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

II. SPECIFIC ACTION TO BE TAKEN BY OLYMPIA:

20. In the time since Olympia was first notified of the United States’ investigation of Joe Louis Arena, Olympia significantly improved accessibility to the restrooms on the Concourse level by completing its previously-planned renovation of those restrooms.

21. In order to resolve this matter, Olympia agrees to take the following additional steps to remove barriers to access at Joe Louis Arena according to the deadlines stated below.  For actions that have no specific deadline, Olympia shall complete them as soon as practicable but no later than prior to the commencement of the October 1, 2014-September 30, 2015 Entertainment Season, and shall continue for as long as Olympia or its successor in interest operates Joe Louis Arena, except where noted.

A. Arena Assembly Seating:

22. By October 1, 2014, Olympia shall provide not less than forty- five (45) wheelchair accessible seats (“Wheelchair Seats”) in accordance with Exhibit 1 attached hereto.

23. At least one (1) companion seat (“Companion Seat”) shall be provided for each Wheelchair Seat.   Each Companion Seat shall be located to provide shoulder alignment with the adjacent Wheelchair Seat as shown on Exhibit 1.  The floor surface of the Companion Seat shall be at the same elevation as the floor surface of the Wheelchair Seat.  The Companion Seats shall be equivalent in size, quality, comfort, and amenities to the seating in the immediate area.  The Companion Seats shall be permitted to be movable.  See the 2010 Standards §§ 221.3, 802.3.1 and 802.3.2.

B. Ticket Policies and Pricing:

24. As more specifically described in paragraphs 25 through 29 of this Settlement Agreement, Olympia shall ensure that its ticketing and pricing policies, practices, and procedures for events at Joe Louis Arena afford individuals with disabilities the opportunity to participate in, and benefit from, Joe Louis Arena’s goods and services in a manner comparable to that afforded to other individuals. 28 C.F.R. §36.302(f).

25. Olympia shall ensure that individuals with disabilities have an equal opportunity to purchase tickets for a Wheelchair Seat and adjacent Companion Seat during the same hours, during the same stages of ticket sale, through the same methods of distribution, in the same types and numbers of ticketing sales outlets, and under the same terms and conditions as other tickets sold for the same event or series of events. 28 C.F.R. §36.302(f)(1)(ii).

26. Commencing within thirty (30) days from execution of this Settlement Agreement, Olympia shall ensure that tickets for all Wheelchair Seats and the adjacent Companion Seat will be available for purchase through Ticketmaster in a manner comparable to that afforded to the purchase of general seats. 28 C.F.R. §36.302(f)(1)(ii).

27. Olympia shall allocate and offer the prices of tickets for each Wheelchair Seats and for each adjacent Companion Seats in proportion to the number of general seats in each of price categories as identified in Exhibits 1 and 2, attached hereto.  See 28 C.F.R. §36.302(f)(3).  It is agreed that the price categories and related pricing are subject to change on an annual basis, but will always be proportional to the number of general seats.

28. For each Wheelchair Seat ticket purchased by an individual with a disability, Olympia shall allow the purchase of one Companion Seat as provided in paragraph 23 of this Settlement Agreement.  To the extent the purchaser of the Wheelchair Seat wants additional seating for his or her companions,  Olympia must offer other seats as close as possible to the Wheelchair Seats but such additional seats are not required to be in the areas identified in Exhibit 1 as being established as Wheelchair Seats.  If the additional seats are in a different price category than the Wheelchair Seat, the venue is not required to modify the price and may charge the same price as it charges others for those seats.  However, for any event where Olympia limits ticket sales to fewer than four tickets, those limits shall also apply to tickets for Wheelchair and Companion Seats

29. For all events at Joe Louis Arena, if there are any unsold tickets for Wheelchair Seats and/or adjacent Companion Seats twenty-four (24) hours before commencement of the event, Olympia shall have the right to release such tickets to the general public.  28 C.F.R. §36.302(f)(5).  However, Olympia shall allocate any unsold Wheelchair or Companion Seats in accordance with paragraph 28 before such seats are released to the general public.

30. When all non-accessible series-of-event tickets are sold out and accessible seats have not been sold, Olympia may release and sell the remaining accessible seats to individuals without disabilities for a series of events.  However, Olympia shall establish a process that prevents the automatic reassignment of the accessible seating to such ticket holders without disabilities for future seasons so that individuals with disabilities who require the features of accessible seating and who become newly eligible to purchase tickets when these series-of-event tickets are available for purchase, have an opportunity to do so.  28 C.F.R. §36.302(f)(5)(iii).

