US Department of Justice Civil Rights Division - Letter - Diin2

UNITED STATES DISTRICT COURT
SOUTHERN 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 the
attached Settlement Agreement resolving this case as to the Defendant, Sarp,
Ltd. In support of this Motion, the parties jointly represent to the
Court 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 the
aforementioned Settlement Agreement
3. This Settlement Agreement is intended to and does resolve all
matters in dispute between the Plaintiff and the named Defendant, Sarp, Ltd.
as provided for in the Settlement Agreement.
01-01188
WHEREFORE, the parties jointly request that this Court approve and
enter 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 Indiana
Civil Rights Division 46 E. Ohio Street
U.S. Department of Justice Indianapolis, Indiana 46240
P.O. Box 66738 (317)226-6333
Washington, D.C. 20035-6738
(202)307-0986
For Defendant SARP, Ltd.:
WM. MICHAELS SCHIFF, Attorney for SARP, Ltd.
MARY LEE FRANKE, Attorney for SARP, Ltd.
Ziemer, Stayman, Weitzel & Shoulders
Post Office Box 916
Evansville, IN 47706-0916
(812)424-7575
01-01189
EVANSVILLE DIVISION
)
Plaintiff, )
)
vs. )
)
Defendants. )
SETTLEMENT AGREEMENT
A. Background
1. On February 8, 1996, the United States filed an action under Title
III 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 States
Department of Justice visited and inspected the Evansville Days Inn, as part
of an investigation of the hotel conducted pursuant to Department of Justice's
authority to review the complianceof entities covered 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 the
hotel, the Department of Justice identified several features, elements, and
spaces of the Evansville Days Inn that failed to comply with the ADA's
Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the
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01-01190
Standards"). A list of the features, elements, and spaces of the hotel that
havebeen identified as failing to comply with the Standards is attached hereto
as Exhibit 1.
4. In an effort to resolve their differences expeditiously and without
the burden, expense and delay of further litigation, plaintiff United States
and defendant SARP, Ltd., have engaged in good faith negotiations. As a result
of 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 the
meaning 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 a
public accommodation within the meaning of section 303 (a) of the Act. Id.
4. Upon information and belief, the last building permit for the
Evansville Days Inn was made or certified to be complete on or after January
26, 1992.
5. Upon information and belief, the first Certificate of Occupancy for
the Evansville Days Inn was issued on or after January 26, 1993.
6. Defendant SARP is a private entity that owns the Evansville Days
Inn. 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 with
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01-01191
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 of
the ADA, 28 C.F.R. Part 36, ("the regulation"), including the Standards for
Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28
C.F.R. S S 36.401, 36.406. A list of features, elements, and spaces of the
hotel that do not comply with the Standards is attached here as Exhibit 1.
8. The failures to design and construct the Evansville Days Inn to be
readily accessible to and usable by individuals with disabilities constitute a
pattern or practice of discrimination within the meaning of 42 U.S.C. S
12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a).
readily accessible to and usable by individuals with disabilities constitute
unlawful 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 any
intentional violation of the ADA or any other law, rule or regulation dealing
with or in connection with the ADA.
11. Not later than June 30, 1999, SARP will remedy the failures to
comply 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 the
bathrooms in the guest rooms located on the first floor of the hotel. Set
forth 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 to
comply with the Standards identified in Exhibit 1. The actions specified in
Exhibit 2 are numbered to correspond to the violations identified
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01-01192
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 with
this agreement. The report shall indicate which steps specified in Exhibit 2
have been completed. If any steps have not been completed, the report shall so
indicate and explain why such steps have not been completed. Not later than
June 30, 1998, defendant SARP shall provide to counsel for the United States a
second report on the status of its compliance with this agreement. The report
shall indicate which steps specified in Exhibit 2 have been completed. If any
steps have not been completed, the report shall so indicate and explain why
such steps have not been completed.
13. The parties hereto shall negotiate in good faith to resolve any
dispute relating to the interpretation or implementation of this Agreement
before bringing the matter to the Court's attention.
14. The Court shall retain jurisdiction of this action to enforce the
provisions of this Agreement through June 30, 2000, after which time all of
its provisions shall be terminated and the action against SARP shall be
dismissed with prejudice, unless the Court determines it is necessary
to extend any of the requirements in this Agreement, in which case those
requirements shall be extended. Each party shall bear its own costs and
attorney fees.
15. Defendant SARP shall comply with the ADA Standards in any future
involvement by it in the design and construction of a public accommodation or
commercial facility.
16. This agreement relates solely to the facts and events alleged in
the United States' complaint and shall govern the compliance of the defendant
SARP with the ADA's Standards for Accessible Design at the Evansville Days Inn
located at 4819 Tecumseh Lane. This Agreement
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01-01193
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 facility
or place of public accommodation designed and constructed by defendant SARP or
any other violations of federal law.
17. This instrument reflects the entire agreement between the parties
hereto.
SO ORDERED this day of June 1996
United States District Judge
Agreed to:
TIM A. BAKER
P.O. Box 66738 (317) 226-6333
(202) 307-0986
WM. MICHAEL SCHIFF, Attorney for SARP, Ltd.
Post Office Box 916
(812) 424-7575
5
01-01194
EXHIBIT 1
Failures of the Evansville, Indiana Days Inn to
comply with the ADA's Standards for Accessible Design
identified by the U.S. Department of Justice
1. Parking and passenger loading zone violations
a. 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 S
4.1.2(5). While three spaces are designated accessible, none
complies with the requirements of the Standards, as specified
in 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 access
aisle that is
level, because a built-up curb ramp projects into the access
aisle. Standards S 4.6.3.
d. The third space designated accessible has an access aisle that
does not adjoin an accessible route to the entrance. Standards S
4.6.3.
e. None of the spaces designated accessible has an elevated sign
designating it as "van accessible." Standards S 4.6.4.
f. The passenger loading zone at the front entrance to the hotel
does not have a demarcated access aisle, and the passenger
loading zone is not level. Standards S 4.6.6.
g. There is no sign identifying an accessible passenger loading
zone. Standards S 4.1.2(7).
2. Exterior route violations

