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| FOR IMMEDIATE RELEASE | FOR FURTHER INFORMATION CONTACT: |
| WEDNESDAY SEPTEMBER 8, 1999 | VERONICA F. COLEMAN (901) 544-4231 or DEBORAH CUNNINGHAM (901) 726-6404 |
MEMPHIS, TN - U.S. Attorney Veronica F. Coleman and Deborah Cunningham, an organizer for Memphis ADAPT, announced today that the Public Eye and Overton Square Investors, LLC have agreed to make improvements to the restaurant and the adjacent parking lot, located in Overton Square, designed to improve accessibility to the facility by persons with disabilities pursuant to a consent decree filed in U.S. District Court on August 31, 1999. Deborah Cunningham, the Executive Director of the Memphis Center for Independent Living, originally filed a complaint against the Public Eye alleging that the restaurant was in violation of the 1990 Americans with Disabilities Act. The United States Attorney's Office intervened in the case on behalf of the United States under a provision of the ADA authorizing the U.S. Department of Justice to enforce the provisions of the Act.
The consent decree negotiated by Ms. Cunningham and the U.S. Attorney's office requires Mitch Goldberg, the owner of the Public Eye, to provide an accessible entrance into the restaurant, remove a step barrier within the restaurant, and make renovations to a restroom. The consent decree also provides for the Public Eye to reposition a public telephone, make braille or recorded menus available to vision impaired patrons, and provide training to employees on assisting patrons with disabilities. Mr. Goldberg has also agreed to pay a fine of $1,000.00 to the United States for violations of the ADA. In addition, Southland Capital Corporation, the parent company of Overton Square Investors, LLC agreed to restripe three accessible parking spaces adjacent to the Public Eye to comply with the regulations issued to enforce the ADA and will make a $5,000.00 contribution to Memphis ADAPT to continue its advocacy work on behalf of persons with disabilities.
This case represents the culmination of a four year effort by Memphis ADAPT to obtain ADA compliance by the Public Eye and is the first case filed by the United States Attorney's Office for the Western District of Tennessee to enforce the provisions of the Americans with Disabilities Act under an initiative of Attorney General Janet Reno designed to supplement the efforts of the Civil Rights Division of the Department of Justice in enforcing the ADA.