Most Illinois nursing home attorneys have closely followed the developments in a long-standing legal battle between state officials and disabled rights organizations. The main issue in the legal wrangling involve whether or not the state should be forced to offer alternatives to disabled residents who want to move out of these institutions. Public bodies subsidize most of the care these residents needs, and they usually only offer services for these individuals in traditional nursing homes. However, all of that may soon change.
The Chicago Tribune reported that a proposed settlement to the class-action lawsuit was recently filed submitted to the court on Monday on behalf of local disabled residents. According to the terms of the agreement state officials would offer subsidized apartments to thousands of local residents who are capable of functioning independently outside of the traditional nursing home.
The agreement needs to be approved by the court and a “fairness hearing” must be held which allows comments and objections by interested parties. Disability advocates are already heralding the settlement as an important step forward both for the low-income individuals involved as well as for the general efforts of improving local long-term care and eliminating Illinois nursing home neglect. One attorney working on the case explained how advocates belief that nursing home life fosters dependency which should be avoided if possible. Many adults currently forced to live in these homes will be much better served in the community.
Officials for the Governor’s office explained that they believe the settlement is good for the state, and will not come with any increased financial burdens. They report that other states which have offered subsidized dwellings have actually seen their tax burden for the service decrease. This is in part because federal Medicaid funds may be given to the state for offering the apartments and community housing to the former Illinois nursing home residents.
Talks between the two sides which led to this agreement began with news reports from 2009 that detailed shocking instances of Illinois nursing home abuse and neglect that often took the force of sexual assault, violence, and drug abuse. The revelations shocked many community members who began learning for the first time about the myriad of nursing homes residents in the area who lived every day in entirely unsafe and unsanitary conditions. Some facilities work hard to provide high-quality care to residents. Unfortunately, many residents live in for-profit facilities which are far too often mired by systematic mistreatment. Many local disabled residents at those homes are given little therapy or discharge planning.
Under the terms of the new proposal, these individuals will be evaluated by state-supervised officials to determine their eligibility to be moved out of the nursing homes and into less restrictive settings. The effort will be entirely voluntary, and no resident will be forced to leave who chooses not to. Those who do opt to move will be provided roughly $700 a month in rental assistance as well as up to $4,000 in start up funds to equip and furnish their apartments. They would also be eligible to receive various mental health services, life training skills, and case management assistance.
# Source: Illinois Nursing Home Abuse Blog: http://blog.levinperconti.com/2011/08/local_disabled_adults_may_have.html
Friday, September 23, 2011
Thursday, September 22, 2011
Philadelphia 76ers Surprise autistic boy with Replacement basketball hoop ; video Sept 2011
Exclusive: 76ers Surprise Mt. Airy Boy With Replacement Basketball Hoop
When the Philadelphia 76ers heard the CBSPhilly story about an autistic boy in Mt. Airy who had his basketball hoop stolen, they sprang into action to replace the hoop, Dave Huddleston reports.
When the Philadelphia 76ers heard the CBSPhilly story about an autistic boy in Mt. Airy who had his basketball hoop stolen, they sprang into action to replace the hoop, Dave Huddleston reports.
Join Mayo Clinic's online health community; Connect with others who've been there...
Mayo Clinic
When you're facing a health concern, sometimes what you really need is someone who has already been there. That's what Mayo Clinic's online community is all about: connecting people who have been through the Mayo Clinic experience with others facing a similar health concern.
Each year, more than 500,000 unique patients from every U.S. state and nearly 150 countries visit one of the Mayo Clinic campuses in Arizona, Florida or Minnesota for diagnosis and treatment. These patients, their families and friends, and Mayo Clinic's 50,000 employees and students are part of the global Mayo Clinic community. This site provides a place for community members to share information, support and understanding.
*Join a discussion
*Meet our community
*Watch videos
#For Mayo Clinic's online health community visit: http://www.mayoclinic.org/connect/
When you're facing a health concern, sometimes what you really need is someone who has already been there. That's what Mayo Clinic's online community is all about: connecting people who have been through the Mayo Clinic experience with others facing a similar health concern.
Each year, more than 500,000 unique patients from every U.S. state and nearly 150 countries visit one of the Mayo Clinic campuses in Arizona, Florida or Minnesota for diagnosis and treatment. These patients, their families and friends, and Mayo Clinic's 50,000 employees and students are part of the global Mayo Clinic community. This site provides a place for community members to share information, support and understanding.
*Join a discussion
*Meet our community
*Watch videos
#For Mayo Clinic's online health community visit: http://www.mayoclinic.org/connect/
LifeMyWay: .The Life and Love of Jakkar and Tyonna : Community, Advocacy & Life in Illinois
Few, it would seem. Many have had this dream fulfilled. Others have failed in their solitary quest to find a life partner.
For Jakkar and Tyonna, this dream is a reality, they have found each other and the strongest of commitments exists between them.
Jakkar proposed. Tyonna accepted with a “yes.” Twice. The momentous day was June 10, 2009. “It was a Thursday in the lunchroom,” said Jakkar with more than a hint of delight in his voice. “No one else knew and she almost choked,” he said with a laugh. Without missing a beat, Tyonna recalled this most important moment. “I almost fainted,” she said quickly and then as if to give Jakkar’s proposal it’s proper priority, she emphatically stated, “I said yes twice!” Jakkar’s mother had helped pick out the ring containing a single brightly colored stone.
The 25 and 26-year-old couple attend a day program at Sertoma Centre in Alsip, a social service agency that provides vocational training services for Jakkar and Tyonna. In a recent LifeMyWay interview, the happy couple shared some thoughts about each other and their desire to be married.
They’ve known each other since childhood through the acquaintance of a family member. “I used to try to beat him up,” said a smiling Tyonna. Jakkar responded to Tyonna’s playful comment with a sheepish grin.
Beyond getting married, each has aspirations to attend college and eventually become employed in some way that helps others, especially children. Jakkar would like to be in a position to “be a role model for kids and talk to them about things that keep them on the right path.” Tyonna would like to somehow be involved in teaching at a school. Both Jakkar and Tyonna believe that education is the key to improving their vocational objectives. Jakkar is presently taking a literary course at Prairie State College in Chicago Heights in order to help him improve his poetry and writing skills.
Following the excitement of an engagement, there are usually some fairly logical steps that lead to setting a date for a marriage ceremony. Afterwards if a couple is lucky, a lifetime of living happily together ensues.
For Jakkar and Tyonna, these logical steps following their engagement have not been so usual. Several wedding dates have been set, but there are no concrete plans for the couple beyond establishing future wedding dates that come. And go.
There are obstacles. Currently, they have nowhere to live together. They will need in-home supports. They will require transportation.
They know their dream of marriage is not impossible. Others with disabilities have found a way. They do require, however, a unique blend of family, staffing and technological supports.
Like other couples with disabilities, they may be somewhat unsure what their marriage in a supportive home would look like and may be uncertain in the manner of how to proceed. They do know that the diligence and support of friends, family and social service agencies is necessary and will eventually lead to the life they would like to live together. Above all, they are certain of their abilities and their love for each other.
Jakkar and Tyonna are optimistic. They look forward to the future together. “I wouldn’t want to be with anyone else,” Jakkar declares. They compliment each other
Who doesn’t dream of a life commitment from another? Jakkar and Tyonna have found love, have made the commitment, but have only begun to fulfill their ultimate dream of married life together.
Remembering Illinois LifeMyWay Campaign!!!
ADA SETTLEMENT AGREEMENT : REGARDING THE PRICE IS RIGHT - Sept 2011
SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA,
FREMANTLE PRODUCTIONS, INC., AND CBS BROADCASTING INC.
REGARDING THE PRICE IS RIGHT
Department of Justice
Complaint Numbers 202-12C-317 and 202-12C-369
BACKGROUND
1.The parties (Parties) to this Settlement Agreement (Agreement) are the United States of America and The Price Is Right (TPIR). TPIR consists of both Fremantle Productions, Inc., (Fremantle) in its role as producer of The Price Is Right game show (the Show), and CBS Broadcasting Inc. (CBS), in its role as the provider of the facilities and related services utilized in the production of the Show.
2.The United States Department of Justice (United States) is the federal agency responsible for administering and enforcing Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, on behalf of the United States of America.
B. Investigation
3.This matter was initiated by two complaints filed with the United States which alleged violations of Title III of the ADA (Title III) and its implementing regulation, 28 C.F.R. Part 36, in connection with the Show. Complainant #1 attended a taping of the Show with her mother (Complainant #2), who uses a wheelchair. The taping occurred at Studio 33 (the Bob Barker Studio) at CBS Television City, 7800 Beverly Boulevard, in Los Angeles, California. Complainants #1 and #2 alleged that the wheelchair seating areas at the Bob Barker Studio were at the back of the audience seating area and that the lines of sight for the wheelchair seating were blocked by an elevated riser and by audience members standing in front of them. A complaint from another unrelated person (Complainant #3) alleged generally that TPIR has discriminated against individuals with disabilities because a very small number of individuals with observable disabilities have been selected as contestants on episodes of the Show that have aired on television since the ADA was enacted.
4.The Attorney General of the United States (Attorney General) is authorized to enforce Title III of the ADA by seeking damages, civil penalties, and full compliance with Title III's provisions. 42 U.S.C. § 12188(b); 28 C.F.R. § 36.504. The Attorney General may commence a civil action to enforce Title III in any situation where he believes that a pattern or practice of discrimination exists, or a matter of general public importance is raised. 42 U.S.C. § 12188(b)(1)(B); 28 C.F.R. § 36.503.
5.The Bob Barker Studio is a facility used for the production of television programming. The Show is produced in the Bob Barker Studio and taped there before a studio audience. Because the Bob Barker Studio and its companion facilities, including but not limited to the accessible toilet rooms, gift shop, food service area, water fountains, and telephones, used by members of the public attending a taping of the Show (the TPIR Facility) are open to members of the public, the TPIR Facility is a place of public accommodation pursuant to 28 C.F.R. § 36.104. Fremantle, as licensee of the Bob Barker Studio during the production of the Show, and CBS, as the owner of the TPIR Facility, are subject to the requirements of Title III of the ADA. 42 U.S.C. § 12181(7)(C); 28 C.F.R. § 36.104.
6.The ADA prohibits public accommodations from discriminating against individuals on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, and accommodations. 42 U.S.C. § 12182(a); 28 C.F.R. §36.201(a). The ADA also prohibits public accommodations from using eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, including appearing as a contestant on a television game show. 42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301(a). Among other things, the ADA also requires public accommodations to:
a.Make reasonable modifications to policies, practices, and procedures to afford access to individuals with disabilities that is equal to the access afforded to individuals without disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. §36.302(a);
b.Provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303; and
c.Remove barriers to access for individuals with disabilities where it is readily achievable to do so, 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304.
Title III also provides for certain affirmative defenses, including: 42 U.S.C. §§ 12182(b)(2)(A)(ii)(fundamental alteration defense to reasonable modification requirement), 12182(b)(2)(A)(iii)(fundamental alteration and undue burden defenses to auxiliary aid and services requirements); 12183(a)(2)(technical infeasibility defense for alterations), 12182(b)(2)(A(iv)-(v)(defense that barrier removal is not readily achievable).
7.In assembly areas, the ADA requires wheelchair seating areas to, among other things: (a) be provided in sufficient numbers, (b) be an integral part of any fixed seating plan; (c) provide people with physical disabilities lines of sight comparable to those for members of the general public; and (d) when the seating capacity exceeds 300, be provided in more than one location, which includes vertical dispersal of wheelchair seating areas. 28 C.F.R. Part 36, Appendix D, '' 4.1.3(19)(a), 4.33.
8.Complainant #2 has a mobility disability and uses a wheelchair. Complainant #1, the daughter of Complainant #2, is related to or associated with a person with a disability for purposes of 42 U.S.C. § 12182(b)(1)(E) and 28 C.F.R. § 36.205, which prohibit discrimination against an individual based on the individual's relationship or association with an individual with a disability.
9.The Bob Barker Studio was constructed before the ADA's effective date, and as an existing facility under Title III of the ADA, is subject to Title III's architectural barrier removal requirements. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.104.
10.In December 2008, the United States conducted an investigation of the complaints, including an accessibility review of the Bob Barker Studio, pursuant to 42 U.S.C. § 12188(b)(1)(A) and 28 C.F.R. § 36.502.
C. Findings and representations
11.As a result of its investigation, the United States found that at the time of the investigation CBS had failed to remove certain barriers to access for individuals with disabilities at the Bob Barker Studio when it was readily achievable to do so, in violation of 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304, thereby denying Complainants #1 and #2 equal access to its goods, services, privileges, advantages, facilities, and accommodations within the meaning of 42 U.S.C. §§ 12182(a), 12182(b)(1)(E) and 28 C.F.R. §§ 36.201(a), 36.205. The investigation further revealed that The Price Is Right website (www.priceisright.com) was not fully accessible to individuals with disabilities, and that information regarding wheelchair seating, auxiliary aids and services, and other accommodations that individuals with disabilities may need to attend a taping of the Show or be interviewed as a potential contestant was not readily available on the website.
12.TPIR represents that it has a long-standing commitment to accessibility, including the existence of accessible elements at the TPIR Facility and the maintenance of policies, practices, and procedures regarding accessibility for guests with disabilities. TPIR represents that because of its commitment to accessibility, individuals with an array of disabilities attend and appear as contestants on the Show.
D. The Parties' Agreement to Resolve this Matter Cooperatively
13.TPIR has cooperated fully in the United States' investigation and made clear that it will work cooperatively with the United States to ensure that the Show and the TPIR Facility are in full compliance with the requirements of Title III of the ADA. This Agreement is a negotiated compromise resolution and none of the terms of this Agreement shall be deemed to constitute an admission by Fremantle or CBS of any violation or liability under Title III of the ADA or any other law.