a. The curb ramp located in the access aisle between two of the
paces designated accessible is too steep, and has flared sides
that are too steep. Standards SS 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 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 building
from the parking spaces designated
01-01195
accessible to the front entrance has a slope and a cross-slope

that are too steep. Standards S 4.3.7.
d. A hook projects more than 4" from the fence surrounding the pool
area. Standards S 4.4.1.
e. The walkway from the pool gate to the public way in front of the
hotel has a slope of more than 1:20. This walkway does not
comply with the requirements for ramps in that it has no
handrails, and has inadequate landings. Standards SS 4.3.8, 4.8.
Violations at exterior and interior stairs and areas of rescue assistance
a. The design of the stairways on the first floor reduces vertical
clearance adjacent to an accessible route to less than 80", but
no barrier to warn blind or visually-impaired persons is
provided. Standards S 4.4.2.
4. Violations at entrances and exits
a. 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 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 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 violations

a. The single drinking fountain in the lounge at the lobby is
mounted low enough for a wheelchair user to drink from, but
there is no drinking
fountain or water cooler accessible to individuals who have
difficulty bending or stooping. Standards S 4.1.3(10).
6. Interior route violations
a. The interior door between the lobby and the area behind the
registration desk has inadequate maneuvering clearance on the
pull 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 S 4.13.6.
c. The hardware on the doors to the electric and linen rooms
require 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 than
4" 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 does
not extend far enough from the rear wall, and the rear wall grab
bar 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 13.6.
d. There is inadequate clear floor space at the toilet in the
conference room toilet room. Standards S 4.16.2.
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01-01197
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 far
enough from the rear wall. Standards S 4.16.4.
g. The toilet in the conference room toilet room is not on an
accessible route. Standards S 4.22.3.
h. There is inadequate knee clearance under the lavatory in the
i. There is inadequate clear floor space at the lavatory in the
j. The hot water and drain pipes under the lavatory in the
conference room toilet room are not insulated or otherwise
configured to protect against contact. Standards S 4.19.4.
k. There is no unobstructed turning space in the conference room
toilet 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 hotel
laundry and workroom. Standards S 4.28.1.
9. Violations with respect to guest rooms generally

