United States of America v. The International Spy Museum - Settlement Agreement

D. TERMS OF AGREEMENT

15. In order to avoid potential litigation, the parties agree to the terms of this Settlement Agreement. These terms are intended to redress the violations of the ADA that have been identified by the Department.

16. In consideration of the terms of this Agreement and the Museum's promises contained in Section D of this Agreement, the United States agrees to refrain from filing a civil suit in this matter regarding all matters addressed by this Agreement except as provided in Section E.

17. The Museum shall not discriminate against individuals with disabilities on the basis of disability in the full and equal enjoyment of its goods, services, and facilities. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.

18. The Museum shall make reasonable modifications in policies, practices or procedures, when the modifications are necessary to afford its goods, services or facilities to individuals with disabilities who visit the Museum unless the modifications would fundamentally alter the nature of the goods, services, or facilities. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.

19. The Museum shall maintain in operable working condition those features of facilities, including exhibitions and equipment, that are required to be accessible by this Agreement and under the ADA.

20. The Museum shall ensure that all of its alterations, additions, newly installed exhibitions and new construction are readily accessible to and usable by individuals with disabilities and also ensure that it designs, constructs and installs all exhibitions, including temporary and touring exhibitions, in compliance with 42 U.S.C. § 12183(a)(1) and 28 C.F.R. § 36.401.

21. The Museum shall ensure that any alterations made after the effective date of this Agreement to any of its exhibitions and facilities are readily accessible to, and usable by, individuals with disabilities, in compliance with 42 U.S.C. § 12183(a)(2) and 28 C.F.R. §§ 36.402 - 36.405.

22. The Museum shall remove architectural barriers in existing facilities where such removal is readily achievable, in compliance with 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304.

23. The Museum shall update its efforts continually to ensure full access to services to individuals with disabilities and to continue its ongoing efforts to remove barriers to access throughout its exhibitions, facilities and buildings, in compliance with 42 U.S.C. § 12182(b)(2)(A)(ii) and (iv); 28 C.F.R. §§ 36.304.

24. The Museum shall provide auxiliary aids and services to ensure that the content of its exhibitions, public programs and other offerings is accessible and effectively communicated to individuals with hearing and vision impairments in compliance with 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.

Specific Remedial Measures

25.  The Museum agrees to comply with the ADA and to ensure that the content of its exhibitions, public programs, and other offerings are accessible and effectively communicated to individuals with disabilities. The parties agree that remedial measures to provide adequate audio description, captioning or other means of effectively communicating the experience and content of the Museum's artifacts and other offerings will require substantial time and resources to achieve. Therefore, this Agreement allows the Museum to make accessible its audiovisual presentations and programs, the information in computer interactives, and other exhibits and artifacts in incremental steps as set forth in Paragraphs 26-29. Under this timetable, all remedial measures are scheduled to be completed within twenty-four months of the effective date of this Agreement (as defined in Paragraph 45).

26.  Accordingly, within three months of the effective date of this Agreement (as defined in Paragraph 45) and throughout the life of the Agreement, the Museum agrees to do the following:

Signage:

a. Provide directional signage to the interior accessible route between the Museum lobby and the Spy City Café and on the main Café entry door to the exterior accessible Café entrance. Provide signage with light characters on a dark background or dark characters on a light background on both Café entrances. See Standards §§ 4.3.2(2), 4.30.5 and 4.1.2(7)(c).

"Disco" Elevator:

b. For purposes of resolving this matter, the Museum will provide an attendant to operate the "Disco" elevator and to provide elevator emergency communication during the hours that the Museum is open to the public. See Standards §§ 4.10.5, 4.10.14.

Cashier counters:

c. Provide a section of counter that is a minimum of 36" wide by a maximum of 36" high or an auxiliary accessible counter at the following locations:

i. Museum Gift Shop (provide a temporary surface, such as a clipboard, and install a permanent counter within twenty-four months);

ii. Spy City Café; and

iii. Provide directional signage to the accessible auxiliary counter in Main Lobby and ensure that this auxiliary counter is maintained as such without equipment or obstructions that affect the accessibility or use by persons with disabilities. See 28 C.F.R. § 36.303, Standards § 7.2(1).

Doors:

d. i. Provide doors that require no more than 5 lbf to push or pull open at the following locations:

(1) Spy City Café men's and women's toilet rooms;

(2) Main Lobby restrooms vestibule;

(3) Main Lobby women's toilet room;

(4) Second floor banquet area men's and women's toilets;

(5) Second floor Special Exhibit Space restroom vestibule;

(6) Second floor Special Exhibit Space men's and women's toilet rooms;

(7) Red door in Disinformation Corridor Exhibit area;

(8) Painted door in the Rising Sun Exhibit area;

(9) Celebrity Spy Exhibit area men's toilet room;

(10) Celebrity Spy Exhibit area women's toilet room; and

(11) Briefing Theater area men's and women's toilet rooms.  See Standards § 4.13.11(2)(b).

d. ii. Provide handles, locks and other operating devices that have a shape that is easy to grasp with one hand and does not require tight grasping and twisting actions of the wrist to operate at the following locations:

(1) Main Lobby men's and women's toilet stall doors;

(2) Second Floor Special Exhibit Space men's and women's toilet stall doors;

(3) Celebrity Spy Exhibit area men's toilet stall door;

(4) Celebrity Spy Exhibit area women's toilet stall door; and

(5) Briefing Theater area men's and women's toilet stall doors. See Standards § 4.13.9.

