SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BEL-LOC DINER, INC., AND MR. WILLIAM DOXANAS INTRODUCTION 1. This matter was initiated by a complaint filed with the United States Department of Justice against the Bel-Loc Diner, Inc., in Towson, Maryland ("the Diner"). The complaint was investigated by the Public Access Section of the Civil Rights Division of the United States Department of Justice ("the Department"), under the authority granted by section 308(b) of the Americans with Disabilities Act of 1990, 42 U.S.C.  12188 (the "ADA" or the "Act"). 2. The parties to this agreement are a) the United States of America ("United States"), b) Bel-Loc Diner, Inc. ("Bel-Loc"), and c) Mr. William Doxanas. 3. The Diner, 1700 East Joppa Road, Towson, Maryland, is a privately owned and operated facility whose operations affect commerce; it is an establishment serving food and drink. 4. Bel-Loc is a Maryland corporation with its principal place of business at 1700 East Joppa Road, Towson, Maryland. Mr. Doxanas is the principal and controlling shareholder of Bel-Loc. 5. Bel-Loc and Mr. Doxanas own, lease, lease to, or operate the Diner, such that each is a public accommodation within the meaning of title III of the ADA. 42 U.S.C. S 12181(7)(B); 28 C.F.R. S 36.104. 6. The subject of this settlement agreement is the removal of architectural barriers from the Diner. Architectural barriers prevent or restrict access to the Diner by individuals with disabilities, including individuals who use wheelchairs, in that several features, elements, and spaces of the Diner are not accessible to or usable by individuals with disabilities, as specified in the Department of Justice's title III implementing regulation ("the regulation"). See 28 C.F.R. S 36.406 and the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). FACTUAL BACKGROUND 7. As part of the Department's investigation of the complaint filed against the Diner, representatives of the Public Access Section conducted an on-site inspection of the Diner. The Department subsequently identified a number of architectural 01-05543 barriers to access at the Diner. In March 1994, the Department advised Bel-Loc and Mr. Doxanas that it had found a pattern or practice of discrimination in their failures to remove architectural barriers. Since that time, Bel-Loc, Mr. Doxanas, and the United States have engaged in good faith negotiations in an effort to resolve this dispute expeditiously without resort to costly and protracted litigation. As the result of these negotiations, Bel-Loc and Mr. Doxanas have agreed to remove architectural barriers at the Diner as specified below. 8. The United States believes that the failure to remove barriers to access violates title III of the ADA. Bel-Loc and Mr. Doxanas deny that they have 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 Bel-Loc or by Mr. Doxanas that either has violated title III of the ADA, and should not be construed as such. ARCHITECTURAL BARRIERS AT BEL-LOC DINER, INC. 9. Subsequent to January 26, 1992, the Diner operated with a parking area and front entrance that were not accessible to, or usable by, individuals with disabilities. Specifically, the Department identified the following architectural barriers to access: a) There were no accessible parking spaces for individuals with disabilities; b) There was no accessible route of travel from the parking lot to the main entrance of the Diner, as all entrances to the Diner required negotiating steps; and c) Neither leaf of the interior vestibule door at the main entrance to the Diner provided an adequate clear opening width. 10. The parties agree that it is readily achievable to remove the barriers to access identified in paragraph 9. ACTIONS TO BE TAKEN BY BEL-LOC DINER, INC. 11. In order to remove the barriers to access located in the parking lot in front of the Diner, and at the entrance to the Diner, as indicated in paragraph 9, Bel-Loc Diner, Inc., and Mr. William Doxanas agree: a) No later than the effective date of this agreement, to provide two accessible parking 2 01-05544 spaces, including one van accessible space, in the Diner's parking lot; b) No later than December 1, 1994, to construct a ramp providing access to the Diner's main front entrance; c) No later than December 1, 1994, to modify or replace the interior double-leaf doors in the Diner's front entry vestibule, such that at least one active leaf provides 32" clear width when opened 90 degrees; d) At all times after provision of the accessible parking spaces and accessible route specified above, to mainain 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; and e) At all times after provision of the accessible parking spaces specified 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. 12. 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. IMPLEMENTATION AND ENFORCEMENT OF THIS AGREEMENT 13. 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. 14. 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 Bel-Loc and Mr. Doxanas, 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 3 01-05545 raised within 45 days of the date it raises the issue or issues with Bel-Loc and Mr. Doxanas, it may institute a civil action in federal district court. 15. 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. 16. This agreement shall be enforceable in United States District Court for the District of Maryland. 17. This agreement is a public document. Copies of this 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 upon request. 18. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Bel-Loc Diner, Inc., and its successors in interest, and Bel-Loc Diner, Inc., has a duty to so notify all such successors in interest. 19. This document 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 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 Mr. Doxanas and Bel-Loc to comply with all aspects of the Act. Specifically, this agreement does not affect the duties of Mr. Doxanas and Bel-Loc with regard to the alterations and new construction requirements of the Act, nor with regard to barrier removal in other parts of the Diner not mentioned herein or in any other facility owned or operated by Mr. William Doxanas or Bel-Loc. 4 01-05546 20. The signer of this document for Bel-Loc represents that he or she is authorized to bind Bel-Loc to this agreement. For Bel-Loc Diner, Inc., For the United States: and Mr. William Doxanas: Mr. William Doxanas John L. Wodatch Bel-Loc Diner L. Irene Bowen 1700 East Joppa Road Thomas M. Contois Baltimore, Maryland 21236 Public Access Section (410) 668-2525 Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Telephone: (202) 514-6014 Date Date 5 01-05547