14.In order to avoid the burdens and expenses of further investigation and possible litigation, the Parties enter into this Agreement. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding the matters contained within this Agreement, except as provided in the section entitled "Enforcement."
15.The Parties have determined that Department of Justice complaint numbers 202-12C-317 and 202-12C-369 can be resolved without litigation and have proposed and agreed to the terms of this Agreement.
ACTIONS
A. General Nondiscrimination Requirements
16.Consistent with its current stated practices, TPIR will not violate Title III of the ADA by, among other things, discriminating against any individual on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations. 42 U.S.C. §§ 12181-12189; 28 C.F.R. Part 36. This undertaking includes, but is not limited to, the following:
a.TPIR will not use eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any of its goods, services, facilities, privileges, advantages, or accommodations, including appearing as a contestant on a television game show. 42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301(a);
b.TPIR will make reasonable modifications to policies, practices, and procedures to afford access to individuals with disabilities that is equal to the access afforded to individuals without disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302;
c.TPIR will provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303; and
d.TPIR will remove barriers to access for individuals with disabilities where it is readily achievable to do so in facilities that were designed and constructed prior to January 26, 1993, and which have not been altered, 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. §§ 36.304, 36.308.
TPIR may assert any applicable affirmative defenses.
B. Specific Actions
17.Reasonable Modifications. Consistent with its current stated practices, TPIR will make reasonable modifications to policies, practices, and procedures to afford opportunities and access to individuals with disabilities, including but not limited to individuals who wish to be a member of the audience or eligible to become a contestant on the Show, that are equal to the opportunities and access afforded to individuals without disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302(a). Reasonable modifications are exceptions, modifications, and adjustments to policies, practices, and procedures that are necessary to avoid discrimination against an individual with a disability. Requests for reasonable modifications may be made orally or in writing by or on behalf of an individual with a disability. TPIR will grant requests for such modifications unless it can demonstrate that a requested modification would fundamentally alter the nature of its operations. Individuals who request reasonable modifications will generally not be required to provide medical documentation.
18.Effective Communication. Consistent with its current stated practices, TPIR will provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303. Within thirty (30) days after the effective date of this Agreement TPIR will submit for review and approval by the United States, which approval shall not be unreasonably withheld or delayed, written policies and procedures for providing auxiliary aids and services to achieve effective communication with individuals with disabilities in connection with the Show. The United States shall review the proposed written policy for consistency with the requirements of Title III of the ADA and provide written comments to TPIR. TPIR shall provide the United States with a revised policy that addresses the United States' comments. Within thirty (30) days after receipt of approval of the written policy by the United States, TPIR will adopt, implement, and thereafter maintain the policy.
19.Contestant Eligibility Criteria and Selection. Fremantle has adopted, implemented, and will maintain throughout the term of this Agreement, a written statement that reflects its stated longstanding policy of nondiscrimination in the selection of contestants as reflected in Exhibit C.
20.Definitions. The following definitions shall apply for purposes of this Agreement:
a.The term “TPIR Sites” and, except as used in Paragraph 27 relating to the Outreach Campaign, the term "Websites" or "websites" shall mean and refer to the two websites associated with the Show that are operated or used by Fremantle for purposes of communicating with members of the public, i.e., www.thepriceisright.com, and http://on-camera-audiences.com/shows/The_Price_Is_Right.
b.The term "ADA Complaints" shall mean and refer to complaints regarding the Show and/or the TPIR Facility relating to alleged noncompliance with Title III of the ADA or this Agreement.
c.The term "ADA Line" shall mean and refer to the toll free number established and maintained pursuant to Paragraph 22.
d.The term "ADA email address" shall mean and refer to the email address established and maintained pursuant to Paragraph 22.
21.ADA Coordinator(s). Within ninety (90) days after the effective date of this Agreement, Fremantle will designate and train an employee who will serve as an ADA Coordinator. This employee, who will be trained and knowledgeable regarding TPIR's obligations under Title III of the ADA and this Agreement, may have other duties in addition to being ADA Coordinator. The ADA Coordinator shall work in conjunction with CBS to coordinate TPIR's efforts to comply with its responsibilities under the ADA and this Agreement, including the receipt, investigation, response to, and resolution of ADA Complaints, the coordination of corrective actions and relief for complainants who bring ADA Complaints to TPIR's attention, and maintaining records of ADA Complaints, investigations, and actions taken to comply with this Agreement. Fremantle will make available on the TPIR Sites, in an accessible and conspicuous location (i.e., at the "Contact Us" link) and format (i.e., HTML), the main office address, 1-800 telephone number, and email address of the ADA Coordinator. If the ADA Coordinator leaves his or her position, Fremantle will promptly designate another employee to perform the function.
22.ADA Complaints. Within ninety (90) days of the effective date of this Agreement, Fremantle will designate, implement, publicize, maintain, and keep updated a toll free number, an email address, and a postal address for providing customer service and information to individuals with disabilities and receiving ADA Complaints. The number and addresses will be posted in conspicuous locations that are easy for individuals with disabilities to locate on the TPIR Sites, including the following locations: "Contact Us," "Accessibility," and "Ticketing."
23.ADA Complaint Process. Throughout the term of this Agreement, TPIR will be responsible for receiving, investigating, and responding to all ADA Complaints received at Fremantle's toll free ADA Line, ADA email address, postal address or otherwise brought to the attention of TPIR's corporate offices. TPIR's process for receiving, investigating, and responding to ADA Complaints shall be as follows: (a) within ten (10) business days after an ADA Complaint is received, TPIR will commence an investigation, including contacting the complainant, if necessary, to find out the allegations of the complaint and will investigate the complaint with the appropriate TPIR staff where the complaint originated; (b) TPIR will provide a substantive response to the complainant within thirty (30) days after the ADA Complaint is received; and (c) TPIR will complete its investigation and arrive at a resolution within ninety (90) days after the ADA Complaint is received, including discussing with the complainant, where appropriate, possible resolutions, including training or corrective actions for TPIR staff or contractors and relief for the complainant, which may include compensation, or request an extension of such time period in accordance with Paragraph 42. TPIR will maintain written records of ADA Complaints, its investigations, and its responses to and resolutions of those ADA Complaints throughout the life of this Agreement. With respect to each ADA Complaint TPIR shall disclose to the United States the facts discovered through its investigation, including allegations deemed unfounded; the names and contact information of persons interviewed; the findings made; and the responses to and actions taken to resolve the ADA Complaint. TPIR shall further provide to the United States copies of non-privileged records relating to each ADA Complaint, investigation, and response pursuant to the reporting requirements of Paragraph 37 of this Agreement, and at any other time upon request.
24.Training. Within ninety (90) days of the effective date of this Agreement, or sixty (60) days after the United States approves the Effective Communication Policy, whichever is later, TPIR will train all employees and contractors who have contact with members of the public, including but not limited to contestants and potential contestants, regarding their obligations under the ADA and this Agreement. Such training will be at least ninety (90) minutes in duration for TPIR employees and contractors with regular expected guest contact, (e.g., pages, security, individuals staffing customer hotlines or handling ticketing), and for higher-level employees and contractors who regularly handle issues involving guests and who have responsibilities for supervising the lower-level employees and/or with a more direct role in compliance, and will be provided at TPIR's cost by an individual or organization knowledgeable regarding ADA requirements and approved by the United States, and will include information regarding individuals with a wide variety of different types of disabilities and the types of modifications and auxiliary aids or services that such individuals may require for the full and equal enjoyment of TPIR's goods, services, facilities, privileges, advantages, and accommodations associated with the Show.
25.Contractors and Affiliated Entities. Within ten (10) business days after the effective date of this Agreement, TPIR will notify any and all contractors and entities that directly interface with audience and/or contestants (e.g., ticketing, pages, security) of TPIR's obligations under this Agreement.
26.Information on Websites. Within sixty (60) days after the effective date of this Agreement, Fremantle will submit the proposed text and visual content for a webpage on TPIR Sites labeled "Accessibility" for review and approval by the United States to ensure consistency with ADA requirements, which approval shall not be unreasonably withheld. The webpage text and visual content will include information on procedures for obtaining tickets, attending the Show, and requesting wheelchair and companion seating and other disability-related accommodations (e.g., auxiliary aids or services, and reasonable modifications of policies, practices and procedures). Within forty-five (45) days after approval, Fremantle will post the information reviewed and approved by the United States via a link on TPIR Sites to such webpage at easily located, predictable, accessible, and conspicuous locations.
27.Outreach Campaign. Throughout the term of this Agreement, Fremantle will conduct outreach to encourage individuals with disabilities to attend tapings of the Show. In conducting this outreach, Fremantle shall: (i) provide information on the "Accessibility" and ticketing sections of the TPIR Sites as per the terms of Paragraph 26 above; (ii) include a statement and/or symbol of accessibility in all audience procurement materials (e.g., Craigslist advertisements seeking audience members); (iii) engage in targeted advertising in newspapers, magazines, and websites where individuals with disabilities are the primary intended audience (locally and nationally) B including such publications and/or websites primarily intended for individuals with different types of disabilities, including those who are blind or have low vision, deaf or hard of hearing, have mobility disabilities, and are veterans with disabilities; and (iv) in conjunction with CBS, extend invitations to leaders representing a variety of disability rights groups (e.g., representatives of individuals who are blind or have low vision, deaf or hard of hearing, have mobility disabilities, and veterans with disabilities) for one or more educational meetings during which TPIR and leaders will engage in a dialogue about approaches and best practices for increasing attendance at the Show and interest in being considered as a contestant by people with disabilities. TPIR will explain its policies, practices, and procedures regarding accessibility, highlight accessible routes and elements, and solicit and consider input. The outreach campaign will provide information about how to request wheelchair and companion seating, auxiliary aids and services, and reasonable modifications to policies, practices, and procedures. The outreach efforts will commence within ninety (90) days of the effective date of this Agreement. Fremantle will report on the outreach efforts as part of its reporting obligations set forth elsewhere in this Agreement. The United States acknowledges that nothing in this Paragraph, or elsewhere in this Agreement, is meant to impose any particular quota on TPIR regarding the number of audience members or contestants with disabilities attending the Show.
28.Maintenance of Log. To enable TPIR and the United States to assess compliance with the ADA, compliance with this Agreement, and the impact of the outreach campaign described in Paragraph 27, TPIR will maintain a log containing the following information: requests for accessible seating locations or other disability-related seating accommodations, requests for sign-language interpreters, requests for assistive listening devices, use of a service dog, and written requests for an auxiliary aid or service or modification to policies or procedures that are received in advance of attendance at a taping; and responses or actions taken in response to each request for disability-related accommodations. TPIR will log: the name of the person involved, if known; the date; the nature of the request; and the nature of the disability (if disclosed by the person). TPIR will maintain the log for the duration of this Agreement. A reasonable number of isolated failures, including failures due to taping day exigencies, to log information under this paragraph does not constitute a material breach of this Agreement.
29.Barrier Removal. To comply with its obligations to remove barriers to access to individuals with disabilities at the TPIR Facility, CBS (following creative consultation with The Price Is Right Productions, as appropriate) will make the physical modifications listed in Exhibit A. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. §§ 36.304; 36.308. All modifications listed in Exhibit A will be completed within one hundred and eighty (180) days of the effective date of this Agreement and, because they must be completed before March 15, 2012, can be performed in compliance with CBS's choice of either (i) the technical and scoping requirements of the 1991 Standards for Accessible Design, 28 C.F.R. pt. 36, appendix D, or (ii) the technical and scoping requirements of the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG (as set out in appendices B and D to 36 C.F.R. pt. 1191) and the requirements contained in subpart D of 28 C.F.R. pt. 36. See 28 C.F.R. § 36.104 (definitions). The selected accessibility standard must apply to all modifications made pursuant to this Paragraph and Exhibit A. Except as otherwise noted in Exhibit A, CBS agrees that all barrier removal steps set out in Exhibit A are readily achievable.
30.Navigation Assistance. Understanding that some individuals with disabilities may have difficulty navigating the two center aisles, the route to Bidders' Row, and the route on and off the stage, TPIR will continue to assist individuals, as requested. TPIR will continue to engage in an interactive process to determine what assistance would be effective, understanding that the ultimate decision rests with TPIR. TPIR shall inform guests of the availability of such assistance during the pre-show audience warm-up.
31.Notification Regarding Lawsuits and Investigations. Throughout the term of this Agreement, in connection with the Show, TPIR will notify the United States if TPIR has notice of: (a) any lawsuit filed against TPIR alleging that it has violated Title III of the ADA or a state law prohibiting disability discrimination, excluding allegations of employment discrimination, or (b) any government entity investigation or review relating to TPIR's alleged violation or noncompliance with any law or regulation prohibiting disability discrimination, excluding employment discrimination. Such notifications must be provided to the United States in writing via common carrier Federal Express, UPS, or DHL within fifteen (15) business days of the day when TPIR has notice of the lawsuit or investigation and will include, at a minimum, a copy of any complaint and any non-privileged documentation relevant to the allegation of disability discrimination at issue that is within the possession, custody, or control of TPIR or any of its agents or representatives.
