Source: Office of United States Attorneys
Fargo – United States Attorney Mac Schneider announced today that the U.S. Attorney’s Office for the District of North Dakota completed its investigation and entered into a settlement agreement with Mandan Parks and Recreation to resolve allegations that elements of the Starion Sports Complex (“Starion”) violate the Americans with Disabilities Act of 1990 (“ADA”). The Starion opened in 2017 and is an 84,000 square foot facility with two ice rinks, a gymnastics center, parks maintenance shop, rubberized track and jumping facilities, practice field and track and field throwing facilities, and a synthetic turf football and soccer field. Tenants of the Starion include the University of Mary, Mandan School District, Mandan Hockey Club, and Dakota Star Gymnastics.
The settlement agreement resolves an ADA complaint alleging that the Starion was not fully accessible to individuals with disabilities. During its investigation, the U.S. Attorney’s Office found that the Starion did not provide an accessible path to visitor seating in the football field, and that the accessible seating provided in the competition ice rink was not an integrated part of the seating plan. The U.S. Attorney’s Office also found that the Starion lacked adequate accessible seating in other areas of the complex, and that elements of the toilet rooms, concourse, skate rental counter, outdoor picnic area, and assistive listening systems did not comply with the ADA’s requirements. Under the settlement agreement, Mandan Parks and Recreation will provide adequate and integrated wheelchair and companion seating and cure all other noted violations of the ADA.
Under federal law, discrimination on the basis of a disability in the services, programs, or activities of a public entity such as Mandan Parks and Recreation is prohibited. Newly constructed buildings, like the Starion, are required to comply with the ADA’s program accessibility requirements and be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
“Protecting access for individuals with disabilities is a priority for the United States Attorney’s Office,” said U.S. Attorney Schneider “Mandan Parks and Recreation cooperated throughout this investigation, and I commend its commitment to quickly address the ADA violations when these barriers to accessibility were brought to its attention. The Starion is a great venue, and this settlement will help ensure everyone is able to access it.”
This matter was handled by Assistant United States Attorneys Melissa H. Burkland and Tara Vavrosky Iversen and Paralegal Specialist Michelle Erdmann of the District of North Dakota.
Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in North Dakota is not accessible to persons with disabilities may file a complaint online at www.ada.gov or contact the U.S. Attorney’s Office at 701-297-7400.
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