SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND PALACE SPORTS AND ENTERTAINMENT, LLC, REGARDING THE PALACE OF AUBURN HILLS

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 The Palace of Auburn Hills ("The Palace"), a sports and entertainment stadium venue located at 6 Championship Drive, Auburn Hills, Michigan 48326, 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 The Palace 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"), issue findings, and where appropriate, negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized under 42 U.S.C. §12188(b)(1)(B) to bring a civil action enforcing title III of the ADA should the Department of Justice fail to secure voluntary compliance.

3. The parties to this Agreement are the United States of America and Palace Sports and Entertainment, LLC, ("PSE"), the owner and operator of The Palace.

4. 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. §3604.402-404; 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.

5. The Palace is a "place of public accommodation" within the meaning of title III of the ADA, because it is a "stadium, or other place of exhibition entertainment." 42 U.S.C. §12181(7)(C); 28 C.F.R. §36.104(3). PSE, as the owner and operator of The Palace, is also a public accommodation within the meaning of the ADA. 28 C.F.R. §36.104.

6. The Palace 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 those portions should have been altered in such a manner that they are readily accessible to and usable by individuals with disabilities. 42 U.S.C. §12183(a).

7. The United States investigated the complaints it received and also initiated a compliance review of The Palace, pursuant to the Attorney General's authority under 42 U.S.C. §12188(b).

8. The United States reviewed architectural plans and other information provided by PSE, and conducted a site visit of The Palace on August 26-27, 2010. The results of the site visit, which were shared with PSE, revealed a number of architectural barriers to access in and around the Palace. 42 U.S.C. §12182(a); 28 C.F.R. §36.201(a).

9. The United States used the 1991 Standards to identify what constituted an architectural barrier, see 28 C.F.R. §36.304, but any remedies for the identified barriers implemented by the Palace under this Agreement shall be in compliance with the 2010 Standards. Id.

10. Since receiving a notice of this investigation, PSE has cooperated with the United States throughout the investigation and with requests to remove barriers to access where it was readily achievable to do so.

11. The parties agree that the settlement of this matter and entry of this Agreement does not constitute an admission of any violation, liability or wrongdoing by PSE. The parties enter into this Agreement in the spirit of cooperation, and in furtherance of their shared commitment to accessibility and to the ADA.