US Department of Justice Civil Rights Division - Letter - diky2

8/14/2019 US Department of Justice Civil Rights Division - Letter - diky2

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF KENTUCKY

PIKEVILLE DIVISION

UNITED STATES OF AMERICA, ))

Plaintiff, ))

v. ))) Civil Action No.: 96-26

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

SYSTEMS, INC., HAZARD )

MANAGEMENT GROUP, INC., )J. DOUGLAS KIDD, and )NAPIER & SEBASTIAN CONSTRUCTION, )

))

Defendants. ))

CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTSHAZARD MANAGEMENT GROUP, INC., J. DOUGLAS KIDD,

AND NAPIER & SEBASTIAN CONSTRUCTIONA. Background

1. On February 8, 1996, the United States filed an actionto enforce title III of the Americans with Disabilities Act of 1990 (the "ADA" or the "Act"), 42 U.S.C. SS 12181 through 12189,against Hazard Management Group, Inc., the owner of a Days Innhotel at 359 Morton Boulevard in Hazard, Kentucky, ("the hotel"or the "Hazard Days Inn"), J. Douglas Kidd, the architect of andfor the Days Inn Hotel in Hazard, and Napier & SebastianConstruction, the general contractor for the Hazard Days Inn.

2. On or about September 26, 1994, representatives of theUnited States Department of Justice visited and inspected the

Hazard Days Inn, as part of an investigation of the hotelconducted pursuant to the Department of Justice's authority to01-01406



review the compliance of entities covered by title III of theADA, 42 U.S.C. S 12188(b)(1)(A)(i).

3. As a result of its investigation, including itsinspection of the hotel, the Department of Justice identified

several features, elements, and spaces of the Hazard Days Innwhich failed to comply with the ADA's Standards for AccessibleDesign, 28 C.F.R. Part 36, Appendix A ("the Standards"). A list

of features, elements, and spaces of the hotel which did notcomply with the Standards is attached hereto as Exhibit 1.

4. In an effort to resolve their differencesexpeditiously, plaintiff United States and defendants HazardManagement Group ("HMG"), J. Douglas Kidd ("Kidd"), and Napier &Sebastian Construction ("Napier"), have engaged in good faithnegotiations. As a result of those negotiations, those parties

have agreed to enter into this jointly proposed Consent Order andFinal Judgment as to Defendants Hazard Management Group, Inc., J.Douglas Kidd, and Napier & Sebastian Construction.

5. As specified below, defendants HMG, Kidd, and Napierhave agreed to remedy each of the violations of the Standards setout in Exhibit 1.

B. Agreement of the PartiesAccordingly, by consent of plaintiff United States and

defendants HMG, Kidd, and Napier, it is hereby ORDERED andADJUDGED that:

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1. This court has jurisdiction of this action under 42U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345. Thecourt may grant declaratory and other relief pursuant to 28U.S.C. SS 2201 and 2202.

2. Venue is proper in this district.

3. The Hazard Days Inn is a non-residential facility whoseoperations affect commerce. As such, it is a commercial facilitywithin the meaning of section 303(a) of the Act. 42 U.S.C.

S 12183(a). In addition, because the Hazard Days Inn is a placeof lodging, it is also a public accommodation within the meaningof section 303(a) of the Act. Id.

4. The last building permit for the Hazard Days Inn wasapplied for on or about April 28, 1993.

5. The first Certificate of Occupancy for the Hazard DaysInn was issued on or about January 3, 1994.

6. Defendant Hazard Management Group, Inc. ("HMG"), is aprivate entity which owns the Hazard Days Inn. Defendant HMG

initiated, contracted for, or participated in all aspects of thedesign and construction of the hotel.

7. Defendant J. Douglas Kidd ("Kidd"), is a private entityengaged in the business of providing architectural and designspecification services. Kidd participated in the design andconstruction of the Hazard Days Inn by designing the hotel.

8. Defendant Napier & Sebastian Construction ("Napier"),is a private entity engaged in the business of providing general

-3-



01-01408

contracting services. Napier participated in the design andconstruction of the Hazard Days Inn by constructing the hotel.