32.Website Accessibility. The TPIR Sites are currently undergoing a transition. Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle shall adopt and, thereafter, maintain the policy of providing full and equal enjoyment of the goods and services of the TPIR Sites, located at Exhibit B (Internet Policy). Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle will conduct an assessment of the websites' compliance with the Internet Policy (Website Accessibility Assessment) and develop a Website Accessibility Action Plan to address any identified deficiencies in the provision of the goods and services of the TPIR Sites identified in the Website Accessibility Assessment, including consideration of, and appropriate response to, feedback provided by visitors to the TPIR Sites. Fremantle shall submit this Plan to the United States for review and approval. After the Website Action Plan is submitted, the following shall occur:
a.Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will distribute the Internet Policy to all persons B employees and contractors B who design, develop, maintain, or otherwise have responsibility for content and format of TPIR Sites (Internet Personnel). Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will provide training to Internet Personnel on website accessibility. Such training will be provided, at Fremantle's expense, by a person or organization knowledgeable regarding website accessibility and approved by the United States.
b.Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will undertake a Website Accessibility Assessment to evaluate the delivery of website content to provide for inclusion and integration of people with disabilities, including individuals who use screen readers or voice interactive software, who use text magnification programs, who require the ability to adjust font size and/or color to view web pages, who require audio description to access video content, and who require captions to access audio materials. The evaluation will take into consideration the following issues, but will also evaluate TPIR Sites according to generally accepted standards for website accessibility, such as the Standards promulgated pursuant to Section 508 of the Rehabilitation Act of 1973, as amended:
(i) For every image posted, including photographs, charts, color-coded information, or other graphics, a text equivalent to the image will be added to allow individuals with disabilities who use screen readers or Braille displays to understand the basic content of the image or graphical element.
(ii) All documents will be posted in a text based format that is compatible with assistive technology, and not as images that do not have text of the file's content in a format accessible to a screen reader and Braille display.
(iii) TPIR Sites will allow Web browsers and other assistive technologies to manipulate colors and font settings on the website for individuals with low vision or color blindness to access the content.
(iv) Videos and other multimedia will incorporate features to make them accessible to individuals with disabilities, including audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to individuals who are blind or have low vision, among others, and the provision of text captions synchronized with the video image to make video and audio tracks accessible to people who are deaf or hard of hearing.
(v) Where appropriate, Fremantle will also include the following considerations in developing TPIR Sites:
(A) The inclusion of a "skip navigation" link at the top of the TPIR Sites that allows people who use screen readers to ignore navigation links and skip directly to web page content;
(B) Minimizing the use of blinking, flashing, or other distracting features;
(C) If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;
(D) Online forms will include descriptive tags that provide individuals with disabilities the information they need to complete and submit the forms;
(E) If sounds automatically play, visual notification and captions will also be provided;
(F) For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page; and
(G) Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as web pages that use frames).
c.Within ninety (90) days after the effective date of this Agreement, Fremantle shall provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page in a conspicuous and accessible location. In that same location, Fremantle will provide a notice soliciting feedback from visitors to websites on how accessibility can be improved and shall provide an accessible means of providing such information.
d.Fremantle shall yearly revise its Website Accessibility Action Plan as needed to address deficiencies in the provision of the goods and services of the TPIR Sites identified in the yearly Website Accessibility Assessment, including consideration of, and appropriate response to, feedback provided by visitors to websites.
e.Within ninety (90) days after the implementation of each Website Accessibility Action Plan, Fremantle shall have completed all actions required for the accessibility of websites and of the provision of goods and services of the TPIR Sites.
C. Monetary Relief
33.The ADA authorizes the Attorney General to seek a court award of compensatory damages on behalf of individuals aggrieved as the result of violations of Title III of the ADA. 42 U.S.C. § 12188(b)(2)(B); 28 C.F.R. § 36.504(a)(2).
34.Within ten (10) days after receipt of a completed W-9 form and an executed release in the form attached to this Agreement as Exhibit D, TPIR will compensate Complainant #1 and Complainant #2 in this matter by sending each of these individuals certified checks and/or money orders made payable to the order of each complainant's name (names to be provided by the United States) in the total amount of Ten Thousand Dollars ($10,000.00), via certified mail, Federal Express, UPS, or DHL, to the address(es) provided by the United States, and will simultaneously send a copy of the check and the accompanying letter to the United States. The payment to one complainant will not be delayed because of nonreceipt of a W-9 Form or release from the other complainant.
35.The ADA also authorizes the Attorney General to seek a civil penalty as a result of violations of the ADA. 42 U.S.C. § 12188(b)(2)(C); 28 C.F.R. § 36.504(a)(3). Within thirty (30) days after the effective date of this Agreement, TPIR will deliver checks and/or money orders in the total amount of Twenty-Five Thousand Dollars ($25,000.00) payable to the United States Treasury as a civil penalty.
D. Miscellaneous Provisions
36.Records. For the term of this Agreement, TPIR shall preserve all records related to this Agreement. Upon reasonable notice to TPIR, representatives of the United States shall be permitted to inspect and copy any of TPIR's records or inspect any of the TPIR Facility bearing on compliance with this Agreement, including any CBS studio where the Show is recorded and the building in which such studio is located, consistent with Paragraph 45, below, at any and all reasonable times, provided, however, that the United States shall endeavor to minimize any inconvenience to TPIR from such inspections. For purposes of this Paragraph, records include copies of recorded episodes of The Price Is Right.
37.Reporting. Within two hundred and ten (210) days after the effective date of this Agreement, on the first anniversary of the effective date of this Agreement, and every year thereafter throughout the term of this Agreement, TPIR will submit a written report to the United States describing its actions relating to compliance and noncompliance with this Agreement, including, inter alia, a copy of all responses provided to individuals with disabilities who requested any auxiliary aids or services and were either denied whatever auxiliary aids or services were requested or received any alternative auxiliary aids or services. A reasonable number of isolated failures, including failures due to taping day exigencies, to log information under this paragraph does not constitute a material breach of this Agreement. If TPIR becomes aware of any instances in which the actions of its employees or contractors who directly interface with audience and/or contestants (e.g., ticketing, pages, security) are inconsistent with TPIR's obligations under this Agreement, it will report such information, along with any corrective actions taken by TPIR to address such issues. TPIR shall provide all contestants with a form on which individuals may disclose on a voluntary basis if they have a disability and the nature thereof (e.g., mobility disability, blindness or low-vision, deaf or hard-of-hearing, other disability). TPIR shall clearly and expressly explain on that form, and to the contestant if asked, that contestants are not required to disclose disability-related information in order to receive any parting gift, prize, or cash award won. In its reporting, TPIR will advise the United States regarding the date of any show in which an individual(s) who voluntarily disclosed disability information appeared as a contestant and the nature of disabilities disclosed. Reporting regarding actions taken to remove barriers to access for individuals with disabilities shall include photographs, which include a tape measure or other appropriate measuring device visible in the photograph to show compliance with the specifications of the ADA Standards. Within thirty (30) days after receipt of a written request by the United States, TPIR shall provide documents and other information sought by the United States to determine compliance with this Agreement. This Agreement does not require TPIR to produce documents subject to the attorney-client privilege or the work-product doctrine to the United States. To safeguard TPIR's trade secrets, commercial, or financial information, the United States will assert all relevant exceptions to production of TPIR's documents pursuant to a Freedom of Information Act request.
38.Items Sent to the United States. All items sent to the United States shall be sent via common carrier Federal Express, UPS, or DHL and addressed as follows: Paula N. Rubin, U.S. Department of Justice, Disability Rights Section, 1425 New York Avenue, N.W., Room 6024, Washington, DC 20005.
39.Items Sent to TPIR. All items sent to TPIR shall be addressed to the following: (i) Suzanne Lopez, Executive Vice President, Business and Legal Affairs, FremantleMedia North America, Inc., 4000 West Alameda Avenue, Third Floor, Burbank, CA 91505, (818) 748-1196, Suzanne.Lopez@fremantlemedia.com; and (ii) Randa G. Soudah, Vice President, Assistant General Counsel, CBS, 4024 Radford Avenue, Studio City, CA 91604, (818) 655-1681, randa.soudah@cbs.com.
40.Costs and Expenses. Each of the Parties shall bear its own costs and expenses associated with, or arising from, its performance of obligations under this Agreement.
ENFORCEMENT
41.If at any time TPIR desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, TPIR will promptly notify the United States in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written agreement by the United States to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the United States, which approval shall not be unreasonably withheld or delayed.
42.For good cause, TPIR may request, in writing, an extension of any time period set forth in this agreement, which extension will not be unreasonably denied. Until there is written agreement by the United States to the proposed extension, the proposed extension will not take effect.
43.The United States may review compliance with this Agreement at any time. If the United States believes that TPIR, its agents, affiliates, assignees, and/or successor in interest as relate to the Show have failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement from the United States for a modification of relevant terms, the United States will notify TPIR in writing and will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within sixty (60) days of the date it provides notice to TPIR, it may institute a civil action in federal district court to enforce the terms of this Agreement or Title III and may, in such action, seek any relief available under law.
44.Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.
45.This Agreement shall be binding on TPIR, its agents, affiliates, assignees, and/or successor in interest as may relate to the Show. In the event TPIR seeks to transfer or assign all or part of its interest in any entity covered by this Agreement, and the successor or assignee intends to carry on the same or similar use of the entity, as a condition of sale, TPIR shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement. If during the term of this Agreement, CBS ceases to provide facilities or services in connection with the Show, CBS shall have no further obligations under this Agreement.
46.A copy of this Agreement will be made available to any person by TPIR or the United States upon request.
47.This Agreement constitutes the entire agreement among the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by any of the Parties or agents of any of the Parties, that is not contained in this written Agreement (including Exhibits A, B, C, and D), shall be enforceable. This Agreement is limited to the resolution of Department of Justice Complaints # 202-12C-317 and 202-12C-369 and does not purport to remedy any other complaints or actual or potential violations of the ADA or any other federal law, including any potential claims of denial of reasonable modification to policies and procedures by anyone other than the complainants specifically referenced in this Agreement. This Agreement does not affect the continuing responsibility of TPIR to comply with all aspects of the ADA. The United States is not aware of any other ADA Title III-related complaints against TPIR.
48.If any term of this Agreement is determined by a court to be unenforceable, the remaining terms of this Agreement will remain in full force and effect.
49.The titles used to designate certain sections and paragraphs of this Agreement are used solely for the Parties' convenience and ease of reference and shall not be construed as having any effect on or modifying the meaning of any term of this Agreement.
50.All TPIR obligations under this Agreement shall become effective immediately upon the effective date, unless otherwise specified herein, and shall continue throughout its term.
51.The persons signing for Fremantle and CBS represent that they are authorized to bind their respective company to this Agreement.
52.This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument.
53.For purposes of this Agreement, all signatures sent as electronic portable document format (.pdf) files shall be accepted as original signatures.
54.This Agreement shall remain in effect for three (3) years.
55.The effective date of this Agreement is the date of the last signature below.
For Fremantle Productions, Inc.:
By:____________________________
SUZANNE LOPEZ
Executive Vice President, Business & Legal Affairs
FremantleMedia North America, Inc.
4000 West Alameda Avenue, Third Floor
Burbank, CA 91505
Date:August 26, 2011
For CBS Broadcasting Inc.:
By:____________________________
JONATHAN H. ANSCHELL
Executive Vice President and General Counsel
CBS Broadcasting Inc.
4024 Radford Avenue
Studio City, CA 91604
Date: August 25, 2011
For the United States:
THOMAS E. PEREZ
Assistant Attorney General
ALLISON J. NICHOL, Chief
KATHLEEN P. WOLFE, Acting Special Legal Counsel
DOV LUTZKER, Acting Deputy Chief
NAOMI MILTON, Supervisory Attorney
JENNIFER K MCDANNELL, Supervisory Attorney
Disability Rights Section
By:_____________________________
PAULA N. RUBIN, Trial Attorney
BRIAN RYU, Architect
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Phone: 202-307-0663
Fax: 202-514-7821
Date: September 20, 2011
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Exhibit A
CBS, following creative consultation with The Price Is Right Productions, as appropriate, will, except as otherwise provided below, perform the following readily achievable barrier removal as set out in Paragraph 29 of this Agreement. The term "Standards" refers to the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix D (1991 Standards). Although this Exhibit references the 1991 Standards, CBS has the option of making modifications in accordance with the 2010 Standards as described in Paragraph 29 of this Agreement.
The following findings are based upon the United States' on-site accessibility review of the TPIR Facility in December 2008. To the extent that these modifications have already been made, CBS will provide the United States with documentation of its compliance pursuant to Paragraph 37 of this Agreement; however, since the United States has not had the opportunity to review and provide technical assistance regarding such modifications, CBS shall provide this initial report within ninety (90) days after the effective date of this Agreement.
1.Exterior Accessible Route. The ramp from the parking lot to the audience holding area has no accessible handrails. Provide handrails that are between 13 inches and 12 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface and 12 inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.8.5.
2.Drinking Fountains (Holding Area and Employee Area). Although accessible drinking fountains are provided, there is no drinking fountain provided for people who have difficulty bending or stooping. Provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).
3.Men's Designated Accessible Single-User Toilet Room. At the time of the United States' survey, the toilet rooms designated for use by the public with disabilities had the following inaccessible features:
a.The interior door of the vestibule is inaccessible because it requires more than 5 pounds of force to open.
b.The shelf protrudes into the walkway and is not detectable to blind individuals using a cane.
CBS relocated its designated accessible toilet rooms after the United States' December 2008 accessibility review of the TPIR Facility. CBS has designated an accessible toilet room for men and an accessible toilet room for women. CBS states that these designated accessible toilet rooms are in compliance with ADA accessibility requirements. To the maximum extent feasible, CBS shall make all additional modifications that may be required to provide an accessible toilet room for each gender such that all of the rooms' elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), stall size and arrangement (if provided), stall door (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.18, 4.19, 4.26, 4.27, 4.30, Fig 30.
