SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ANTHONY'S HAWTHORNE, INC. INTRODUCTION 1. This matter was initiated by a public complaint filed with the United States Department of Justice against Anthony's Pier 4 restaurant in Boston, Massachusetts ("Anthony's Pier 4"). The complaint was investigated by the United States Department of Justice, under the authority granted by section 308(b) of the Americans with Disabilities Act of 1990, 42 U.S.C. S 12188 (the "ADA" or the "Act"). The Public Access Section included in its investigation four other places of public accommodation related to Anthony's Pier 4: 1) Anthony's Pier 4 Fish Market in Swampscott, Massachusetts; 2) Anthony's Hawthorne-by-the-Sea Restaurant in Swampscott, Massachusetts; 3) General Glover House restaurant in Swampscott, Massachusetts; and 4) Anthony's Cummaquid Inn, a restaurant in Yarmouthport, Massachusetts. 2. The investigation identified a number of architectural barriers in each of these facilities. The United States believes that the failure to remove these barriers violates title III of the ADA. Anthony's Hawthorne, Inc. neither admits nor denies that it has violated title III of the ADA. This agreement is the result of a compromise of disputed claims and alleged violations of the ADA. It does not constitute an admission by Anthony's Hawthorne, Inc. that it has violated title III of the ADA, and should not be construed as such. 3. The United States and the corporate owners and operators of the facilities agree that it is readily achievable to remove many of the barriers to access identified by the United States, and, accordingly, have entered into three settlement agreements: this one with Anthony's Hawthorne, Inc., the owner and operator of Anthony's Pier 4 Fish Market, Anthony's Hawthorne-by-the-Sea Restaurant, and General Glover House; one with the owner and operator of Anthony's Pier 4; and one with the owner and operator of Anthony's Cummaquid Inn. 4. The three agreements set forth the steps to be taken and a timetable for removing architectural barriers in each of the facilities. DEFINITIONS 5. The term "function room" means a room or space within a facility which is available for rent or lease by the public for the holding of banquets, meetings, conferences, receptions, parties, or other similar events. 6. For the sake of convenience, the term "architectural barriers" is used in this agreement to refer to both 01-05893 1) architectural barriers to access by individuals with disabilities and 2) communication barriers to access by individuals with disabilities which are structural in nature. 7. For the sake of convenience, the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A, are referred to in this agreement as "the Standards." THE PARTIES 8. The parties to this agreement are a) the United States of America, and b) Anthony's Hawthorne, Inc., the owner and operator of Anthony's Hawthorne-by-the-Sea Restaurant, Anthony's Pier 4 Fish Market, and General Glover House. 9. Anthony's Hawthorne, Inc. is incorporated in the State of Massachusetts, with its principal place of business at 95 Oxford Street, Lynn, Massachusetts. THE FACILITIES COVERED BY THIS AGREEMENT 10. Anthony's Hawthorne-by-the-Sea Restaurant is located at 153 Humphrey Street, Swampscott, Massachusetts. Anthony's Pier 4 Fish Market is housed in the same building. The site at 153 Humphrey Street includes a parking lot with 109 parking spaces for the use of customers of Anthony's Hawthorne-by-the-Sea Restaurant and Anthony's Pier 4 Fish Market. The building on the site has three levels. The basement houses a boiler room and storage space. The first floor houses Anthony's Pier 4 Fish Market, which has a separate entrance, and also houses an entrance lobby, waiting area, and the main dining area of Anthony's Hawthorne-by-the-Sea Restaurant. The first floor of Anthony's Hawthorne-by-the-Sea Restaurant also contains public telephones and two public use toilet rooms, one for men and one for women. To the rear of the first floor of Anthony's Hawthorne-by-the-Sea Restaurant is a two-level deck. The second floor of Anthony's Hawthorne-by-the-Sea Restaurant houses one large function room, and an outdoor balcony. 11. General Glover House is a restaurant located at Vinnin Square on Route 1A, Swampscott, Massachusetts. The site includes two parking lots for the use of customers of General Glover House, which contain 95 parking spaces. The site also includes a Agreement between the United States and Anthony's Hawthorne, Inc. Page 2 01-05894 multi-level building housing General Glover House. The lowest level houses a bar and lounge area; a middle level houses the main dining area and public use toilet rooms; and the upper level houses additional dining area and two function rooms. JURISDICTION 12. Anthony's Hawthorne-by-the-Sea Restaurant, Anthony's Pier 4 Fish Market, and General Glover House are places of public accommodation as defined in section 301(7)(B) and (E) of the Act and section 36.104 of the Department's implementing regulation. 42 U.S.C.  12181; 28 C.F.R.  36.104. As the owner and operator of Anthony's Hawthorne-by-the-Sea Restaurant, Anthony's Pier 4 Fish Market, and General Glover House, Anthony's Hawthorne, Inc., is a public accommodation within the meaning of title III of the ADA. 42 U.S.C.  12181; 28 C.F.R.  36.104. The subject of this settlement agreement is the removal of architectural barriers from Anthony's Hawthorne-by-the-Sea Restaurant, Anthony's Pier 4 Fish Market, and General Glover House. ARCHITECTURAL BARRIERS AT ANTHONY'S HAWTHORNE-BY-THE-SEA RESTAURANT AND ANTHONY'S PIER 4 FISH MARKET 13. Subsequent to January 26, 1992, Anthony's Hawthorne-by- the-Sea Restaurant and Anthony's Pier 4 Fish Market operated with a parking area and front entrances that the Department of Justice identified as being not fully accessible to, or readily useable by, individuals with disabilities. In addition, subsequent to January 26, 1992, Anthony's Hawthorne-by-the-Sea Restaurant operated with public use toilet rooms, dining areas, a two-level deck, function room, balcony, and other rooms, spaces, and elements that the Department of Justice identified as being not fully accessible to, or readily usable