Hazelden Betty Ford Foundation Sued for Non-Compliance of Title III ADA

SETTLEMENT AGREEMENT

UNDER THE AMERICANS WITH DISABILITIES ACT

BETWEEN

THE UNITED STATES OF AMERICA

AND

THE HAZELDEN BETTY FORD FOUNDATION

USAO# 2016V01957

DJ#202-12C-575

A Settlement Agreement (Agreement) was reached between the United States of America (United States) and the Hazelden Betty Ford Foundation (HBFF), regarding alleged architectural barriers to access for individuals with disabilities at the Betty Ford Center in California (BFCC). HBFF is a nonprofit corporation that provides medical services, including drug and alcohol addiction rehabilitation services, to the public and is a place of public accommodation covered by Title III of the Americans with Disabilities Act (ADA). HBFF is headquartered in Center City, Minnesota, and is the owner and operator of the Betty Ford Center.

There are ten (10) buildings or halls in total at the BFCC. Based on the information voluntarily provided by HBFF, as well as a survey that the United States conducted at the BFCC on June 22, 2017, the United States has concluded that architectural barriers to access exist at the BFCC and that it would be readily achievable to remove these barriers.

REMEDIAL ACTIONS REQUIRED BY HBFF

• Remove architectural barriers in existing facilities where such removal is readily achievable.

• Undertake alterations in such a manner that they are readily accessible to and usable by persons with disabilities to the maximum extent feasible.

• Ensure that its newly constructed buildings are readily accessible to and usable by individuals with disabilities.

• Ensure that no individual with a disability is discriminated against on the basis of disability in the full and equal enjoyment of the services and facilities at the BFCC.

• HBFF shall remove the architectural barriers to access (i) identified by the United States during its June 22, 2017 survey of the BFCC and (ii) identified in the additional self-assessment of the BFCC conducted by HBFF in the areas not surveyed by the United States, which are together set forth in Attachment A to this Agreement. (Attachment A was not available at the time this article was written and attempts to have Attachment A sent to this author failed.)

SUMMARY:

Almost all facilities and entities that are open to the public are required to comply with the laws in the ADA. Even non-profits and even if the buildings are scheduled to be demolished. The terms of this Agreement are significant in time and expense of the actions to be taken by HBFF. Entities that are unable or unwilling to comply with the ADA Standards are liable for damages from discrimination against the disabled. For the complete Agreement please see Hazelden Betty Ford Foundation Sued for Non-Compliance of Title III ADA .

If you observe a building or entity that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.