4.Studio 33
a.The studio is inaccessible to people who are deaf or hard of hearing because, although there are more than 50 fixed seats, there is no assistive listening system. Provide a permanently installed assistive listening system serving the fixed seating. Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage and Bidders' Row and has a complete view of the stage and Bidders' Row. Provide a minimum of 14 receivers for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.30, 4.33.
b.CBS has provided the United States with a floorplan of the Bob Barker Studio that shows that the Studio contains 300 fixed seats. During the United States' on-site accessibility review, the Studio was inaccessible because the wheelchair seating lacked fixed companion seating next to each wheelchair seating area. CBS states that it now has four fully accessible wheelchair seating locations. CBS will make every effort to provide 6 wheelchair seating areas, each with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access (or 33 inches wide by 60 inches deep for side access) if two wheelchair seats are provided in a series of two wheelchair seats. The ground or floor at all wheelchair locations shall be level, firm, stable, and slip resistant; wheelchair seating areas shall be an integral part of the fixed seating plan and located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; wheelchair seating areas shall adjoin an accessible route that also serves as a means of egress in case of emergency; and at least one fixed companion seat shall be provided next to each wheelchair seating area. The United States recognizes that it may not be readily achievable to add two (2) additional wheelchair seating locations. Before beginning renovations, CBS shall submit to the Department for review and approval all plans, specifications, and other requested design and construction information and documents; modify the plans and specifications in cooperation with the Department to ensure compliance with ADA requirements; and ensure that construction occurs in accordance with the plans and specifications as modified. 28 C.F.R. § 36.308; Standards §§4.1.3(19)(a), 4.5, 4.33, Figs. 4(e), 46. Should CBS find that it is not readily achievable to install two (2) additional wheelchair seating locations, the parties will work collaboratively to determine the maximum number of ADA-compliant wheelchair locations that can be provided, which shall be no less than four (4).
c.Within one hundred eighty days (180) days after the effective date of this Agreement, CBS, following creative consultation with The Price is Right Productions, as appropriate, will take any steps that may be necessary to preserve comparable lines of sight for individuals seated in wheelchair seating locations and their companions. If audience members stand during taping of the Show, comparable lines of sight include lines of sight over standing spectators. Standards § 4.33.3. Within sixty (60) and one hundred twenty (120) days after the effective date of this Agreement, TPIR will provide status reports to the Department.
d.The Studio lacks fixed aisle seating with removable or folding armrests leaving only the rear row for wheelchair users. Provide 4 aisle seats with no armrests on the aisle side, or with removable or folding armrests on the aisle side, identified by a sign or marker. Provide signage at the audience holding area notifying patrons that such seating is available. Standards § 4.1.3(19)(a).
e.Bidders' Row is inaccessible because it has a slope of 4.9%. Provide a wheelchair seating area in Bidders' Row with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access, or 33 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant, and that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency. Standards §§ 4.1.3(19)(a), 4.5, 4.33, Fig 46.
Exhibit B
Policy of Providing Full and Equal Enjoyment of the Goods and Services
of the TPIR Websites
General Policy. Fremantle provides individuals with disabilities an equal opportunity to benefit from the goods, services, privileges, advantages, and accommodations offered by Fremantle through the use of the TPIR Sites. The TPIR Sites consist of the two websites associated with The Price Is Right (the Show) that are operated or used by Fremantle for purposes of communicating with members of the public, i.e., www.thepriceisright.com and http://on-camera-audiences.com/shows/The_Price_Is_Right.
*Website Accessibility. On-line content is provided in the following manner to be accessible to people with disabilities on the TPIR Sites:
1.For every image posted, including photographs, charts, color-coded information, or other graphics, a text equivalent will be added to the image that can be read by screen readers. The text equivalent will allow individuals with disabilities, such as individuals who are blind, have low vision, or have a disability that affects their ability to read a computer display, and who use screen readers, to understand the basic content of the image or graphical element.
2.All documents will be available and provided in a text-based format to be compatible with assistive technology used by individuals with disabilities. Documents posted in image-based formats are often not accessible to people who use screen readers or people with low vision who use text enlargement programs or different color and font settings.
3.The TPIR Sites allow web browsers and assistive technologies to manipulate colors and font settings. This allows for text enlargement and color variations in the browser of a user with low vision, or for those accessing the page on a large display.
4.For any videos or other multimedia, features will be incorporated to make them accessible. This includes the provision of audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low vision. This also includes the provision of text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.
5.Where applicable, the following additional considerations will also be incorporated in the TPIR Sites:
a.The inclusion of a "skip navigation" link at the top of webpages that allows people who use screen readers to ignore navigation links and skip directly to webpage content;
b.Minimizing the use of blinking, flashing, or other distracting features;
c.If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;
d.Online forms will include descriptive tags that provide individuals with disabilities the information they need to complete and submit the forms;
e.If sounds automatically play, visual notification and captions will also be provided;
f.For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page; and
g.Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as webpages that use frames).
*Website Accessibility Assessment and Action Plan. Fremantle analyzes the content of the TPIR Sites annually to provide for its and their accessibility. In addition to the considerations identified above, Fremantle analyzes the TPIR Sites and their content according to existing guidelines for accessible website design. Fremantle provides training on website accessibility to in-house staff and contractors responsible for webpage and content development on the TPIR Sites. Fremantle also accepts and considers input regarding the accessibility of the TPIR Sites via its ADA Line and email address.
Exhibit C
Contestant Selection Policy for The Price Is Right
The selection of contestants for The Price Is Right (the Show) does not depend on individuals' skills or abilities to play the featured games. The Price Is Right Productions, Inc., selects contestants for the Show to provide an enjoyable and entertaining television viewing experience for the American public and to attract a large viewing audience. Fremantle recognizes that the American public welcomes a television game show in which all individuals, including persons with all types of disabilities, have an equal opportunity to be selected as a contestant, participate, compete for prizes, and win. Fremantle is therefore committed to providing equal access to individuals with disabilities to be considered and selected as contestants and to compete for and win prizes.
Consistent with Fremantle's commitment to equal access for people with disabilities, contestant selection personnel do not consider a person to be ineligible or undesirable as a contestant based on that individual's disability. Fremantle does not have any selection criteria that screen out or tend to screen out any individual on the basis of that individual's disability. Fremantle also makes reasonable modifications to policies, practices, and procedures that may be necessary to provide equal access for individuals with disabilities to be selected, compete, and win on the Show. Such individuals receive auxiliary aids and services that may be necessary to allow them to have an equal opportunity to be considered for and selected as contestants, compete, and win, including auxiliary aids and services that may be necessary for effective communication at any stage of the contestant selection process and during game show participation.
Exhibit D
WAIVER AND RELEASE OF CLAIMS
I, _________________________, hereby agree that in consideration of the terms set forth in the Settlement Agreement Between the United States of America, Fremantle Productions, Inc., and CBS Broadcasting Inc., I hereby release Fremantle Productions, Inc., and CBS Broadcasting Inc. and all of their respective agents, employees, and contractors, as well as any affiliated entities, successors, and assigns, without limitation from any and all legal claims arising from or related to the facts and circumstances described in the Settlement Agreement resolving Department of Justice complaints number 202-12C-317 and 202-12C-369 under Title III of the Americans with Disabilities Act. This includes, but is not limited to, all claims for monetary or equitable relief that I may have under federal law. I have been advised that, before signing this release, I have the right to consult a private attorney regarding its contents. I have read this release and understand its contents, and choose to sign it of my own free will and not under duress.
AGREED TO AND SIGNED this _________ day of _________, 2011.
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UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA,
FREMANTLE PRODUCTIONS, INC., AND CBS BROADCASTING INC.
REGARDING THE PRICE IS RIGHT
Department of Justice
Complaint Numbers 202-12C-317 and 202-12C-369
BACKGROUND
1.The parties (Parties) to this Settlement Agreement (Agreement) are the United States of America and The Price Is Right (TPIR). TPIR consists of both Fremantle Productions, Inc., (Fremantle) in its role as producer of The Price Is Right game show (the Show), and CBS Broadcasting Inc. (CBS), in its role as the provider of the facilities and related services utilized in the production of the Show.
2.The United States Department of Justice (United States) is the federal agency responsible for administering and enforcing Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, on behalf of the United States of America.
B. Investigation
3.This matter was initiated by two complaints filed with the United States which alleged violations of Title III of the ADA (Title III) and its implementing regulation, 28 C.F.R. Part 36, in connection with the Show. Complainant #1 attended a taping of the Show with her mother (Complainant #2), who uses a wheelchair. The taping occurred at Studio 33 (the Bob Barker Studio) at CBS Television City, 7800 Beverly Boulevard, in Los Angeles, California. Complainants #1 and #2 alleged that the wheelchair seating areas at the Bob Barker Studio were at the back of the audience seating area and that the lines of sight for the wheelchair seating were blocked by an elevated riser and by audience members standing in front of them. A complaint from another unrelated person (Complainant #3) alleged generally that TPIR has discriminated against individuals with disabilities because a very small number of individuals with observable disabilities have been selected as contestants on episodes of the Show that have aired on television since the ADA was enacted.
4.The Attorney General of the United States (Attorney General) is authorized to enforce Title III of the ADA by seeking damages, civil penalties, and full compliance with Title III's provisions. 42 U.S.C. § 12188(b); 28 C.F.R. § 36.504. The Attorney General may commence a civil action to enforce Title III in any situation where he believes that a pattern or practice of discrimination exists, or a matter of general public importance is raised. 42 U.S.C. § 12188(b)(1)(B); 28 C.F.R. § 36.503.
5.The Bob Barker Studio is a facility used for the production of television programming. The Show is produced in the Bob Barker Studio and taped there before a studio audience. Because the Bob Barker Studio and its companion facilities, including but not limited to the accessible toilet rooms, gift shop, food service area, water fountains, and telephones, used by members of the public attending a taping of the Show (the TPIR Facility) are open to members of the public, the TPIR Facility is a place of public accommodation pursuant to 28 C.F.R. § 36.104. Fremantle, as licensee of the Bob Barker Studio during the production of the Show, and CBS, as the owner of the TPIR Facility, are subject to the requirements of Title III of the ADA. 42 U.S.C. § 12181(7)(C); 28 C.F.R. § 36.104.
6.The ADA prohibits public accommodations from discriminating against individuals on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, and accommodations. 42 U.S.C. § 12182(a); 28 C.F.R. §36.201(a). The ADA also prohibits public accommodations from using eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, including appearing as a contestant on a television game show. 42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301(a). Among other things, the ADA also requires public accommodations to:
a.Make reasonable modifications to policies, practices, and procedures to afford access to individuals with disabilities that is equal to the access afforded to individuals without disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. §36.302(a);
b.Provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303; and
c.Remove barriers to access for individuals with disabilities where it is readily achievable to do so, 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304.
Title III also provides for certain affirmative defenses, including: 42 U.S.C. §§ 12182(b)(2)(A)(ii)(fundamental alteration defense to reasonable modification requirement), 12182(b)(2)(A)(iii)(fundamental alteration and undue burden defenses to auxiliary aid and services requirements); 12183(a)(2)(technical infeasibility defense for alterations), 12182(b)(2)(A(iv)-(v)(defense that barrier removal is not readily achievable).
7.In assembly areas, the ADA requires wheelchair seating areas to, among other things: (a) be provided in sufficient numbers, (b) be an integral part of any fixed seating plan; (c) provide people with physical disabilities lines of sight comparable to those for members of the general public; and (d) when the seating capacity exceeds 300, be provided in more than one location, which includes vertical dispersal of wheelchair seating areas. 28 C.F.R. Part 36, Appendix D, '' 4.1.3(19)(a), 4.33.
8.Complainant #2 has a mobility disability and uses a wheelchair. Complainant #1, the daughter of Complainant #2, is related to or associated with a person with a disability for purposes of 42 U.S.C. § 12182(b)(1)(E) and 28 C.F.R. § 36.205, which prohibit discrimination against an individual based on the individual's relationship or association with an individual with a disability.
9.The Bob Barker Studio was constructed before the ADA's effective date, and as an existing facility under Title III of the ADA, is subject to Title III's architectural barrier removal requirements. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.104.
10.In December 2008, the United States conducted an investigation of the complaints, including an accessibility review of the Bob Barker Studio, pursuant to 42 U.S.C. § 12188(b)(1)(A) and 28 C.F.R. § 36.502.
C. Findings and representations
11.As a result of its investigation, the United States found that at the time of the investigation CBS had failed to remove certain barriers to access for individuals with disabilities at the Bob Barker Studio when it was readily achievable to do so, in violation of 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304, thereby denying Complainants #1 and #2 equal access to its goods, services, privileges, advantages, facilities, and accommodations within the meaning of 42 U.S.C. §§ 12182(a), 12182(b)(1)(E) and 28 C.F.R. §§ 36.201(a), 36.205. The investigation further revealed that The Price Is Right website (www.priceisright.com) was not fully accessible to individuals with disabilities, and that information regarding wheelchair seating, auxiliary aids and services, and other accommodations that individuals with disabilities may need to attend a taping of the Show or be interviewed as a potential contestant was not readily available on the website.
12.TPIR represents that it has a long-standing commitment to accessibility, including the existence of accessible elements at the TPIR Facility and the maintenance of policies, practices, and procedures regarding accessibility for guests with disabilities. TPIR represents that because of its commitment to accessibility, individuals with an array of disabilities attend and appear as contestants on the Show.
D. The Parties' Agreement to Resolve this Matter Cooperatively
13.TPIR has cooperated fully in the United States' investigation and made clear that it will work cooperatively with the United States to ensure that the Show and the TPIR Facility are in full compliance with the requirements of Title III of the ADA. This Agreement is a negotiated compromise resolution and none of the terms of this Agreement shall be deemed to constitute an admission by Fremantle or CBS of any violation or liability under Title III of the ADA or any other law.
14.In order to avoid the burdens and expenses of further investigation and possible litigation, the Parties enter into this Agreement. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding the matters contained within this Agreement, except as provided in the section entitled "Enforcement."
15.The Parties have determined that Department of Justice complaint numbers 202-12C-317 and 202-12C-369 can be resolved without litigation and have proposed and agreed to the terms of this Agreement.
