SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT

I. BACKGROUND

1. This action was initiated by a complaint submitted to the United States against Atlantis Events, Inc. (“Atlantis”) (D.J. No. 202-12-152).  The Attorney General is responsible for administering and enforcing Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulation implementing Title III, 28 C.F.R. pt. 36.

2. Atlantis owns and operates a cruise and resort vacation company with its corporate offices located at 9200 Sunset Boulevard, Suite 500, West Hollywood, California 90069.  Atlantis is a travel service that buys blocks of rooms on vessels from cruise lines and at resorts from resort operators and markets those for resale, both within and outside the United States.  Atlantis also owned and operated RSVP Vacations, LLC (“RSVP”) with its corporate offices located at 2535 25th Avenue South, Minneapolis, Minnesota 55406 until December 31, 2016, at which time RSVP was dissolved and Atlantis succeeded to direct ownership of all assets, including, inter alia, the RSVP brand name.  Atlantis continues to directly own and operate RSVP as a brand.

3. The complainants in this matter are deaf, and are individuals with disabilities within the meaning of 42 U.S.C. § 12102(1)(A) and its implementing regulation 28 C.F.R. Part 36.

4. Atlantis is a public accommodation as defined by 42 U.S.C. § 12181(7)(F), and its implementing regulation, 28 C.F.R. § 36.104, because it is a travel services organization.  Accordingly, the Company’s operations are subject to the applicable requirements of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and its implementing regulations at 28 C.F.R. Part 36.

5. Title III of the ADA and the title III implementing regulation prohibit discrimination on the basis of disability by public accommodations.  42 U.S.C. § 12182; 28 C.F.R. § 36.201.  Specifically, title III requires public accommodations to provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities.  42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.  Title III also requires public accommodations to make reasonable modifications to policies, practices, or procedures when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities.  42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R.  § 36.302(a).

6. The complainants allege that Atlantis violated title III of the ADA by failing to provide them with appropriate auxiliary aids and services when they requested that sign language interpreters be provided for effective communication during a Halloween-themed round-trip cruise from Los Angeles to Mexico.  Complainants further allege that Atlantis does not have a policy regarding accessibility for individuals with disabilities, and that Atlantis posted a discriminatory policy on its website that said, “American Sign Language Interpreter will not be provided.”

7. The United States has investigated these complaints under the authority granted by the ADA, 42 U.S.C. § 12188(b)(1)(A)(i), and 28 C.F.R. § 36.502.  Atlantis has cooperated in that investigation.  Without acknowledging breach of any legal obligation, Atlantis has voluntarily agreed to take the steps set forth in this Settlement Agreement in order to demonstrate good faith and ensure future compliance with its responsibilities under title III.

8. The Attorney General of the United States is authorized to enforce title III of the ADA by seeking monetary relief for aggrieved persons, civil penalties, and full compliance with title III, such as requiring public accommodations to make reasonable modifications to policies, practices, and procedures and provide auxiliary aids and services, 42 U.S.C. § 12188(b); 28 C.F.R. § 36.504.  The Attorney General may commence a civil action to enforce title III in any situation where he has reasonable cause to believe that a pattern or practice of discrimination exists or a matter of general public importance is raised.  42 U.S.C. § 12188(b)(1)(B); 28 C.F.R. § 36.503.

9. All the parties agree that it is in their best interests, and the United States believes it is in the public interest, to resolve this matter promptly and without litigation.  In consideration of the terms of this Settlement Agreement, the United States agrees to refrain from undertaking further investigation or from filing a civil suit in this action, except as provided in paragraphs 42 and 43 below.

10. The parties hereby agree to the following: