United States of America v. Quiktrip Corporation - Consent Decree

VI. COMPENSATORY DAMAGES TO COMPLAINANTS AND OTHER AGGRIEVED PERSONS

26. Within ten (10) business days after the Effective Date of this Consent Decree, QuikTrip shall deposit the sum of One Million Five Hundred Thousand Dollars ($1,500,000) in an interest-bearing account for the purpose of compensating Complainants and other aggrieved persons who may have been harmed by noncompliance with the ADA at one or more QuikTrip Stores and who may be identified through the procedures set forth in this Consent Decree. Also within ten (10) business days after the Effective Date of this Consent Decree, QuikTrip shall submit proof to the United States that the account has been established and the funds deposited. QuikTrip shall bear all costs of establishing the account, maintaining it, and issuing checks from it. Copies of account statements shall be promptly provided to the United States.

27. At least once each week during the ninety (90) days following the Effective Date of this Consent Decree, including on at least five Sundays, QuikTrip shall arrange and publish a Notice to Potential Victims of Disability Discrimination ("Notice") as follows:

     a. Each Notice shall appear in the news sections of major newspapers in each market where QuikTrip does business and shall be at least an eighth (1/8) of a page in size;

     b. Each Notice shall set forth a summary of the legal and evidentiary contentions of the United States and a general statement of the relief provided under this Consent Decree. Each Notice shall also contain a statement that the United States seeks information from any persons who claim to have been subjected to disability discrimination at a QuikTrip facility in connection with access to any facilities or services. Each Notice shall invite such persons to contact counsel for the United States concerning their complaints within ninety (90) days of the publication of the Notice. The text of this Notice shall be as set forth in Exhibit I; and

     c. QuikTrip shall provide a copy of the newspaper containing each such Notice to counsel for the United States within three (3) days after publication of the Notice. QuikTrip shall notify counsel for the United States in writing of the date on which the last such notice was published within five (5) days after its publication.

28. Within five (5) business days after the Effective Date of this Consent Decree QuikTrip shall publish the Notice in an accessible format (i.e., HTML) and in a prominent location on its website (quiktrip.com). QuikTrip shall maintain the Notice on its website for a period of ninety (90) days following publication on its website. The intent of this paragraph is to enable individuals with disabilities to readily locate the Notice on QuikTrip's website.

29. Within thirty (30) days after the date of entry of this Consent Decree, QuikTrip shall produce or permit representatives of the United States to review any complaints about access to any of its facilities or services that it has received from or on behalf of an individual alleged to have an impairment.

30. The United States may, in its sole discretion, use other methods to identify other aggrieved persons, and this Consent Decree shall not be construed to limit the United States' right to do so.

31. Allegedly aggrieved persons shall have until ninety (90) days after the date of the last published Notice within which to contact the United States to assert any claims in connection with this Consent Decree.

32. The United States shall determine which persons, who have timely contacted the United States, have been harmed by ADA violations at a QuikTrip facility and shall determine in its sole discretion an appropriate amount of damages to be awarded to each such person, provided that:

     a. No person shall be paid pursuant to this Section of the Consent Decree until the United States has received an executed "Waiver and Release of Claims" form from that person that is substantially similar to the document attached to this Consent Decree as Exhibit J. A copy of the executed "Waiver and Release of Claims" forms shall be provided to QuikTrip by the United States.

     b. The total amount to be paid by QuikTrip pursuant to this Section of the Consent Decree shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000) plus any interest accrued in the account established under Paragraph 26.

33. The United States shall notify QuikTrip in writing in one or more notifications of its determinations of the amount to be paid to each aggrieved person. Within thirty (30) days after receiving each such written notification, QuikTrip shall deliver to counsel for the United States checks to the aggrieved persons payable as directed in the written notification.

34. In the event that the United States distributes a total amount of compensatory damages pursuant to this Section of the Consent Decree that is less than the total amount of funds in the account established pursuant to Paragraph 26, including accrued interest, the remaining funds shall be paid to non-profit organizations serving the interests of individuals with disabilities designated by the United States and acceptable to QuikTrip. These organizations promote the interests of persons with disabilities in areas of the country where QuikTrip does business. The United States will provide QuikTrip with a notice regarding the amount of funds to be distributed to each of these entities. Within thirty (30) days after the receipt of such notice from the United States, QuikTrip will deliver by common carrier Federal Express, delivery prepaid, a check made payable to the order of each such entity in the amount designated by the United States. QuikTrip shall simultaneously send a copy of the check and any accompanying letter to counsel for the United States via common carrier Federal Express, delivery prepaid.

35. The United States will notify QuikTrip regarding ADA violations at QuikTrip Stores identified during its review of claims in circumstances where QuikTrip needs to take additional action to remedy the ADA violations beyond what is otherwise required by the Consent Decree.