ACTIONS
A. General Nondiscrimination Requirements
16.Consistent with its current stated practices, TPIR will not violate Title III of the ADA by, among other things, discriminating against any individual on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations. 42 U.S.C. §§ 12181-12189; 28 C.F.R. Part 36. This undertaking includes, but is not limited to, the following:
a.TPIR will not use eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any of its goods, services, facilities, privileges, advantages, or accommodations, including appearing as a contestant on a television game show. 42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301(a);
b.TPIR will make reasonable modifications to policies, practices, and procedures to afford access to individuals with disabilities that is equal to the access afforded to individuals without disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302;
c.TPIR will provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303; and
d.TPIR will remove barriers to access for individuals with disabilities where it is readily achievable to do so in facilities that were designed and constructed prior to January 26, 1993, and which have not been altered, 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. §§ 36.304, 36.308.
TPIR may assert any applicable affirmative defenses.
B. Specific Actions
17.Reasonable Modifications. Consistent with its current stated practices, TPIR will make reasonable modifications to policies, practices, and procedures to afford opportunities and access to individuals with disabilities, including but not limited to individuals who wish to be a member of the audience or eligible to become a contestant on the Show, that are equal to the opportunities and access afforded to individuals without disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302(a). Reasonable modifications are exceptions, modifications, and adjustments to policies, practices, and procedures that are necessary to avoid discrimination against an individual with a disability. Requests for reasonable modifications may be made orally or in writing by or on behalf of an individual with a disability. TPIR will grant requests for such modifications unless it can demonstrate that a requested modification would fundamentally alter the nature of its operations. Individuals who request reasonable modifications will generally not be required to provide medical documentation.
18.Effective Communication. Consistent with its current stated practices, TPIR will provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303. Within thirty (30) days after the effective date of this Agreement TPIR will submit for review and approval by the United States, which approval shall not be unreasonably withheld or delayed, written policies and procedures for providing auxiliary aids and services to achieve effective communication with individuals with disabilities in connection with the Show. The United States shall review the proposed written policy for consistency with the requirements of Title III of the ADA and provide written comments to TPIR. TPIR shall provide the United States with a revised policy that addresses the United States' comments. Within thirty (30) days after receipt of approval of the written policy by the United States, TPIR will adopt, implement, and thereafter maintain the policy.
19.Contestant Eligibility Criteria and Selection. Fremantle has adopted, implemented, and will maintain throughout the term of this Agreement, a written statement that reflects its stated longstanding policy of nondiscrimination in the selection of contestants as reflected in Exhibit C.
20.Definitions. The following definitions shall apply for purposes of this Agreement:
a.The term “TPIR Sites” and, except as used in Paragraph 27 relating to the Outreach Campaign, the term "Websites" or "websites" shall mean and refer to the two websites associated with the Show that are operated or used by Fremantle for purposes of communicating with members of the public, i.e., www.thepriceisright.com, and http://on-camera-audiences.com/shows/The_Price_Is_Right.
b.The term "ADA Complaints" shall mean and refer to complaints regarding the Show and/or the TPIR Facility relating to alleged noncompliance with Title III of the ADA or this Agreement.
c.The term "ADA Line" shall mean and refer to the toll free number established and maintained pursuant to Paragraph 22.
d.The term "ADA email address" shall mean and refer to the email address established and maintained pursuant to Paragraph 22.
21.ADA Coordinator(s). Within ninety (90) days after the effective date of this Agreement, Fremantle will designate and train an employee who will serve as an ADA Coordinator. This employee, who will be trained and knowledgeable regarding TPIR's obligations under Title III of the ADA and this Agreement, may have other duties in addition to being ADA Coordinator. The ADA Coordinator shall work in conjunction with CBS to coordinate TPIR's efforts to comply with its responsibilities under the ADA and this Agreement, including the receipt, investigation, response to, and resolution of ADA Complaints, the coordination of corrective actions and relief for complainants who bring ADA Complaints to TPIR's attention, and maintaining records of ADA Complaints, investigations, and actions taken to comply with this Agreement. Fremantle will make available on the TPIR Sites, in an accessible and conspicuous location (i.e., at the "Contact Us" link) and format (i.e., HTML), the main office address, 1-800 telephone number, and email address of the ADA Coordinator. If the ADA Coordinator leaves his or her position, Fremantle will promptly designate another employee to perform the function.
22.ADA Complaints. Within ninety (90) days of the effective date of this Agreement, Fremantle will designate, implement, publicize, maintain, and keep updated a toll free number, an email address, and a postal address for providing customer service and information to individuals with disabilities and receiving ADA Complaints. The number and addresses will be posted in conspicuous locations that are easy for individuals with disabilities to locate on the TPIR Sites, including the following locations: "Contact Us," "Accessibility," and "Ticketing."
23.ADA Complaint Process. Throughout the term of this Agreement, TPIR will be responsible for receiving, investigating, and responding to all ADA Complaints received at Fremantle's toll free ADA Line, ADA email address, postal address or otherwise brought to the attention of TPIR's corporate offices. TPIR's process for receiving, investigating, and responding to ADA Complaints shall be as follows: (a) within ten (10) business days after an ADA Complaint is received, TPIR will commence an investigation, including contacting the complainant, if necessary, to find out the allegations of the complaint and will investigate the complaint with the appropriate TPIR staff where the complaint originated; (b) TPIR will provide a substantive response to the complainant within thirty (30) days after the ADA Complaint is received; and (c) TPIR will complete its investigation and arrive at a resolution within ninety (90) days after the ADA Complaint is received, including discussing with the complainant, where appropriate, possible resolutions, including training or corrective actions for TPIR staff or contractors and relief for the complainant, which may include compensation, or request an extension of such time period in accordance with Paragraph 42. TPIR will maintain written records of ADA Complaints, its investigations, and its responses to and resolutions of those ADA Complaints throughout the life of this Agreement. With respect to each ADA Complaint TPIR shall disclose to the United States the facts discovered through its investigation, including allegations deemed unfounded; the names and contact information of persons interviewed; the findings made; and the responses to and actions taken to resolve the ADA Complaint. TPIR shall further provide to the United States copies of non-privileged records relating to each ADA Complaint, investigation, and response pursuant to the reporting requirements of Paragraph 37 of this Agreement, and at any other time upon request.
24.Training. Within ninety (90) days of the effective date of this Agreement, or sixty (60) days after the United States approves the Effective Communication Policy, whichever is later, TPIR will train all employees and contractors who have contact with members of the public, including but not limited to contestants and potential contestants, regarding their obligations under the ADA and this Agreement. Such training will be at least ninety (90) minutes in duration for TPIR employees and contractors with regular expected guest contact, (e.g., pages, security, individuals staffing customer hotlines or handling ticketing), and for higher-level employees and contractors who regularly handle issues involving guests and who have responsibilities for supervising the lower-level employees and/or with a more direct role in compliance, and will be provided at TPIR's cost by an individual or organization knowledgeable regarding ADA requirements and approved by the United States, and will include information regarding individuals with a wide variety of different types of disabilities and the types of modifications and auxiliary aids or services that such individuals may require for the full and equal enjoyment of TPIR's goods, services, facilities, privileges, advantages, and accommodations associated with the Show.
25.Contractors and Affiliated Entities. Within ten (10) business days after the effective date of this Agreement, TPIR will notify any and all contractors and entities that directly interface with audience and/or contestants (e.g., ticketing, pages, security) of TPIR's obligations under this Agreement.
26.Information on Websites. Within sixty (60) days after the effective date of this Agreement, Fremantle will submit the proposed text and visual content for a webpage on TPIR Sites labeled "Accessibility" for review and approval by the United States to ensure consistency with ADA requirements, which approval shall not be unreasonably withheld. The webpage text and visual content will include information on procedures for obtaining tickets, attending the Show, and requesting wheelchair and companion seating and other disability-related accommodations (e.g., auxiliary aids or services, and reasonable modifications of policies, practices and procedures). Within forty-five (45) days after approval, Fremantle will post the information reviewed and approved by the United States via a link on TPIR Sites to such webpage at easily located, predictable, accessible, and conspicuous locations.
27.Outreach Campaign. Throughout the term of this Agreement, Fremantle will conduct outreach to encourage individuals with disabilities to attend tapings of the Show. In conducting this outreach, Fremantle shall: (i) provide information on the "Accessibility" and ticketing sections of the TPIR Sites as per the terms of Paragraph 26 above; (ii) include a statement and/or symbol of accessibility in all audience procurement materials (e.g., Craigslist advertisements seeking audience members); (iii) engage in targeted advertising in newspapers, magazines, and websites where individuals with disabilities are the primary intended audience (locally and nationally) B including such publications and/or websites primarily intended for individuals with different types of disabilities, including those who are blind or have low vision, deaf or hard of hearing, have mobility disabilities, and are veterans with disabilities; and (iv) in conjunction with CBS, extend invitations to leaders representing a variety of disability rights groups (e.g., representatives of individuals who are blind or have low vision, deaf or hard of hearing, have mobility disabilities, and veterans with disabilities) for one or more educational meetings during which TPIR and leaders will engage in a dialogue about approaches and best practices for increasing attendance at the Show and interest in being considered as a contestant by people with disabilities. TPIR will explain its policies, practices, and procedures regarding accessibility, highlight accessible routes and elements, and solicit and consider input. The outreach campaign will provide information about how to request wheelchair and companion seating, auxiliary aids and services, and reasonable modifications to policies, practices, and procedures. The outreach efforts will commence within ninety (90) days of the effective date of this Agreement. Fremantle will report on the outreach efforts as part of its reporting obligations set forth elsewhere in this Agreement. The United States acknowledges that nothing in this Paragraph, or elsewhere in this Agreement, is meant to impose any particular quota on TPIR regarding the number of audience members or contestants with disabilities attending the Show.
28.Maintenance of Log. To enable TPIR and the United States to assess compliance with the ADA, compliance with this Agreement, and the impact of the outreach campaign described in Paragraph 27, TPIR will maintain a log containing the following information: requests for accessible seating locations or other disability-related seating accommodations, requests for sign-language interpreters, requests for assistive listening devices, use of a service dog, and written requests for an auxiliary aid or service or modification to policies or procedures that are received in advance of attendance at a taping; and responses or actions taken in response to each request for disability-related accommodations. TPIR will log: the name of the person involved, if known; the date; the nature of the request; and the nature of the disability (if disclosed by the person). TPIR will maintain the log for the duration of this Agreement. A reasonable number of isolated failures, including failures due to taping day exigencies, to log information under this paragraph does not constitute a material breach of this Agreement.
29.Barrier Removal. To comply with its obligations to remove barriers to access to individuals with disabilities at the TPIR Facility, CBS (following creative consultation with The Price Is Right Productions, as appropriate) will make the physical modifications listed in Exhibit A. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. §§ 36.304; 36.308. All modifications listed in Exhibit A will be completed within one hundred and eighty (180) days of the effective date of this Agreement and, because they must be completed before March 15, 2012, can be performed in compliance with CBS's choice of either (i) the technical and scoping requirements of the 1991 Standards for Accessible Design, 28 C.F.R. pt. 36, appendix D, or (ii) the technical and scoping requirements of the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG (as set out in appendices B and D to 36 C.F.R. pt. 1191) and the requirements contained in subpart D of 28 C.F.R. pt. 36. See 28 C.F.R. § 36.104 (definitions). The selected accessibility standard must apply to all modifications made pursuant to this Paragraph and Exhibit A. Except as otherwise noted in Exhibit A, CBS agrees that all barrier removal steps set out in Exhibit A are readily achievable.
30.Navigation Assistance. Understanding that some individuals with disabilities may have difficulty navigating the two center aisles, the route to Bidders' Row, and the route on and off the stage, TPIR will continue to assist individuals, as requested. TPIR will continue to engage in an interactive process to determine what assistance would be effective, understanding that the ultimate decision rests with TPIR. TPIR shall inform guests of the availability of such assistance during the pre-show audience warm-up.
31.Notification Regarding Lawsuits and Investigations. Throughout the term of this Agreement, in connection with the Show, TPIR will notify the United States if TPIR has notice of: (a) any lawsuit filed against TPIR alleging that it has violated Title III of the ADA or a state law prohibiting disability discrimination, excluding allegations of employment discrimination, or (b) any government entity investigation or review relating to TPIR's alleged violation or noncompliance with any law or regulation prohibiting disability discrimination, excluding employment discrimination. Such notifications must be provided to the United States in writing via common carrier Federal Express, UPS, or DHL within fifteen (15) business days of the day when TPIR has notice of the lawsuit or investigation and will include, at a minimum, a copy of any complaint and any non-privileged documentation relevant to the allegation of disability discrimination at issue that is within the possession, custody, or control of TPIR or any of its agents or representatives.
32.Website Accessibility. The TPIR Sites are currently undergoing a transition. Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle shall adopt and, thereafter, maintain the policy of providing full and equal enjoyment of the goods and services of the TPIR Sites, located at Exhibit B (Internet Policy). Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle will conduct an assessment of the websites' compliance with the Internet Policy (Website Accessibility Assessment) and develop a Website Accessibility Action Plan to address any identified deficiencies in the provision of the goods and services of the TPIR Sites identified in the Website Accessibility Assessment, including consideration of, and appropriate response to, feedback provided by visitors to the TPIR Sites. Fremantle shall submit this Plan to the United States for review and approval. After the Website Action Plan is submitted, the following shall occur:
a.Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will distribute the Internet Policy to all persons B employees and contractors B who design, develop, maintain, or otherwise have responsibility for content and format of TPIR Sites (Internet Personnel). Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will provide training to Internet Personnel on website accessibility. Such training will be provided, at Fremantle's expense, by a person or organization knowledgeable regarding website accessibility and approved by the United States.
b.Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will undertake a Website Accessibility Assessment to evaluate the delivery of website content to provide for inclusion and integration of people with disabilities, including individuals who use screen readers or voice interactive software, who use text magnification programs, who require the ability to adjust font size and/or color to view web pages, who require audio description to access video content, and who require captions to access audio materials. The evaluation will take into consideration the following issues, but will also evaluate TPIR Sites according to generally accepted standards for website accessibility, such as the Standards promulgated pursuant to Section 508 of the Rehabilitation Act of 1973, as amended:
(i) For every image posted, including photographs, charts, color-coded information, or other graphics, a text equivalent to the image will be added to allow individuals with disabilities who use screen readers or Braille displays to understand the basic content of the image or graphical element.