a. There are an inadequate number of accessible guest rooms. The
hotel has 60 guest rooms and suites; the Standards require three
accessible guest rooms, and a fourth guest room with a roll-in
shower. The hotel has only three guest rooms designated
accessible. Standards S 9.1.2.
b. The guest rooms designated accessible are not dispersed among
the various classes of sleeping accommodations available to
patrons of the hotel, as specified below. Standards S 9.1.4.
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01-01198
i) Each of the guest rooms designated accessible has only
one queen-sized bed. The hotel has approximately 38
rooms with two beds, but none of these rooms is
accessible.
ii) The hotel has three suites with oversized bathtubs with
whirlpools, 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 seven
rooms with notification devices. Standards S 9.1.2, 9.1.3, 9.3.
d. The doors to the bathrooms in the guest rooms not designated
accessible are too narrow. Standards S 9.4.
10. Violations with respect to guest rooms designated accessible -- Rooms
102, 103, 104
a. The locks on the inside of the doors to guest rooms 102, 103 and
104 are too
high. 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, 103
and 104 require tight grasping, pinching, or twisting of the
wrist. Standards S 4.27.4.
d. The clothing rods in the closet alcoves in guest rooms 102, 103
and 104 are too high. Standards S 4.25.3.
e. The hardware on the connecting doors in guest rooms 102, 103 and
104 requires tight grasping, pinching, or twisting of the wrist.
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 the
rear wall grab 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.
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01-01199
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.
n. The controls for the showers in guest rooms 102 and 103 require
tight grasping, pinching or twisting of the wrist. Standards S
4.27.4.
o. There is no tub seat provided for the bathtubs in guest rooms
6
01-01200
EXHIBIT 2
Actions to be taken by SARP, Ltd., to remedy
failures of the Evansville Days Inn to comply
with the ADA's Standards for Accessible Design
1. Parking and passenger loading zone
a. 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). An
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. An
architect's drawing showing the level accessible spaces is
attached.
c. The accessible parking area will be moved, and the required
access aisles will be provided, consistent with the Standards, S
4.6.3. 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 drawing
showing the new accessible parking area is attached.
e. Spaces designated as accessible will have vertical signs,
including a "van- accessible" sign, consistent with the
Standards, S 4.6.4.
lobby will be redone to provide a demarcated access aisle, and
will be made level, consistent with the Standards, S 4.6.6. An
architect's drawing showing the accessible passenger loading
zone is attached.
g. A sign identifying the accessible passenger loading zone will be
installed, consistent with the Standards, S 4.1.2(7).
Exterior route
a. The accessible parking area will be moved, and all curb ramps
installed 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 the
Standards, SS 4.7.2, 4.7.5. An architect's drawing showing the
correct curb ramp is attached.
01-01201
c. The route along the walkway in front of the building from the
parking spaces designated accessible to the front entrance of
the hotel at the curb ramp will be redone to have a slope and
cross slope that are consistent with the Standards, S 4.3.7. An
architect'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 have
the 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. An
architect'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 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 or
adjusted to have the required sweep period, consistent with the
d. The existing thresholds at the hall and the stairway at the
north exit door (at the pool), and at the hall and the stairway
at 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 accessible
gate hardware is attached.
pool gate will be made level, consistent with the Standards, S
4.13.6. An architect's drawing of the accessible maneuvering
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01-01202
5. Front lobby
a. 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 the
height of the accessible water cooler is attached.
6. Interior route
a. 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. An
architect's drawing showing the accessible maneuvering clearance
is attached.
b. The conference room will be re-designated for use as an
accessible 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 the
will be recessed into the hall walls, and will not protrude more
than 4 inches into the hallways, consistent with the Standards,
S 4.4.1. An architect's drawing showing the recessed fire
extinguisher cabinets is attached.
e. Visual and audible signal devices indicating the direction of
the elevator call will be installed in the hotel elevator,
f. A light will be installed on the emergency communication system
signaling the receipt of a call for emergency assistance,
7. Public and common use toilet rooms
a. The side wall in the lobby restroom will be moved to provide the
required distance from the side wall to the center line,
showing the modified lobby restroom is attached.
b. The side wall grab bar in the toilet in the lobby will be
counted at the required distance from the rear wall, and the
existing rear wall grab bar will be replaced with a grab bar of
the required length, consistent with the
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01-01203
Standards, S 4.16.4. An architect's drawing showing the modified

