U.S. Attorney’s Office and 24-Hour Fitness resolve allegations it violated the Americans with Disabilities Act (ADA)

Seattle - The U.S. Attorney's Office, Western District of Washington and 24-Hour Fitness, a nine-state exercise facility business, this week resolved allegations it failed to comply with the Americans with Disabilities Act, announced U.S. Attorney Charles Neil Floyd. The chain will embark on new training and policies to ensure compliance with the ADA and will pay the complainant $2,000. The fitness chain denies any wrongdoing.

According to the settlement agreement, the complainant was a member at the Vancouver, Washington, Mill Plain Boulevard, 24-Hour Fitness. She complained that the accessible shower in the women's locker room had not been available for months. An investigation by the U.S. Attorney's Office confirmed the accessible shower was unusable for several months due to ongoing repairs and maintenance.

While not agreeing that it violated the ADA, 24-Hour Fitness will make new draft policies regarding ADA compliance at all 24-Hour Fitness locations and submit them to the U.S. Attorney's Office for review. The new policies will require surveys every six months of all 24-Hour Fitness facilities, with an eye to ADA compliance. The policies will also establish a protocol to conduct daily observations of accessible features to ensure usability and address maintenance and repair issues. The company agrees to post its ADA compliance commitment at all Washington locations and will maintain a complaint process for all facilities to address concerns or allegations of discrimination based on disability. If the U.S. Attorney's Office receives any additional complaints it will provide them to attorneys for the company with the expectation that the company will respond in five business days.

The clubs will train all its employees on ADA compliance and will keep records of facility repairs related to ADA compliance. The clubs will report on compliance regarding the Washington facilities to the U.S. Attorney's Office every twelve months for a two-year period.

In addition to paying $2,000 to the complainant, 24-Hour Fitness agrees to pay $10,000 to the U.S. Attorney's Office. However, that payment will be suspended if 24-Hour Fitness successfully meets all the requirements of the settlement over a two-year period.

The settlement was negotiated by Assistant United States Attorney Susan Kas, Civil Rights Coordinator in the Civil Division of the U.S. Attorney's Office.