by, individuals with disabilities. Specifically, the Department identified the following architectural barriers: a) There were an inadequate number of parking spaces accessible to individuals with disabilities. b) The parking spaces designated for use by individuals with disabilities did not have access aisles, and were not flat and level. One had a pothole and another had a slope of greater than 1:50. c) The parking spaces designated for use by individuals with disabilities were not being Agreement between the United States and Anthony's Hawthorne, Inc. Page 3 01-05895 properly maintained; snow plowed from the rest of the lot was deposited in the spaces designated for use by individuals with disabilities. d) The parking spaces designated for use by individuals with disabilities were not on the shortest accessible route of travel to the entrances to Anthony's Hawthorne-by-the-Sea Restaurant and Anthony's Pier 4 Fish Market. e) There was no accessible route of travel from the parking spaces designated for use by individuals with disabilities to the entrances to Anthony's Hawthorne-by-the-Sea Restaurant and Anthony's Pier 4 Fish Market. There was a three to four inch step up to the landing at the front of the building. f) The men's public use toilet room in Anthony's Hawthorne-by-the-Sea Restaurant was inaccessible to individuals with disabilities because: each of the three doors to the toilet room was too narrow, the stalls were too small and did not have grab bars, the urinals were not accessible because they were too high and the partitions were too close together, the lavatories were not accessible because there was no clear knee space under the counter, the hardware to operate the faucets was inaccessible, and the towel dispenser was too high. g) The women's public use toilet room in Anthony's Hawthorne-by-the-Sea Restaurant was inaccessible to individuals with disabilities because: both doors to the toilet room were too narrow and there was inadequate maneuvering clearance at the door, the hardware on the lavatory faucets was not accessible, the stalls were too small and did not have grab bars, and the towel dispenser was too high. h) The public pay telephones on the first floor of Anthony's Hawthorne-by-the-Sea Restaurant were inaccessible to individuals with disabilities because: the doorway to the hallway in which the phones were located was not wide enough, and the phones were too high. Agreement between the United States and Anthony's Hawthorne, Inc. Page 4 01-05896 i) The outdoor deck at the rear of the first floor of Anthony's Hawthorne-by-the-Sea Restaurant was not accessible to individuals with disabilities because there was one step down from the first floor of the restaurant to the upper level of the deck, and there were several steps down from the upper level of the deck to the lower level of the deck. j) The function room on the second floor of Anthony's Hawthorne-by-the-Sea Restaurant was inaccessible to individuals with disabilities because it could be reached only by a flight of stairs. k) Neither leaf of the double door at the top of the stairway leading to the second floor function room at Anthony's Hawthorne-by-the-Sea Restaurant provided an adequate clear opening. l) The outdoor balcony at the rear of the second floor of Anthony's Hawthorne-by-the-Sea Restaurant was not accessible to individuals with disabilities because there was one step down from the second floor to the balcony level. With respect to the barrier to access identified in paragraph 13 (j), Anthony's Hawthorne, Inc. states that it maintained a policy of assisting individuals with mobility impairments when requested to do so, to provide access to the second floor function room. 14. The parties agree that it is readily achievable to remove the barriers to access to and within Anthony's Hawthorne- by-the-Sea Restaurant and Anthony's Pier 4 Fish Market identified in paragraphs 13(a), (b), (c), (d), (e), (f), (g), (h), and (k). The parties agree that it is readily achievable to provide alternatives to barrier removal in order to provide access to the goods and services offered in the rooms and spaces identified in paragraphs 13(i), (j), and (l). ARCHITECTURAL BARRIERS AT GENERAL GLOVER HOUSE 15. Subsequent to January 26, 1992, General Glover House operated with a parking area, front and side entrances, public use toilet rooms, a bar and lounge area, dining areas, function rooms, and other rooms, spaces, and elements that the Department of Justice identified as being not fully accessible to, or Agreement between the United States and Anthony's Hawthorne, Inc. Page 5 01-05897 readily usable by, individuals with disabilities. Specifically, the Department identified the following architectural barriers: a) The parking spaces designated for use by individuals with disabilities had a slope of greater than 1:50 and did not have adequate access aisles. b) The entrances to General Glover House were inaccessible to individuals with disabilities. The front entrance was not accessible because there were two steps up to the landing in front of the door. The side entrance was not accessible because the door was too narrow, and there were two steps up on the pathway leading to that entrance. c) The bar and lounge area on the lower level was inaccessible to individuals with disabilities because the only access to that area was by a flight of stairs. d) The men's public use toilet room was inaccessible to individuals with disabilities because: the door to the toilet room was too narrow, the stalls were too small, the urinals were not accessible, the towel dispenser and mirror were too high, and the hardware on the lavatory faucets was inaccessible. e) The women's public use toilet room was inaccessible to individuals with disabilities because: the door to the toilet room was too narrow, the stalls were too small and lacked grab bars, the lavatories did not provide adequate knee space, and the hardware on the lavatory faucets was not accessible. f) The dining areas and the function rooms on the upper level were not accessible to individuals with disabilities because the only access to those rooms and spaces was by a flight of stairs. With respect to the barrier to access identified in paragraphs 