SETTLEMENT AGREEMENT REGARDING ACCESS FOR INDIVIDUALS WITH DISABILITIESTO THE TAWSTY FLOWER BED AND BREAKFAST
DJ# 202-63-205

  1. Introduction
    1. The parties to this Settlement Agreement are the United States of America and Jan and Robert Albin, d/b/a. Tawsty Flower Bed and Breakfast (Tawsty Flower).  The Tawsty Flower facility is a privately owned bed and breakfast located at 106 South 4th Street, Lewisburg, Pennsylvania 17837. 
    2. The United States Department of Justice (the “Department”) is responsible for enforcing title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189 and the relevant regulations implementing title III, 28 C.F.R. pt. 36.
    3. Title III of the ADA prohibits discrimination on the basis of a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
    4. The Tawsty Flower facility is a place of public accommodation because it owns, operates, leases or leases to a place of public accommodation, and is thus subject to the ADA’s Title III requirements.  42 U.S.C. § 12181(7)(B); 28 C.F.R. § 36.104(2). 
  2. BACKGROUND AND INVESTIGATION
    1. The United States Attorney's Office for the Middle District of Pennsylvania initiated an investigation after it received a complaint that Tawsty Flower did not allow an individual with a disability who uses a service animal to reserve a room.
    2. Tawsty Flower cooperated fully with the United States Attorney’s Office in this matter.
    3. The ADA prohibits public accommodations from discriminating on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations of places of public accommodation, including hospitals. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
    4. Title III of the ADA requires generally that public accommodations modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.  28 C.F.R. § 36.302(c).
    5. After receiving the complaint noted in paragraph 5, the United States Attorney’s Office conducted interviews of Tawsty Flower’s current staff and reviewed materials submitted by Tawsty Flower.
    6. Based on the above, the United States Attorney’s Office concluded that Tawsty Flower violated the ADA by not allowing an individual with disabilities to book a room with her service animal.  The United States Attorney’s Office also concluded that Tawsty Flower’s staff had not been properly trained on accommodating individuals with disabilities who use service animals.
    7. The parties wish to amicably resolve this matter without litigation.  The United States believes that voluntary resolution of this matter through this Agreement is in the public interest.  In consideration of, and consistent with, the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil suit under title III in this matter, except as provided in the Implementation section of this Agreement.
  3. REMEDIAL ACTION
    1. Consistent with title III of the ADA, Tawsty Flower will not discriminate against any individual on the basis of disability in the full and equal enjoyment of the services it provides by excluding or providing unequal treatment to persons with disabilities, including those who use service animals. 42 U.S.C § 12182; 28 C.F.R. §§ 36.201, 36.202.  Specifically, Tawsty Flower will modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 42 U.S.C. §12182(b)(2)(A); 28 C.F.R. §§ 36.302(a), (c).
    2. Service Animal Policy: Tawsty Flower agrees that all persons with disabilities, including those accompanied by service animals, will be welcome in Tawsty Flower.  Tawsty Flower agrees to adopt and abide by the Service Animal Policy (Attachment A) attached to this Agreement.  Tawsty Flower will not refuse to admit a person with a disability because that person uses a service animal.  It also agrees that it will not charge a person with a disability any extra fee or ask a person with a disability to comply with any additional condition of service because they use a service animal.
    3. Publication of Policy: Tawsty agrees to prominently post the service animal policy in its facility and on its website, stating that Tawsty Flower welcomes individuals with disabilities who use service dogs, consistent with the ADA.  Tawsty Flower will provide a copy of the notice to the United Sates within ten (10) days of posting.
    4. Training: Tawsty Flower’s staff will undergo training regarding the ADA requirements to accommodate individuals with disabilities who use service animals, including a review of the Department’s technical assistance document, Frequently Asked Questions About Service Animals and the ADA, available at: https://www.ada.gov/regs2010/service_animal_qa.html.  Tawsty Flower will arrange for and conduct appropriate training on the ADA and service animals within thirty (30) days of the effective date of this Agreement.  Tawsty Flower will notify the Department when it has completed this training.
    5. Tawsty Flower will not retaliate against or otherwise coerce any individual with a disability who uses a service dog for filing a complaint with the Department or otherwise exercising rights protected by the ADA. 42 U.S.C. § 12203(a).
    6. Robert and Jane Albin, shall pay damages of $100.00 to the complainant by check made payable to the complainant identified by the United States.  42 U.S.C. § 12188(b)(2)(B).  This check is compensation to the Complainant pursuant to 42 U.S.C. § 12188(b)(2)(B), for the effects of the alleged discrimination suffered as described in the paragraphs above.  This payments will be delivered to Assistant United States Attorney Michael J. Butler, United States Attorney's Office, 228 Walnut Street, Harrisburg, PA 17050 for further delivery to the complainant.
    7. To vindicate the public interest, Tawsty Flower, shall pay a civil penalty of $200.00 by check made payable to the “United States of America.”  42 U.S.C. § 12188(b)(2)(C).  This payment will be delivered to Assistant United States Attorney Michael J. Butler, United States Attorney's Office, 228 Walnut Street, Harrisburg, PA 17050.  
  4. IMPLEMENTATION
    1. This Settlement Agreement cannot be modified or amended except in writing, agreed to and signed by the Parties.
    2. The United States may review compliance with this Agreement at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with Tawsty Flower and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issue(s) within thirty (30) days of the date the United States provides notice to Tawsty Flower, the Unites States may institute a civil action in appropriate Federal District Court to enforce this Agreement or the requirements of title III.
    3. It is a violation of this Agreement for Tawsty Flower to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement.
    4. Failure by the United States to enforce any provision or deadline in this Agreement shall not be construed as a waiver of the United States’ right to enforce any deadline or provision of this Agreement. The Agreement, including Attachment A, constitutes 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, will be enforceable under its provisions.
    5. This Agreement is limited to the facts set forth above and does not purport to remedy or resolve any other existing or potential violations of the ADA or any other local or Federal law.
    6. This Agreement does not affect Tawsty Flower continuing responsibility to comply with all applicable aspects of title III of the ADA.
    7. A copy of this document will be made available to any person by Tawsty Flower or the United States on request.
    8. The effective date of this Agreement is the date of the last signature below.  This Agreement will remain in effect for two (2) years from the effective date of this Agreement.
    9. The provisions of this Agreement shall be deemed severable, and any invalidity or unenforceability of any one or more of its provisions shall not affect the validity or enforceability of the other provisions herein.

    10. The person signing this Agreement for Tawsty Flower represents that he is authorized to Tawsty Flower to this Agreement.

For the United States of America:

DAVID J. FREED
United States Attorney

/s/
Michael J. Butler
Assistant United States Attorney
PA 81799
United States Attorney’s Office
228 Walnut Street, 2nd Floor
P.O. Box 11754
Harrisburg, PA 17108-1754

Dated: 9/19/19

For Tawsty Flower:

/s/
Robert Albin
106 South 4th Street
Lewisburg, PA 17837 

Dated: 9/19/19