accessible restroom is attached.
c. The conference room will be modified for use as an accessible
guest room, and the fixtures in the restroom will be modified to
provide the required maneuvering clearance on the pull side of
the door, consistent with the Standards, S 4.13.6. An
architect's drawing showing the modified space is attached.
d. The conference room will be modified for use as an accessible
guest room. The toilet in the restroom will be modified to have
the required clear floor space, consistent with the Standards, S
4.16.2. An architect's drawing showing the modified space is
attached.
e. The conference room will be modified for use as an accessible
guest room. The toilet in the restroom will be raised to the
required height, consistent with the Standards, S 4.16.3. An
f. The conference room will be modified for use as an accessible
guest room. A rear wall grab bar will be installed at the
toilet, and the side wall grab bar will be modified to extend
the required distance from the wall, consistent with the
Standards, S 4.16.4. An architect's drawing showing the
modified space is attached.
g. The conference room will be modified for use as an accessible
guest room, with an accessible toilet room that is consistent
with the Standards. An architect's drawing showing the modified
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 to
provide the required knee clearance, consistent with the
space is attached.
i. The conference room will be modified for use as an accessible
have the required clear floor space, consistent with the
Standards, S 4.19.3. An
j. The conference room will be modified for use as an accessible
guest room. The hot water and drain pipes under the lavatory in
the toilet room will be protected against contact, consistent
with the Standards, S 4.19.4. An architect's drawing showing the
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01-01204
k. The conference room will be modified for use as an accessible

guest room. The toilet room will be modified to provide the
required unobstructed turning space, consistent with the
space 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 at
a height that is consistent with the Standards, S 4.25.3. An
8. Public and common use rooms and spaces
a. Visual alarms will be installed in the hotel laundry, linen, and
workrooms, consistent with the Standards, S 4.28.1. An
architect's drawing showing the placement of the visual alarms
is attached.
9. Guest rooms generally
a. The conference room will be modified to be accessible, and will
incorporate the changes noted in Items 9(b)(i), (ii). In
addition, accessible guest room 104 will be modified to have a
roll-in shower with a folding seat and no grab bars behind the
seat, consistent with the Standards, S 9.1.2. Architect's
drawings showing the accessible guest rooms, including all
changes 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 reconfigured
to include 2 beds to provide the same range of options
of sleeping accommodations available to all patrons of
the hotel, consistent with the Standards, S 9.4.1. An
architect'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 same
range of options available to all patrons of the hotel,
consistent with the Standards, S 9.4.1. An architect's
drawing showing the modified accessible guest room is
attached.
c. Additional telephone notification devices will be installed in 6
guest rooms, and additional door knock notification devices will
be 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.
accessible that are located on the first floor of the facility
will be widened to provide a 32
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01-01205
inch clear opening width, consistent with the Standards, SS

