SETTLEMENT AGREEMENT BETWEEN AND AMONG THE UNITED STATES OF AMERICA, [redacted], THE CITY OF HARTFORD, et al., UNDER THE ADA

I. Background

1. The Parties to this Settlement Agreement (“Agreement”) are the United States of America (“United States“), [redacted] (“[redacted]”), the City of Hartford (the “City”), Connecticut Innovations, Incorporated (“CI”) (formerly Connecticut Development Authority or CDA), AEG Management CT LLC (“AEG”), Northland Trumbull Block LLC and Northland Tower Block LLC (together, “Northland”), and the University of Connecticut (the “University”) (hereinafter collectively referred to as the “Parties”).

2. The subject of this Agreement is the XL Center, a stadium located in Hartford, Connecticut, with a seating capacity of approximately 16,000. The structure, originally called the Hartford Civic Center, was built between 1971 and 1975 and first opened on January 9, 1975. On January 18, 1978, the roof of the Civic Center collapsed, and it was closed for renovations until February 6, 1980. As relevant to this Agreement, additional renovations to the stadium occurred in or about 1994 (sky box), 1996 (ticket sales area), 1997 (team locker rooms), 2000 (Coliseum Club), 2003 (concession area), and 2005 (concourse restrooms). The Civic Center was renamed the XL Center in 2007.

3. The City, the University and CI are public entities covered by title II of the Americans with Disabilities Act (“ADA”). Northland and AEG are private entities covered by title III of the ADA.

4. Due to the ownership/leasehold structure of the XL Center, as described below, entities covered by title II of the ADA and entities covered by title III of the ADA are liable for the facility’s compliance with the ADA.

5. The ownership/leasehold structure of the XL Center site (“XL Center Site”), which is the city block bounded by Trumbull, Asylum, Ann Uccello (formerly Ann) and Church Streets in Hartford, Connecticut, is as follows:

   1. The land is owned by the City.

   2. The Veterans Memorial Coliseum, the Exhibition Hall, the Assembly Hall, the private parking level known as P3, the Coliseum Club, the Skyboxes and related areas (the “XL Center Improvements”) are owned by the City and leased to CI.

   3. CI has subleased the XL Center Improvements to AEG, and AEG also manages the XL Center Improvements.

   4. Northland has an air space lease from the City for the remainder of the XL Center Site. Northland has redeveloped the former Civic Center Mall and built a residential tower on the site (the “Northland Improvements”). Northland owns the Northland Improvements. The Northland Improvements also include the public parking levels known as P1 and P2.

   5. There are several cross-easements for use by CI of certain spaces within the Northland Improvements, and for use by Northland of certain spaces within the XL Center Improvements. For example, the atrium/lobby area outside of the southeast entrance to the Coliseum and the box office is actually within the Northland Improvements area, and CI has easement rights for Coliseum patrons to use this area.

6. This matter began with a complaint filed by [redacted] with the United States alleging that the XL Center is in violation of the ADA, in that it contains architectural barriers to access by individuals with disabilities (the “Complaint”). More specifically, the Complaint alleged that the XL Center is not accessible to patrons who use wheelchairs in that it does not contain accessible seating that provides an acceptable line of sight; its toilet rooms, concession counters, and drinking fountains are not accessible; and its accessible parking is insufficient or deficient. The Complaint additionally alleged that the University is in violation of title II of the ADA when it holds basketball games and other events sponsored by the University at the XL Center due to the XL Center’s inaccessible features. Finally, the Complaint alleged that the ticketing policies of the XL Center, and the University with respect to University events held at the XL Center, violate the ADA in that they do not permit the purchase of tickets for accessible seats at the same times and by the same methods as the purchase of regular tickets.

7. Title II of the ADA prohibits State and local governments from discriminating against any individual with a disability, on the basis of disability, by excluding such individual from participation in or denying such individual the benefits of the services, programs, or activities of the public entity. 42 U.S.C. § 12132; 28 C.F.R. § 35.130(a). No qualified individuals with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any public entity. 28 C.F.R. § 35.149.

8. Title III of the ADA provides that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. § 12182(a). Under title III of the ADA, covered entities must remove architectural barriers to access where such removal is readily achievable. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304. Title III further provides that any alteration to a place of public accommodation or a commercial facility, after January 26, 1992, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 28 C.F.R. § 36.402-403.

9. The United States is authorized to investigate alleged violations of titles II and III of the ADA, and to bring a civil action in federal court if the United States is unable to secure voluntary compliance. 42 U.S.C. §§ 12133, 12188.

10. The United States conducted an investigation which included review of the architectural information and on-site inspections of the XL Center on February 23-24, 2011 and August 17, 2012.

11. The United States identified certain alleged ADA violations in a letter of findings to counsel for the owners and operators of the XL Center dated June 9, 2011.

12. In response to the Complaint and following the United States’ investigation, the owners, operators, lessors, and lessees of the XL Center (currently, the City, CI, AEG and Northland) (collectively, the “XL Center Parties”) have made modifications to the XL Center to address many of the alleged violations. The XL Center Parties have agreed to make certain additional modifications to the XL Center, which additional modifications are specified in paragraph P to this Agreement.

​The modifications to the XL Center which have already been made include, but are not limited to, the following: Interior doors that are required for passage have been adjusted so that no more than 5 pounds force is required to open them; automatic faucets were installed on all accessible lavatories in each toilet room and piping underneath each lavatory was covered; accessible lavatories with self-closing faucets have been modified so that they remain open for at least 10 seconds; automatic flushers were installed on accessible urinals and toilets; baby changing stations were lowered to the required height in all restrooms where located; accessible signs in accessible locations have been mounted at doors at exit passageways, exit discharge, and exit stairways; room identification signs and soda vending machines have been lowered so that controls are ADA compliant; objects, including signs, that were protruding into the circulation path by more than 4” (with undersides more than 27” above the floor) have been corrected or protected by a barrier to prevent collisions; mirrors in toilet rooms have been lowered so that the reflective edge is within 40” of the floor and controls such as towel dispensers have been moved to within 48” of the floor; accessible condiment tables and accessible bottled water fountains have been added to the stadium; and both a visual alarm system and an assisted listening system have been installed. The XL Center Parties agree to maintain these areas as well as others modified in accordance with this Agreement in compliance with the ADA.

13. In response to the Complaint and following the investigation, AEG and the University also have modified their ticketing policies and procedures to make them compliant with the ADA and regulations thereunder (sic). Title II and title III provide respectively that a public entity and/or public accommodation that sells tickets for a single event or series of events shall modify its policies, practices, or procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating, during the same hours, the same stages of ticket sales, 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. § 35.138; 28 C.F.R. § 36.302(f).

14.  The Parties now desire to resolve the remaining claims made in the Complaint consistent with this Agreement. In consideration of the terms of this Agreement, the United States and [redacted] agree to refrain from undertaking further action based on the Complaint, except as provided in Paragraph U. [redacted] specifically agrees to withdraw her complaint with the Connecticut Commission on Human Rights and Opportunities.