SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 BETWEEN THE UNITED STATES OF AMERICA AND RICHARD SCRABIS, OWNER OF THE BLUE PARROT INN, KEY WEST, FLORIDA, for Complaint XXX XXXXXXX Background 1. This matter was initiated by a complaint, dated March 22, 1994, filed with the Public Access Section of the Civil Rights Division of the United States Department of Justice (the "Department"), against the Blue Parrot Inn, under the Americans with Disabilities Act of 1990, 42 U.S.C.  12188 ("ADA"). The complaint alleged that the Blue Parrot Inn violated title III of the ADA by charging guests with disabilities accompanied by service animals a fee for flea extermination. Intention of the Parties to Effect Settlement 2. The parties to this agreement are the United States of America and Richard Scrabis, for the Blue Parrot Inn. 3. The parties enter into this settlement agreement in order to avoid litigation and hereby agree as follows: Jurisdiction 4. Title III of the ADA applies to Richard Scrabis because he owns and operates a place of public accommodation and is, therefore, a public accommodation as defined in section 301(7) of the ADA and section 36.104 of the regulation promulgated under title III of the ADA (the "Regulation"). 28 C.F.R.  36.104. 5. The subjects of this settlement agreement are: (a) the elimination of eligibility criteria, pursuant to section 302 (b) (2)(A)(i) of the ADA and section 36.301 of the Regulation; and (b) the modification of policies, practices, or procedures, pursuant to section 302 (b)(2)(A)(ii) of the ADA and section 36.302 of the Regulation. Statement of the Facts 6. The Blue Parrot Inn is a place of lodging located at 916 Elizabeth Street in Key West, Florida, and is owned and operated by Richard Scrabis. 7. The Blue Parrot Inn has ten rooms available for rent. 8. The Complainant is blind, and uses a service dog. She is an individual with a disability within the meaning of section 3(2) of the ADA. 01-04773 9. On March 22, 1994, and at times prior to that date, the Blue Parrot Inn maintained a policy of charging persons with disabilities who were accompanied by service animals a $25 "maintenance fee" for flea eradication. 10. The Department received a complaint, dated March 22, 1994, alleging that the Blue Parrot Inn charged the Complainant a $25.00 surcharge. The Department of Justice alleges that the Blue Parrot Inn thereby violated the ADA because the policy: (a) tended to exclude persons who use service animals from the full enjoyment of the Blue Parrot Inn's services and facilities, and the policy was not necessary to the Blue Parrot Inn's operation; and (b) modification of the policy was necessary for the provision of the Blue Parrot Inn's services to persons who use service animals and would not pose an undue burden or fundamentally alter the nature of the Blue Parrot Inn's services. 11. The parties agree that the Blue Parrot Inn's modification of policy to permit persons with disabilities accompanied by service animals to stay at the Inn without paying the $25.00 service fee would not pose an undue burden to the Blue Parrot Inn, nor would it fundamentally alter the nature of the Blue Parrot Inn's services or facilities. 12. The parties agree that it would not be an undue burden to the Blue Parrot Inn or a fundamental alteration to the nature of its services or facilities to formally notify employees, guests, and potential guests of the policy permitting persons with disabilities accompanied by service animals to stay at the Blue Parrot Inn without paying any additional fees. Actions to be Taken by the Blue Parrot Inn 13. The Blue Parrot Inn agrees to notify each of its employees in writing of the new policy that persons with disabilities accompanied by service animals are welcome to stay at the Blue Parrot Inn without being charged any additional fees. 14. The Blue Parrot Inn further agrees to notify each of its guests in writing of the new policy that persons with disabilities accompanied by service animals are welcome to stay at the Blue Parrot Inn without being charged any additional fees. 15. The Blue Parrot Inn further agrees to post a prominent and obvious sign at each entrance to the Inn. The sign will state that persons with disabilities accompanied by service animals are welcome to stay at the Blue Parrot Inn without being charged any additional fees. 16. The Blue Parrot Inn further agrees to place a written notification in all employee rules, policy manuals, or handbooks. 