4.13.5, 9.4. An architect's drawing showing the modified doors
is attached.
10. Guest rooms designated accessible -- Rooms 102, 103, 104
104 will be mounted at a height that is consistent with the
Standards, S 4.13.9. An architect's drawing showing the location
of the accessible door locks is attached.
b. The visual alarms in guest rooms 102, 103, and 104 will be
connected to the building alarm system, consistent with the
hardwiring and outlets is attached.
c. The existing operating controls for the air conditioning and
heating units, and for the wall mounted lights in guest rooms
102, 103, and 104 will be replaced with controls that are
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 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
f. The furniture in guest rooms 102, 103, and 104 will be
reconfigured to provide the required maneuvering clearance
alongside the beds, consistent with the Standards, S 9.2.2(1).
An architect's drawing showing the reconfigured accessible rooms
is 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 the
rear wall, and the rear wall grab bars will be replaced with
grab bars of the required length, consistent with the Standards,
S 4.16.4. An architect's drawing showing the correct grab bars
is attached.
h. The walls in the toilet rooms in guest rooms 102, 103, and 104
will be relocated to provide the required distance from the
toilets to the side walls, consistent with the Standards, S
4.16.2. An architect's drawing showing the accessible toilets is
attached.
6
01-01206
i. The toilet rooms in guest rooms 102, 103, and 104 will be
modified to provide the required clear floor space, consistent
modified accessible toilet rooms is attached.
j. The roll-in shower in guest room 104 will modified to have the
required dimensions, with a folding seat and no grab bars behind
the seat, consistent with the Standards, S 9.1.2. An architect's
drawing 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 the
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's
drawing showing the accessible tubs and grab bars is attached.
m. The existing controls for the bathtubs in guest rooms 102 and
103 will be replaced with controls that are consistent with the
n. The existing controls for the showers in guest rooms 102 and 103
will be replaced with controls that are consistent with the
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's
drawing showing the accessible tubs and seats is attached.
7
01-01207
EVANSVILLE DIVISION
)
Plaintiff, )
)
vs. )
)
Defendants. )
SETTLEMENT AGREEMENT
A. Background
1. On February 8, 1996, the United States filed an action under Title
III 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 part
of an investigation of the hotel conducted pursuant to Department of Justice's
authority to review the compliance of entities
covered 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 the
hotel, the Department of Justice identified several features, elements, and
spaces of the Evansville Days Inn that failed to comply with the ADA's
1
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 attached
hereto as Exhibit 1.
4. In an effort to resolve their differences expeditiously and without
the burden, expense and delay of further litigation, plaintiff United States
and defendant SARP, Ltd., have engaged in good faith negotiations. As a result
of 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 the
meaning 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 a
public accommodation within the meaning of section 303(a) of the Act. Id.
4. Upon information and belief, the last building permit for the
Evansville Days Inn was made or certified to be complete on or after January
26, 1992.
5. Upon information and belief, the first Certificate of Occupancy for
the Evansville Days Inn was issued on or after January 26, 1993.
6. Defendant SARP is a private entity that owns the Evansville Days
Inn. 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 with
2
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 of
the ADA, 28 C.F.R. Part 36, ("the regulation"), including the
Standards"). 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 here
as Exhibit 1.
readily accessible to and usable by individuals with disabilities constitute a
pattern or practice of discrimination within the meaning of 42 U.S.C. S
12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a).
readily accessible to and usable by individuals with disabilities constitute
unlawful discrimination that raises an issue of general public importance
within the meaning of 42 U.S.C. S 12188 (b) (1) (B)(ii) 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 any
intentional violation of the ADA or any other law, rule or regulation dealing
with or in connection with the ADA.
11. Not later than June 30, 1999, SARP will remedy the failures to
comply 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 the
bathrooms in the guest rooms located on the first floor of the hotel. Set
forth 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 to
comply with the Standards identified in Exhibit 1. The actions specified in
Exhibit 2 are numbered to correspond to the violations identified
3
01-01210
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 with
this agreement. The report shall indicate which steps specified in Exhibit 2
have been completed. If any steps have not been completed, the report shall so
indicate and explain why such steps have not been completed. Not later than
June 30, 1998, defendant SARP shall provide to counsel for the United States a
second report on the status of its compliance with this agreement. The report
shall indicate which steps specified in Exhibit 2 have been completed. If any
steps have not been completed, the report shall so indicate and explain why
such steps have not been completed.
13. The parties hereto shall negotiate in good faith to resolve any
dispute relating to the interpretation or implementation of this Agreement
before bringing the matter to the Court's attention.
14. The Court shall retain jurisdiction of this action to enforce the
provisions of this Agreement through June 30, 2000, after which time all of
its provisions shall be terminated and the action against SARP shall be
dismissed with prejudice, unless the Court determines it is necessary to
extend any of the requirements in this Agreement, in which case those
requirements shall be extended. Each party shall bear its own costs and
attorney fees.
15. Defendant SARP shall comply with the ADA Standards in any future
involvement by it in the design and construction of a public accommodation or
commercial facility.
16. This agreement relates solely to the facts and events alleged in
the United States' complaint and shall govern the compliance of defendant SARP
with the ADA's Standards for Accessible Design at the Evansville Days Inn
located at 4819 Tecumseh Lane. This Agreement
4
01-01211
does not address, and shall not be construed to address, any other issues of
ADA compliance at the Evansville Days Inn, or at any other commercial facility
or place of public accommodation designed and constructed by defendant SARP or
any other violations of federal law.
17. This instrument reflects the entire agreement between the parties
hereto.
SO ORDERED this 31st day of July, 1996.
United States District Judge
Agreed to:
TIM A. BAKER
P.O. Box 66738 (317) 226-6333
(202) 307-0986
WM. MICHAEL SCHIFF, Attorney for SARP, Ltd.
Post Office Box 916
(812) 424-7575
5
01-01212
EXHIBIT 1
Failures of the Evansville, Indiana Days Inn to
comply with the ADA's Standards for Accessible Design
identified by the U.S. Department of Justice
1. Parking and passenger loading zone violations
a. 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 S
4.1.2(5). While three spaces are designated
accessible, none complies with the requirements of the
Standards, as specified in 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 access
aisle that is level, because a built-up curb ramp projects into
the access aisle. Standards S 4.6.3.
d. The third space designated accessible has an access aisle that
does not adjoin an accessible route to the entrance. Standards S
4.6.3.
e. None of the spaces designated accessible has an elevated sign
designating it as "van accessible." Standards S 4.6.4.
does not have a demarcated access aisle, and the passenger
loading zone is not level. Standards S 4.6.6.
g. There is no sign identifying an accessible passenger loading
zone. Standards S 4.1.2(7).
2. Exterior route violations
a. The curb ramp located in the access aisle between two of the
spaces 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 building
from the parking spaces designated
01-01213
accessible to the front entrance has a slope and a cross-slope

