us department of justice civil rights division - letter - diin2

8/14/2019 US Department of Justice Civil Rights Division - Letter - diin2

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANA

EVANSVILLE DIVISION

UNITED STATES OF AMERICA ))

Plaintiff, ))

vs. )) Cause No. EV-96-28-C

DAYS INNS OF AMERICA, INC., )HOSPITALITY FRANCHISE SYSTEMS, )INC., SARP, LTD., AND )

JOHN HEARD ASSOCIATES, INC., )

)Defendants. )JOINT MOTION FOR ENTRY OF SETTLEMENT AGREEMENT

Plaintiff, the United States of America, and Defendant, Sarp, Ltd.,parties to this action jointly move this Court to approve and enter theattached Settlement Agreement resolving this case as to the Defendant, Sarp,Ltd. In support of this Motion, the parties jointly represent to theCourt as follows:

1. The parties are desirous of resolving this matter without the

burden and expense of further litigation.2. The intent of the Americans with Disabilities Act of 1990, as

amended, 42 U.S.C. S12101, et. seq., will be effectuated by entry of theaforementioned Settlement Agreement

3. This Settlement Agreement is intended to and does resolve allmatters in dispute between the Plaintiff and the named Defendant, Sarp, Ltd.as provided for in the Settlement Agreement.01-01188


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WHEREFORE, the parties jointly request that this Court approve andenter the attached Agreement.

Respectfully submitted,Agreed to:

For Plaintiff United States of America:TIM A. BAKER

ROBERTA STINAR KIRKENDALL Assistant U.S. Attorney

Attorney Southern District of IndianaCivil Rights Division 46 E. Ohio StreetU.S. Department of Justice Indianapolis, Indiana 46240P.O. Box 66738 (317)226-6333Washington, D.C. 20035-6738(202)307-0986For Defendant SARP, Ltd.:

WM. MICHAELS SCHIFF, Attorney for SARP, Ltd.MARY LEE FRANKE, Attorney for SARP, Ltd.Ziemer, Stayman, Weitzel & Shoulders

Post Office Box 916Evansville, IN 47706-0916(812)424-757501-01189


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EVANSVILLE DIVISIONUNITED STATES OF AMERICA )

)

Plaintiff, ))

vs. )

) Cause No. EV-96-28-CDAYS INNS OF AMERICA, INC., )HOSPITALITY FRANCHISE SYSTEMS, )INC., SARP, LTD., AND )JOHN HEARD ASSOCIATES, INC., )

)Defendants. )

SETTLEMENT AGREEMENTA. Background

1. On February 8, 1996, the United States filed an action under TitleIII of the Americans with Disabilities Act of 1990 (the "ADA" or the "Act"),42 U.S.C. SS 12181 through 12189, against, among others, SARP, Ltd., ("SARP")the owner of a Days Inn Hotelat 4819 Tecumseh Lane in Evansville, Indiana,("the Hotel" or the "Evansville Days Inn").

2. On or about November 22, 1994, representatives of the United StatesDepartment of Justice visited and inspected the Evansville Days Inn, as partof an investigation of the hotel conducted pursuant to Department of Justice'sauthority to review the complianceof entities covered by title III of the ADA,


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42 U.S.C. S 12188 (b)(1)(A)(i).3. As a result of its investigation, including its inspection of the

hotel, the Department of Justice identified several features, elements, andspaces of the Evansville Days Inn that failed to comply with the ADA'sStandards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the

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Standards"). A list of the features, elements, and spaces of the hotel thathavebeen identified as failing to comply with the Standards is attached heretoas Exhibit 1.

4. In an effort to resolve their differences expeditiously and withoutthe burden, expense and delay of further litigation, plaintiff United Statesand defendant SARP, Ltd., have engaged in good faith negotiations. As a resultof those negotiations, these parties have agreed to enter into this jointly

proposed Settlement Agreement.B. Agreement of the Parties

Accordingly, it is hereby agreed by the parties and approved by the

court as follows:1. This court has jurisdiction of this action under 42 U.S.C. S 12188

(b)(1)(B) and 28 U.S.C. SS 1331 and 1345.2. Venue is proper in this district.3. The Evansville Days Inn is a non-residential facility whose

operations affect commerce. As such, it is a commercial facility within themeaning of section 303(a) of the Act. 42 U.S.C. S 12183 (a). In addition,

because the Evansville Days Inn is a place of lodging, it is also apublic accommodation within the meaning of section 303 (a) of the Act. Id.

4. Upon information and belief, the last building permit for theEvansville Days Inn was made or certified to be complete on or after January26, 1992.

5. Upon information and belief, the first Certificate of Occupancy forthe Evansville Days Inn was issued on or after January 26, 1993.

6. Defendant SARP is a private entity that owns the Evansville DaysInn. Defendant SARP initiated, contracted for, or participated in the designand construction of the hotel.

7. The Evansville Days Inn is not readily accessible to or usable byindividuals with

201-01191disabilities, as required by section 303 (a)(1) of the Act, 42 U.S.C. S 12183(a)(1). The hotel's design and construction fails in numerous respects tocomply with the Department of Justice's regulation implementing Title III ofthe ADA, 28 C.F.R. Part 36, ("the regulation"), including the Standards forAccessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28C.F.R. S S 36.401, 36.406. A list of features, elements, and spaces of thehotel that do not comply with the Standards is attached here as Exhibit 1.


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8. The failures to design and construct the Evansville Days Inn to bereadily accessible to and usable by individuals with disabilities constitute apattern or practice of discrimination within the meaning of 42 U.S.C. S12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a).

9. The failures to design and construct the Evansville Days Inn to bereadily accessible to and usable by individuals with disabilities constituteunlawful discrimination that raises an issue of general public importance

within the meaning of 42 U.S.C. S 12188(b)(1)(B)(i)and 28 C.F.R. S 36.503(b).10. This Settlement Agreement, being entered into by the parties,

shall not be construed as an admission by the defendant, SARP, of anyintentional violation of the ADA or any other law, rule or regulation dealingwith or in connection with the ADA.

11. Not later than June 30, 1999, SARP will remedy the failures tocomply with the Standards identified in Exhibit 1. It is agreed that the

changes outlined in paragraph 9(d) of Exhibit 1 shall only be made to thebathrooms in the guest rooms located on the first floor of the hotel. Setforth in Exhibit 2 are the specific actions to be taken by SARP and, where

appropriate, the architectural plans to be followed to remedy the failures tocomply with the Standards identified in Exhibit 1. The actions specified inExhibit 2 are numbered to correspond to the violations identified

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in Exhibit 1.12. Not later than June 30, 1997, defendant SARP shall provide to

counsel for the United States a report on the status of their compliance withthis agreement. The report shall indicate which steps specified in Exhibit 2

have been completed. If any steps have not been completed, the report shall soindicate and explain why such steps have not been completed. Not later thanJune 30, 1998, defendant SARP shall provide to counsel for the United States asecond report on the status of its compliance with this agreement. The reportshall indicate which steps specified in Exhibit 2 have been completed. If anysteps have not been completed, the report shall so indicate and explain whysuch steps have not been completed.