31. Per 28 C.F.R. §36.302(f)(8), Olympia may not require proof of disability, including, for example, a doctor’s note, before selling tickets for a Wheelchair  Seat.  For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the ticket for a Wheelchair Seat has a mobility disability or other disability that requires the use of accessible features that are provided in the Wheelchair Seat.  For series-of-events tickets, it is permissible for Olympia to ask the individual purchasing the tickets for the Wheelchair Seats to attest in writing that the Wheelchair Seat is for a person who has a mobility disability or other disability that requires the use of accessible features that are provided in by the Wheelchair Seats.  Olympia may also investigate the potential misuse of the Wheelchair Seats where there is good cause to believe that such seating has been purchased or used fraudulently.

C. Architectural Barrier Removal (Non-seating)

32. Olympia shall address certain of Joe Louis Arena’s architectural barriers to access, including parking, signage, entrances, locker rooms, first aid rooms, rest rooms, restaurants, clubs, drinking fountains, and concessions and merchandise sales counters in accordance with Exhibit 3 attached hereto.

33. As soon as possible, but in no event later than October 1, 2014, Olympia shall have completed modifications to Joe Louis Arena to remove architectural barriers as specified in Exhibit 3 to ensure that individuals with disabilities have access to the services, conveniences, and amenities of Joe Louis Arena as specified in Exhibit 3. 

D. Assisted Listening Devices:

34. By October 1, 2014, Olympia shall provide no less than forty-nine (49) fully functional receivers for assisted listening systems (“Assisted Listening Devices”) available for patrons with a hearing disability.  See the 2010 Standards §219.3.  Olympia shall ensure that the Assisted Listening Devices remain in good working order and any defects or issues are resolved expeditiously.  By October 1, 2014, Olympia shall also ensure that it provides the appropriate signage at entrances and ticket windows at Joe Louis Arena, notifying patrons of the availability of the Assisted Listening Devices.  See the 2010 Standards §216.10.

E. ADA Coordination and Training:

35. Olympia shall designate one or more individuals to coordinate, among other things, efforts to assist persons with disabilities with respect to the accessibility of Joe Louis Arena’s services and facilities, including the purchase of tickets.  Olympia will have at least one representative knowledgeable in all aspects of accessibility available, either in person at Joe Louis Arena or by telephone on the day of every event at Joe Louis Arena, for the duration of the event.

36. Olympia shall train all present and future staff who work at Joe Louis Arena on any ADA issues relevant to their position at Joe Louis Arena, including but not limited to:  (1) location of accessible seating and restrooms; (2) location of accessible routes into and throughout Joe Louis Arena, where all routes are not accessible; (3) location and use of accessibility equipment (e.g., Assistive Listening Devices, TTY’s, etc.); (4) ticketing policies regarding accessible seating for individuals with disabilities; (5) maintenance of accessible routes; (6) the requirements of this Settlement Agreement and changes to policies and procedures arising from this Settlement Agreement; and (7) that Olympia expects its employees to comply with the Settlement Agreement and reserves the right to take personnel actions, reprimand, or terminate any employee who violates or causes a failure to comply with the requirements of this Settlement Agreement.  Olympia shall ensure that all present Olympia employees working at Joe Louis Arena are trained in ADA issues by October 1, 2014; that all future Olympia employees working at Joe Louis Arena are trained in these issues within fourteen (14) days of their first date of employment; and that Olympia employees are trained on an annual basis at a date and time selected by Olympia in their sole discretion.

F. Publicity

37. Commencing within ten (10) days from execution of this Settlement Agreement, and continuing as long as its Entertainment Operations take place in Joe Louis Arena, Olympia shall publicize the availability, pricing, and locations of the Wheelchair and Companion Seats, and Assistive Listening Devices in all event schedules, pamphlets, programs, advertisements and publications, including Olympia’s websites, that contain information concerning seating at Joe Louis Arena, and by posting signs at the ticket booths, ticket windows, and all public entrances stating the availability of  the Wheelchair Seats, Companion Seats, accessible bathrooms, and Assistive Listening Devices in Joe Louis Arena once they are provided.

38. For calendar years 2014 through 2017 (and 2018 only if Entertainment Operations are still continuing at Joe Louis Arena by such time), Olympia shall provide advertising at value of not less than $10,000 each year to advertise the availability of Wheelchair Seats and Companion Seats.  Such advertisement shall be expressly directed, through appropriate print publications, radio or television programs, or internet websites, to the mobility impaired community, and may be directed, in whole or in part, through outlets owned or controlled by Olympia (“in-kind advertising”).  To the extent any advertising is “in-kind,” Olympia’s compliance with this paragraph shall be measured by the fair market value of the advertising time used.  Olympia shall certify to the United States as to its expenditure of advertising funds and to the value of any in-kind advertising.