that are too steep. Standards S 4.3.7.
d. A hook projects more than 4" from the fence surrounding the pool
area. Standards S 4.4.1.
e. The walkway from the pool gate to the public way in front of the
hotel has a slope of more than 1:20. This walkway does not
comply with the requirements for ramps in that it has no
handrails, and has inadequate landings. Standards S S 4.3.8,
4.8.
3. Violations at exterior and interior stairs and areas of rescue
assistance
a. The design of the stairways on the first floor reduces vertical
clearance adjacent to an accessible route to less than 80", but
no barrier to warn blind or visually-impaired persons is
provided. Standards S 4.4.2.
Violations at entrances and exits
a. 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 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.
pool gate is not level. Standards S 4.13.6.
2
01-01214
5. Front lobby violations
a. The single drinking fountain in the lounge at the lobby is
mounted low enough for a wheelchair user to drink from, but
there is no drinking fountain or water cooler accessible to
individuals who have difficulty bending or stooping. Standards S
4.1.3(10).
6. Interior route violations
a. The interior door between the lobby and the area behind the
registration desk has inadequate maneuvering clearance on the
pull 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 S
4.13.6.
c. The hardware on the doors to the electric and linen rooms
require tight grasping, pinching, or twisting of the wrist.
Standards S 4.13.9.
project more than 4" 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 does
not extend far enough from the rear wall, and the rear wall grab
bar 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 the
3
01-01215
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 far
enough from the rear wall. Standards S 4.16.4.
g. The toilet in the conference room toilet room is not on an
accessible route. Standards S 4.22.3.
h. There is inadequate knee clearance under the lavatory in the
i. There is inadequate clear floor space at the lavatory in the
j. The hot water and drain pipes under the lavatory in the
conference room toilet room are not insulated or otherwise
configured to protect against contact. Standards S 4.19.4.
k. There is no unobstructed turning space in the conference room
toilet 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 spaces
a. 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 generally
a. There are an inadequate number of accessible guest rooms. The
hotel has 60 guest rooms and suites; the Standards require three
accessible guest rooms, and a fourth guest room with a roll-in
shower. The hotel has only three guest rooms designated
accessible. Standards S 9.1.2.
b. The guest rooms designated accessible are not dispersed among
the various classes of sleeping accommodations available to
patrons of the hotel, as specified below. Standards S 9.1.4.
4
01-01216
i) Each of the guest rooms designated accessible has only