13. The parties hereto shall negotiate in good faith to resolve anydispute relating to the interpretation or implementation of this Agreementbefore bringing the matter to the Court's attention.

14. The Court shall retain jurisdiction of this action to enforce theprovisions of this Agreement through June 30, 2000, after which time all ofits provisions shall be terminated and the action against SARP shall bedismissed with prejudice, unless the Court determines it is necessaryto extend any of the requirements in this Agreement, in which case thoserequirements shall be extended. Each party shall bear its own costs andattorney fees.

15. Defendant SARP shall comply with the ADA Standards in any futureinvolvement by it in the design and construction of a public accommodation orcommercial facility.

16. This agreement relates solely to the facts and events alleged inthe United States' complaint and shall govern the compliance of the defendantSARP with the ADA's Standards for Accessible Design at the Evansville Days Innlocated at 4819 Tecumseh Lane. This Agreement

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does not address, and shall not be construed to address, any other issues of

ADAcompliance at the Evansville Days Inn, or at any other commercial facilityor place of public accommodation designed and constructed by defendant SARP orany other violations of federal law.

17. This instrument reflects the entire agreement between the partieshereto.

SO ORDERED this day of June 1996United States District Judge

Agreed to:For Plaintiff United States of America:

TIM A. BAKER

ROBERTA STINAR KIRKENDALL Assistant U.S. AttorneyAttorney Southern District of IndianaCivil Rights Division 46 E. Ohio Street

U.S. Department of Justice Indianapolis, Indiana 46240P.O. Box 66738 (317) 226-6333Washington, D.C. 20035-6738(202) 307-0986For Defendant SARP, Ltd.:WM. MICHAEL SCHIFF, Attorney for SARP, Ltd.MARY LEE FRANKE, Attorney for SARP, Ltd.Ziemer, Stayman, Weitzel & ShouldersPost Office Box 916

Evansville, IN 47706-0916(812) 424-7575

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EXHIBIT 1

Failures of the Evansville, Indiana Days Inn tocomply with the ADA's Standards for Accessible Design

identified by the U.S. Department of Justice1. Parking and passenger loading zone violations

a. There are no accessible parking spaces. There are 66 spaces inthe lot; the Standards require three accessible spaces,including at least one van accessible space. Standards S4.1.2(5). While three spaces are designated accessible, nonecomplies with the requirements of the Standards, as specifiedin items 1.b., c., and d., below.

b. The parking spaces designated accessible are not level.Standards S 4.6.3.

c. Two of the spaces designated accessible do not have an accessaisle that islevel, because a built-up curb ramp projects into the accessaisle. Standards S 4.6.3.

d. The third space designated accessible has an access aisle thatdoes not adjoin an accessible route to the entrance. Standards S4.6.3.

e. None of the spaces designated accessible has an elevated signdesignating it as "van accessible." Standards S 4.6.4.


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f. The passenger loading zone at the front entrance to the hoteldoes not have a demarcated access aisle, and the passengerloading zone is not level. Standards S 4.6.6.

g. There is no sign identifying an accessible passenger loadingzone. Standards S 4.1.2(7).

2. Exterior route violations

a. The curb ramp located in the access aisle between two of thepaces designated accessible is too steep, and has flared sidesthat are too steep. Standards SS 4.7.2, 4.7.5.

b. The curb ramp at the front entrance has a side flare and across-slope that aretoo steep. Standards SS 4.7.2, 4.7.5.

c. Where it crosses the curb ramp at the front entrance to the

building, the route along the walkway in front of the buildingfrom the parking spaces designated

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accessible to the front entrance has a slope and a cross-slopethat are too steep. Standards S 4.3.7.

d. A hook projects more than 4" from the fence surrounding the poolarea. Standards S 4.4.1.

e. The walkway from the pool gate to the public way in front of thehotel has a slope of more than 1:20. This walkway does notcomply with the requirements for ramps in that it has nohandrails, and has inadequate landings. Standards SS 4.3.8, 4.8.

Violations at exterior and interior stairs and areas of rescue assistancea. The design of the stairways on the first floor reduces vertical

clearance adjacent to an accessible route to less than 80", butno barrier to warn blind or visually-impaired persons isprovided. Standards S 4.4.2.


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4. Violations at entrances and exitsa. The ground area within the maneuvering clearance required at the

front entrance door is not level. Standards S 4.13.6.b. The threshold at the front entrance door is too high. Standards

S 4.13.8.c. The door at the front entrance closes too quickly. Standards S

4.13.10.

d. Several doors have thresholds that are too high, including doorsat the hall and the stairway at north exit door (at the pool),and at the hall and the stairway at the south exit door.Standards S 4.13.8.

e. The hardware on the gate at the pool area is mounted too high.Standards SS 4.13.3, 4.13.9.

f. The ground area within the required maneuvering clearance at the

pool gate is not level. Standards S 4.13.6:2

01-01196

Front lobby violationsa. The single drinking fountain in the lounge at the lobby is

mounted low enough for a wheelchair user to drink from, but


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there is no drinkingfountain or water cooler accessible to individuals who havedifficulty bending or stooping. Standards S 4.1.3(10).

6. Interior route violationsa. The interior door between the lobby and the area behind the

registration desk has inadequate maneuvering clearance on thepull side of the door. Standards S 4.13.6.

b. The door from the hall to the conference room has inadequatemaneuveringclearance on the pull side of the door. Standards S 4.13.6.

c. The hardware on the doors to the electric and linen roomsrequire tight grasping, pinching, or twisting of the wrist.Standards S 4.13.9.

d. The fire extinguisher cabinets in each of the hotel's hallways

project more than4" into the hallways. Standards S 4.4.1.

e. The elevator has no hall lantern on any floor, and no audible

signal to indicate the direction of the elevator call.Standards

S 4.10.4.f. The emergency communication system in the elevator requires

voice communication. Standards S 4.10.14.

7. Violations with respect to public and common use toilet rooms

a. The toilet in the lobby restroom is too close to the side wall.Standards S 4.16.2.

b. The side wall grab bar at the toilet in the lobby restroom doesnot extend far enough from the rear wall, and the rear wall grabbar is too short. Standards S 4.16.4.

c. The door to the toilet room in the conference room hasinadequate maneuvering clearance on the pull side of the door.Standards S 13.6.

d. There is inadequate clear floor space at the toilet in theconference room toilet room. Standards S 4.16.2.