(ii) All documents will be posted in a text based format that is compatible with assistive technology, and not as images that do not have text of the file's content in a format accessible to a screen reader and Braille display.
(iii) TPIR Sites will allow Web browsers and other assistive technologies to manipulate colors and font settings on the website for individuals with low vision or color blindness to access the content.
(iv) Videos and other multimedia will incorporate features to make them accessible to individuals with disabilities, including audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to individuals who are blind or have low vision, among others, and the provision of text captions synchronized with the video image to make video and audio tracks accessible to people who are deaf or hard of hearing.
(v) Where appropriate, Fremantle will also include the following considerations in developing TPIR Sites:
(A) The inclusion of a "skip navigation" link at the top of the TPIR Sites that allows people who use screen readers to ignore navigation links and skip directly to web page content;
(B) Minimizing the use of blinking, flashing, or other distracting features;
(C) If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;
(D) Online forms will include descriptive tags that provide individuals with disabilities the information they need to complete and submit the forms;
(E) If sounds automatically play, visual notification and captions will also be provided;
(F) For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page; and
(G) Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as web pages that use frames).
c.Within ninety (90) days after the effective date of this Agreement, Fremantle shall provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page in a conspicuous and accessible location. In that same location, Fremantle will provide a notice soliciting feedback from visitors to websites on how accessibility can be improved and shall provide an accessible means of providing such information.
d.Fremantle shall yearly revise its Website Accessibility Action Plan as needed to address deficiencies in the provision of the goods and services of the TPIR Sites identified in the yearly Website Accessibility Assessment, including consideration of, and appropriate response to, feedback provided by visitors to websites.
e.Within ninety (90) days after the implementation of each Website Accessibility Action Plan, Fremantle shall have completed all actions required for the accessibility of websites and of the provision of goods and services of the TPIR Sites.
C. Monetary Relief
33.The ADA authorizes the Attorney General to seek a court award of compensatory damages on behalf of individuals aggrieved as the result of violations of Title III of the ADA. 42 U.S.C. § 12188(b)(2)(B); 28 C.F.R. § 36.504(a)(2).
34.Within ten (10) days after receipt of a completed W-9 form and an executed release in the form attached to this Agreement as Exhibit D, TPIR will compensate Complainant #1 and Complainant #2 in this matter by sending each of these individuals certified checks and/or money orders made payable to the order of each complainant's name (names to be provided by the United States) in the total amount of Ten Thousand Dollars ($10,000.00), via certified mail, Federal Express, UPS, or DHL, to the address(es) provided by the United States, and will simultaneously send a copy of the check and the accompanying letter to the United States. The payment to one complainant will not be delayed because of nonreceipt of a W-9 Form or release from the other complainant.
35.The ADA also authorizes the Attorney General to seek a civil penalty as a result of violations of the ADA. 42 U.S.C. § 12188(b)(2)(C); 28 C.F.R. § 36.504(a)(3). Within thirty (30) days after the effective date of this Agreement, TPIR will deliver checks and/or money orders in the total amount of Twenty-Five Thousand Dollars ($25,000.00) payable to the United States Treasury as a civil penalty.
D. Miscellaneous Provisions
36.Records. For the term of this Agreement, TPIR shall preserve all records related to this Agreement. Upon reasonable notice to TPIR, representatives of the United States shall be permitted to inspect and copy any of TPIR's records or inspect any of the TPIR Facility bearing on compliance with this Agreement, including any CBS studio where the Show is recorded and the building in which such studio is located, consistent with Paragraph 45, below, at any and all reasonable times, provided, however, that the United States shall endeavor to minimize any inconvenience to TPIR from such inspections. For purposes of this Paragraph, records include copies of recorded episodes of The Price Is Right.
37.Reporting. Within two hundred and ten (210) days after the effective date of this Agreement, on the first anniversary of the effective date of this Agreement, and every year thereafter throughout the term of this Agreement, TPIR will submit a written report to the United States describing its actions relating to compliance and noncompliance with this Agreement, including, inter alia, a copy of all responses provided to individuals with disabilities who requested any auxiliary aids or services and were either denied whatever auxiliary aids or services were requested or received any alternative auxiliary aids or services. A reasonable number of isolated failures, including failures due to taping day exigencies, to log information under this paragraph does not constitute a material breach of this Agreement. If TPIR becomes aware of any instances in which the actions of its employees or contractors who directly interface with audience and/or contestants (e.g., ticketing, pages, security) are inconsistent with TPIR's obligations under this Agreement, it will report such information, along with any corrective actions taken by TPIR to address such issues. TPIR shall provide all contestants with a form on which individuals may disclose on a voluntary basis if they have a disability and the nature thereof (e.g., mobility disability, blindness or low-vision, deaf or hard-of-hearing, other disability). TPIR shall clearly and expressly explain on that form, and to the contestant if asked, that contestants are not required to disclose disability-related information in order to receive any parting gift, prize, or cash award won. In its reporting, TPIR will advise the United States regarding the date of any show in which an individual(s) who voluntarily disclosed disability information appeared as a contestant and the nature of disabilities disclosed. Reporting regarding actions taken to remove barriers to access for individuals with disabilities shall include photographs, which include a tape measure or other appropriate measuring device visible in the photograph to show compliance with the specifications of the ADA Standards. Within thirty (30) days after receipt of a written request by the United States, TPIR shall provide documents and other information sought by the United States to determine compliance with this Agreement. This Agreement does not require TPIR to produce documents subject to the attorney-client privilege or the work-product doctrine to the United States. To safeguard TPIR's trade secrets, commercial, or financial information, the United States will assert all relevant exceptions to production of TPIR's documents pursuant to a Freedom of Information Act request.
38.Items Sent to the United States. All items sent to the United States shall be sent via common carrier Federal Express, UPS, or DHL and addressed as follows: Paula N. Rubin, U.S. Department of Justice, Disability Rights Section, 1425 New York Avenue, N.W., Room 6024, Washington, DC 20005.
39.Items Sent to TPIR. All items sent to TPIR shall be addressed to the following: (i) Suzanne Lopez, Executive Vice President, Business and Legal Affairs, FremantleMedia North America, Inc., 4000 West Alameda Avenue, Third Floor, Burbank, CA 91505, (818) 748-1196, Suzanne.Lopez@fremantlemedia.com; and (ii) Randa G. Soudah, Vice President, Assistant General Counsel, CBS, 4024 Radford Avenue, Studio City, CA 91604, (818) 655-1681, randa.soudah@cbs.com.
40.Costs and Expenses. Each of the Parties shall bear its own costs and expenses associated with, or arising from, its performance of obligations under this Agreement.
ENFORCEMENT
41.If at any time TPIR desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, TPIR will promptly notify the United States in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written agreement by the United States to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the United States, which approval shall not be unreasonably withheld or delayed.
42.For good cause, TPIR may request, in writing, an extension of any time period set forth in this agreement, which extension will not be unreasonably denied. Until there is written agreement by the United States to the proposed extension, the proposed extension will not take effect.
43.The United States may review compliance with this Agreement at any time. If the United States believes that TPIR, its agents, affiliates, assignees, and/or successor in interest as relate to the Show have failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement from the United States for a modification of relevant terms, the United States will notify TPIR in writing and will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within sixty (60) days of the date it provides notice to TPIR, it may institute a civil action in federal district court to enforce the terms of this Agreement or Title III and may, in such action, seek any relief available under law.
44.Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.
45.This Agreement shall be binding on TPIR, its agents, affiliates, assignees, and/or successor in interest as may relate to the Show. In the event TPIR seeks to transfer or assign all or part of its interest in any entity covered by this Agreement, and the successor or assignee intends to carry on the same or similar use of the entity, as a condition of sale, TPIR shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement. If during the term of this Agreement, CBS ceases to provide facilities or services in connection with the Show, CBS shall have no further obligations under this Agreement.
46.A copy of this Agreement will be made available to any person by TPIR or the United States upon request.
47.This Agreement constitutes the entire agreement among the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by any of the Parties or agents of any of the Parties, that is not contained in this written Agreement (including Exhibits A, B, C, and D), shall be enforceable. This Agreement is limited to the resolution of Department of Justice Complaints # 202-12C-317 and 202-12C-369 and does not purport to remedy any other complaints or actual or potential violations of the ADA or any other federal law, including any potential claims of denial of reasonable modification to policies and procedures by anyone other than the complainants specifically referenced in this Agreement. This Agreement does not affect the continuing responsibility of TPIR to comply with all aspects of the ADA. The United States is not aware of any other ADA Title III-related complaints against TPIR.
48.If any term of this Agreement is determined by a court to be unenforceable, the remaining terms of this Agreement will remain in full force and effect.
49.The titles used to designate certain sections and paragraphs of this Agreement are used solely for the Parties' convenience and ease of reference and shall not be construed as having any effect on or modifying the meaning of any term of this Agreement.
50.All TPIR obligations under this Agreement shall become effective immediately upon the effective date, unless otherwise specified herein, and shall continue throughout its term.
51.The persons signing for Fremantle and CBS represent that they are authorized to bind their respective company to this Agreement.
52.This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument.
53.For purposes of this Agreement, all signatures sent as electronic portable document format (.pdf) files shall be accepted as original signatures.
54.This Agreement shall remain in effect for three (3) years.
55.The effective date of this Agreement is the date of the last signature below.
For Fremantle Productions, Inc.:
By:____________________________
SUZANNE LOPEZ
Executive Vice President, Business & Legal Affairs
FremantleMedia North America, Inc.
4000 West Alameda Avenue, Third Floor
Burbank, CA 91505
Date:August 26, 2011
For CBS Broadcasting Inc.:
By:____________________________
JONATHAN H. ANSCHELL
Executive Vice President and General Counsel
CBS Broadcasting Inc.
4024 Radford Avenue
Studio City, CA 91604
Date: August 25, 2011
For the United States:
THOMAS E. PEREZ
Assistant Attorney General
ALLISON J. NICHOL, Chief
KATHLEEN P. WOLFE, Acting Special Legal Counsel
DOV LUTZKER, Acting Deputy Chief
NAOMI MILTON, Supervisory Attorney
JENNIFER K MCDANNELL, Supervisory Attorney
Disability Rights Section
By:_____________________________
PAULA N. RUBIN, Trial Attorney
BRIAN RYU, Architect
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Phone: 202-307-0663
Fax: 202-514-7821
Date: September 20, 2011
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Exhibit A
CBS, following creative consultation with The Price Is Right Productions, as appropriate, will, except as otherwise provided below, perform the following readily achievable barrier removal as set out in Paragraph 29 of this Agreement. The term "Standards" refers to the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix D (1991 Standards). Although this Exhibit references the 1991 Standards, CBS has the option of making modifications in accordance with the 2010 Standards as described in Paragraph 29 of this Agreement.
The following findings are based upon the United States' on-site accessibility review of the TPIR Facility in December 2008. To the extent that these modifications have already been made, CBS will provide the United States with documentation of its compliance pursuant to Paragraph 37 of this Agreement; however, since the United States has not had the opportunity to review and provide technical assistance regarding such modifications, CBS shall provide this initial report within ninety (90) days after the effective date of this Agreement.
1.Exterior Accessible Route. The ramp from the parking lot to the audience holding area has no accessible handrails. Provide handrails that are between 13 inches and 12 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface and 12 inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.8.5.
2.Drinking Fountains (Holding Area and Employee Area). Although accessible drinking fountains are provided, there is no drinking fountain provided for people who have difficulty bending or stooping. Provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).
3.Men's Designated Accessible Single-User Toilet Room. At the time of the United States' survey, the toilet rooms designated for use by the public with disabilities had the following inaccessible features:
a.The interior door of the vestibule is inaccessible because it requires more than 5 pounds of force to open.
b.The shelf protrudes into the walkway and is not detectable to blind individuals using a cane.
CBS relocated its designated accessible toilet rooms after the United States' December 2008 accessibility review of the TPIR Facility. CBS has designated an accessible toilet room for men and an accessible toilet room for women. CBS states that these designated accessible toilet rooms are in compliance with ADA accessibility requirements. To the maximum extent feasible, CBS shall make all additional modifications that may be required to provide an accessible toilet room for each gender such that all of the rooms' elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), stall size and arrangement (if provided), stall door (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.18, 4.19, 4.26, 4.27, 4.30, Fig 30.
