Voluntary Compliance Agreement between the United States of America and Moon Time

VOLUNTARY COMPLIANCE AGREEMENT
between
THE UNITED STATES OF AMERICA
and
MOON TIME
USAO No. 2016V00218
DJ No. 202-22-66

BACKGROUND

  1. The Parties to this Voluntary Compliance Agreement (“Agreement”) are the United States Attorney’s Office for the District of Idaho, acting on behalf of the United States of America (the “United States”) and Moon Time, located in Coeur d’Alene, Idaho (the “Restaurant”).  T.T.S. Inc. is the owner and operator of the Restaurant.  John Grollmus is the President of T.T.S. Inc.  The Restaurant is located at 1602 Sherman Avenue, Unit No. 116, in Coeur d’Alene, Idaho. 
  2. The Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181 et seq., provides, among other things, that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation,” 42 U.S.C. § 12182(a). 
  3. The term “public accommodation” under the ADA includes “a restaurant, bar, or other establishment serving food or drink[.]”  42 U.S.C. § 12181(7)(B).
  4. The ADA authorizes the United States Department of Justice to “undertake periodic reviews of compliance of covered entities[.]”  42 U.S.C. § 12188(b)(1)(A)(i).
  5. Pursuant to its authority under 42 U.S.C. § 12188(b)(1)(A)(i), the United States commenced a review of certain restaurants in Coeur d’Alene to determine, with respect to the specific areas reviewed, whether those restaurants and those areas surveyed were in compliance with title III of the ADA (the “Compliance Review”).  As part of the Compliance Review, the United States requested information regarding the Restaurant and conducted a limited site inspection of certain features, elements, and facilities within the Restaurant.
  6. The Restaurant is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7) because, among other things, they are “a restaurant, bar, or other establishment serving food or drink.”  42 U.S.C. § 12181(7)(B); see 28 C.F.R. § 36.104.  T.T.S. Inc. is a public accommodation subject to the ADA’s requirements because it owns and operates a place of public accommodation, the Restaurant.”  28 C.F.R. § 36.104.
  7. The United States and the Restaurant share the goal of resolving the Compliance Review and ensuring that the Restaurant increases its compliance with title III of the ADA.  The parties have decided to resolve this matter as set forth below.

REMEDIAL ACTION

  1. In consideration of, and consistent with, the terms of this Agreement as set forth below, the United States agrees to close its compliance review of the Restaurant, DJ No. 202-22-66, and to refrain from filing a civil suit in this matter, except as provided for in the “Implementation and Enforcement” section of this Agreement.  Remedies for violating this Agreement are set out below.
  2. Any remedial actions completed by the Restaurant in response to the Compliance Review, and all remedial actions made pursuant to this Agreement, and all alterations, additions, or modifications made after the effective date of this Agreement will comply in all respects with title III of the ADA, 42 U.S.C. §§ 12181-12189, its implementing regulation, 28 C.F.R. Part 36, and the 2010 ADA Standards for Accessible Design, consisting of the requirements contained in appendices B and D to 36 C.F.R. Part 1191 and the requirements contained in subpart D of 28 C.F.R. Part 36. 
  3. By the deadlines indicated on Attachments A through C, September 1, 2017, March 1, 2018, and September 1, 2018, the Restaurant will modify its facilities and/or remove barriers therein pursuant to this Agreement.  All remedies shall be completed by the date signified in each Attachment, unless otherwise agreed upon by the parties in writing.  The failure to complete work as described herein by the corresponding deadlines without a written modification to this Agreement shall be a breach of this Agreement as described in Paragraph 13.

IMPLEMENTATION AND ENFORCEMENT

  1. During each year of the agreement, on or before October 1, 2017, April 1, 2018, and October 1, 2018, the Restaurant will submit written reports to the United States.  The Restaurant will certify that the Restaurant has completed all of its obligations as described in Attachments A through C under this Agreement up to that date.  The reports will also describe the steps taken to fulfill those obligations and shall be accompanied by photographs depicting the completed work.
  2. Throughout the term of this Agreement, the Restaurant will “maintain in operable working condition those features and equipment that are required to be readily accessible to and usable by persons with disabilities.” 28 C.F.R. § 36.211.  If at any time the Restaurant desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the United States in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification.  The Restaurant must obtain the United States’ written agreement to the proposed modification.  The United States may review compliance with this Agreement at any time.
  3. If the United States believes that any portion of this Agreement has been violated, it will so notify the Restaurant in writing and will attempt in good faith to resolve the issue or issues.  If the United States cannot resolve the issue or issues raised within 30 days of the date it provides notice to the Restaurant, it may institute a civil action in federal district court to enforce title III or to enforce the terms of this Agreement.
  4. 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 the United States’ right to enforce any other deadline or provision of this Agreement.
  5. The effective date of this Agreement is the date of the last signature below.  This Agreement will remain in effect until the later of (a) three years from the effective date, or (b) until the parties agree that full compliance with this Agreement by the Restaurant has been achieved.
  6. This Agreement, along with Attachments A through C, constitutes the entire agreement between the parties.  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, except for any modifications made in accordance with Paragraph 12.
  7. This Agreement does not purport to remedy any other potential violations of the ADA, besides the violations listed in Attachments A through C, or any other federal law.  This Agreement does not affect the Restaurant’s continuing responsibility to comply with all aspects of the ADA.
  8. This Agreement is a public document.  A copy of this document may be made available to any person by the Restaurant or the United States.
  9. The person signing for Moon Time represents that he is authorized to bind the Restaurant to this Agreement.  

ON BEHALF OF THE UNITED STATES OF AMERICA

 

Dated: 6/8/17

RAFAEL M. GONZALEZ, JR.
ACTING UNITED STATES ATTORNEY
By:

/s/ Jessica R. Gunder
JESSICA R. GUNDER
Assistant United States Attorney

ON BEHALF OF MOON TIME

 

Dated: 6/8/17

/s/ John Grollmus
JOHN GROLLMUS
President