[blindlaw] Decamp Bus Lines Settlement agreement

[Ross Doerr]

The settlement agreement in my previous post is pasted below together with
the url to get to it directly if you wish to do so.
Ross Doerr


http://www.ada.gov/decamp-bus-lines/decamp-busline.htm

SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN THE UNITED STATES OF AMERICA
AND 
DECAMP BUS LINES 

BACKGROUND
The parties to this Settlement Agreement are the United States of America
and DeCamp Bus Lines. 
This matter was initiated by a compliance review conducted on March 27,
2013, of DeCamp Bus Lines, located in Montclair, New Jersey. The Department
of Justice conducted this review under the authority granted by title III of
the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12188. 
The parties agree that it is in their best interests, and the United States
believes that it is in the public interest, to resolve this dispute without
engaging in protracted litigation. The parties have therefore voluntarily
entered into this Agreement, as follows: 
TITLE III COVERAGE AND FINDINGS
The Attorney General is responsible for enforcing title III of the ADA, 42
U.S.C. §§12181-12189, and the relevant regulations implementing title III,
28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38. 
DeCamp Bus Lines is a New Jersey corporation with its principal place of
business at 101 Greenwood Avenue, Montclair, New Jersey, 07042. 
DeCamp Bus Lines is a large, fixed-route operator within the meaning of 42
U.S.C. § 12181(4); an over-the-road bus (“OTRB”) operator within the meaning
of 42 U.S.C. §12181(5) and 49 C.F.R. § 37.3; and a Class I motor carrier
within the meaning of 49 C.F.R. § 369.3. DeCamp Bus Lines is a private
operator of fixed-route transportation service that is engaged in the
business of transporting people and whose operations affect commerce within
the meaning of 42 U.S.C. § 12184(a) and 49 C.F.R. §§ 37.3 and 37.5(f). 
Since October 29, 2012, the fleets of all large, fixed-route OTRB systems
must be 100 percent readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs. 42 U.S.C. §
12184(b)(4)(A); 49 C.F.R. §37.185. Once 100 percent of a fixed-route OTRB
operator’s fleet is accessible, the operator may no longer require up to 48
hours’ advance notice to provide accessible service. 49 C.F.R. § 37.193. 
At the time of the Justice Department’s March 27, 2013, compliance review,
DeCamp Bus Lines’ fixed-route OTRB fleet was 100 percent accessible.
Nevertheless, DeCamp Bus Lines had a statement on its website and on its bus
line schedules requiring 48 hours’ advance notice to secure an accessible
bus. DeCamp Bus Lines staff had also verbally communicated to passengers
with disabilities that they should call 48 hours in advance to reserve an
accessible bus trip. 

ACTIONS TO BE TAKEN BY DECAMP BUS LINES
DeCamp Bus Lines shall not exclude persons with disabilities from
participation in, or deny them benefits of, transportation services in
violation of title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36 and
49 C.F.R. pts. 37 and 38. DeCamp Bus Lines shall comply with all of its
obligations under title III of the ADA, 42 U.S.C. § 12184, 28 C.F.R. pt. 36
and 49 C.F.R. pts. 37 and 38. 
DeCamp Bus Lines shall not require passengers with disabilities to provide
advance notice to secure an accessible bus and shall not deny any passenger
with a disability an accessible bus when the passenger does not provide
advance notice. DeCamp Bus Lines’ employees and contractors shall not
verbally communicate to passengers with disabilities that they are required
to provide advance notice to secure an accessible bus. 
Within 30 days of the effective date of this Agreement, DeCamp Bus Lines
shall remove from all places on its website, at http://www.decamp.com/, any
language requiring that a passenger with a disability provide advance notice
to secure an accessible bus. DeCamp Bus Lines will notify the United States
when it has completed this action. 
Within 60 days of the effective date of this Agreement, DeCamp Bus Lines
shall no longer post, distribute, or publish any bus schedules, postings,
signs, or any other written material that states that a passenger with a
disability is required to provide advance notice to secure accessible
transportation. DeCamp Bus Lines will provide copies to the United States of
any revised materials it wishes to publish in advance of publishing them. 
Within 30 days of the effective date of this Agreement, and every year
thereafter for the duration of this Agreement, DeCamp Bus Lines shall train
all employees and contractors (including reservations, dispatchers,
mechanics, and bus operators) on the ADA requirements for large, fixed-route
OTRB operators and the requirements of this Agreement. DeCamp Bus Lines
shall also provide the same training and notification to employees and
contractors within 30 days of hiring. 
IMPLEMENTATION
In consideration for entering this Agreement, the United States will refrain
from undertaking further action relating to this investigation or from
filing a civil action alleging discrimination based on the allegations set
forth above, except as provided in paragraph 15 below. 
The United States may review compliance with this Agreement or title III of
the ADA at any time. If the United States believes that this Agreement or
any portion of it has been violated, it may institute a civil action in the
appropriate U.S. District Court to enforce this Agreement or title III of
the ADA. 
Failure by the United States to enforce any provisions in this Agreement
shall not be construed as a waiver of the United States’ right to do so with
regard to other provisions of this Agreement. 
This Agreement shall be binding on DeCamp Bus Lines, including all
principals, agents, executors, administrators, representatives, employees,
successors in interest, beneficiaries and assigns. In the event that DeCamp
Bus Lines seeks to sell, transfer, or assign all or part of its interest
during the term of this Agreement, as a condition of sale, transfer, or
assignment, DeCamp Bus Lines shall obtain the written accession of the
successor or assignee to any obligation remaining under this Agreement for
the remaining term of this Agreement. 
The signatory for DeCamp Bus Lines represents that he or she is authorized
to bind that party to this Agreement. 
This Agreement constitutes the entire agreement between the United States
and DeCamp Bus Lines on the matters raised herein and no other statement,
promise or agreement, either written or oral, made by any party or agents of
any party, that is not contained in this written agreement, including its
attachments, shall be enforceable. This Agreement can only be modified or
amended by mutual written agreement of the parties. 
This Agreement is not intended to remedy any other potential violations of
the ADA or any other law that is not specifically addressed in this
Agreement. Nothing in this Agreement changes DeCamp Bus Lines’ obligation to
otherwise comply with the requirements of the ADA. 
EFFECTIVE DATE/TERMINATION DATE
The effective date of this Agreement is the date of the last signature
below. 
The duration of this Agreement will be three years from the effective date. 
AGREED AND CONSENTED TO: 

DECAMP BUS LINES 

/s/ Gary P. Pard 
GARY P. PARD
President 
101 Greenwood Avenue 
Montclair, New Jersey 07042
(973) 783-7500

 

5-22-13
Date
UNITED STATES OF AMERICA

THOMAS E. PEREZ
Assistant Attorney General
EVE L. HILL
Senior Counselor to the Assistant Attorney General
Civil Rights Division

REBECCA B. BOND, Chief
KATHLEEN P. WOLFE, Special Litigation Counsel
ALBERTO RUISANCHEZ, Deputy Chief

 

/s/ David W. Knight
DAVID W. KNIGHT, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
(202) 307-0663

PAUL J. FISHMAN 
United States Attorney
MICHAEL E. CAMPION
Assistant United States Attorney
United States Attorney’s Office
District of New Jersey
970 Broad Street, Suite 700
Newark, New Jersey 07102

5/29/2013
Date