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e. The toilet in the conference room toilet room is too low.Standards S 4.16.3.

f. There is no rear wall grab bar at the toilet in the conferenceroom toilet room, and the side wall grab bar does not extend farenough from the rear wall. Standards S 4.16.4.

g. The toilet in the conference room toilet room is not on anaccessible route. Standards S 4.22.3.

h. There is inadequate knee clearance under the lavatory in theconference room toilet room. Standards S 4.19.2.

i. There is inadequate clear floor space at the lavatory in the

conference room toilet room. Standards S 4.19.3.j. The hot water and drain pipes under the lavatory in the

conference room toilet room are not insulated or otherwiseconfigured to protect against contact. Standards S 4.19.4.

k. There is no unobstructed turning space in the conference roomtoilet room. Standards S 4.22.3.

l. The towel rod in the conference room toilet room is too high.

Standards S 4.25.3.. Violations with respect to public and common use rooms and spaces

a. There is no visual alarm in the conference room or in the hotellaundry and workroom. Standards S 4.28.1.

9. Violations with respect to guest rooms generallya. There are an inadequate number of accessible guest rooms. The

hotel has 60 guest rooms and suites; the Standards require threeaccessible guest rooms, and a fourth guest room with a roll-inshower. The hotel has only three guest rooms designatedaccessible. Standards S 9.1.2.

b. The guest rooms designated accessible are not dispersed among

the various classes of sleeping accommodations available topatrons of the hotel, as specified below. Standards S 9.1.4.

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i) Each of the guest rooms designated accessible has onlyone queen-sized bed. The hotel has approximately 38rooms with two beds, but none of these rooms isaccessible.

ii) The hotel has three suites with oversized bathtubs withwhirlpools, but none of these rooms is accessible.

c. The hotel has no rooms with notification devices for telephones,and an inadequate number of notification devices for a door

knock. The Standards require a hotel with 60 rooms to have sevenrooms with notification devices. Standards S 9.1.2, 9.1.3, 9.3.

d. The doors to the bathrooms in the guest rooms not designatedaccessible are too narrow. Standards S 9.4.

10. Violations with respect to guest rooms designated accessible -- Rooms102, 103, 104

a. The locks on the inside of the doors to guest rooms 102, 103 and104 are toohigh. Standards S 4.13.9.

b. The visual alarms in guest rooms 102, 103 and 104 are not

connected to the building alarm system. Standards S 4.28.3.c. The operating controls for the air conditioning and heating

units, and for the wall mounted lights in guest rooms 102, 103and 104 require tight grasping, pinching, or twisting of thewrist. Standards S 4.27.4.

d. The clothing rods in the closet alcoves in guest rooms 102, 103and 104 are too high. Standards S 4.25.3.

e. The hardware on the connecting doors in guest rooms 102, 103 and104 requires tight grasping, pinching, or twisting of the wrist.


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Standards S 4.13.9.f. There is inadequate maneuvering clearance alongside the beds in

guest rooms 102, 103 and 104. Standards S 9.2.2(1).g. The grab bars for the toilets in guest rooms 102, 103 and 104 do

not comply with the requirements of the Standards in that therear wall grab bars are too short, and the side wall grab barsdo not extend far enough from the rear wall. Standards S 4.16.4.

h. The toilet in guest rooms 102, 103 and 104 are too close to theside wall. Standards S 4.16.2.

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i. There is inadequate clear floor space at the toilets in guestrooms 102, 103 and 104. Standards S 4.23.3.

j. The roll-in shower in guest room 104 is too small. Standards S9.1.2.

k. The shower spray unit in the bathroom in guest room 104 is notlocated adjacent to the seat. Standards S 9.1.2.

l. There are no lower grab bars provided in the tubs in guest rooms102 and 103. Standards S 4.21.4.

m. The controls for the bathtubs in guest rooms 102 and 103 are

improperly located. Standards S 4.20.5.n. The controls for the showers in guest rooms 102 and 103 require

tight grasping, pinching or twisting of the wrist. Standards S4.27.4.

o. There is no tub seat provided for the bathtubs in guest rooms102 and 103. Standards S 4.20.3.

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EXHIBIT 2Actions to be taken by SARP, Ltd., to remedyfailures of the Evansville Days Inn to complywith the ADA's Standards for Accessible Design

1. Parking and passenger loading zonea. The accessible parking area will be moved, and three accessible

parking spaces including one van-accessible space will beprovided, consistent with the Standards, S 4.1.2(5). An


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architect's drawing showing the accessible spaces is attached.b. The accessible parking area will be moved, providing level

parking spaces, consistent with the Standards, S 4.6.3. Anarchitect's drawing showing the level accessible spaces isattached.

c. The accessible parking area will be moved, and the requiredaccess aisles will be provided, consistent with the Standards, S

4.6.3. An architect's drawing showing the correct access aislesis attached.

d. The accessible parking area will be moved, and the access aisleswill adjoin an accessible route to the hotel entrance,consistent with the Standards, S 4.6.3. An architect's drawingshowing the new accessible parking area is attached.

e. Spaces designated as accessible will have vertical signs,

including a "van- accessible" sign, consistent with theStandards, S 4.6.4.

f. The passenger loading zone at the front entrance to the hotel

lobby will be redone to provide a demarcated access aisle, andwill be made level, consistent with the Standards, S 4.6.6. Anarchitect's drawing showing the accessible passenger loadingzone is attached.

g. A sign identifying the accessible passenger loading zone will beinstalled, consistent with the Standards, S 4.1.2(7).

Exterior route

a. The accessible parking area will be moved, and all curb rampsinstalled will be consistent with the Standards, SS 4.7.2,4.7.5. An architect's drawing showing the new accessible parking

area is attached.b. The existing curb ramp at the front entrance will be modified to

have a side flare and cross slope that are consistent with theStandards, SS 4.7.2, 4.7.5. An architect's drawing showing thecorrect curb ramp is attached.

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c. The route along the walkway in front of the building from theparking spaces designated accessible to the front entrance ofthe hotel at the curb ramp will be redone to have a slope andcross slope that are consistent with the Standards, S 4.3.7. Anarchitect's drawing showing the accessible route along thewalkway is attached.

d. The hook on the fence surrounding the pool area that protrudesinto the accessible route will be removed, consistent with theStandards, S 4.4.1.

e. The walkway from the pool to the walkway in front of the hotelwill be redone to have the a slope not exceeding 1:20, will havethe required landings and will have the required handrails,consistent with the Standards, SS 4.3.8, 4.8. An architect's

drawing showing the accessible walkway is attached.3. Exterior and interior stairs and areas of rescue assistance

a. Cane detection barriers will be installed at both stairways on

the first floor, consistent with the Standards, S 4.4.2. Anarchitect's drawingshowing the accessible route(s) and stairway(s) on the firstfloor is attached.

4. Entrances and exitsa. The ground area within the required maneuvering clearance at the

front entrance door will be made level, consistent with the

Standards, S 4.13.6.An architect's drawing showing the accessible maneuvering

clearance is attached.b. The existing threshold at the front entrance door will be

replaced with a threshold that is consistent with the Standards,S 4.13.8.

c. The closers on the front entrance doors will be replaced oradjusted to have the required sweep period, consistent with theStandards, S 4.13.10.

d. The existing thresholds at the hall and the stairway at thenorth exit door (at the pool), and at the hall and the stairwayat the south exit door will be replaced with thresholds that are

consistent with the Standards, S 4.13.8.e. The hardware on the gate at the pool area will be placed at a

height that is consistent with the Standards, SS 4.13.3, 4.13.9.An architect's drawing showing the placement of the accessiblegate hardware is attached.

f. The ground area within the required maneuvering clearance at thepool gate will be made level, consistent with the Standards, S4.13.6. An architect's drawing of the accessible maneuveringclearance is attached.