Auxiliary Aids and Services

Maps/floor plans:

b. Provide at the front desk tactile maps of the Museum and floor plan that visitors can borrow. See 28 C.F.R. § 36.303.

Audiovisual presentations and computer interactives without audio description:

c. The Museum will continue to offer its existing twenty-minute tactile orientation tour with advance notice pending completion of its plan to provide a qualified audio describer who can audio describe any requested Museum audiovisual presentations and computer interactives to visitors upon advance request. The Museum will continue to advertise the availability of this service. See 28 C.F.R. § 36.303.

Audio description of exhibits:

d. The Museum will continue to offer its existing twenty-minute tactile orientation tour with advance notice pending completion of its plan to provide a qualified audio describer who can audio describe any requested Museum exhibitions to visitors upon advance request. See 28 C.F.R. § 36.303.

Exhibition label text:

e. The Museum will continue to offer its existing twenty-minute tactile orientation tour with advance notice pending completion of its plan to provide a qualified reader who can read labels in all exhibitions to visitors upon advance request. See 28 C.F.R. § 36.303.

Audiovisual presentations and computer interactives with uncaptioned audio tracks:

f. Provide scripts for audiovisual programs and computer interactives with uncaptioned audio tracks (e.g. entry-way sound effects and video.) The script for the computer interactives will, to the extent feasible, reflect the interaction experienced by visitors who are not deaf or hard of hearing. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.

Uncaptioned audio-only programs:

g. The Museum will continue to provide scripts or wall text for those programs with audio only tracks and will advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.

TTY:

h. Train staff to answer TTY calls correctly. See 28 C.F.R. § 36.303.

Sign language and oral interpreters:

i. Offer sign language and oral interpreter services and realtime captioning, on advance request, for all public programs and include a notice on the Museum's website to that effect. See 28 C.F.R. § 36.303.

Notice of auxiliary aids and services:

j. Display a notice indicating the availability of auxiliary aids and services that the Museum currently provides on the Museum's website, brochures, and in its print and video advertisements. See 28 C.F.R. § 36.303.

27. Within six months of the effective date of this Agreement (as defined in Paragraph 45) and throughout the life of the Agreement, the Museum agrees to do the following:

Mirrors: 

a. Provide a mirror in the Spy City Café men's and women's toilet rooms where the bottom edge of the reflecting surface of the mirror is mounted no more than 40" above the finished floor. See Standards § 4.19.6.

Auxiliary Aids and Services

Audiovisual presentations and computer interactives:

b. Provide a qualified audio describer who can audio describe Museum audiovisual presentations and computer interactives to visitors upon advance request. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.

Audio description of exhibits:

c. Provide a qualified audio describer who can audio describe Museum exhibitions. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.

Exhibition label text:

d. Provide a qualified reader who can read labels in Museum exhibitions. Advertise that this service is available and how to access it. See 28 C.F.R. § 36.303.

Protruding objects and vitrines:

e. Add aprons, extend bases, or add barriers below objects and vitrines that project more than 4" from walls and have their leading edges greater than 27" and less than 80" above the finished floor. See Standards § 4.4 and 28 C.F.R. § 36.303.

28. Within twelve months of the effective date of this Agreement (as defined in Paragraph 45), and throughout the life of the Agreement, the Museum agrees to do the following:

Doors:

a. Main Lobby restroom: provide a restroom vestibule door with at least 18" of maneuvering clearance on the latch side of the door. See Standards § 4.13.6.

Ramps:

b. Provide handrails on each side of the ramps at the following locations:

i. "Suspicious Minds" Exhibit ramp leading to the exhibits; and
See Standards § 4.8.5(3).

Seating:

c. i. Provide integrated wheelchair seating areas for two wheelchairs and two companion seats at the following locations:

a. "21st Century" Theater;

b. "Briefing Room" Theater; and

c. "Cloak and Dagger" Theater.
See Standards §§ 4.1.3(19)(a) and 4.33.3.

c. ii. Ensure that at least 5% of the fixed table seating but not less than one table is accessible to wheelchair users in the Spy City Café. See Standards § 5.1.

Toilets:

d. i. Provide an 18" distance between the side wall and the toilet centerline of the men's toilet room in the Banquet area. See Standards § 4.16.2.

d. ii. Provide a toilet seat cover dispenser in the women's toilet room in the Special Exhibit Space that is mounted within the allowable reach ranges. See Standards §§ 4.2.5 and 4.2.6.