4.Studio 33
a.The studio is inaccessible to people who are deaf or hard of hearing because, although there are more than 50 fixed seats, there is no assistive listening system. Provide a permanently installed assistive listening system serving the fixed seating. Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage and Bidders' Row and has a complete view of the stage and Bidders' Row. Provide a minimum of 14 receivers for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.30, 4.33.
b.CBS has provided the United States with a floorplan of the Bob Barker Studio that shows that the Studio contains 300 fixed seats. During the United States' on-site accessibility review, the Studio was inaccessible because the wheelchair seating lacked fixed companion seating next to each wheelchair seating area. CBS states that it now has four fully accessible wheelchair seating locations. CBS will make every effort to provide 6 wheelchair seating areas, each with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access (or 33 inches wide by 60 inches deep for side access) if two wheelchair seats are provided in a series of two wheelchair seats. The ground or floor at all wheelchair locations shall be level, firm, stable, and slip resistant; wheelchair seating areas shall be an integral part of the fixed seating plan and located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; wheelchair seating areas shall adjoin an accessible route that also serves as a means of egress in case of emergency; and at least one fixed companion seat shall be provided next to each wheelchair seating area. The United States recognizes that it may not be readily achievable to add two (2) additional wheelchair seating locations. Before beginning renovations, CBS shall submit to the Department for review and approval all plans, specifications, and other requested design and construction information and documents; modify the plans and specifications in cooperation with the Department to ensure compliance with ADA requirements; and ensure that construction occurs in accordance with the plans and specifications as modified. 28 C.F.R. § 36.308; Standards §§4.1.3(19)(a), 4.5, 4.33, Figs. 4(e), 46. Should CBS find that it is not readily achievable to install two (2) additional wheelchair seating locations, the parties will work collaboratively to determine the maximum number of ADA-compliant wheelchair locations that can be provided, which shall be no less than four (4).
c.Within one hundred eighty days (180) days after the effective date of this Agreement, CBS, following creative consultation with The Price is Right Productions, as appropriate, will take any steps that may be necessary to preserve comparable lines of sight for individuals seated in wheelchair seating locations and their companions. If audience members stand during taping of the Show, comparable lines of sight include lines of sight over standing spectators. Standards § 4.33.3. Within sixty (60) and one hundred twenty (120) days after the effective date of this Agreement, TPIR will provide status reports to the Department.
d.The Studio lacks fixed aisle seating with removable or folding armrests leaving only the rear row for wheelchair users. Provide 4 aisle seats with no armrests on the aisle side, or with removable or folding armrests on the aisle side, identified by a sign or marker. Provide signage at the audience holding area notifying patrons that such seating is available. Standards § 4.1.3(19)(a).
e.Bidders' Row is inaccessible because it has a slope of 4.9%. Provide a wheelchair seating area in Bidders' Row with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access, or 33 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant, and that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency. Standards §§ 4.1.3(19)(a), 4.5, 4.33, Fig 46.
Exhibit B
Policy of Providing Full and Equal Enjoyment of the Goods and Services
of the TPIR Websites
General Policy. Fremantle provides individuals with disabilities an equal opportunity to benefit from the goods, services, privileges, advantages, and accommodations offered by Fremantle through the use of the TPIR Sites. The TPIR Sites consist of the two websites associated with The Price Is Right (the Show) that are operated or used by Fremantle for purposes of communicating with members of the public, i.e., www.thepriceisright.com and http://on-camera-audiences.com/shows/The_Price_Is_Right.
*Website Accessibility. On-line content is provided in the following manner to be accessible to people with disabilities on the TPIR Sites:
1.For every image posted, including photographs, charts, color-coded information, or other graphics, a text equivalent will be added to the image that can be read by screen readers. The text equivalent will allow individuals with disabilities, such as individuals who are blind, have low vision, or have a disability that affects their ability to read a computer display, and who use screen readers, to understand the basic content of the image or graphical element.
2.All documents will be available and provided in a text-based format to be compatible with assistive technology used by individuals with disabilities. Documents posted in image-based formats are often not accessible to people who use screen readers or people with low vision who use text enlargement programs or different color and font settings.
3.The TPIR Sites allow web browsers and assistive technologies to manipulate colors and font settings. This allows for text enlargement and color variations in the browser of a user with low vision, or for those accessing the page on a large display.
4.For any videos or other multimedia, features will be incorporated to make them accessible. This includes the provision of audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low vision. This also includes the provision of text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.
5.Where applicable, the following additional considerations will also be incorporated in the TPIR Sites:
a.The inclusion of a "skip navigation" link at the top of webpages that allows people who use screen readers to ignore navigation links and skip directly to webpage content;
b.Minimizing the use of blinking, flashing, or other distracting features;
c.If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;
d.Online forms will include descriptive tags that provide individuals with disabilities the information they need to complete and submit the forms;
e.If sounds automatically play, visual notification and captions will also be provided;
f.For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page; and
g.Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as webpages that use frames).
*Website Accessibility Assessment and Action Plan. Fremantle analyzes the content of the TPIR Sites annually to provide for its and their accessibility. In addition to the considerations identified above, Fremantle analyzes the TPIR Sites and their content according to existing guidelines for accessible website design. Fremantle provides training on website accessibility to in-house staff and contractors responsible for webpage and content development on the TPIR Sites. Fremantle also accepts and considers input regarding the accessibility of the TPIR Sites via its ADA Line and email address.
Exhibit C
Contestant Selection Policy for The Price Is Right
The selection of contestants for The Price Is Right (the Show) does not depend on individuals' skills or abilities to play the featured games. The Price Is Right Productions, Inc., selects contestants for the Show to provide an enjoyable and entertaining television viewing experience for the American public and to attract a large viewing audience. Fremantle recognizes that the American public welcomes a television game show in which all individuals, including persons with all types of disabilities, have an equal opportunity to be selected as a contestant, participate, compete for prizes, and win. Fremantle is therefore committed to providing equal access to individuals with disabilities to be considered and selected as contestants and to compete for and win prizes.
Consistent with Fremantle's commitment to equal access for people with disabilities, contestant selection personnel do not consider a person to be ineligible or undesirable as a contestant based on that individual's disability. Fremantle does not have any selection criteria that screen out or tend to screen out any individual on the basis of that individual's disability. Fremantle also makes reasonable modifications to policies, practices, and procedures that may be necessary to provide equal access for individuals with disabilities to be selected, compete, and win on the Show. Such individuals receive auxiliary aids and services that may be necessary to allow them to have an equal opportunity to be considered for and selected as contestants, compete, and win, including auxiliary aids and services that may be necessary for effective communication at any stage of the contestant selection process and during game show participation.
Exhibit D
WAIVER AND RELEASE OF CLAIMS
I, _________________________, hereby agree that in consideration of the terms set forth in the Settlement Agreement Between the United States of America, Fremantle Productions, Inc., and CBS Broadcasting Inc., I hereby release Fremantle Productions, Inc., and CBS Broadcasting Inc. and all of their respective agents, employees, and contractors, as well as any affiliated entities, successors, and assigns, without limitation from any and all legal claims arising from or related to the facts and circumstances described in the Settlement Agreement resolving Department of Justice complaints number 202-12C-317 and 202-12C-369 under Title III of the Americans with Disabilities Act. This includes, but is not limited to, all claims for monetary or equitable relief that I may have under federal law. I have been advised that, before signing this release, I have the right to consult a private attorney regarding its contents. I have read this release and understand its contents, and choose to sign it of my own free will and not under duress.
AGREED TO AND SIGNED this _________ day of _________, 2011.
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Wednesday, September 21, 2011
Henry T. Chandler Jr., 1954-2011 : Chairman for Access Living
Henry T. Chandler Jr., 1954-2011
As a board member and chairman for Access Living, Henry "Harry" Chandler Jr. was a soft-spoken and effective advocate for people with disabilities. But his contributions to the community didn't stop there.
{photo: Harry Chandler, with his mother Clarissa Chandler}
"He was thoughtful about issues of civil liberties, the environment and public transit," said Marca Bristo, president and CEO of Access Living, which provides services and advocacy for people with a wide variety of disabilities.
Mr. Chandler, a quadriplegic who used a wheelchair after a surfing accident when he was in college, was on the boards of several other community organizations, including the Chicago Transit Board, the American Civil Liberties Union of Illinois and Openlands, Bristo said.
Mr. Chandler, 56, died Tuesday, Sept. 13, in Northwestern Memorial Hospital in Chicago, according to his mother, Clarissa Chandler. The cause of death was a pulmonary embolism, said his sister, Laura Chandler. He had lived in Chicago for about 18 years.
Mr. Chandler was a 20-year-old college student in California when a surfing accident injured his spinal cord and left him a quadriplegic. He underwent rehabilitation at what is now Rancho Los Amigos National Rehabilitation Center in Downey, Calif., before coming back to the Chicago area to live with his family in Lake Forest. He enrolled at Lake Forest College and graduated in 1980 with a degree in philosophy.
After graduation, Mr. Chandler joined a program that trained people with disabilities to use computers and then placed them in internships with area companies.
An internship with Allstate Insurance Co. in Northbrook turned into a full-time job, and Mr. Chandler worked there for a number of years.
In 1996, Mr. Chandler joined the board of Access Living. He had met Bristo at the Rehabilitation Institute of Chicago and she had been persistent in trying to recruit him as a board member.
"It took quite a bit of talking," Bristo said of her efforts to convince Mr. Chandler that his experiences could be helpful to others.
Mr. Chandler chaired the organization's board from 2003 to 2008, lending his leadership skills to several critical issues, including a major capital campaign to build what is now the organization's permanent home at 115 W. Chicago Ave. in Chicago.
He also led the organization in 2007 when Access Living brought a class action suit against the state of Illinois on behalf of more than 20,000 people with disabilities receiving Medicaid and living in nursing homes in Cook County.
Access Living's contention was that the state was violating the Americans with Disabilities Act by sequestering disabled people in nursing homes. A proposed settlement reached in August, which remains subject to court approval, would allow those people to transition to homes of their choice.
"Another person might not have had the courage to take on the state, especially since we receive some state funding," Bristo said.
Mr. Chandler's advocacy efforts didn't stop with people with disabilities, according to Terry Peterson, chairman of the Chicago Transit Authority's Chicago Transit Board.
"Harry was an advocate for all transit riders, not just those with disabilities," Peterson said. "He always asked the tough questions, but also the right questions," Peterson said, adding that Mr. Chandler had a lively sense of humor and was someone with whom he could always discuss ideas.
Jerry Adelmann, president and CEO of Openlands, the Chicago-based land conservation organization, said Mr. Chandler, who joined the Openlands board in 2006, brought a "wonderful perspective" to the organization.
Mr. Chandler was recently involved in accessibility considerations for the organization's just-dedicated Openlands Lakeshore Preserve in Fort Sheridan, north of Chicago.
"He had a broad focus on inclusiveness in society in general," Adelmann said.
Mr. Chandler was married in 1986 and divorced seven years later, according to a stepdaughter.
Mr. Chandler is also survived by his father, Henry Chandler Sr.; a sister, Phoebe Turner; a brother, Edward; and stepdaughters Elaine Delaney Frei and Rachel Delaney.
A celebration of Mr. Chandler's life is planned for 5 to 7 p.m. Oct. 6 in the Henry T. Chandler Jr. Gallery in the Access Living offices, 115 W. Chicago Ave., Chicago.
# Source: Chicago Tribune By Graydon Megan, Special to the Tribune
http://www.chicagotribune.com/news/local/ct-met-chandler-obit-20110922,0,6937.story
As a board member and chairman for Access Living, Henry "Harry" Chandler Jr. was a soft-spoken and effective advocate for people with disabilities. But his contributions to the community didn't stop there.
"He was thoughtful about issues of civil liberties, the environment and public transit," said Marca Bristo, president and CEO of Access Living, which provides services and advocacy for people with a wide variety of disabilities.
Mr. Chandler, a quadriplegic who used a wheelchair after a surfing accident when he was in college, was on the boards of several other community organizations, including the Chicago Transit Board, the American Civil Liberties Union of Illinois and Openlands, Bristo said.
Mr. Chandler, 56, died Tuesday, Sept. 13, in Northwestern Memorial Hospital in Chicago, according to his mother, Clarissa Chandler. The cause of death was a pulmonary embolism, said his sister, Laura Chandler. He had lived in Chicago for about 18 years.
Mr. Chandler was a 20-year-old college student in California when a surfing accident injured his spinal cord and left him a quadriplegic. He underwent rehabilitation at what is now Rancho Los Amigos National Rehabilitation Center in Downey, Calif., before coming back to the Chicago area to live with his family in Lake Forest. He enrolled at Lake Forest College and graduated in 1980 with a degree in philosophy.
After graduation, Mr. Chandler joined a program that trained people with disabilities to use computers and then placed them in internships with area companies.
An internship with Allstate Insurance Co. in Northbrook turned into a full-time job, and Mr. Chandler worked there for a number of years.
In 1996, Mr. Chandler joined the board of Access Living. He had met Bristo at the Rehabilitation Institute of Chicago and she had been persistent in trying to recruit him as a board member.
"It took quite a bit of talking," Bristo said of her efforts to convince Mr. Chandler that his experiences could be helpful to others.
Mr. Chandler chaired the organization's board from 2003 to 2008, lending his leadership skills to several critical issues, including a major capital campaign to build what is now the organization's permanent home at 115 W. Chicago Ave. in Chicago.
He also led the organization in 2007 when Access Living brought a class action suit against the state of Illinois on behalf of more than 20,000 people with disabilities receiving Medicaid and living in nursing homes in Cook County.
Access Living's contention was that the state was violating the Americans with Disabilities Act by sequestering disabled people in nursing homes. A proposed settlement reached in August, which remains subject to court approval, would allow those people to transition to homes of their choice.
"Another person might not have had the courage to take on the state, especially since we receive some state funding," Bristo said.
Mr. Chandler's advocacy efforts didn't stop with people with disabilities, according to Terry Peterson, chairman of the Chicago Transit Authority's Chicago Transit Board.
"Harry was an advocate for all transit riders, not just those with disabilities," Peterson said. "He always asked the tough questions, but also the right questions," Peterson said, adding that Mr. Chandler had a lively sense of humor and was someone with whom he could always discuss ideas.
Jerry Adelmann, president and CEO of Openlands, the Chicago-based land conservation organization, said Mr. Chandler, who joined the Openlands board in 2006, brought a "wonderful perspective" to the organization.