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5. Front lobbya. A water cooler will be installed on the counter adjacent to the

drinking fountain in the lounge in the lobby, consistent with

the Standards, S 4.1.3(10). An architect's drawing showing theheight of the accessible water cooler is attached.

6. Interior routea. 60 inches of the back counter in the lobby/reception area will

be removed to provide the required adequate maneuveringclearance, consistent with the Standards, S 4.13.6. Anarchitect's drawing showing the accessible maneuvering clearanceis attached.

b. The conference room will be re-designated for use as anaccessible guest room. An architect's drawing showing the

reconfigured space is attached.c. The existing hardware on the doors to the electric and linen

rooms will be replaced with hardware that is consistent with theStandards, S 4.13.9.

d. The fire extinguisher cabinets in each of the hotel's hallwayswill be recessed into the hall walls, and will not protrude morethan 4 inches into the hallways, consistent with the Standards,S 4.4.1. An architect's drawing showing the recessed fireextinguisher cabinets is attached.

e. Visual and audible signal devices indicating the direction ofthe elevator call will be installed in the hotel elevator,consistent with the Standards, S 4.10.4.

f. A light will be installed on the emergency communication systemsignaling the receipt of a call for emergency assistance,consistent with the Standards, S 4.10.14.

7. Public and common use toilet roomsa. The side wall in the lobby restroom will be moved to provide the

required distance from the side wall to the center line,consistent with the Standards, S 4.16.2. An architect's drawingshowing the modified lobby restroom is attached.

b. The side wall grab bar in the toilet in the lobby will be


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counted at the required distance from the rear wall, and theexisting rear wall grab bar will be replaced with a grab bar ofthe required length, consistent with the

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Standards, S 4.16.4. An architect's drawing showing the modifiedaccessible restroom is attached.

c. The conference room will be modified for use as an accessibleguest room, and the fixtures in the restroom will be modified to

provide the required maneuvering clearance on the pull side ofthe door, consistent with the Standards, S 4.13.6. Anarchitect's drawing showing the modified space is attached.

d. The conference room will be modified for use as an accessibleguest room. The toilet in the restroom will be modified to havethe required clear floor space, consistent with the Standards, S4.16.2. An architect's drawing showing the modified space isattached.

e. The conference room will be modified for use as an accessibleguest room. The toilet in the restroom will be raised to therequired height, consistent with the Standards, S 4.16.3. Anarchitect's drawing showing the modified space is attached.

f. The conference room will be modified for use as an accessible

guest room. A rear wall grab bar will be installed at thetoilet, and the side wall grab bar will be modified to extendthe required distance from the wall, consistent with theStandards, S 4.16.4. An architect's drawing showing themodified space is attached.

g. The conference room will be modified for use as an accessibleguest room, with an accessible toilet room that is consistentwith the Standards. An architect's drawing showing the modified


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space is attached.h. The conference room will be modified for use as an accessible

guest room. The lavatory in the toilet room will be modified toprovide the required knee clearance, consistent with theStandards, S 4.19.2. An architect's drawing showing the modifiedspace is attached.

i. The conference room will be modified for use as an accessible

guest room. The lavatory in the toilet room will be modified tohave the required clear floor space, consistent with theStandards, S 4.19.3. Anarchitect's drawing showing the modified space is attached.

j. The conference room will be modified for use as an accessibleguest room. The hot water and drain pipes under the lavatory inthe toilet room will be protected against contact, consistent

with the Standards, S 4.19.4. An architect's drawing showing themodified space is attached.

4

01-01204

k. The conference room will be modified for use as an accessibleguest room. The toilet room will be modified to provide therequired unobstructed turning space, consistent with theStandards, S 4.22.3. An architect's drawing showing the modifiedspace is attached.

l. The conference room will be modified for use as an accessible

guest room. The towel rod in the toilet room will be mounted ata height that is consistent with the Standards, S 4.25.3. Anarchitect's drawing showing the modified space is attached.

8. Public and common use rooms and spacesa. Visual alarms will be installed in the hotel laundry, linen, and

workrooms, consistent with the Standards, S 4.28.1. Anarchitect's drawing showing the placement of the visual alarmsis attached.

9. Guest rooms generally


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a. The conference room will be modified to be accessible, and willincorporate the changes noted in Items 9(b)(i), (ii). Inaddition, accessible guest room 104 will be modified to have aroll-in shower with a folding seat and no grab bars behind theseat, consistent with the Standards, S 9.1.2. Architect'sdrawings showing the accessible guest rooms, including allchanges listed in items 10(a)- (o) and 9(b)(i), (ii) are

attached.b. i. The furniture in the newly accessible guest room, in

addition to one other guest room, will be reconfiguredto include 2 beds to provide the same range of optionsof sleeping accommodations available to all patrons ofthe hotel, consistent with the Standards, S 9.4.1. Anarchitect's drawing showing the reconfigured rooms is

attached.ii. The newly accessible guest room will be modified to have

an oversized bathtub and whirlpool to provide the samerange of options available to all patrons of the hotel,consistent with the Standards, S 9.4.1. An architect'sdrawing showing the modified accessible guest room isattached.

c. Additional telephone notification devices will be installed in 6guest rooms, and additional door knock notification devices willbe installed in 4 rooms to meet the total required complement of

notification devices, consistent with the Standards, SS 9.1.2,9.1.3, 9.3.

d. The doors to the bathrooms in the guest rooms not designatedaccessible that are located on the first floor of the facilitywill be widened to provide a 32

501-01205

inch clear opening width, consistent with the Standards, SS4.13.5, 9.4. An architect's drawing showing the modified doorsis attached.

10. Guest rooms designated accessible -- Rooms 102, 103, 104a. The locks on the inside of the doors to guest rooms 102, 103 and


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104 will be mounted at a height that is consistent with theStandards, S 4.13.9. An architect's drawing showing the locationof the accessible door locks is attached.

b. The visual alarms in guest rooms 102, 103, and 104 will beconnected to the building alarm system, consistent with theStandards, S 4.28.3. An architect's drawing showing thehardwiring and outlets is attached.

c. The existing operating controls for the air conditioning andheating units, and for the wall mounted lights in guest rooms102, 103, and 104 will be replaced with controls that areconsistent with the Standards, S 4.27.4.

d. The clothing rods in the closet alcoves in guest rooms 102, 103,and 104 will be mounted at a height that is consistent with theStandards, S 4.25.3. An architect's drawing showing the

accessible clothing rods is attached.e. The existing hardware on the connecting doors in guest rooms

102, 103, and 104 will be replaced with hardware that is

consistent with the Standards, S 4.13.9.f. The furniture in guest rooms 102, 103, and 104 will be

reconfigured to provide the required maneuvering clearancealongside the beds, consistent with the Standards, S 9.2.2(1).An architect's drawing showing the reconfigured accessible roomsis attached.

g. The side wall grab bars for the toilets in guest rooms 102, 103,

and 104 will be mounted to extend the required distance from therear wall, and the rear wall grab bars will be replaced withgrab bars of the required length, consistent with the Standards,

S 4.16.4. An architect's drawing showing the correct grab barsis attached.

h. The walls in the toilet rooms in guest rooms 102, 103, and 104will be relocated to provide the required distance from thetoilets to the side walls, consistent with the Standards, S4.16.2. An architect's drawing showing the accessible toilets isattached.

