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").

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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

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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.

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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;

B. 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) ;

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.

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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

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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

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
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