SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
MRS. K'S TOLL HOUSE RESTAURANT
SILVER SPRING, MARYLAND
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-248
A. BACKGROUND AND PARTIES
- The parties to this Settlement Agreement (Agreement) are the United States of
America and Mrs. K's Toll House Restaurant which is owned by Quick Cuisine, Inc. and Colesville Investment (collectively referred to hereafter as Mrs. K's). Mrs. K's is located at 9201 Colesville Road, Silver Spring, Maryland 20910. Theodosius Margas is the President and owner of Mrs. K's.
- The United States conducted a compliance review to determine whether the owners and operators of Mrs. K's failed to remove any architectural barriers to access for individuals with disabilities where such removal is readily achievable, as required by title III of the Americans with Disabilities Act of 1990 ("ADA"). 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304. The United States also received a complaint alleging that individuals with disabilities were unable to enter the dining area and unable to use restrooms. The compliance review determined that other areas of the restaurant, including parking, pathways, entrances, dining areas, and restrooms violate the ADA.
- The Attorney General is authorized under title III of the ADA, 42 U.S.C. § 12188(b)(1), to investigate complaints and bring a civil action under title III in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised.
- Mrs. K's is a restaurant open to the public and is a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(F). The ADA prohibits owners of public accommodations from discriminating against an individual on the basis of disability in the full and equal enjoyment of the entity's goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201. Discrimination includes the failure to remove architectural barriers in existing facilities, where such removal is readily
achievable, 42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R. § 36.304, and the failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities. 42 U.S.C. § 12183(a)(2); 28 C.F.R. § 36.402.
- The United States' investigation and compliance review found violations of the barrier removal and alterations requirements of title III of the ADA, 42 U.S.C. §§ 12182(b)(2)(A)(iv), 12183. The violations found are outlined on Attachment A.
- Ensuring that public accommodations remove architectural barriers in existing facilities where readily achievable to do so and that altered facilities are, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities are matters of general public importance.
B. TERMS OF AGREEMENT
- Mrs. K's agrees to undertake barrier removal, as outlined in this Agreement, to enable individuals with disabilities, including individuals who use wheelchairs, to enjoy Mrs. K's Restaurant. All remedial work will comply with the 2010 ADA Standards for Accessible Design ("2010 Standards"), 28 C.F.R. Part 36 subpart D, and the ADA Accessibility Guidelines in 2004 ADAAG at 36 C.F.R. pt. 1191, appendices B and D.
- Mrs. K's will, upon the effective date of this Agreement, promptly obtain the necessary permits and licenses to install a fully accessible toilet room in the wine cellar in accordance with the terms herein. Permits and licenses will be applied for within 90 days. Within 120 days after such permits and licenses have been issued, Mrs. K's agrees to install a fully accessible toilet room that complies with the 2010 Standards.
- Within 60 days of the effective date of this Agreement, Mrs. K's agrees to make the modifications to signage required to remedy the violations set forth in Attachment A.
- Within 60 days of the effective date of this Agreement, Mrs. K's will modify the
upper level toilet room consistent with the provisions in Attachment A.
- Within six months of the effective date of this Agreement, Mrs. K's agrees to make all other modifications required to remedy the violations set forth in Attachment A, including the interior of the restaurant, the exterior routes, and the parking lots.
- Within one year of the effective date of this agreement, Mrs. K's will remedy the violations set forth at I.B.1 and I.C.4. in Attachment A, concerning the brick walkway leading to the lower Main Entrance and the Wine Cellar.
- Mrs. K's agrees to maintain in operable working condition those features of the facilities and equipment that are required to be readily accessible to and usable by persons with disabilities. This includes maintaining accessible parking areas, pathways, entrances and all other accessible elements of the restaurant as required by 28 C.F.R. § 36.211(a).
- Within thirty days of the effective date of this Agreement, Mrs. K's will modify its website to provide information regarding the location of accessible parking and the accessible entrances, and to allow patrons to make a reservation and indicate the need for accessible seating.
- Within six months of the effective date of this Agreement, Mrs. K's will provide training on title III of the ADA to every manager and Front Desk employee at the restaurant as well as any employees whose routine job functions require them to interact with guests and any employee at the restaurant who receives, handles, or processes reservations, customer complaints, or requests for reasonable modifications. The training will include the duty to make reasonable modifications to policies, practices and procedures under the ADA; and the restaurant's obligations under the Agreement. Front desk employees and any employees at the restaurant who receive, handle, or process reservations will also receive training on the need to hold accessible tables for possible use by persons with disabilities until all other tables in the same area have been occupied. Within fourteen days of the training, Mrs. K's shall provide the United States with an attendance sheet that indicates which employees received the training, their titles, and when it occurred. Mrs. K's will train building staff and employees of the restaurant on a continuing basis on this information and how to accommodate patrons with disabilities in a nondiscriminatory manner.
- During the term of this Agreement, Mrs. K's will provide periodic reports to the United States regarding their progress with respect to the completion of the respective responsibilities of this Agreement. The first report shall be provided within six months of the effective date of this Agreement; the second report shall be provided on the one-year anniversary of the effective date of this Agreement; and subsequent reports shall be provided every six months thereafter for the remainder of the Agreement. Mrs. K's shall provide the Department with written documentation evidencing their completion of each corrective action in sufficient detail for the United States to independently confirm that all work has been done in conformance with this Agreement. Such evidence may include but is not limited to, permits, color photographs, purchase orders, and architectural drawings, as necessary. Nothing in the Agreement prohibits Mrs. K's from engaging an ADA consultant to submit such reports to the United States on their behalf. The United States may inspect the property in order to assess compliance with this Agreement.
The report will be sent by overnight delivery to the following address:
Sabrina Whitehead Jenkins
U.S. Department of Justice
Disability Rights Section
1425 New York Avenue, NW
Washington, D.C. 20005
C. IMPLEMENTATION AND ENFORCEMENT
- The United States may review compliance with this Agreement at any time. If the United States believes that Mrs. K's has failed to comply in a timely manner with any requirement of this Agreement, the United States will so notify Mrs. K's in writing and attempt to resolve the issue in good faith. If the United States is unable to reach a satisfactory resolution of the issue within 30 days after providing notice to Mrs. K's, the United States may institute a civil action in federal district court to enforce the terms of this Agreement, or take other action to enforce title III of the ADA.
- Failure by the United States to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement.
- This Agreement will be binding on Mrs. K's. In the event that, prior to the completion of the terms of this Agreement, Mrs. K's seeks to transfer or assign all or part of its interest in the restaurant and the successor or assigned intends on carrying on the same or similar use of the facility, as a condition of sale or lease Mrs. K's will obtain the written accession of the successor or assigned to all remaining obligations under this Agreement.
- 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 relating to DJ No. 202-35-248, and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including its attachments, will 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 Mrs. K's continuing responsibility to comply with all aspects of the ADA with respect to matters not addressed in this Agreement.
- This Agreement will remain in effect for three years from the effective date of this Agreement.
FOR THE RESTAURANT
By: _/s/ Theodosios Margas_______
uos Margas, OwnerMgr.
Mrs. K's Restaurant
Silver Spring, MD 20910
FOR THE UNITED STATES
THOMAS E. PEREZ
Assistant Attorney General
EVE L. HILL
Senior Counselor to the
Assistant Attorney General
By:__/s/ Sabrina Whitehead Jenkins__________________
GREGORY B. FRIEL, Acting Chief
KEVIN KIJEWSKI, Deputy Chief
SABRINA WHITEHEAD JENKINS
Senior Trial Attorney
U.S. Department of Justice
Disability Rights Section – NYA
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 305-9775 (fax)