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i. The toilet rooms in guest rooms 102, 103, and 104 will bemodified to provide the required clear floor space, consistent

with the Standards, S 4.23.3. An architect's drawing showing themodified accessible toilet rooms is attached.

j. The roll-in shower in guest room 104 will modified to have therequired dimensions, with a folding seat and no grab bars behindthe seat, consistent with the Standards, S 9.1.2. An architect'sdrawing showing the modified roll-in shower is attached.

k. The shower spray unit in the roll-in shower in guest room 104

will be mounted next to the folding seat, consistent with theStandards, S 9.1.2. An architect's drawing showing the modifiedroll-in shower and spray unit is attached.

l. Lower grab bars will be installed in the tubs in guest rooms 102and 103, consistent with the Standards, S 4.21.4. An architect'sdrawing showing the accessible tubs and grab bars is attached.

m. The existing controls for the bathtubs in guest rooms 102 and103 will be replaced with controls that are consistent with theStandards, S 4.20.5.

n. The existing controls for the showers in guest rooms 102 and 103

will be replaced with controls that are consistent with theStandards, S 4.27.4.

o. Tub seats will be installed in the tubs in guest rooms 102 and

103, consistent with the Standards, S 4.20.3. An architect'sdrawing showing the accessible tubs and seats is attached.

701-01207


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EVANSVILLE DIVISIONUNITED STATES OF AMERICA )

)Plaintiff, )

)vs. )

) Cause No. EV-96-28-C

DAYS INNS OF AMERICA, INC., )HOSPITALITY FRANCHISE SYSTEMS, )

INC., SARP, LTD., AND )JOHN HEARD ASSOCIATES, INC., )

)Defendants. )

SETTLEMENT AGREEMENTA. Background

1. On February 8, 1996, the United States filed an action under TitleIII of the Americans with Disabilities Act of 1990 (the "ADA" or the "Act"),42 U.S.C. SS 12181 through 12189, against, among others, SARP, Ltd., ("SARP")the owner of a Days Inn Hotel at 4819 Tecumseh Lane in Evansville, Indiana,

("the Hotel" or the "Evansville Days Inn").2. On or about November 22, 1994, representatives of the United States

Department of Justice visited and inspected the Evansville Days Inn, as partof an investigation of the hotel conducted pursuant to Department of Justice'sauthority to review the compliance of entitiescovered by title III of the ADA, 42 U.S.C. S 12188(b)(1)(A)(i).

3. As a result of its investigation, including its inspection of thehotel, the Department of Justice identified several features, elements, andspaces of the Evansville Days Inn that failed to comply with the ADA's


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Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the1

01-01208

Standards"). A list of the features, elements, and spaces of the hotel that

have been identified as failing to comply with the Standards is attachedhereto as Exhibit 1.

4. In an effort to resolve their differences expeditiously and withoutthe burden, expense and delay of further litigation, plaintiff United Statesand defendant SARP, Ltd., have engaged in good faith negotiations. As a resultof those negotiations, these parties have agreed to enter into this jointlyproposed Settlement Agreement.

B. Agreement of the PartiesAccordingly, it is hereby agreed by the parties and approved by the

court as follows:

1. This court has jurisdiction of this action under 42 U.S.C. S12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345.

2. Venue is proper in this district.3. The Evansville Days Inn is a non-residential facility whose

operations affect commerce. As such, it is a commercial facility within themeaning of section 303(a) of the Act. 42 U.S.C. S 12183 (a). In addition,because the Evansville Days Inn is a place of lodging, it is also apublic accommodation within the meaning of section 303(a) of the Act. Id.

4. Upon information and belief, the last building permit for the


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Evansville Days Inn was made or certified to be complete on or after January26, 1992.

5. Upon information and belief, the first Certificate of Occupancy forthe Evansville Days Inn was issued on or after January 26, 1993.

6. Defendant SARP is a private entity that owns the Evansville DaysInn. Defendant SARP initiated, contracted for, or participated in the design

and construction of the hotel.7. The Evansville Days Inn is not readily accessible to or usable by

individuals with2

01-01209

disabilities, as required by section 303 (a) (1) of the Act, 42 U.S.C. S 12183(a) (1). The hotel's design and construction fails in numerous respects to

comply with the Department of Justice's regulation implementing Title III ofthe ADA, 28 C.F.R. Part 36, ("the regulation"), including theStandards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("theStandards"). See 28 C.F.R. SS 36.401, 36.406. A list of features, elements,and spaces of the hotel that do not comply with the Standards is attached hereas Exhibit 1.

8. The failures to design and construct the Evansville Days Inn to bereadily accessible to and usable by individuals with disabilities constitute apattern or practice of discrimination within the meaning of 42 U.S.C. S


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the United States' complaint and shall govern the compliance of defendant SARPwith the ADA's Standards for Accessible Design at the Evansville Days Innlocated at 4819 Tecumseh Lane. This Agreement

401-01211does not address, and shall not be construed to address, any other issues ofADA compliance at the Evansville Days Inn, or at any other commercial facility

or place of public accommodation designed and constructed by defendant SARP orany other violations of federal law.

17. This instrument reflects the entire agreement between the partieshereto.

SO ORDERED this 31st day of July, 1996.United States District Judge

Agreed to:

For Plaintiff United States of America:TIM A. BAKER

ROBERTA STINAR KIRKENDALL Assistant U.S. AttorneyAttorney Southern District of IndianaCivil Rights Division 46 E. Ohio StreetU.S. Department of Justice Indianapolis, Indiana 46240P.O. Box 66738 (317) 226-6333Washington, D.C. 20035-6738(202) 307-0986For Defendant SARP, Ltd.:

WM. MICHAEL SCHIFF, Attorney for SARP, Ltd.MARY LEE FRANKE, Attorney for SARP, Ltd.

Ziemer, Stayman, Weitzel & ShouldersPost Office Box 916Evansville, IN 47706-0916(812) 424-7575

501-01212

EXHIBIT 1Failures of the Evansville, Indiana Days Inn to

comply with the ADA's Standards for Accessible Designidentified by the U.S. Department of Justice

1. Parking and passenger loading zone violationsa. There are no accessible parking spaces. There are 66 spaces in

the lot; the Standards require three accessible spaces,including at least one van accessible space. Standards S4.1.2(5). While three spaces are designatedaccessible, none complies with the requirements of theStandards, as specified in items 1.b., c., and d., below.

b. The parking spaces designated accessible are not level.Standards S 4.6.3.


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c. Two of the spaces designated accessible do not have an accessaisle that is level, because a built-up curb ramp projects intothe access aisle. Standards S 4.6.3.

d. The third space designated accessible has an access aisle thatdoes not adjoin an accessible route to the entrance. Standards S4.6.3.

e. None of the spaces designated accessible has an elevated signdesignating it as "van accessible." Standards S 4.6.4.

f. The passenger loading zone at the front entrance to the hoteldoes not have a demarcated access aisle, and the passengerloading zone is not level. Standards S 4.6.6.

g. There is no sign identifying an accessible passenger loadingzone. Standards S 4.1.2(7).

2. Exterior route violations

a. The curb ramp located in the access aisle between two of thespaces designated accessible is too steep, and has flared sides

that are too steep. Standards S S 4.7.2, 4.7.5.b. The curb ramp at the front entrance has a side flare and a

cross-slope that are too steep. Standards S S 4.7.2, 4.7.5.c. Where it crosses the curb ramp at the front entrance to the

building, the route along the walkway in front of the buildingfrom the parking spaces designated

01-01213

accessible to the front entrance has a slope and a cross-slopethat are too steep. Standards S 4.3.7.

d. A hook projects more than 4" from the fence surrounding the poolarea. Standards S 4.4.1.


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e. The walkway from the pool gate to the public way in front of thehotel has a slope of more than 1:20. This walkway does notcomply with the requirements for ramps in that it has nohandrails, and has inadequate landings. Standards S S 4.3.8,4.8.

3. Violations at exterior and interior stairs and areas of rescueassistance

a. The design of the stairways on the first floor reduces verticalclearance adjacent to an accessible route to less than 80", butno barrier to warn blind or visually-impaired persons isprovided. Standards S 4.4.2.

Violations at entrances and exitsa. The ground area within the maneuvering clearance required at the

front entrance door is not level. Standards S 4.13.6.

b. The threshold at the front entrance door is too high. StandardsS 4.13.8.

c. The door at the front entrance closes too quickly. Standards S

4.13.10.d. Several doors have thresholds that are too high, including doors

at the hall and the stairway at north exit door (at the pool),and at the hall and the stairway at the south exit door.Standards S 4.13.8.

e. The hardware on the gate at the pool area is mounted too high.Standards S S 4.13.3, 4.13.9.

f. The ground area within the required maneuvering clearance at thepool gate is not level. Standards S 4.13.6.

2

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5. Front lobby violations

a. The single drinking fountain in the lounge at the lobby ismounted low enough for a wheelchair user to drink from, butthere is no drinking fountain or water cooler accessible toindividuals who have difficulty bending or stooping. Standards S4.1.3(10).

6. Interior route violationsa. The interior door between the lobby and the area behind the

registration desk has inadequate maneuvering clearance on thepull side of the door. Standards S 4.13.6.

b. The door from the hall to the conference room has inadequate

maneuvering clearance on the pull side of the door. Standards S4.13.6.

c. The hardware on the doors to the electric and linen roomsrequire tight grasping, pinching, or twisting of the wrist.Standards S 4.13.9.

d. The fire extinguisher cabinets in each of the hotel's hallwaysproject more than 4" into the hallways. Standards S 4.4.1.

e. The elevator has no hall lantern on any floor, and no audiblesignal to indicate the direction of the elevator call. Standards

S 4.10.4.f. The emergency communication system in the elevator requires

voice communication. Standards S 4.10.14.7. Violations with respect to public and common use toilet rooms

a. The toilet in the lobby restroom is too close to the side wall.Standards S 4.16.2.

b. The side wall grab bar at the toilet in the lobby restroom doesnot extend far enough from the rear wall, and the rear wall grabbar is too short. Standards S 4.16.4.

c. The door to the toilet room in the conference room has

inadequate maneuvering clearance on the pull side of the door.Standards S 4.13.6.

d. There is inadequate clear floor space at the toilet in theconference room toilet room. Standards S 4.16.2.

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e. The toilet in the conference room toilet room is too low.

Standards S 4.16.3.f. There is no rear wall grab bar at the toilet in the conference

room toilet room, and the side wall grab bar does not extend farenough from the rear wall. Standards S 4.16.4.

g. The toilet in the conference room toilet room is not on anaccessible route. Standards S 4.22.3.

h. There is inadequate knee clearance under the lavatory in theconference room toilet room. Standards S 4.19.2.

i. There is inadequate clear floor space at the lavatory in theconference room toilet room. Standards S 4.19.3.

j. The hot water and drain pipes under the lavatory in theconference room toilet room are not insulated or otherwiseconfigured to protect against contact. Standards S 4.19.4.

k. There is no unobstructed turning space in the conference roomtoilet room. Standards S 4.22.3.

l. The towel rod in the conference room toilet room is too high.Standards S 4.25.3.

8. Violations with respect to public and common use rooms and spacesa. There is no visual alarm in the conference room or in the hotel

laundry and workroom. Standards S 4.28.1.

9. Violations with respect to guest rooms generallya. There are an inadequate number of accessible guest rooms. The

hotel has 60 guest rooms and suites; the Standards require threeaccessible guest rooms, and a fourth guest room with a roll-inshower. The hotel has only three guest rooms designatedaccessible. Standards S 9.1.2.

b. The guest rooms designated accessible are not dispersed amongthe various classes of sleeping accommodations available topatrons of the hotel, as specified below. Standards S 9.1.4.


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401-01216

i) Each of the guest rooms designated accessible has onlyone queen-sized bed. The hotel has approximately 38

rooms with two beds, but none of these rooms isaccessible.

ii) The hotel has three suites with oversized bathtubs withwhirlpools, but none of these rooms is accessible.

c. The hotel has no rooms with notification devices for telephones,and an inadequate number of notification devices for a doorknock. The Standards require a hotel with 60 rooms to have sevenrooms with notification devices. Standards S 9.1.2, 9.1.3, 9.3.

d. The doors to the bathrooms in the guest rooms not designatedaccessible are too narrow. Standards S 9.4.

