the Airport.
- The MWAA will continue to monitor the daily usage of accessible parking spaces by each location, Garage A, Garage B/C Daily, Garage B/C Hourly, Economy. It will retain reports on daily usage for the Department's inspection for the life of this Agreement.
- Within 180 days of the effective date of this Agreement, and annually after that each January for the duration of this Agreement, the MWAA will submit a report to the Department concerning its compliance with paragraphs 7-9 of this Agreement. The report shall be sent by fax or hand delivery to Allison Nichol at 202-307-1997 or to the following address: U.S. Department of Justice, Disability Rights Section, 1425 New York Avenue, NW, 4th floor, Washington D.C. 20005.
D. IMPLEMENTATION AND ENFORCEMENT
- The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this Agreement or any of its requirements has been violated,
it may institute a civil action in federal district court to enforce this Agreement or the requirements of title II, following written notice to the MWAA of possible violations and a period of 30 days in which the MWAA has the opportunity to cure the alleged violations.
- Failure by the Department of Justice to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
- A copy of this document or any information contained in it may be made available to any person by the MWAA or the Department on request.
- The effective date of this Agreement is the date of the last signature below.
- This Agreement constitutes the entire agreement between the parties on the matters raised here, 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. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the MWAA's continuing responsibility to comply with all aspects of the ADA.
- The Agreement will remain in effect for three years from the effective date of this Agreement.
- The person signing this document for the MWAA represents that he is authorized to bind the Metropolitan Washington Airports Authority to this Agreement.
|For the Metropolitan Washington Airports Authority:
J. PAUL MALANDRINO, JR.
Vice President and
|For the United States:
RENA J. COMISAC
Acting Assistant Attorney General
Civil Rights Division
JOHN L. WODATCH, Chief
PHILIP L. BREEN, Special Legal Counsel
ALLISON NICHOL, Deputy Chief
1 Aviation Circle
Washington, DC 20001
SUSAN BUCKINGHAM REILLY
Disability Rights Section
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
(202) 307-1197 (facsimile)
Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page
October 09, 2008