SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and THE CITY OF FARGO, NORTH DAKOTA and FARGO

DOME AUTHORITY DEPARTMENT OF JUSTICE COMPLAINT NUMBER XX

This matter was initiated by a complaint filed in March, 1993, under Title II of the Americans with Disabilities Act (ADA) , 42 U.S.C. ​ 12131-12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review section, against the city of Fargo, North Dakota (the City) . The complaint alleged that the ticketing pricing policies of the City's FARGODOME discriminate against individuals with disabilities who require special seating to attend events in the FARGODOME. In addition, the complaint asserted that no self-evaluation had been done on the FARGODOME. Pursuant to the provision of the ADA entitled

"Alternative Means of Dispute Resolution," 42 U.S.C. 12212, the parties have entered into this agreement. The parties to this agreement are the United States of

America, the City of Fargo, North Dakota, a municipal corporation, (hereinafter referred to as "City") and the Fargo Dome Authority, a body created pursuant to Article III(P) of the Fargo Home Rule Charter (hereinafter referred to as "Authority" or "FARGODOME"). 01-02739 In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the City and the Authority because they are public entities as defined in 42 U.S.C. 12131. 2. The City owns and the Authority operates a general use facility named the FARGODOME. 3. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability, in the services, programs, or activities of a public entity such as the City and Authority including the ticketing pricing policies for events at the FARGODOME. 4. The City and Authority may not deny or limit the benefits of or participation of individuals with disabilities in the events held at FARGODOME based on the FARGODOME's ticket pricing policies. 5. At the time the complaint in this matter was filed, the FARGODOME had not formally adopted and publicly published any policies relating to special ticket pricing for seats at events designated for individuals needing special seating because of their

mobility or other impairments. 6. At the time the complaint in this matter was filed, the City and Authority had not done a self-evaluation plan addressing the services, policies, and practices as required by the Department's Title II regulation at 28 C.F.R. 35.105; written and published a grievance procedure applicable to the programs, services, and activities of the FARGODOME as required by 28 C.F.R. ​ 35.107(b); or, designated an employee with responsibility to 2 01-02740 coordinate its compliance with the requirements of the ADA at the FARGODOME as required by 28 C.F.R. 35.107(a). 7. The subjects of this settlement agreement include the development of a plan which will provide equivalent ticket prices to those individuals with disabilities needing special seating who wish to attend particular programs and activities held in the FARGODOME. In addition, this settlement agreement requires the completion of a self-evaluation of the policies and practices of the FARGODOME to ensure non-discriminatory treatment of individuals with disabilities, the development of a grievance procedure for the FARGODOME, and the selection of an ADA coordinator for the FARGODOME.

8. The City and Authority shall issue to the public a formal written policy on the ticket pricing policy at the FARGODOME for special seating for individuals with mobility impairments or others who have limited mobility. 9. This policy shall ensure that an equivalent range of ticket prices is offered to individuals with disabilities requiring special seating as the prices for those not requiring such seating. 10. The policy shall state that where the only seating available to individuals with disabilities needing special seating is located in the areas with higher priced tickets, the FARGODOME shall adjust the ticket prices for the event to ensure that individuals with disabilities who need special seating are not required to pay higher prices for tickets.

01-02741 11. copies of the written policy shall be provided to members of the public upon request and shall be prominently displayed on all bulletin boards in the FARGODOME. 12. The City and Authority shall issue instructions concerning this policy to employees of the FARGODOME or other individuals responsible for selling tickets to the public. 13. The City and Authority shall adopt reasonable methods to

ensure that this policy is disseminated to the general public on a continuing basis. 14. The city and Authority shall ensure that a copy of this policy is included in all the informational packages or promotional materials provided to prospective and actual lessees of Dome facilities. 15. The City and Authority shall incorporate into the contracts of all lessees using the FARGODOME for public events a clause containing the requirements of its ticket pricing policies. 16. Within 30 days of the execution of this agreement, the City and Authority shall provide the Coordination and Review Section, Civil Rights Division, the following documentation: A. A copy of its self-evaluation that addresses the policies and practices of the FARGODOME as required by 28 C.F.R. ​ 35.105; A copy of its published grievance procedures for resolving ADA grievances involving the FARGODOME that comply with the requirements of 28 C.F.R 107 (b) ;

B.

c . The name, address, and telephone number of its ADA Coordinator responsible for the programs, services, and activities of the FARGODOME as required by 28 C.F.R. 107(a); and, D. A copy of the final written ticketing policy.

4 01-02742 17. The Department shall review these documents for compliance with this agreement and the Department's Title II

regulation within 30 days of its receipt of the documentation. 18. within thirty (30) days of Departmental approval of the written policy and other written submissions required by this agreement, the written policy shall be published on two separate occasions in a newspaper of general circulation serving Fargo, North Dakota. In addition to including the written policy, the notice shall state that "Pursuant to the requirements of Title II of the Americans with Disabilities Act, the FARGCDOME will not discriminate against qualified individuals with disabilities on the basis of disability, in the FARGODOME's services, programs, or activities." 19. The Department may review compliance with this agreement at any time. 20. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the city, Authority or the Department on request. 21. The effective date of this agreement is the date of the last signature below. 22. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the City with Title II of the ADA and the Department's implementing Title II

regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney 5 01-02743 General is authorized under 42 U.S.C. 12133, to bring a civil Action enforcing Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the term of this agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. 23. The Department of Justice may review compliance with this agreement at any time. If it determines that this agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this agreement in an appropriate federal court. 24. The Department of Justice's failure to enforce this entire agreement or any provision of thereof with respect to any deadline of any other provision herein shall not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this agreement. 25. In the event that the City or Authority fails to comply in a timely manner with any requirement of this agreement without

obtaining sufficient advance written agreement with the Department of Justice as a temporary modification of the relevant terms of this agreement, all terms of this agreement shall become enforceable in an appropriate federal court. 26. This agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written 6 01-02744 agreement, shall be enforceable. This agreement does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. This agreement does not affect the City's and Authority's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. DATED this 8th day of November, 1993. For the CITY OF FARGO, NORTH DAKOTA, a municipal corporation By Jon G. Lindgren, Mayor ATTEST: (Signature)

Mark Thelen, Finance Director DATED this 10th day of November, 1993. For the FARGO DOME AUTHORITY By (Signature) Its President (Handwritten)

DATED this 23

day of November, 1993. For the UNITED STATE OF AMERICA By Stewart B. Oneglia Louis M. Stewart Attorneys Coordination & Review section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738

ws38694/skr693 7 01-02745