10. Violations with respect to guest rooms designated accessible -- Rooms102, 103, 104

a. The locks on the inside of the doors to guest rooms 102, 103 and104 are too high. Standards S 4.13.9.

b. The visual alarms in guest rooms 102, 103 and 104 are notconnected to the building alarm system. Standards S 4.28.3.

c. The operating controls for the air conditioning and heatingunits, and for the wall mounted lights in guest rooms 102, 103


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and 104 require tight grasping, pinching, or twisting of thewrist. Standards S 4.27.4.

d. The clothing rods in the closet alcoves in guest rooms 102, 103and 104 are too high. Standards S 4.25.3.

e. The hardware on the connecting doors in guest rooms 102, 103 and104 requires tight grasping, pinching, or twisting of the wrist.Standards S 4.13.9.

f There is inadequate maneuvering clearance alongside the beds inguest rooms102, 103 and 104. Standards S 9.2.2(1).

g. The grab bars for the toilets in guest rooms 102, 103 and 104 donot complywith the requirements of the Standards in that the rear wallgrab bars are too short, and the side wall grab bars do not

extend far enough from the rear wall. Standards S 4.16.4.h. The toilet in guest rooms 102, 103 and 104 are too close to the

side wall. Standards S 4.16.2.

501-01217

i. There is inadequate clear floor space at the toilets in guest

rooms 102, 103 and 104. Standards S 4.23.3.j. The roll-in shower in guest room 104 is too small. Standards S

9.1.2.k. The shower spray unit in the bathroom in guest room 104 is not

located adjacent to the seat. Standards S 9.1.2.l. There are no lower grab bars provided in the tubs in guest rooms

102 and 103. Standards S 4.21.4.m. The controls for the bathtubs in guest rooms 102 and 103 are

improperly located. Standards S 4.20.5.


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n. The controls for the showers in guest rooms 102 and 103 requiretight grasping, pinching or twisting of the wrist. Standards S4.27.4.

o. There is no tub seat provided for the bathtubs in guest rooms102 and 103. Standards S 4.20.3.

601-01218

EXHIBIT 2


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Actions to be taken by SARP, Ltd., to remedyfailures of the Evansville Days Inn to complywith the ADA's Standards for Accessible Design

1. Parking and passenger loading zonea. The accessible parking area will be moved, and three accessible

parking spaces including one van-accessible space will be

provided, consistent with the Standards, S 4.1.2(5). Anarchitect's drawing showing the accessible spaces isattached.

b. The accessible parking area will be moved, providing levelparking spaces, consistent with the Standards, S 4.6.3. Anarchitect's drawing showing the level accessible spaces isattached.

c. The accessible parking area will be moved, and the required

access aisles will be provided, consistent with the Standards, S4.6.3. An architect's drawing showing the correct access aisles

is attached.d. The accessible parking area will be moved, and the access aisles

will adjoin an accessible route to the hotel entrance,consistent with the Standards, S 4.6.3. An architect's drawingshowing the new accessible parking area is attached.

e. Spaces designated as accessible will have vertical signs,including a "van- accessible" sign, consistent with theStandards S 4.6.4.

f. The passenger loading zone at the front entrance to the hotellobby will be redone to provide a demarcated access aisle, and

will be made level, consistent with the Standards, S 4.6.6. Anarchitect's drawing showing the accessible passenger loadingzone is attached.

g. A sign identifying the accessible passenger loading zone will beinstalled, consistent with the Standards, S 4.1.2(7).

2. Exterior routea. The accessible parking area will be moved, and all curb ramps

installed will be consistent with the Standards, S S 4.7.2,4 .7.5. An architect's drawing showing the new accessibleparking area is attached.

b. The existing curb ramp at the front entrance will be modified tohave a side flare and cross slope that are consistent with theStandards, S S 4.7.2, 4.7.5. An architect's drawing showing thecorrect curb ramp is attached.

01-01219


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c. The route along the walkway in front of the building from theparking spaces designated accessible to the front entrance ofthe hotel at the curb ramp will be redone to have a slope andcross slope that are consistent with the Standards, S 4.3.7. Anarchitect's drawing showing the accessible route along the

walkway is attached.d. The hook on the fence surrounding the pool area that protrudes

into the accessible route will be removed, consistent with the

Standards, S 4.4.1.e. The walkway from the pool to the walkway in front of the hotel

will be redone to have the a slope not exceeding 1:20, will havethe required landings and will have the required handrails,consistent with the Standards, S S 4.3.8, 4.8. An architect'sdrawing showing the accessible walkway is attached.

3. Exterior and interior stairs and areas of rescue assistance

a. Cane detection barriers will be installed at both stairways onthe first floor, consistent with the Standards, S 4.4.2. Anarchitect's drawing showing the accessible route(s) and

stairway(s) on the first floor is attached.4. Entrances and exits

a. The ground area within the required maneuvering clearance at thefront entrance door will be made level, consistent with theStandards, S 4.13.6. An architect's drawing showing theaccessible maneuvering clearance is attached.

b. The existing threshold at the front entrance door will bereplaced with a threshold that is consistent with the Standards,S 4.13.8.

c. The closers on the front entrance doors will be replaced or

adjusted to have the required sweep period, consistent with theStandards, S 4.13.10.

d. The existing thresholds at the hall and the stairway at thenorth exit door (at the pool), and at the hall and the stairwayat the south exit door will be replaced with thresholds that areconsistent with the Standards, S 4.13.8.

e. The hardware on the gate at the pool area will be placed at aheight that is consistent with the Standards, S S 4.13.3,


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4.13.9. An architect's drawing showing the placement of theaccessible gate hardware is attached.

f. The ground area within the required maneuvering clearance at thepool gate will be made level, consistent with the Standards, S4.13.6. An architect's drawing of the accessible maneuveringclearance is attached.

2

01-01220

5. Front lobbya. A water cooler will be installed on the counter adjacent to the

drinking fountain in the lounge in the lobby, consistent withthe Standards, S 4.1.3(10). An architect's drawing showing theheight of the accessible water cooler is attached.

6. Interior routea. 60 inches of the back counter in the lobby/reception area will

be removed to provide the required adequate maneuvering

clearance, consistent with the Standards, S 4.13.6. Anarchitect's drawing showing the accessible maneuvering clearanceis attached.

b. The conference room will be re-designated for use as anaccessible guest room. An architect's drawing showing thereconfigured space is attached.

c. The existing hardware on the doors to the electric and linenrooms will be replaced with hardware that is consistent with theStandards, S 4.13.9.

d. The fire extinguisher cabinets in each of the hotel's hallwayswill be recessed into the hall walls, and will not protrude morethan 4 inches into the hallways, consistent with the Standards,S 4.4.1. An architect's drawing showing the recessed fireextinguisher cabinets is attached.

e. Visual and audible signal devices indicating the direction ofthe elevator call will be installed in the hotel elevator,consistent with the Standards, S 4.10.4.

f. A light will be installed on the emergency communication system


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signaling the receipt of a call for emergency assistance,consistent with the Standards, S 4.10.14.