15(c) and (f), Anthony's Hawthorne, Inc. states that it maintained a policy of assisting individuals with mobility impairments when requested to do so, to provide access to the upper and lower levels. Agreement between the United States and Anthony's Hawthorne, Inc. Page 6 01-05898 16. The parties agree that it is readily achievable to remove the barriers to access to and within General Glover House identified in paragraphs 15(a), (b), (d), and (e). The parties agree that it is readily achievable to provide alternatives to barrier removal in order to provide access to the goods and services offered in the rooms and spaces identified in paragraphs 15(c) and (f). ACTIONS TO BE TAKEN BY ANTHONY'S HAWTHORNE, INC. Anthony's Hawthorne-by-the-Sea Restaurant and Anthony's Pier 4 Fish Market Parking and access to the facility 17. In order to remove the barriers to access located in the parking lot in front of Anthony's Hawthorne-by-the-Sea Restaurant and Anthony's Pier 4 Fish Market, and at the walkway in front of the entrances to Anthony's Hawthorne-by-the-Sea Restaurant and Anthony's Pier 4 Fish Market, (see paragraphs 13(a), (b), (c), (d), & (e)), Anthony's Hawthorne, Inc., agrees: a) No later than July 15, 1994, to provide five accessible parking spaces in the parking lot in front of the building, and an accessible route from those spaces to the entrances to Anthony's Hawthorne-by-the-Sea Restaurant and Anthony's Pier 4 Fish Market. b) At all times after provision of the accessible parking spaces and accessible route specified in paragraph (a) above, to maintain the accessible parking spaces and the accessible route in good condition, including prompt removal of snow and debris from the accessible parking spaces and the accessible route. c) At all times after provision of the accessible parking spaces specified in paragraph (a) above, to police the use of the parking spaces to insure that they are available for the use of individuals with disabilities, and are not being used by other individuals. Agreement between the United States and Anthony's Hawthorne, Inc. Page 7 01-05899 Public use toilet rooms 18. In order to remove the barriers to access to and within the men's and women's public use toilet rooms at Anthony's Hawthorne-by-the-Sea Restaurant (see paragraphs 13(f) & (g)), Anthony's Hawthorne Inc., agrees: a) No later than July 15, 1994, to provide on the first floor an accessible unisex public use toilet room as specified in the architectural drawings attached to this agreement as Exhibit A. b) No later than July 15, 1994, to provide accessible signage at the existing public use toilet rooms and the new unisex toilet room identifying them as such, and signage at the existing toilet room providing direction to the accessible unisex toilet room. Public telephones 19. In order to provide accessible public pay telephones at Anthony's Hawthorne-by-the-Sea Restaurant (see paragraph 13(h)), Anthony's Hawthorne, Inc., agrees to provide an accessible public pay telephone no later than the effective date of this agreement. Such telephone shall comply in all respects with sections 4.31.2, 4.31.3, 4.31.4, 4.31.6, 4.31.7, and 4.31.8 of the Standards. Access to function rooms 20. In order to provide access to the function rooms at Anthony's Hawthorne-by-the-Sea Restaurant (see paragraphs 13(j) & (k)), Anthony's Hawthorne, Inc., agrees: a) No later than July 15, 1994, to replace the double doors at the top of the stairs leading to the second floor function room with an accessible single leaf door. b) At all times after the effective date of this agreement, to make a function room on the first floor of the restaurant available to any party that requests an accessible function room. The employee or employees who reserve function rooms shall inquire of every party seeking a function room whether that party requires a room accessible to individuals with disabilities. Agreement between the United States and Anthony's Hawthorne, Inc. Page 8 01-05900 General Glover House Parking 21. In order to remove the barriers to access located in the parking lot at General Glover House (see paragraph 15(a)), Anthony's Hawthorne, Inc., agrees: a) No later than the effective date of this agreement, to provide four accessible parking spaces in the parking lot at the front of General Glover House, and an accessible route from those spaces to the side entrance of General Glover House. b) At all times after the effective date of this agreement, to maintain the accessible parking spaces and the accessible route in good condition, including prompt removal of snow and debris from the accessible parking spaces and the accessible route. c) At all times after the effective date of this agreement, to police the use of the parking spaces to ensure that they are available for the use of individuals with disabilities, and are not being used by other individuals. Side entrance 22. In order to remove the barriers to access located at the side entrance to General Glover House (see paragraph 15(b)), Anthony's Hawthorne, Inc., agrees: a) No later than July 30, 1994, to make the side entrance to General Glover House accessible by modifying that entrance as specified in the architectural drawings attached to this agreement as Exhibit B. At a minimum, these modifications will include replacing the existing landing, door, and doorframe, and providing overhead cover for the landing. b) No later than July 30, 1994, to install appropriate signage at the front entrance providing direction to the accessible side entrance. Agreement between the United States and Anthony's Hawthorne, Inc. Page 9 01-05901 Bar and lounge area 23. In order to provide access to the goods and services provided in the bar and lounge area on the lower level of General Glover House (see paragraph 15(c)), Anthony's Hawthorne, Inc. agrees that at all times after the effective date of this agreement, it will provide on the main level of the facility the same food and beverage service that is available in the bar and lounge area. Public use toilet rooms 24. In order to remove barriers to access to and within the men's public use toilet room at General Glover House (see paragraph 15 (d)), Anthony's Hawthorne, Inc., agrees: a) No later than