Understanding the Settlement Agreement Between the U.S. Department of Justice and Water Street Seafood Company
In a significant move towards ensuring equal access for individuals with disabilities, the United States Department of Justice (DOJ) reached a settlement agreement with Water Street Seafood Company, a restaurant based in Corpus Christi, Texas. This agreement, stemming from a complaint filed under Title III of the Americans with Disabilities Act of 1990 (ADA), highlights the importance of accessibility in public accommodations, particularly in the restaurant industry.
The investigation, initiated in response to a formal complaint, focused on the accessibility of Water Street Seafood Company’s premises located at 309 North Water Street. The core allegation was that the restaurant, despite undergoing alterations between 1992 and 2010, remained inaccessible to individuals with mobility impairments, specifically those using wheelchairs. A site survey conducted by the United States in May 2012 confirmed these concerns.
Under Title III of the ADA, public accommodations like restaurants are legally obligated to ensure that newly constructed or altered facilities are readily accessible to and usable by individuals with disabilities. The DOJ’s investigation revealed that Water Street Seafood Company had not met these requirements. Critical areas such as the exterior entrance and toilet rooms were found to be non-compliant, effectively denying individuals with disabilities full and equal enjoyment of the restaurant’s services and facilities. This constituted a violation of 42 U.S.C. § 12182(a) and related regulations, which prohibit discrimination based on disability in places of public accommodation.
Water Street, LTD., as the owner and operator of Water Street Seafood Restaurant, is legally defined as a public accommodation and therefore falls under the jurisdiction of Title III of the ADA. The DOJ’s authority to investigate and enforce ADA compliance is clearly outlined in 42 U.S.C. § 128188(b)(1)(A) and related regulations. The potential for the Attorney General to file a civil action in cases of discrimination, especially those raising issues of public importance, underscores the seriousness of ADA violations.
Recognizing the mutual benefit of resolving the matter without prolonged litigation, both Water Street, LTD. and the United States voluntarily entered into a Settlement Agreement. This agreement demonstrates a proactive approach to address accessibility issues and reflects a commitment to public interest. In exchange for Water Street, LTD.’s commitment to remedial actions, the Attorney General agreed to refrain from filing a civil suit, except in cases of non-compliance with the settlement terms.
The Settlement Agreement mandates that Water Street, LTD. will not violate Title III of the ADA and will ensure non-discriminatory practices towards individuals with disabilities. Crucially, Water Street, LTD. affirmed that physical modifications to the restaurant, detailed in Attachment A of the agreement, have already been completed since the initial site survey. These modifications are represented to comply with the 2010 ADA Standards for Accessible Design, ensuring that the restaurant now meets the necessary accessibility requirements.
Within three months of the agreement’s effective date, Water Street, LTD. was required to submit a comprehensive written report to the United States. This report was to detail all actions taken to comply with the agreement, including photographic evidence of the modifications, architectural plans, and relevant work orders, demonstrating tangible steps towards achieving accessibility.
The agreement outlines clear mechanisms for implementation and enforcement. The United States retains the right to review Water Street, LTD.’s compliance at any point. In case of a perceived violation, a formal notification and a 30-day period for resolution are stipulated before the United States can initiate a civil action to enforce the agreement or Title III of the ADA. Failure to comply with any requirement of the Settlement Agreement is considered a violation.
This Settlement Agreement serves as a public record, emphasizing transparency and accountability. It represents the complete understanding between the parties regarding the ADA compliance matters at Water Street Seafood Restaurant. It does not, however, address any other potential ADA violations or other federal law infringements, nor does it diminish Water Street, LTD.’s ongoing responsibility to adhere to all aspects of the ADA. The agreement was set to remain in effect for one year from the date of final signature, highlighting the time-bound commitment to compliance.
The settlement between the Department of Justice and Water Street Seafood Company underscores the critical importance of ADA compliance for restaurants and other public accommodations. It serves as a reminder that accessibility is not merely a suggestion but a legal requirement, ensuring that all members of the public, including individuals with disabilities, can fully participate in and enjoy community spaces and services like Water Street Seafood. This case provides valuable insights for restaurant owners and operators nationwide, emphasizing the need for proactive measures to create accessible and inclusive environments for all patrons.