7. Public and common use toilet roomsa. The side wall in the lobby restroom will be moved to provide the

required distance from the side wall to the center line,consistent with the Standards, S 4.16.2. An architect's drawingshowing the modified lobby restroom is attached.

b. The side wall grab bar in the toilet in the lobby will bemounted at the required distance from the rear wall, and theexisting rear wall grab bar will be replaced with a grab bar ofthe required length, consistent with the

301-01221

Standards, S 4.16.4. An architect's drawing showing the modifiedaccessible restroom is attached.

c. The conference room will be modified for use as an accessibleguest room, and the fixtures in the restroom will be modified toprovide the required maneuvering clearance on the pull side ofthe door, consistent with the Standards, S 4.13.6. Anarchitect's drawing showing the modified space is attached.

d. The conference room will be modified for use as an accessibleguest room. The toilet in the restroom will be modified to havethe required clear floor space, consistent with the Standards, S4.16.2. An architect's drawing showing the modified space isattached.

e. The conference room will be modified for use as an accessibleguest room. The toilet in the restroom will be raised to therequired height, consistent with the Standards, S 4.16.3. Anarchitect's drawing showing the modified space is attached.


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f. The conference room will be modified for use as an accessibleguest room. A rear wall grab bar will be installed at thetoilet, and the side wall grab bar will be modified to extendthe required distance from the wall, consistent with theStandards, S 4.16.4. An architect's drawing showing the modifiedspace is attached.

g. The conference room will be modified for use as an accessibleguest room, with an accessible toilet room that is consistentwith the Standards. An architect's drawing showing the modifiedspace is attached.

h. The conference room will be modified for use as an accessibleguest room. The lavatory in the toilet room will be modified toprovide the required knee clearance, consistent with theStandards, S 4.19.2. An architect's drawing showing the modified

space is attached.i. The conference room will be modified for use as an accessible

guest room. The lavatory in the toilet room will be modified tohave the required clear floor space, consistent with theStandards, S 4.19.3. An architect's drawing showing the modifiedspace is attached.

j The conference room will be modified for use as an accessibleguest room. The hot water and drain pipes under the lavatory inthe toilet room will be protected against contact, consistentwith the Standards, S 4.19.4. An architect's drawing showing the

modified space is attached.4

01-01222

k. The conference room will be modified for use as an accessibleguest room. The toilet room will be modified to provide therequired unobstructed turning space, consistent with theStandards, S 4.22.3. An architect's drawing showing the modifiedspace is attached.

l. The conference room will be modified for use as an accessibleguest room. The towel rod in the toilet room will be mounted at


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height that is consistent with the Standards, S 4.25.3. Anarchitect's drawing showing the modified space is attached.

8. Public and common use rooms and spacesa. Visual alarms will be installed in the hotel laundry, linen, and

workrooms, consistent with the Standards, S 4.28.1. Anarchitect's drawing showing the placement of the visual alarmsis attached.

9. Guest rooms generallya. The conference room will be modified to be accessible, and will

incorporate the changes noted in Items 9(b)(i), (ii). In addition, accessibleguest room 104 will be modified to have a roll-in shower with a folding seatand no grab bars behind the seat, consistent with the Standards, S 9.1.2.Architect's drawings showing the accessible guest rooms, including all changeslisted in items 10(a)-(o) and 9(b)(i), (ii) are attached.

b. i. The furniture in the newly accessible guest room, inaddition to one other guest room, will be reconfiguredto include 2 beds to provide the same range of options

of sleeping accommodations available to all patrons ofthe hotel, consistent with the Standards, S 9.4.1. Anarchitect's drawing showing the reconfigured rooms isattached.

ii. The newly accessible guest room will be modified to havean oversized bathtub and whirlpool to provide the samerange of options available to all patrons of the hotel,

consistent with the Standards, 9.4.1. An architect'sdrawing showing the modified accessible guest room isattached.

c. Additional telephone notification devices will be installed in 6guest rooms, and additional door knock notification devices willbe installed in 4 rooms to meet the total required complement ofnotification devices, consistent with the Standards, SS 9.1.2,9.1.3, 9.3.

d. The doors to the bathrooms in the guest rooms not designatedaccessible that are located on the first floor of the facilitywill be widened to provide a 32

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inch clear opening width, consistent with the Standards, SS4.13.5, 9.4. An architect's drawing showing the modified doorsis attached.

10. Guest rooms designated accessible -- Rooms 102, 103, 104a. The locks on the inside of the doors to guest rooms 102, 103 and

104 will be mounted at a height that is consistent with theStandards, S 4.13.9. An architect's drawing showing the locationof the accessible door locks is attached.

b. The visual alarms in guest rooms 102, 103, and 104 will beconnected to the building alarm system, consistent with the

Standards, S 4.28.3. An architect's drawing showing thehardwiring and outlets is attached.

c. The existing operating controls for the air conditioning and

heating units, and for the wall mounted lights in guest rooms102, 103, and 104 will be replaced with controls that areconsistent with the Standards, S 4.27.4.

d. The clothing rods in the closet alcoves in guest rooms 102, 103,and 104 will be mounted at a height that is consistent with theStandards, S 4.25.3. An architect's drawing showing theaccessible clothing rods is attached.

e. The existing hardware on the connecting doors in guest rooms102, 103, and 104 will be replaced with hardware that is

consistent with the Standards, S 4.13.9.f. The furniture in guest rooms 102, 103, and 104 will be

reconfigured to provide the required maneuvering clearancealongside the beds, consistent with the Standards, S 9.2.2(1).An architect's drawing showing the reconfigured accessible roomsis attached.

g. The side wall grab bars for the toilets in guest rooms 102, 103,and 104 will be mounted to extend the required distance from therear wall, and the rear wall grab bars will be replaced withgrab bars of the required length, consistent with the Standards,

S 4.16.4. An architect's drawing showing the correct grab barsis attached.

h. The walls in the toilet rooms in guest rooms 102, 103, and 104will be relocated to provide the required distance from thetoilets to the side walls, consistent with the Standards, S4.16.2. An architect's drawing showing the accessible toilets isattached.

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i. The toilet rooms in guest rooms 102, 103, and 104 will be

modified to provide the required clear floor space, consistentwith the Standards, S 4.23.3. An architect's drawing showing the

modified accessible toilet rooms is attached. The roll-in showerin guest room 104 will modified to have the required dimensions,with a folding seat and no grab bars behind the seat, consistentwith the Standards, S 9.1.2. An architect's drawing showing themodified roll-in shower is attached.

k. The shower spray unit in the roll-in shower in guest room 104will be mounted next to the folding seat, consistent with theStandards, S 9.1.2. An architect's drawing showing the modified

roll-in shower and spray unit is attached.l. Lower grab bars will be installed in the tubs in guest rooms 102

and 103, consistent with the Standards, S 4.21.4. An architect'sdrawing showing the accessible tubs and grab bars is attached.

m. The existing controls for the bathtubs in guest rooms 102 and103 will be replaced with controls that are consistent with theStandards, S 4.20.5.

n. The existing controls for the showers in guest rooms 102 and 103will be replaced with controls that are consistent with theStandards, S 4.27.4.

o. Tub seats will be installed in the tubs in guest rooms 102 and103, consistent with the Standards, S 4.20.3. An architect's

drawing showing the accessible tubs and seats is attached.7

01-01225

us department of justice civil rights division - letter - diin2

Documents