one queen-sized bed. The hotel has approximately 38
rooms with two beds, but none of these rooms is
accessible.
ii) The hotel has three suites with oversized bathtubs with
whirlpools, 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 seven
rooms with notification devices. Standards S 9.1.2, 9.1.3, 9.3.
accessible are too narrow. Standards S 9.4.
10. Violations with respect to guest rooms designated accessible -- Rooms
102, 103, 104
104 are too high. 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, 103
and 104 require tight grasping, pinching, or twisting of the
wrist. Standards S 4.27.4.
d. The clothing rods in the closet alcoves in guest rooms 102, 103
and 104 are too high. Standards S 4.25.3.
e. The hardware on the connecting doors in guest rooms 102, 103 and
104 requires tight grasping, pinching, or twisting of the wrist.
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 the rear wall
grab 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.
5
01-01217
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
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 S
4.27.4.
o. There is no tub seat provided for the bathtubs in guest rooms
6
01-01218
EXHIBIT 2
Actions to be taken by SARP, Ltd., to remedy
failures of the Evansville Days Inn to comply
with the ADA's Standards for Accessible Design
1. Parking and passenger loading zone
a. 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). An
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. An
architect's drawing showing the level accessible spaces is
attached.
c. The accessible parking area will be moved, and the required
access aisles will be provided, consistent with the Standards, S
4.6.3. 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,
showing the new accessible parking area is attached.
e. Spaces designated as accessible will have vertical signs,
including a "van- accessible" sign, consistent with the
Standards S 4.6.4.
lobby will be redone to provide a demarcated access aisle, and
will be made level, consistent with the Standards, S 4.6.6. An
architect's drawing showing the accessible passenger loading
zone is attached.
g. A sign identifying the accessible passenger loading zone will be
installed, consistent with the Standards, S 4.1.2(7).
2. Exterior route
a. 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 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 the
Standards, S S 4.7.2, 4.7.5. An architect's drawing showing the
correct curb ramp is attached.
01-01219
c. The route along the walkway in front of the building from the
parking spaces designated accessible to the front entrance of
the hotel at the curb ramp will be redone to have a slope and
cross slope that are consistent with the Standards, S 4.3.7. An
architect'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 have
the required landings and will have the required handrails,
consistent with the Standards, S S 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. An
architect'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 the
front entrance door will be made level, consistent with 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 or
adjusted to have the required sweep period, consistent with the
d. The existing thresholds at the hall and the stairway at the
north exit door (at the pool), and at the hall and the stairway
at the south exit door will be replaced with thresholds that are
e. The hardware on the gate at the pool area will be placed at a
height that is consistent with the Standards, S S 4.13.3,
4.13.9. An architect's drawing showing the placement of the
accessible gate hardware is attached.
pool gate will be made level, consistent with the Standards, S
4.13.6. An architect's drawing of the accessible maneuvering
2
01-01220
5. Front lobby
a. 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 the
height of the accessible water cooler is attached.
6. Interior route
a. 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. An
architect's drawing showing the accessible maneuvering clearance
is attached.
b. The conference room will be re-designated for use as an
accessible 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 the
will be recessed into the hall walls, and will not protrude more
than 4 inches into the hallways, consistent with the Standards,
S 4.4.1. An architect's drawing showing the recessed fire
extinguisher cabinets is attached.
e. Visual and audible signal devices indicating the direction of
the elevator call will be installed in the hotel elevator,
f. A light will be installed on the emergency communication system
signaling the receipt of a call for emergency assistance,
7. Public and common use toilet rooms
a. The side wall in the lobby restroom will be moved to provide the
required distance from the side wall to the center line,
showing the modified lobby restroom is attached.
b. The side wall grab bar in the toilet in the lobby will be
mounted at the required distance from the rear wall, and the
existing rear wall grab bar will be replaced with a grab bar of
the required length, consistent with the
3
01-01221

accessible restroom is attached.
c. The conference room will be modified for use as an accessible
guest room, and the fixtures in the restroom will be modified to
provide the required maneuvering clearance on the pull side of
the door, consistent with the Standards, S 4.13.6. An
d. The conference room will be modified for use as an accessible
guest room. The toilet in the restroom will be modified to have
the required clear floor space, consistent with the Standards, S
4.16.2. An architect's drawing showing the modified space is
attached.
e. The conference room will be modified for use as an accessible
guest room. The toilet in the restroom will be raised to the
required height, consistent with the Standards, S 4.16.3. An
f. The conference room will be modified for use as an accessible
guest room. A rear wall grab bar will be installed at the
toilet, and the side wall grab bar will be modified to extend
the required distance from the wall, consistent with the
space is attached.
g. The conference room will be modified for use as an accessible
guest room, with an accessible toilet room that is consistent
with the Standards. An architect's drawing showing the modified
space is attached.
h. The conference room will be modified for use as an accessible
provide the required knee clearance, consistent with the
space is attached.
i. The conference room will be modified for use as an accessible
have the required clear floor space, consistent with the
space is attached.
j The conference room will be modified for use as an accessible
guest room. The hot water and drain pipes under the lavatory in
the toilet room will be protected against contact, consistent
4
01-01222
k. The conference room will be modified for use as an accessible