2 01-04774 The notification will state that persons with disabilities accompanied by service animals are welcome to stay at the Blue Parrot Inn without being charged any additional fees. 17. The Blue Parrot Inn further agrees to place a written statement of its policy into any marketing or advertising brochures it distributes. The statement will say that persons with disabilities accompanied by service animals are welcome to stay at the Blue Parrot Inn without being charged any additional fees. 18. The Blue Parrot Inn further agrees to provide to the Department evidence, satisfactory to the Department, that it has completed the above obligations. This evidence will take the form of: a. Copies of the written notifications to employees, guests, and potential guests required by paragraphs 14, 15, 16, and 17, above. b. Photographs of the signs required by paragraph 15, above. c. Copies of the written notifications and statement required by paragraphs 13 through 17, above, and copies of the documents in which they are placed. 19. The Blue Parrot Inn agrees to pay Marj Schneider the sum of $250.00 (U.S. Currency) by certified check. The check is to be made payable to Marj Schneider, and is to be mailed by Express Mail, to: Marj Schneider 3937 Pleasant Ave. South Minneapolis, Minnesota 55409 A copy of the check and of the transmittal letter is to be mailed by certified mail, return receipt requested, to: Marc Dubin Trial Attorney U.S. Department of Justice Civil Rights Division Public Access Section P.O. Box 66738 Room 4042 Washington, D.C. 20035-6738 20. The Blue Parrot Inn agrees to complete all of the obligations in paragraphs 13 through 19, above, no later than 45 days from the date of the last signature affixed. 3 01-04775 Implementation and Enforcement of the Settlement Agreement 21. The Attorney General of the United States (the "Attorney General") is authorized, pursuant to section 308 (b)(1)(B) of the ADA, to bring a civil action under title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist of a matter of general public importance is raised. In consideration of the terms of this agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation of this complaint or from filing civil suit under title III in this matter. 22. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any requirement thereof has been violated, it may institute a civil action. 23. Failure by the Department to enforce this entire agreement or any provision thereof shall not be construed as a waiver of its right to do so with regard to any other provisions of this agreement. 24. In the event that the Blue Parrot Inn fails to comply in a timely fashion with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as to a temporary modification of the relevant terms of the agreement, all terms of this agreement shall become enforceable in United States District Court. 25. This document is a public agreement. A copy of this document, or any information concerning its contents, may be made available to any person. The Blue Parrot Inn or the Department shall provide a copy of this agreement to any person on request. 28. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on all of the Blue Parrot Inn's successors in interest, and the Blue Parrot Inn has a duty to so notify all such successors in interest. 29. The person who signs this agreement in a representative capacity for the Blue Parrot Inn represents that she or he is authorized to bind the Blue Parrot Inn to this agreement. 30. This agreement and any exhibits attached hereto 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 agents or either party, that is not contained in this written agreement, shall be enforceable. This agreement is limited to the facts set forth in paragraphs 6 through 12 above, and it does not purport to remedy any other potential violations of the ADA or any other 4 01-04776 federal law. This agreement does not affect the Blue Parrot Inn's continuing responsibility to comply with all aspects of the ADA. For the United States: Deval L. Patrick Assistant Attorney General for Civil Rights By:_________________________ Date: 11-4-94 John L. Wodatch Irene Bowen Marc Dubin Public Access Section Civil Rights Division U.S.Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-0663 For The Blue Parrot Inn: By:____________________________ Date: 10/31/94 Richard Scrabis, Esq. Owner/Operator The Blue Parrot Inn 916 Elizabeth Street Key West, Florida 33040 (305) 296-0033 September 19, 1994 (5:01 pm) N:\UDD\DUBINM\BLUEPARR\SETTLE 5 01-04777