[nagdu] Justice Department Reaches Settlement with Blockbuster Inc

[Ginger Kutsch]

Department of Justice 
Office of Public Affairs
FOR IMMEDIATE RELEASE
Monday, July 19, 2010
Justice Department Reaches Settlement with Blockbuster Inc. Under
the Americans with Disabilities Act
WASHINGTON - The Justice Department today announced a settlement
agreement under the Americans with Disabilities Act (ADA) with
Blockbuster Inc. to ensure equal access to its stores nationwide
for individuals with disabilities who use service animals.
 
The settlement agreement, which resolves a complaint filed under
title III of the ADA by an individual with a disability,
requires, among other things, that Blockbuster provide
comprehensive training to employees at more than 3,000 retail
stores throughout the United States to ensure individuals with
disabilities who use service animals have full and equal
enjoyment of its goods, services and facilities.
 
"The Americans with Disabilities Act guarantees equal access to
individuals with disabilities who are accompanied by service
animals, but too often those individuals are subject to
discrimination because of misperceptions or a lack of
understanding of the law," said Thomas E. Perez, Assistant
Attorney General for the Civil Rights Division.   
 
The agreement, which will remain in effect for three years,
requires that Blockbuster:
 
.  Implement a comprehensive nationwide nondiscrimination policy
regarding service animals for people with disabilities;
.Distribute the policy and train employees across the United
States on the rights of service animal users and employee
obligations to ensure full and equal access to Blockbuster goods,
services and facilities;
.Provide the same training to new staff during the hiring
process;
.Post its service animal policy on its website and in its stores,
and post a "Service Animals Welcome" sign in each of its stores;
.Create a toll-free ADA complaint line;
.Establish, implement, and monitor a grievance procedure for
ADA-related complaints from customers;
.Pay $12,000 in damages to the individual who filed the complaint
resolved by this settlement; and
.Pay $10,000 as a civil penalty.
Aservice animal is individually trained to work or perform tasks
for the benefit of an individual with a disability.  Service
animals - most commonly dogs - perform a wide variety of
functions.  Examples of these functions include guiding persons
who are blind or have low vision, alerting individuals who are
deaf or hard of hearing to sounds, warning persons about
impending seizures or other medical conditions, performing a
variety of tasks for persons with psychiatric disabilities, and
picking up items, opening doors, flipping switches, providing
physical support and pulling wheelchairs for individuals with
mobility disabilities. 
 
Title III of the ADA prohibits discrimination by retail stores,
restaurants, hotels, taxi and bus companies, doctors, hospitals
and other private businesses and nonprofit organizations that
provide services to the public.  Title II of the ADA prohibits
discrimination by public entities, including state and local
governments and public transportation providers.  All of these
entities are prohibited from excluding individuals with
disabilities from their facilities, services and programs because
the individuals use service animals.  If any of these entities
has a rule excluding pets or other animals, it must make an
exception to that rule and permit an individual with a disability
to be accompanied by a service animal anywhere on the premises
that other customers are permitted to go. 
 
"The ADA's 20 thanniversary is July 26, 2010," said Assistant
Attorney General Perez.  "As we celebrate the anniversary of this
landmark civil rights law, we are pleased that Blockbuster has
affirmed its commitment to ensuring that individuals with
disabilities benefit fully and equally from its goods,
facilities, and services, including individuals who use service
animals." 
 
More information about the Civil Rights Division and the laws it
enforces is available at the website www.justice.gov/crt.  More
information about this agreement, the ADA, and ADA rights and
responsibilities relating to service animals is available on the
ADA home page at www.ada.gov <http://www.ada.gov/> .  This
information includes two publications specifically addressing
access for individuals accompanied by service animals: "ADA
Business Brief: Service Animals" and "Commonly Asked Questions
About Service Animals in Places of Business."  Those interested
in obtaining copies of these documents or additional information
may also call the Justice Department's toll-free ADA Information
Line at (800) 514-0301 or (800) 514-0383 (TTY).