guest room. The toilet room will be modified to provide the
required unobstructed turning space, consistent with the
space 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 at
height that is consistent with the Standards, S 4.25.3. An
8. Public and common use rooms and spaces
a. Visual alarms will be installed in the hotel laundry, linen, and
workrooms, consistent with the Standards, S 4.28.1. An
architect's drawing showing the placement of the visual alarms
is attached.
9. Guest rooms generally
a. The conference room will be modified to be accessible, and will
incorporate the changes noted in Items 9(b)(i), (ii). In addition, accessible
guest room 104 will be modified to have a roll-in shower with a folding seat
and no grab bars behind the seat, consistent with the Standards, S 9.1.2.
Architect's drawings showing the accessible guest rooms, including all changes
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 reconfigured
to include 2 beds to provide the same range of options
of sleeping accommodations available to all patrons of
the hotel, consistent with the Standards, S 9.4.1. An
architect'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 same
range of options available to all patrons of the hotel,
consistent with the Standards, 9.4.1. An architect's
drawing showing the modified accessible guest room is
attached.
c. Additional telephone notification devices will be installed in 6
guest rooms, and additional door knock notification devices will
be 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.
accessible that are located on the first floor of the facility
will be widened to provide a 32
5
01-01223
inch clear opening width, consistent with the Standards, SS
4.13.5, 9.4. An architect's drawing showing the modified doors
is attached.
10. Guest rooms designated accessible -- Rooms 102, 103, 104
104 will be mounted at a height that is consistent with the
Standards, S 4.13.9. An architect's drawing showing the location
of the accessible door locks is attached.
b. The visual alarms in guest rooms 102, 103, and 104 will be
connected to the building alarm system, consistent with the
hardwiring and outlets is attached.
c. The existing operating controls for the air conditioning and
heating units, and for the wall mounted lights in guest rooms
102, 103, and 104 will be replaced with controls that are
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 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
f. The furniture in guest rooms 102, 103, and 104 will be
reconfigured to provide the required maneuvering clearance
alongside the beds, consistent with the Standards, S 9.2.2(1).
An architect's drawing showing the reconfigured accessible rooms
is 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 the
rear wall, and the rear wall grab bars will be replaced with
grab bars of the required length, consistent with the Standards,
S 4.16.4. An architect's drawing showing the correct grab bars
is attached.
h. The walls in the toilet rooms in guest rooms 102, 103, and 104
will be relocated to provide the required distance from the
toilets to the side walls, consistent with the Standards, S
4.16.2. An architect's drawing showing the accessible toilets is
attached.
6
01-01224
i. The toilet rooms in guest rooms 102, 103, and 104 will be
modified to provide the required clear floor space, consistent
modified accessible toilet rooms is attached. The roll-in shower
in guest room 104 will modified to have the required dimensions,
with a folding seat and no grab bars behind the seat, consistent
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 the
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's
drawing showing the accessible tubs and grab bars is attached.
m. The existing controls for the bathtubs in guest rooms 102 and
103 will be replaced with controls that are consistent with the
n. The existing controls for the showers in guest rooms 102 and 103
will be replaced with controls that are consistent with the
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's
drawing showing the accessible tubs and seats is attached.
7
01-01225

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

2. Exterior route violations

accessible to the front entrance has a slope and a cross-slope

Front lobby violations

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

9. Violations with respect to guest rooms generally

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

Standards, S 4.16.4. An architect's drawing showing the modified

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

inch clear opening width, consistent with the Standards, SS

accessible to the front entrance has a slope and a cross-slope

i) Each of the guest rooms designated accessible has only

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

Standards, S 4.16.4. An architect's drawing showing the modified

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

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