August 15, 1994, to modify the existing men's public use toilet room as specified in the architectural drawings attached to this agreement as Exhibit C. b) No later than August 15, 1994, to provide accessible signage which identifies the men's public use toilet room. 25. In order to remove barriers to access to and within the women's public use toilet room at General Glover House (see paragraph 15 (e)), Anthony's Hawthorne, Inc., agrees: a) No later than August 15, 1994, to modify the existing women's public use toilet room as specified in the architectural drawings attached to this agreement as Exhibit D. b) No later than August 15, 1994, to provide accessible signage which identifies the women's public use toilet room. Access to function rooms 26. In order to provide access to the function rooms at General Glover House (see paragraph 15(f)), Anthony's Hawthorne, Inc., agrees that it will, at all times after the effective date of this agreement, make a function room on the main floor of the restaurant available to any party that requests an accessible function room. The employee or employees who reserve function rooms shall inquire of every party seeking a function room whether that party requires a room accessible to individuals with disabilities. Agreement between the United States and Anthony's Hawthorne, Inc. Page 10 01-05902 IMPLEMENTATION AND ENFORCEMENT OF THIS AGREEMENT 27. The Attorney General is authorized, pursuant to section 308(b) (1) (B) of the Act, to bring a civil action to enforce title III of the Act in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter. 28. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any portion of it has been violated, it will raise the issue or issues with Anthony's Hawthorne, Inc. and attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 45 days of the date it raises the issue or issues with Anthony's Hawthorne, Inc., it may institute a civil action in federal district court. If the government demonstrates in such a proceeding that Anthony's Hawthorne, Inc. has failed to comply with any portion of this agreement, Anthony's Pier Four, Inc. shall be liable to the United States for a civil penalty in an amount of no less than $50,000.00. 29. A failure by the Department to enforce any portion of this agreement shall not be construed as a waiver of its right to enforce any other portion of this agreement. 30. This agreement shall be enforceable in United States District Court for the District of Massachusetts. 31. All actions required by this agreement for removal of architectural barriers to access, including all structural or architectural changes to the facility, shall comply in all respects with all provisions of the Standards applicable to the room, space, element, or feature of the facility where barriers are being removed. The actions specified in paragraph 19 (requiring the provision of accessible public pay telephones) must comply only with the portions of the Standards set out in paragraph 19. 32. No later than May 15, 1994, Anthony's Hawthorne, Inc., shall develop and reduce to writing a policy or policies for providing goods and services to individuals with disabilities in accord with the requirements of title III of the Act, and shall submit such policy or policies to the Department for review and approval. Upon approval by the Department, Anthony's Hawthorne, Inc., shall implement such policy or policies, and shall make such policy or policies known to all of its employees. Agreement between the United States and Anthony's Hawthorne, Inc. Page 11 01-05903 33. On October 15, 1994, Anthony's Hawthorne, Inc., shall certify to the Department, in writing, that it has fulfilled all of its obligations under this agreement. The certification shall set out each of the obligations that has matured by the date of the certification, and shall describe the steps Anthony's Hawthorne, Inc., has taken to fulfill those obligations. The certification shall also identify all continuing obligations under this agreement, and describe how Anthony's Hawthorne, Inc., is meeting those obligations. The parties expressly agree that providing such certification is essential to the enforcement of this agreement, and that a failure to provide the certification required by this paragraph constitutes a breach of this agreement sufficient to warrant the penalties set out in paragraph 28. 34. Both this agreement and the certification to be provided pursuant to paragraph 33 are public documents. Copies of either document and any information contained in them may be made available to any person at any time. The Department shall provide copies of these documents to any person on request. 35. In the event that Anthony's Hawthorne, Inc. is required to obtain, for any of the steps to remove barriers to access specified in this agreement, any building, mechanical, electrical, plumbing or other permit or approval, Anthony's Hawthorne, Inc. will seek such permit or approval in good faith and in a timely fashion. If any necessary permit or approval is not granted within the time anticipated by Anthony's Hawthorne, Inc. for obtaining the permit or approval, or is denied, Anthony's Hawthorne, Inc. will promptly notify counsel for the United States. The parties will thereafter attempt, in good faith, to determine how much additional time is required to secure the permit or approval and complete the work at issue, or, if the permit or approval has been denied, shall attempt to identify alternative methods of removing the barrier in question, or otherwise providing access to the goods or services affected by the barrier. This agreement does not require Anthony's Hawthorne, Inc. to take any steps to remove barriers to access for which permits or other approvals are necessary, where Anthony's Hawthorne, Inc. has timely and in good faith taken all necessary steps to secure such permits or approvals, but such permits or approvals have been denied. 36. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Anthony's Hawthorne, Inc., and its successors in interest, and Anthony's Hawthorne, Inc., has a duty to so notify all such successors in interest. Agreement between the United States and Anthony's Hawthorne, Inc. Page 12 01-05904 37. This agreement and the architectural drawings attached to it 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 the agents of either party that is not contained in this written agreement, shall be enforceable. This agreement is limited to the facts set forth herein, and does not purport to remedy any other potential violations of the Act or any other federal law. This agreement does not affect the continuing responsibility of Anthony's Hawthorne, Inc., to comply with all aspects of the Act. Specifically, this agreement does not affect the duties of Anthony's Hawthorne, Inc., with regard to the alterations and new construction requirements of the Act, nor with regard to barrier removal in other parts of Anthony's Hawthorne-by-the-Sea Restaurant, Anthony's Pier 4 Fish Market, and General Glover House not mentioned herein or in any other facility owned or operated by Anthony's Hawthorne, Inc. 38. The signer of this document for Anthony's Hawthorne, Inc., represents that he or she is authorized to bind Anthony's Hawthorne, Inc., to this agreement. For Anthony's Hawthorne, Inc.: For the United States: Anthony S. Athanas, President Deval L. Patrick Assistant Attorney General c/o Anthony's Pier Four, Inc. Civil Rights Division 140 Northern Avenue Boston, MA 02210 John L. Wodatch Joan A. Magagna Thomas M. Contois Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6014 Date Date A\anthonys\justice\hawthorn.agr Agreement between the United States and Anthony's Hawthorne, Inc. Page 13 01-05905 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ANTHONY'S PIER FOUR, INC. INTRODUCTION 1. This matter was initiated by a public complaint filed with the United States Department of Justice against Anthony's Pier 4 restaurant in Boston, Massachusetts ("Anthony's Pier 4"). The complaint was investigated by the United States Department of Justice, under the authority granted by section 308(b) of the Americans with Disabilities Act of 1990, 42 U.S.C. S 12188 (the "ADA" or the "Act"). The Public Access Section included in its investigation four other places of public accommodation related to Anthony's Pier 4: 1) Anthony's Pier 4 Fish Market in Swampscott, Massachusetts; 2) Anthony's Hawthorne-by-the-Sea Restaurant in Swampscott, Massachusetts; 3) General Glover House restaurant in Swampscott, Massachusetts; and 4) Anthony's Cummaquid Inn, a restaurant in Yarmouthport, Massachusetts. 2. The investigation identified a number of architectural barriers in each of these facilities. The United States believes that the failure to remove these barriers violates title III of the ADA. Anthony's Pier Four, Inc. neither admits nor denies that it has violated title III of the ADA. This agreement is the result of a compromise of disputed claims and alleged violations of the ADA. It does not constitute an admission by Anthony's Pier Four, Inc. that it has violated title III of the ADA, and should not be construed as such. 3. The United States and the corporate owners and operators of the facilities agree that it is readily achievable to remove many of the barriers to access identified by the United States, and, accordingly, have entered into three settlement agreements: this one with Anthony's Pier Four, Inc., the owner and operator of Anthony's Pier 4; one with the owners and operators of Anthony's Pier 4 Fish Market, Anthony's Hawthorne- by-the-Sea Restaurant, and General Glover House restaurant; and one with the owners and operators of Anthony's Cummaquid Inn. 4. The three agreements set forth the steps to be taken and a timetable for removing architectural barriers in each of the facilities. DEFINITIONS 5. The term "function room" means a room or space within a facility which is available for rent or lease by the public for the holding of banquets, meetings, conferences, receptions, parties, or other similar events. 6. For the sake of convenience, the term "architectural barriers" is used in this agreement to refer to both 1) 01-05906 architectural barriers to access by individuals with disabilities and 2) communication barriers to access by individuals with disabilities which are structural in nature. 7. For the sake of convenience, the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A, are referred to in this agreement as "the Standards." THE PARTIES 8. The parties to this agreement are a) the United States of America, and b) Anthony's Pier Four, Inc. the owner and operator of Anthony's Pier 4. 9. Anthony's Pier Four, Inc. is incorporated in the State of Massachusetts, with its principal place of business at 140 Northern Avenue, Boston, Massachusetts, 02210. THE FACILITY COVERED BY THIS AGREEMENT 10. Anthony's Pier 4 is a restaurant located at 140 Northern Avenue, in Boston, Massachusetts. The site at 140 Northern Avenue includes a parking lot for the use of customers of Anthony's Pier 4, which parking lot contains 227 parking spaces. The site also includes a three-story building housing Anthony's Pier 4. The first floor has 5700 square feet; the second floor has 5700 square feet. The first floor houses an entrance lobby, waiting area, bar, and a dining area seating 325. The first floor also houses two public use toilet rooms, one for men and one for women. To the rear of the first floor is a partially enclosed patio area, which is used as a dining area in the summer months. There are no function rooms on the first floor. The second floor houses a bar and lounge area and three separate function rooms which may be rented or leased by the public for conferences, meetings, banquets, receptions, and similar functions. The largest of the function rooms is the Boston Room, with a seating capacity of approximately 250. The Lynn Room seats approximately 150, and can be combined with the Boston Room, for a seating capacity of approximately 400. The smallest of the function rooms is the New Bedford Room, with a seating capacity of 30 to 40. It is not adjacent to, and cannot be combined with, either the Boston Room or the Lynn Room. The second floor also houses two public use toilet rooms, one for men and one for women. The third floor is not open to restaurant Agreement between the United States and Anthony's Pier Four, Inc. Page 2 01-05907 patrons, and includes only office space for the use of Anthony's Pier Four, Inc. JURISDICTION 11. Anthony's Pier 4 is a place of public accommodation as defined in section 301(7)(B) of the Act and section 36.104 of the Department's implementing regulation. 