SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA

I. BACKGROUND AND JURISDICTION

1. This matter was initiated as a result of complaints filed under title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12181-12189, with the United States Attorney’s Office for the Eastern District of Michigan, a component of the United States Department of Justice (“United States”), alleging that Joe Louis Arena, a sports and entertainment stadium venue located at 19 Steve Yzerman Drive, Detroit, MI 48226, was in violation of the ADA, because it contained physical barriers to accessibility.

2. The United States Department of Justice is authorized under 42 U.S.C. §12188(b)(1)(A) to investigate the allegations of the complaints in this matter to determine the compliance of Joe Louis Arena with title III of the ADA, as amended, 42 U.S.C. §§12181-12189, and its implementing regulations, 28 C.F.R. Part 36, including the ADA Standards for Accessible Design published in September 2010, (“the 2010 Standards”).  See also, 28 C.F.R. §36.502.  Furthermore, the Attorney General is authorized under 42 U.S.C. §12188(b)(1)(B) to bring a civil action in federal court if there is reasonable cause to believe that any person is engaged in a pattern or practice of discrimination in violation of the ADA or any person or group of people has been discriminated against in violation or the ADA.  See also, 28 C.F.R. §36.503.

3. The United States investigated the complaints it received and also initiated a compliance review of Joe Louis Arena, pursuant to the Attorney General’s authority under 42 U.S.C. §12188(b).  See also, 28 C.F.R. §36.502. 

4. The parties to this Settlement Agreement are the United States of America and Olympia Entertainment, Inc., (“Olympia”), as lessee and operator of Joe Louis Arena.

5. Title III of the ADA bans discrimination against persons with disabilities by owners or operators of places of public accommodation, 42 U.S.C. §12182(a), and establishes an ongoing requirement by such owners and operators to, among other things:  remove architectural barriers to access where such removable is “readily achievable,” id. at §12182(b)(2)(A)(iv), 28 C.F.R. §36.304; provide alternative methods to make goods and services available where it is deemed not readily achievable to remove barriers, 42 U.S.C. §12182(b)(2)(A)(v), 28 C.F.R. §36.305; make required alterations to facilities readily accessible to and usable by individuals with disabilities to the maximum extent feasible, 42 U.S.C. §12183(a)(2), 28 C.F.R. §36.402-404; provide appropriate and necessary auxiliary aids and services, 42 U.S.C. §12182(b)(2)(A)(iii), 28 C.F.R. §36.303; and reasonably modify policies and practices so as to ensure “full and equal enjoyment” of their goods and services by individuals with disabilities, 42 U.S.C. §12182(a) and (b)(2)(A)(ii), 28 C.F.R. §§36.201-202.

6. Joe Louis Arena is the home of the National Hockey League professional hockey team, the Detroit Red Wings.  It also hosts other live entertainment events such as music concerts and includes restaurants, bars, and beverage and merchandise concessions (“Entertainment Operations”).  Accordingly, the United States alleges that it is a “place of public accommodation” within the meaning of title III of the ADA, as a “stadium, or other place of exhibition entertainment.”  42 U.S.C. §12181(7)(C); 28 C.F.R. §36.104(3).  The United States also alleges that Olympia, as the lessee and operator of Joe Louis Arena, is a public accommodation within the meaning of the ADA. 42 U.S.C. § 12182; 28 C.F.R. §36.104.

7.  The United States alleges that Joe Louis Arena is an existing facility originally constructed prior to the effective date of the ADA, and so is subject to the “readily achievable” barrier removal provisions of the ADA at 42 U.S.C. §12182(b)(2)(iv)-(v) and 28 C.F.R. §36.304.  However, portions of the facility were altered after January 26, 1992, and the United States alleges that those portions of the facility should have been altered in such a manner that they are readily accessible to and usable by individuals with disabilities, to the maximum extent feasible.  42 U.S.C. §12183(a); 28 C.F.R. §§36.402-403.  In addition, the United States alleges that accessible seating should have been provided in each specialty seating area that provides spectators with distinct services or amenities that generally are not available to other spectators. 28 C.F.R. § 36.308.