Mr. Chandler was recently involved in accessibility considerations for the organization's just-dedicated Openlands Lakeshore Preserve in Fort Sheridan, north of Chicago.
"He had a broad focus on inclusiveness in society in general," Adelmann said.
Mr. Chandler was married in 1986 and divorced seven years later, according to a stepdaughter.
Mr. Chandler is also survived by his father, Henry Chandler Sr.; a sister, Phoebe Turner; a brother, Edward; and stepdaughters Elaine Delaney Frei and Rachel Delaney.
A celebration of Mr. Chandler's life is planned for 5 to 7 p.m. Oct. 6 in the Henry T. Chandler Jr. Gallery in the Access Living offices, 115 W. Chicago Ave., Chicago.
# Source: Chicago Tribune By Graydon Megan, Special to the Tribune
http://www.chicagotribune.com/news/local/ct-met-chandler-obit-20110922,0,6937.story
'Medicaid Matters' Rally on Capitol Hill, Video & Article - Sept 21, 2011
Rally on Capitol Hill: 'Medicaid Matters'
Today on Capitol Hill, Senators Bernie Sanders and Tom Harkin, along with Representative Dennis Kucinich and other legislators, addressed a rally aimed at persuading Congress and President Obama to protect Medicaid in the upcoming deficit and budget deals.
The deficit reduction package touted by President Obama this week would cut over $72 billion from Medicaid, and the super-committee and Republicans in the House might choose to go much further. The rally had a particular emphasis on the effect of cuts on people with disablities, eight million of whom rely on Medicaid. It was led by the disability rights group ADAPT and had more than 90 cosponsors, ranging from the AARP and Families USA to the SEIU.
Nation D.C. intern Cal Colgan was there and filmed this video:
YouTube Uploaded by videonation on Sep 21, 2011
{video: Senators Tom Harkin and Bernie Sanders address a rally to preserve Medicaid in the upcoming deficit and budget deals}
Medicaid operates on such slim margins that cuts of almost any magnitude hurt recipients. “The Medicaid cuts in the president’s proposal shift the burden to states and ultimately onto the shoulders of seniors, people with disabilities and low-income families who depend on the program as their lifeline,” Ronald F. Pollack, executive director of Families USA, told the New York Times today.
# Source: The Nation by George Zornick Sept 21 2011
http://www.thenation.com/blog/163554/rally-capitol-hill-medicaid-matters
Today on Capitol Hill, Senators Bernie Sanders and Tom Harkin, along with Representative Dennis Kucinich and other legislators, addressed a rally aimed at persuading Congress and President Obama to protect Medicaid in the upcoming deficit and budget deals.
The deficit reduction package touted by President Obama this week would cut over $72 billion from Medicaid, and the super-committee and Republicans in the House might choose to go much further. The rally had a particular emphasis on the effect of cuts on people with disablities, eight million of whom rely on Medicaid. It was led by the disability rights group ADAPT and had more than 90 cosponsors, ranging from the AARP and Families USA to the SEIU.
Nation D.C. intern Cal Colgan was there and filmed this video:
YouTube Uploaded by videonation on Sep 21, 2011
{video: Senators Tom Harkin and Bernie Sanders address a rally to preserve Medicaid in the upcoming deficit and budget deals}
Medicaid operates on such slim margins that cuts of almost any magnitude hurt recipients. “The Medicaid cuts in the president’s proposal shift the burden to states and ultimately onto the shoulders of seniors, people with disabilities and low-income families who depend on the program as their lifeline,” Ronald F. Pollack, executive director of Families USA, told the New York Times today.
# Source: The Nation by George Zornick Sept 21 2011
http://www.thenation.com/blog/163554/rally-capitol-hill-medicaid-matters
Museum Day : Sat Sept 24, 2011 : Museum Day Ticket Free - Chicago Museums & other cities
In the spirit of Smithsonian Museums, who offer free admission everyday, Museum Day is an annual event hosted by Smithsonian magazine in which participating museums across the country open their doors to anyone presenting a Museum Day Ticket...for free.
•Only an official Museum Day ticket is eligible for free entry. Official tickets can be found here on the Museum Day website soon, stay tuned.
•One ticket per household, for two people.
•A ticket will gain entry to only one of the participating museums, excluding parking and special events and exhibits.
•If museum reaches capacity, museum has right to limit the number of guests until space becomes available.
Adler Planetarium
Chicago
Balzekas Museum of Lithaunian Culture
Chicago
Clarke House Museum
Chicago
DuSable Museum of African American History
Chicago
Frank Lloyd Wright Home and Studio
Oak Park
Glessner House Museum
Chicago
Illinois State Museum Chicago Gallery
Chicago
Intuit: The Center for Intuitive and Outsider Art
Chicago
Loyola University Museum of Art
Chicago
Museum of Contemporary Art Chicago
Chicago
National Veterans Art Museum
Chicago
Smart Museum of Art
Chicago
Swedish American Museum
Chicago
West Chicago City Museum
West Chicago
To receive your free Museum Day Ticket for two people, visit:
http://www.smithsonianmag.com/museumday/ticket/
For More Museum Day Cities Visit Smithsonian.com:
http://www.smithsonianmag.com/museumday/
•Only an official Museum Day ticket is eligible for free entry. Official tickets can be found here on the Museum Day website soon, stay tuned.
•One ticket per household, for two people.
•A ticket will gain entry to only one of the participating museums, excluding parking and special events and exhibits.
•If museum reaches capacity, museum has right to limit the number of guests until space becomes available.
CHICAGO MUSEUMS
Adler Planetarium
Chicago
Balzekas Museum of Lithaunian Culture
Chicago
Clarke House Museum
Chicago
DuSable Museum of African American History
Chicago
Frank Lloyd Wright Home and Studio
Oak Park
Glessner House Museum
Chicago
Illinois State Museum Chicago Gallery
Chicago
Intuit: The Center for Intuitive and Outsider Art
Chicago
Loyola University Museum of Art
Chicago
Museum of Contemporary Art Chicago
Chicago
National Veterans Art Museum
Chicago
Smart Museum of Art
Chicago
Swedish American Museum
Chicago
West Chicago City Museum
West Chicago
To receive your free Museum Day Ticket for two people, visit:
http://www.smithsonianmag.com/museumday/ticket/
For More Museum Day Cities Visit Smithsonian.com:
http://www.smithsonianmag.com/museumday/
Triathletes with Disabilities training for 2016 Paralympics : article & video
June 19, 2011 (CHICAGO) (WLS) -- A new sport will be played in the 2016 Paralympic Games, and it requires talent with different physical adaptations.
Triathlon is the new event. It's already generating a strong group of athletes with disabilities who are now starting to train with a new organization called Dare 2 Tri.
Triathletes must swim, bike and run. For athletes with physical disabilities there are more challenges, according to 2008 Paralympics swimmer Melissa Stockwell.
" As an above the knee amputee so we'll swim with no prosthetic. So, we'll just get in the water and swim. But then at the water's edge when we get out ,we'll have someone hand us quickly our running leg, put the running leg on. We'll run from the water's edge to the transition area. From the transition area, we'll run to out bike, and at the point, we'll switch from our running leg to our biking leg. Come back and switch back to the running leg," said Stockwell, who has completed several triathlons.
"In September of last year, the world championship took place in Budapest, and I was lucky enough to come across the finish line first. So, that was pretty exciting," she said.
Stockwell is one of the co-founders of Dare 2 Tri triathlon club, which started earlier this year.
Keri Schindler from Great Lakes Adaptive Sport Association is another co-founder.
"When we started this idea, we thought we might get eight to 10 athletes interested in the sport of triathlon, and we currently have 64 athletes with a physical or visual impairment signed up to participate in this triathlon this first season in 2011," Schindler said.
To help train for the Paralympics Games, athletes have to compete in general triathlons that are scheduled around the country. But during the Paralympics, triathletes will compete against athletes who have similar disabilities.
Mary Kate Callahan is training in the wheelchair event. Her original goal was to qualify for 2016 Paralympics Games as a swimmer.
" I love all sports like swimming, track and hand cycle, and I thought it'd be cool to just incorporate all of them in one event. And its been hard for me to choose one sport and just stick with it. So, I love trying to do track and swim and do hand cycle," said Callahan.
"I'm very new to the sport of running. I kind of just decided in February that this was something I wanted to do. So, I just got fit with this running a couple months ago and ran my first 5K a week after the fact," said Hailey Danisewicz, who is new to competitive sports
"Our club motto is one inspires many. And we truly believe that having athletes with disabilities out there competing at various triathlons different distances -- from super sprint all the way through iron man -- really inspires individuals to get active and be healthy and get involved in their community events," said Schindler.
"The goal is to get these athletes into these triathlons through various sponsorships and through various partners. We're able to kind of help with the registration cost of doing the races and kind of just to get these athletes out there to the starting line," said Stockwell.
"It's a lot of training for them. Some of them have competed previously, but most of them are new. So, first time experiences for them, which is good," said Dan Tun, also a co-founder of Dare 2 Tri who has competed in the Ironman competition.
"Kind of have to have that four or five years plan because the Paralympics are on the same level as the Olympics, and those athletes are elite athletes that train for many, many years," said Schindler said.
Paralympics will also have a triathlon division for the blind and visual impaired.
#For more information, visit www.dare2trichicago.com.
# ABC7 Chicago report by Karen Meyer, Disability Issues;
For more ABC7 Disability Issues visit: http://abclocal.go.com/wls/explore?section=wls/news/disability_issues
Chicago: $3.3 Million Grant Expands UIC Disabilities Training Program : Sept 20 2011
A successful University of Illinois at Chicago-based interdisciplinary effort to train leaders in programs that help children with developmental disabilities and autism has won a $3.3 million five-year grant from the Department of Health and Human Services’ Health Resources and Services Administration-Maternal and Child Health Bureau.
The grant will be used to expand UIC’s Leadership Education in Neurodevelopmental and other related Disabilities, or LEND, program which trains healthcare providers and administrators who work with families that include children with developmental and intellectual disabilities.
Since its beginning in 2008, the LEND program has graduated 50 students representing 14 academic disciplines. The expanded program this year has 26 students from 15 disciplines. The continued funding will also provide more training for community health care professionals on disability issues, especially early identification of Autism Spectrum Disorders.
“The program is unique because it completely embraces the interdisciplinary approach by training one or two graduate students or professionals from each of the disciplines,” said Ann Cutler, clinical assistant professor of health and human development and the program’s principal investigator. Weekly seminars bring together speakers and students from the varied disciplines — disability studies, nursing, nutrition, occupational and physical therapy, psychology and psychiatry, the family and self-advocate disciplines, public health, and social work — to foster wide-ranging discussion of issues from different perspectives.
“This is an important element of the program,” Cutler said. “It’s so rare to have representatives from 15 different disciplines in the same room, engaging in discussion.”
Admission to the LEND program is competitive. Participants are graduate students or professionals in their field. The program includes seminars, didactic and clinical training, readings, projects and other assignments. UIC partners with the University of Chicago, Rush University, Southern Illinois University and The Autism Program among other area institutions and schools for clinical training.
LEND has exceeded its initial goals by providing training to students and professionals in many areas of maternal child health; published over 200 peer-reviewed articles, books or chapters on neurodevelopmental and related disorders; and provided over 4,000 hours of tailored, special assistance to healthcare agencies, groups and professionals, in addition to other services.
Cutler said that those who have already completed the LEND program have been hired for top administrative, academic and clinical positions at hospitals, clinics and universities around the country.
“Many health care providers and decision makers don’t receive adequate training to address the diverse needs of the growing number of families with children with developmental and intellectual disabilities,” she said. LEND can change that for the better, “and make a difference for children and families.”
#For more information about UIC, visit www.uic.edu
# Source: Press Release Services - News.Gnm.es - Sept 20 2011
The grant will be used to expand UIC’s Leadership Education in Neurodevelopmental and other related Disabilities, or LEND, program which trains healthcare providers and administrators who work with families that include children with developmental and intellectual disabilities.
Since its beginning in 2008, the LEND program has graduated 50 students representing 14 academic disciplines. The expanded program this year has 26 students from 15 disciplines. The continued funding will also provide more training for community health care professionals on disability issues, especially early identification of Autism Spectrum Disorders.
“The program is unique because it completely embraces the interdisciplinary approach by training one or two graduate students or professionals from each of the disciplines,” said Ann Cutler, clinical assistant professor of health and human development and the program’s principal investigator. Weekly seminars bring together speakers and students from the varied disciplines — disability studies, nursing, nutrition, occupational and physical therapy, psychology and psychiatry, the family and self-advocate disciplines, public health, and social work — to foster wide-ranging discussion of issues from different perspectives.
“This is an important element of the program,” Cutler said. “It’s so rare to have representatives from 15 different disciplines in the same room, engaging in discussion.”
Admission to the LEND program is competitive. Participants are graduate students or professionals in their field. The program includes seminars, didactic and clinical training, readings, projects and other assignments. UIC partners with the University of Chicago, Rush University, Southern Illinois University and The Autism Program among other area institutions and schools for clinical training.
LEND has exceeded its initial goals by providing training to students and professionals in many areas of maternal child health; published over 200 peer-reviewed articles, books or chapters on neurodevelopmental and related disorders; and provided over 4,000 hours of tailored, special assistance to healthcare agencies, groups and professionals, in addition to other services.
Cutler said that those who have already completed the LEND program have been hired for top administrative, academic and clinical positions at hospitals, clinics and universities around the country.
“Many health care providers and decision makers don’t receive adequate training to address the diverse needs of the growing number of families with children with developmental and intellectual disabilities,” she said. LEND can change that for the better, “and make a difference for children and families.”
#For more information about UIC, visit www.uic.edu
# Source: Press Release Services - News.Gnm.es - Sept 20 2011
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