United States of America v. Quiktrip Corporation - Consent Decree

I. BACKGROUND

A. Introduction

1. This Consent Decree is agreed to, by and between, Plaintiff United States of America and QuikTrip Corporation.

2. ​For purposes of this Consent Decree, QuikTrip Corporation is referred to as "QuikTrip" or "Defendant," the United States Department of Justice is referred to as "Department" or "United States," and Plaintiff United States and Defendant are referred to collectively as the "Parties."

3. This action was brought by the United States to enforce the provisions of Title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12181 - 12189 ("Title III"), and its implementing regulation, 28 C.F.R. pt. 36 ("Title III Regulation"), which includes the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, app. A (1991) (revised July 1, 1994) ("ADA Standards" or "Standards"). Defendant owns and operates more than 550 convenience stores and gas stations, and truck stop and travel center facilities, under the QuikTrip brand, located in at least nine states, including Arizona, Georgia, Iowa, Illinois, Kansas, Missouri, Nebraska, Oklahoma, and Texas. These facilities were designed, constructed, and/or altered by QuikTrip or by third party architects and contractors retained by QuikTrip. They are based on prototype design plans, and share common, and often identical, architectural elements and features. The United States' Complaint in this action alleges that QuikTrip has engaged in a pattern and practice of disability discrimination in violation of Title III of the ADA and the Title III Regulation by failing to design and construct facilities and failing to make alterations to facilities in compliance with the ADA Standards, and by failing to remove barriers to access for individuals at facilities where readily achievable to do so.

4. Defendant has its principal place of business at 4705 S. 129^th E. Avenue, Tulsa, Oklahoma 74134. Defendant is a private entity within the meaning of Section 301 of the ADA, 42 U.S.C. § 12181, and 28 C.F.R. § 36.104. The convenience stores, fuel stations, and truck stop and travel centers owned, operated, and/or altered by Defendant are places of public accommodation covered by Title III of the ADA. 28 C.F.R. § 36.104. Because Defendant owns, operates, designs, constructs, and alters places of public accommodation, Defendant is covered by, and subject to the requirements of, Title III of the ADA. 42 U.S.C. §§ 12181(7)(F), (7)(E), and 12183. For purposes of this Consent Decree, "QuikTrip Store" shall mean and refer to any place of public accommodation owned or operated by QuikTrip.

5. Defendant denies the allegations in the Complaint that it discriminated against the Complainants or other persons with disabilities. Defendant avers that it has defenses to each and every claim and that it voluntarily sought to remedy self-identified ADA violations prior to entering into this Consent Decree with the United States. Specifically, QuikTrip contends that it initiated an accessibility improvement program that it believes to be sufficient to comply with ADA requirements. The United States disagrees with QuikTrip's contentions. Defendant is entering into this Consent Decree to avoid the costs of further litigation with the United States. Nothing in this Consent Decree shall be interpreted as an admission of liability for violations of the ADA.

B. Relevant Provisions of the Americans with Disabilities Act

6. The ADA prohibits public accommodations, including those that own and operate convenience stores, fuel service stations, and truck stop and travel center facilities, from discriminating against individuals on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.

7. The ADA also prohibits the failure to design and construct convenience stores, fuel service stations, truck stop and travel center facilities, and other places of public accommodation and commercial facilities built for first occupancy after January 26, 1993, to be readily accessible to and usable by individuals with disabilities in accordance with the ADA Standards. 42 U.S.C. § 12183(a)(1); 28 C.F.R. §§ 36.401, 36.406(a).

8. The ADA further prohibits the failure to make alterations to convenience stores, fuel service stations, truck stop and travel center facilities, and other places of public accommodation and commercial facilities in such a manner that, to the maximum extent feasible, the altered portions of the facilities are readily accessible to and usable by individuals with disabilities in accordance with the ADA Standards. 42 U.S.C. § 12183(a)(2); 28 C.F.R. §§ 36.402, 36.403, 36.406(a).

9. The ADA additionally prohibits the failure to remove architectural barriers at convenience stores, fuel service stations, truck stop and travel center facilities, and other places of public accommodation where such removal is readily achievable. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304.

C. Consent of the Parties to Entry of this Decree

10. The Parties agree that the Court has jurisdiction of this action pursuant to 42 U.S.C. § 12188(b)(1)(B) and 28 U.S.C. §§ 1331 and 1345. The Parties further agree that the controversy can and should be resolved without further proceedings and without an evidentiary hearing.

11. As indicated by the signatures appearing below, the Parties agree to entry of this Consent Decree by the Court.

It is hereby ADJUDGED, ORDERED, and DECREED: