SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MARQUEE VIDEO 1. This matter was initiated by a complaint filed with the United States Department of Justice against Marquee Video of Lacey, Washington ("Marquee"). The complaint was investigated by the Public Access Section of the Civil Rights Division of 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"). 2. The investigation determined that Marquee was in violation of title III of the ADA because it maintained an eligibility criteria that screened out or tended to screen out individuals with disabilities -- namely, Marquee required potential customers to present either a driver's license or military identification card to be eligible to rent videotapes and videotape players. As a result of Marquee's requirement that potential customers present either a driver's license or military identification card, individuals who do not drive because of their disabilities and individuals who are not eligible for military service because of their disabilities would not be able to rent videotapes or videotape players from Marquee on the same basis as individuals without disabilities. 3. By letter of July 26, 1993, the Public Access Section notified Marquee that it was in violation of title III of the ADA. By letter of August 12, 1993, Marquee agreed to change its policies and accept state-issued photo identification cards in lieu of driver's licenses and military identification cards. 4. Marquee denies that it has violated title III of the ADA, and this agreement does not represent, and should not be construed to represent, an admission of liability by Marquee. Nonetheless, in the interest of settling this matter, the Department and Marquee have entered into this agreement. Among other things, the Department and Marquee agree that the eligibility criteria requiring presentation of a driver's license or military identification card is not necessary to the goods or services being offered by Marquee, and that accepting state- issued photo identification cards is a reasonable modification of its policies and procedures which will not fundamentally alter the nature of the goods and services it provides. 5. The parties to this agreement are a) the United States of America, and b) Marquee Video, a videotape rental establishment in Lacey, Washington, and its owner, Dorothy M. Bunnell. 01-07621 6. Marquee is a sole proprietorship owned by Dorothy M. Bunnell, with its principal place of business at 4710 Yelm Highway, S.E., Lacey Washington, 98503. 7. Marquee is a place of public accommodation as defined in section 301(7)(E) of the Act and section 36.104 of the Department's implementing regulation. 42 U.S.C. S 12181; 28 C.F.R. S 36.104. As the owner and operator of Marquee, Bunnell is a public accommodation within the meaning of title III of the ADA. 42 U.S.C. S 12181; 28 C.F.R. S 36.104. 8. At all times after the effective date of this agreement, and in all situations in which it would otherwise require presentation of a driver's license or military identification card, Marquee agrees to accept photo identification cards issued by the state of Washington in lieu of a driver's license or military identification card, and to apply to holders of such photo identification cards the same terms and conditions that it applies to holders of driver's licenses and military identification cards. 9. Marquee acknowledges that 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. 10. 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 with Marquee and attempt to resolve the issue in good faith. If the Department is unable to reach a satisfactory resolution of the issues, it may institute a civil action in federal district court. If the government demonstrates in such a proceeding that Marquee has failed to comply with any portion of this agreement, Marquee shall be liable to the United States for a civil penalty in an amount of no less than $2,000.00. 11. 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. 12. In the event that Marquee fails to comply with any requirement of this agreement, all terms of this agreement shall become enforceable in the United States District Court for the Western District of Washington. Agreement between the United States and Marquee Video Page 2 13. No later than ten days after the effective date of this agreement, Marquee shall adopt the statement attached to this agreement as Attachment A regarding its policy for providing goods and services to individuals with disabilities, and shall incorporate that statement into its rental policies. Marquee shall promptly implement this policy, and make it known to all of its employees. 14. This agreement is a public document. Copies of this document and any information contained in it may be made available to any person at any time. The Department shall provide a copy of this agreement to any person on request. 15. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Marquee and its successors in interest, and Marquee has a duty to so notify all such successors in interest. 16. This agreement 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 Marquee to comply with all aspects of the Act. Agreement between the United States and Marquee Video Page 3 01-07623 17. The signer of this document for Marquee represents that he or she is authorized to bind Marquee to this agreement. For Marquee Video: For the United States: (Signature) (Signature) Dorothy M. Bunnell James P. Turner Owner Acting Assistant Attorney General for Civil Rights Marquee Video 4710 Yelm Highway, S.E. John L. Wodatch Lacey, Washington 98503 Joan A. Magagna (206) 456-5242 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 11-1-93 Date 1/13/94 Agreement between the United States and Marquee Video Page 4 01-07624 MARQUEE VIDEO STATEMENT REGARDING PROVISION OF GOODS AND SERVICES TO INDIVIDUALS WITH DISABILITIES It is the policy of Marquee Video to rent videotapes and videotape players, and to provide service to its customers, without regard to disability. To this end, Marquee will accept from its customers photo identification cards issued by the State of Washington on the same basis as it accepts driver's licenses and military identification cards. Individuals who present state photo identification cards will be entitled to rent videotapes and videotape players under the same terms and conditions as individuals who present either driver's licenses or military identification cards. Neither Marquee nor its employees will ask any individual who presents a state photo identification cards whether he or she has a disability. Finally, while Marquee reserves the right to refuse service to anyone, Marquee will not refuse to serve any individual because that individual has or may have a disability. Agreement between the United States and Marquee Video Attachment A 01-07625