42 U.S.C.  12181; 28 C.F.R.  36.104. As the owner and operator of Anthony's Pier 4, Anthony's Pier Four, Inc. is a public accommodation within the meaning of title III of the ADA. 42 U.S.C.  12181; 28 C.F.R.  36.104. The subject of this settlement agreement is the removal of architectural barriers from Anthony's Pier 4. ARCHITECTURAL BARRIERS AT ANTHONY'S PIER 4 12. Subsequent to January 26, 1992, Anthony's Pier 4 operated with a parking area, front entrance, public use restrooms, dining areas, function rooms, an outdoor patio, and other rooms, spaces, and elements that the Department of Justice identified as being not fully accessible to, or readily usable by individuals with disabilities, including individuals who use wheelchairs. Specifically, the Department identified the following architectural barriers: a) There were an inadequate number of parking spaces accessible to individuals with disabilities. b) The parking spaces designated for use by individuals with disabilities were not on the shortest accessible route of travel to the restaurant's main entrance. c) The parking spaces designated for use by individuals with disabilities were not wide enough, did not have access aisles, and had a slope of greater than 1:50. d) In both sets of double doors at the front entrance, each leaf provided only 30" clear width when opened 90 degrees. e) The public pay telephones just inside the front doors were inaccessible to individuals with disabilities because they were too high on the wall, the doors to the phone booths were too narrow, and the booths did not provide sufficient Agreement between the United States and Anthony's Pier Four, Inc. Page 3 01-05908 clear floor space for either a front or side approach to the telephones by a person using a wheelchair. f) The route of travel from the front entrance to the patio at the rear of the first floor was obstructed by the placement of tables and chairs in the dining area. g) The maneuvering space in front of the door to the patio area was obstructed by a stand supporting a computer terminal. h) There were two steps down to the patio level from the dining area. i) In the men's public use toilet room on the first floor, the doors to the toilet room were too narrow, each of the toilet stalls was too small, none of the toilet stalls had grab bars, the toilet seats were too low, the urinals were too high, the privacy screens separating the urinals were too close together, there was insufficient clear floor space to allow an individual using a wheelchair to make a forward approach to the urinals, the lavatories did not provide sufficient knee space, the hot water pipes were not insulated, the mirror was too high, and the towel dispensers were too high. j) In the women's public use toilet room on the first floor, the door to the toilet room was too narrow, there was insufficient clear floor space, each of the toilet stalls was too small, none of the toilet stalls had grab bars, the toilet seats were too low, there was insufficient clear floor space in front of the lavatories to allow a person using a wheelchair to make a forward approach to the lavatories, there was insufficient knee space under the lavatories, the hot water pipes under the lavatories were not insulated, the mirror was too high, and the towel dispensers were too high. k) The restaurant had no visual alarm system. l) The only means of access to the second floor of the restaurant and the function rooms located on that floor was by a flight of stairs. Agreement between the United States and Anthony's Pier Four, Inc. Page 4 01-05909 m) The public pay telephones in the second floor lobby area were inaccessible because they were too high on the wall, the phone booths were too narrow, the booths did not allow sufficient clear floor space for either a front or side approach by an individual using a wheelchair, and access to the phone booths was blocked by the placement of certain furniture and the door to the New Bedford function room. n) Each leaf of the double doors to the New Bedford function room provided only 28" clear width when opened 90 degrees. o) In the men's public use toilet room on the second floor, the door to the toilet room was too narrow, each of the toilet stalls was too small, none of the toilet stalls had grab bars, the toilet seats were too low, the urinals were too high, the privacy screens which separated the urinals were too close together, the lavatories did not provide knee space under the counter, the hot water pipes were not insulated, the lavatory operating controls required tight pinching, grasping, or twisting, the mirror was too high, and the towel dispensers were too high. p) In the women's public use toilet room on the second floor, the door to the toilet room was too narrow, there was insufficient clear floor space inside the restroom, each of the toilet stalls was too small, none of the toilet stalls had grab bars, the toilet seats were too low, the lavatories did not provide knee space under the counter, the hot water pipes were not insulated, the mirror was too high, and the towel dispensers were too high. With respect to the barrier to access identified in paragraph 12(1), Anthony's Pier Four, Inc. states that it maintained a policy of assisting individuals with mobility impairments when requested to do so, to provide access to the second floor and its function rooms. 