8. The United States reviewed architectural plans and other information provided by Olympia, and conducted a site inspection of Joe Louis Arena on August 14-15, 2012.  The site inspection covered all areas of the Joe Louis Arena facility, including parking lots, entrances, corridors, restrooms, drinking fountains, locker rooms, dressing rooms, suites, concession areas, press areas, eating counters, ticketing and reception areas, first aid area, food courts, bars and restaurants, and the seating areas in the Arena.  The results of the site inspection were shared with Olympia.

9. In the course of its investigation, the United States alleges that it found a number of architectural barriers to access in and around Joe Louis Arena.  The United States informed Olympia of its contention that the failure to remove barriers violates title III of the ADA as these barriers discriminate against individuals with a disability “in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations” of Joe Louis Arena.  42 U.S.C. §12182(a); 28 C.F.R. §36.201(a).  Olympia has disputed and denied violation of and liability for alleged violations of title III of the ADA

10. The 1991 Standards have been used to determine barriers to access at the Joe Louis Arena.  Elements that are identified as allegedly noncompliant with the requirements of the 1991 Standards shall be modified to comply with the 2010 ADA Standards for Accessible Design (“2010 Standards”) as specifically provided for in this Settlement Agreement.  See 28 C.F.R. §§ 36.104, 36.406(a)(5).

11. Olympia has cooperated with the United States throughout its investigation.

12. Olympia has represented that due to the age and condition of Joe Louis Arena, it intends to cease its Entertainment Operations at Joe Louis Arena on or about the end of the 2016/2017 National Hockey League Season inclusive of playoff games (“NHL Season”) upon the construction of a new facility for uses similar to its current Entertainment Operations (the “Events Center”).  

13. At this time, it is anticipated that the construction of the Events Center will commence sometime between the Fall of 2014 and the Spring of 2015, with operations and events estimated to commence sometime between the Fall of 2017 and the Spring of 2018. 

14. The Events Center is to be owned by the Detroit Downtown Development Authority (the “Authority”).  Olympia Development of Michigan, LLC, a company affiliated with Olympia, which is not a party to this Settlement Agreement, has entered into a concession agreement with the Authority pursuant to which Olympia (or an entity affiliated with Olympia) will operate and manage the Events Center once it is fully and completely constructed and approved for occupancy. 

15. Olympia represents that it is committed to ensuring that the Events Center fully complies with the ADA and all applicable lawful regulations and agrees to be bound under this Agreement with regard to the Events Center as provided in paragraphs 14, 15, and 42(a)-(e).  Olympia further commits that it will enter into an agreement with Olympia Development of Michigan, LLC requiring Olympia Development of Michigan, LLC to be bound to Olympia for the purpose of complying with terms of paragraphs 42 (a)-(e) of this Settlement Agreement.  Any failure by Olympia to secure such an agreement will not affect Olympia’s obligations under this Settlement Agreement.

16. Based upon these representations, Olympia and the United States as the parties to this Settlement Agreement seek to afford immediate benefits to individuals with disabilities, while also addressing the contingencies to which such representations give rise, namely, (i) the construction of the Events Center to replace the use of Joe Louis Arena, and (ii) the inability to execute the planned relocation in accordance with Olympia’s anticipated schedule. 

17. Accordingly, pending relocation, Olympia will implement certain changes to Joe Louis Arena as described in this Settlement Agreement that will, among other things, benefit individuals with disabilities attending events at Joe Louis Arena during and for the time periods of October 1, 2014-September 30, 2015; October 1, 2015-September 30, 2016; and October 1, 2016-September 30, 2017 (each of the foregoing time periods shall be referred to as an “Entertainment Season”), or any part of such Entertainment Season in the event that Olympia relocates its Entertainment Operations during the term of the Entertainment Season.

18. Should the planned relocation not occur in accordance with Olympia’s anticipated schedule as set forth in paragraph 13, Olympia is committed to making reasonable, prudent and feasible additional changes to Joe Louis Arena to bring the facility into compliance with the requirements of the ADA to the extent required by applicable law, beginning with the October 1, 2017-September 30, 2018 Entertainment Season, subject to additional good faith negotiations with the United States. 

19. The parties agree that the settlement and entry of this Settlement Agreement does not constitute an admission of liability by Olympia or Olympia Development of Michigan, LLC, as any fault and liability is specifically denied, but is intended solely to avoid the burdens and expenses of further investigation and possible litigation by the United States.  The United States and Olympia agree that entry into this Settlement Agreement, without engaging in litigation at this time, is in the public interest.