Auxiliary Aids and Services

Printed material:

e. Provide all printed materials that are available in the Museum itself in accessible formats (i.e., Braille, large print, audio recording, or in accessible electronic format on disk, CD-Rom, DVD or on the web), from the date they are officially made available to the public. See 28 C.F.R. § 36.303.

Maps/floor plans:

f. Provide at the front desk for use during the Museum visit an up-to-date tactile map of the Museum's current floor plan, including temporary exhibitions, changes to the permanent exhibition and areas under repair or renovation. See 28 C.F.R. § 36.303.

Tactile objects:

g. Provide a representative sample of objects, models, and/or reproductions of objects to communicate the main themes of the exhibitions for tactile examination. Objects, models, and/or reproductions must be accompanied by audio description, and mounted in the exhibition. The Museum may also present a well-advertised separate tour to walk-in visitors and upon advance request. See 28 C.F.R. § 36.303.

Audiovisual programs with uncaptioned audio tracks:

h. Provide captions for all audiovisual presentations in permanent and temporary exhibitions as well as for all public programs. If captioned versions of audiovisual presentations shown during public programs, touring exhibitions and special events are not available advertise that sign language, oral interpreters assistive listening devices and realtime captioning are available upon advance request. See 28 C.F.R. § 36.303.

Audio-only programs with uncaptioned audio tracks:

i. Provide captions for all audio-only programs in permanent and temporary exhibitions as well as for all public programs. If captioned versions of audiovisual presentations shown during public programs, touring exhibitions and special events are not available advertise that sign language, oral interpreters assistive listening devices and realtime captioning are available upon advance request. See 28 C.F.R. § 36.303.

29. Within twenty-four months of the effective date of this Agreement (as defined in Paragraph 45) and throughout the life of the Agreement, the Museum agrees to do the following:

Toilets:

a. Provide a toilet seat that is 17" to 19" above the finished floor in the north women's toilet room located in the "Celebrity Spies" exhibit area. See Standards § 4.16.3.

Feminine product dispensers:

b. For purposes of resolving this matter, the Museum will provide, on each floor, at least one feminine product dispenser in the women's toilet rooms that does not requires tight grasping and twisting of the wrist to operate. See Standards § 4.27.4.

Auxiliary Aids and Services

Audiovisual presentations and computer interactives:

c. Provide upon request audio descriptions of all audiovisual presentations and computer interactives such that the walk-in visitor has an integrated viewing of all the Museum's permanent and temporary exhibitions as well as audiovisual presentations in special events programming. See 28 C.F.R. § 36.303.

Audio description of exhibits:

d. Provide upon request on-demand accessible description and label reading of all temporary and permanent exhibitions using a delivery system that allows the walk-in visitor integrated viewing of all Museum exhibits. See 28 C.F.R. § 36.303.

30. The Museum may, in its discretion, choose to submit plans to the Department for any other alterations or new construction. The Department agrees to review and approve or disapprove any architectural and exhibition design plans submitted, in a timely manner, but no later than 30 business days after receipt of such plans. In the event the Department disapproves a plan and should the parties be unable to reach a resolution within 30 days of the date of the Department's written notification disapproving the plan, the Department may take steps it believes appropriate to enforce compliance with the ADA and its implementing regulation as provided in Section E.

31. Within thirty days of the effective date of this Agreement, as defined in Paragraph 45, the Museum shall designate or hire an ADA Compliance Officer and shall identify this individual to the Department. The Museum will ensure that the ADA Compliance Officer, at the Museum's expense, undergoes training on the requirements of title III as it applies to a Museum's obligations under the ADA no later than 60 days after appointment. The ADA Compliance Officer shall be responsible for handling disability-related complaints from the visitors to the Museum and for ensuring the Museum's compliance with the ADA.

32. Within 60 days of the effective date of this Agreement, the Museum shall train all first line supervisors and managers on the requirements of title III of the ADA as it applies to the Museum's obligations under the ADA. The Museum shall ensure that all newly hired supervisors and managers receive this training within thirty days of hire.

33. Within thirty days of the effective date of this Agreement, the Museum shall develop an ADA Complaint Resolution Policy to address ADA-related complaints by visitors to the Museum and shall provide a copy of the policy to the Department for review and approval or revision. This policy shall identify the ADA Compliance Officer, the procedure for filing complaints and the process by which complaints will be investigated and resolved. The Museum shall implement the policy within thirty days of approval.

34. The Museum shall provide a report annually to the Department, on the anniversary of the effective date of this Agreement, regarding its progress with respect to the completion of its responsibilities under Section D of this Agreement. The report shall identify and document (e.g., with copies of construction contracts, photographs and/or design drawings) the corrections that have been made, document any training of employees that has occurred (by date and the content of the training) and provide copies of any ADA-related policies that the Museum has adopted.