13. The parties agree that it is readily achievable to remove the barriers to access to and within Anthony's Pier 4. Agreement between the United States and Anthony's Pier Four, Inc. Page 5 01-05910 ACTIONS TO BE TAKEN BY ANTHONY'S PIER FOUR, INC. Parking 14. In order to remove the barriers to access located in the parking lot at Anthony's Pier 4 (see paragraphs 12(a), (b), & (c)), Anthony's Pier Four, Inc. agrees: a) No later than the effective date of this agreement, to provide seven accessible parking spaces in the parking lot in front of Anthony's Pier 4, and an accessible route from those parking spaces to the front entrance of the restaurant. b) At all times after providing the accessible parking spaces and accessible route specified in paragraph (a) above, to maintain the accessible parking spaces and the accessible route in good condition, including prompt removal of snow and debris from the accessible parking spaces and the accessible route. c) At all times after providing the accessible parking spaces specified in paragraph (a) above, to police the use of the parking spaces to insure that they are available for the use of individuals with disabilities, and are not being used by other individuals. d) No later than the effective date of this agreement, to provide appropriate signage indicating the accessible route from the accessible parking spaces to the front entrance. Front entrance 15. In order to remove the barriers to access located at the front entrance to Anthony's Pier 4 (see paragraph 12(d)), Anthony's Pier Four, Inc. agrees: a) No later than December 31, 1994, to provide an accessible front entrance at Anthony's Pier 4 by replacing the existing sets of double doors with accessible doors. b) At all times after the date of this agreement, to maintain the front entrance in good condition, including prompt removal of snow or debris from the landing in front of the entrance. Agreement between the United States and Anthony's Pier Four, Inc. Page 6 01-05911 Public telephones 16. In order to provide accessible public pay telephones on both the first and second floors of Anthony's Pier 4 (see paragraphs 12(e) & (m), Anthony's Pier Four, Inc. agrees to provide, no later than the effective date of this agreement, one additional telephone at each of the banks of public pay telephones on the first and second floors. Such additional telephones shall comply in all respects with sections 4.31.2, 4.31.3, 4.31.4, 4.31.6, 4.31.7, and 4.31.8 of the Standards. Outdoor patio 17. In order to remove the barriers to access to the outdoor patio at Anthony's Pier 4 (see paragraphs 12(f), (g), & (h)), Anthony's Pier Four, Inc. agrees: a) At all times after the effective date of this agreement, to maintain an accessible path of travel from the front entrance of Anthony's Pier 4 through the lobby and first floor dining areas to the patio at the rear of the restaurant. b) No later than December 31, 1994 to provide access to the patio by providing a ramp from the main dining level to the patio level as specified in the architectural drawings attached to this agreement as Exhibit B. Public use toilet rooms -- first floor 18. In order to remove the barriers to access in the men's and women's public use toilet rooms on the first floor of Anthony's Pier 4 (see paragraphs 12(i) & (j)), Anthony's Pier Four, Inc. agrees: a) No later than December 31, 1994, to complete a restructuring and expansion of the current public use toilet rooms on the first floor as specified in the architectural drawings attached to this agreement as Exhibit A. b) No later than December 31, 1994, to provide accessible signage identifying the public use toilet rooms. Agreement between the United States and Anthony's Pier Four, Inc. Page 7 01-05912 Visual fire alarm 19. In order to provide a visual fire alarm system at Anthony's Pier 4 (thus removing the barrier described in paragraph 12(k)), Anthony's Pier Four, Inc. agrees to install such a system not later than December 31, 1994. Access to the second floor 20. In order to provide access to the second floor of Anthony's Pier 4 (thus removing the barrier described in paragraph 12(1)), Anthony's Pier Four, Inc. agrees: a) Not later than thirty (30) days after the date of this agreement, to commence the process of securing all permits and/or other regulatory or administrative approvals required for the installation and maintenance of an incline wheelchair lift from the first to the second floors, as specified in the architectural drawings attached to this agreement as Exhibit A. b) Not later than one hundred and fifty (150) days after securing all permits and/or other regulatory or administrative approvals as described in paragraph (a) above, to install an incline wheelchair lift from the first to the second floors, as specified in the architectural drawings attached to this agreement as Exhibit A. c) At all times after installation of the lift specified in paragraph (b) above, to maintain the lift in good working condition. d) At all times after installation of the lift specified in paragraph (b) above, to make the lift available to patrons with mobility impairments at all times that Anthony's Pier 4 is open for business. New Bedford room 21. In order to remove the barriers to access to the New Bedford function room (see paragraph 12(n)), Anthony's Pier Four, Inc. agrees to replace, not later than the effective date of this agreement, the existing double doors to the New Bedford function room with an accessible door or doors. Agreement between the United States and Anthony's Pier Four, Inc. Page 8 01-05913 Public use toilet rooms -- second floor 22. In order to remove the barriers to access in the men's public use toilet room on the second floor of Anthony's Pier 4 (see paragraph 12(o)), Anthony's Pier Four, Inc. agrees: a) No later than December 31, 1994, to complete a program of barrier removal in the men's public use toilet room on the second floor as specified in the architectural drawings attached to this agreement as Exhibit A. b) No later than December 31, 1994, to provide accessible signage which identifies the men's public use toilet room on the second floor. 23. In order to remove the barriers to access in the women's public use toilet room on the second floor of Anthony's Pier 4 (see paragraph 12(p)), Anthony's Pier Four, Inc. agrees: a) No later than December 31, 1994, to complete a program of barrier removal in the women's public use toilet room on the second floor as specified in the architectural drawings attached to this agreement as Exhibit A. b) No later than December 31, 1994, to provide accessible signage which identifies the women's public use toilet room on the second floor. IMPLEMENTATION AND ENFORCEMENT OF THIS AGREEMENT 24. The Attorney General is authorized, pursuant to section 308 (b) (1) (B) of the Act, to bring a civil action to enforce title III of the Act in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter. 25. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any portion of it has been violated, it will raise the issue or issues with Anthony's Pier Four, Inc. and attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 45 days of the date it raises the issue or issues with Anthony's Pier Four, Inc., it may institute a civil action in federal district court. If the government demonstrates in Agreement between the United States and Anthony's Pier Four, Inc. Page 9 01-05914 such a proceeding that Anthony's Pier Four, Inc. has failed to comply with any portion of this agreement, Anthony's Pier Four, Inc. shall be liable to the United States for a civil penalty in an amount of no less than $50,000.00. 26. A failure by the Department to enforce any portion of this agreement shall not be construed as a waiver of its right to enforce any other portion of this agreement. 27. This agreement shall be enforceable in United States District Court for the District of Massachusetts. 28. All actions required by this agreement for removal of architectural barriers to access, including all structural or architectural changes to the facility, shall comply in all respects with all provisions of the Standards applicable to the room, space, element, or feature of the facility where barriers are being removed. The actions specified in paragraph 16 (requiring the provision of accessible public pay telephones) must comply only with the portions of the Standards set out in paragraph 16. 29. No later than May 15, 1994, Anthony's Pier Four, Inc. shall develop and reduce to writing a policy or policies for providing goods and services to individuals with disabilities in accord with the requirements of title III of the Act, and shall submit such policy or policies to the Department for review and approval. Upon approval by the Department, Anthony's Pier Four, Inc. shall implement such policy or policies, and shall make such policy or policies known to all of its employees. 30. On February 28, 1995, Anthony's Pier Four, Inc. shall certify to the Department, in writing, that it has fulfilled all of its obligations under this agreement. The certification shall set out each of the obligations that has matured by the date of the certification, and shall describe the steps Anthony's Pier Four, Inc. has taken to fulfill those obligations. The certification shall also identify all continuing obligations under this agreement, and describe how Anthony's Pier Four, Inc. is meeting those obligations. The parties expressly agree that providing such certification is essential to the enforcement of this agreement, and that a failure to provide the certification required by this paragraph constitutes a breach of this agreement sufficient to warrant the penalties set out in paragraph 25. 31. Both this agreement and the certification to be provided pursuant to paragraph 30 are public documents. Copies of either document and any information contained in them may be Agreement between the United States and Anthony's Pier Four, Inc. Page 10 01-05915 made available to any person at any time. The Department shall provide copies of these documents to any person on request. 32. In the event that Anthony's Pier Four, Inc. is required to obtain, for any of the steps to remove barriers to access specified in this agreement, any building, mechanical, electrical, plumbing or other permit or approval, Anthony's Pier Four, Inc. will seek such permit or approval in good faith and in a timely fashion. If any necessary permit or approval is not granted within the time anticipated by Anthony's Pier Four, Inc. for obtaining the permit or approval, or is denied, Anthony's Pier Four, Inc. will promptly notify counsel for the United States. The parties will thereafter attempt, in good faith, to determine how much additional time is required to secure the permit or approval and complete the work at issue, or, if the permit or approval has been denied, shall attempt to identify alternative methods of removing the barrier in question, or otherwise providing access to the goods or services affected by the barrier. This agreement does not require Anthony's Pier Four, Inc. to take any steps to remove barriers to access for which permits or other approvals are necessary, where Anthony's Pier Four, Inc. has timely and in good faith taken all necessary steps to secure such permits or approvals, but such permits or approvals have been denied. 33. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Anthony's Pier Four, Inc. and its successors in interest, and Anthony's Pier Four, Inc. has a duty to so notify all such successors in interest. 34. This agreement and the architectural drawings attached to it 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 the agents of either party that is not contained in this written agreement, shall be enforceable. This agreement is limited to the facts set forth herein, and does not purport to remedy any other potential violations of the Act or any other federal law. This agreement does not affect the continuing responsibility of Anthony's Pier Four, Inc. to comply with all aspects of the Act. Specifically, this agreement does not affect the duties of Anthony's Pier Four, Inc. with regard to the alterations and new construction requirements of the Act, nor with regard to barrier removal in other parts of Anthony's Pier 4 not mentioned herein or in any other facility owned or operated by Anthony's Pier Four, Inc. Agreement between the United States and Anthony's Pier Four, Inc. Page 11 01-05916 35. The signer of this document for Anthony's Pier Four, Inc. represents that he or she is authorized to bind Anthony's Pier Four, Inc. to this agreement. For Anthony's Pier Four, Inc.: For the United States: Anthony S. Athanas, President Deval L. Patrick Assistant Attorney General c/o Anthony's Pier Four, Inc. Civil Rights Division 140 Northern Avenue Boston, MA 02210 John L. Wodatch Joan A. Magagna Thomas M. Contois Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P. O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6014 Date Date A\anthonys\justice\pierfour.agr Agreement between the United States and Anthony's Pier Four, Inc. Page 12 01-05917