9. The Hazard Days Inn is not readily accessible to orusable by individuals with disabilities, as required by section303(a)(1) of the Act, 42 U.S.C. S 12183(a)(1). The hotel failsin numerous respects to comply with the Department of Justice'sregulation 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 28C.F.R. SS 36.401, 36.406. A list of features, elements, andspaces of the hotel which do not comply with the Standards isattached hereto as Exhibit 1.

10. The failures of defendants HMG, Kidd, and Napier todesign and construct the Hazard Days Inn to be readily accessibleto and usable by individuals with disabilities constitute apattern or practice of discrimination within the meaning of 42U.S.C. S 12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a).



11. The failures of defendants HMG, Kidd, and Napier todesign and construct the Hazard Days Inn to be readily accessibleto and usable by individuals with disabilities constituteunlawful discrimination that raises an issue of general publicimportance within the meaning of 42 U.S.C. S 12188(b)(1)(B)(ii)and 28 C.F.R. S 36.503(b).

12. Not later than April 1, 1997, defendants HMG, Kidd, and

Napier will remedy each and every failure to comply with theStandards identified in Exhibit 1. Set forth in Exhibit 2 are

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the specific actions to be taken, and, where appropriate, thearchitectural plans to be followed by the defendants to remedythe failures to comply with the Standards identified in Exhibit1. The actions specified in Exhibit 2 are numbered to correspondto the violations identified in Exhibit 1.

13. Not later than June 1, 1997, defendants HMG, Kidd, andNapier shall provide to counsel for the United States a report on



the status of their compliance with this order. The report shallindicate 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.

14. The parties hereto shall negotiate in good faith toresolve any dispute relating to the interpretation orimplementation of this order before bringing the matter to the

Court's attention.15. The Court shall retain jurisdiction of this action to

enforce the provisions of this order through December 31, 1999,after which time all of its provisions shall be terminated,unless the Court determines it is necessary to extend any of itsrequirements, in which case those requirements shall be extended.

16. This agreement relates solely to the facts and events

alleged in the United States' complaint and shall govern thecompliance of defendants HMG, Kidd, and Napier with the ADA'sStandards for Accessible Design at the Hazard Days Inn. This

agreement does not address, and shall not be construed toaddress, any other issues of ADA compliance at the Hazard Days

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Inn, or at any other commercial facility or place of publicaccommodation designed and constructed by defendants HMG, Kidd orNapier, or any other violations of federal law.

17. This instrument reflects the entire agreement betweenthe parties hereto.

SO ORDERED this 6th day of May, 1996.United States District Judge

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Agreed and Consented to:For Plaintiff United States of America:

THOMAS M. CONTOISALYSE S. BASSKEN S. NAKATA

AttorneysDisability Rights SectionCivil Rights SectionU.S. Department of JusticePost Office Box 66738Washington, D.C. 20035-6738(202) 514-6014

(202) 616-9511(202) 307-2322

For Defendant Hazard Management Group, Inc.:WILGUS J. NAPIER, Vice PresidentHazard Management Group, Inc.359 Morton BoulevardHazard, Kentucky 41701(606) 436-4777For Defendant J. Douglas Kidd:J. DOUGLAS KIDD956 Jane DriveXenia, Ohio 45385

(513) 372-4367For Defendant Napier & Sebastian Construction:WILGUS J. NAPIER, PartnerNapier & Sebastian Construction951 Amlin DriveXenia, Ohio 45385(513) 372-945301-01412



EXHIBIT 1Failures to comply with the ADA's Standards for Accessible Design

identified by the U.S. Department of Justice

at the Hazard Days Inn1. Parking and passenger loading zone violations

a. There are too few accessible parking spaces. There are68 spaces in the lot; the Standards require threeaccessible spaces, including at least one vanaccessible space. Standards S 4.1.2(5). While threespaces are designated accessible, one of them does notcomply with the requirements of the Standards, asspecified in item 1.b., below.

b. One of the three spaces designated accessible does nothave an access aisle, and does not adjoin an accessibleroute to either the main lobby entrance or the

entrances to the accessible guest rooms. StandardsS 4.6.3.

c. None of the spaces designated accessible has a signdesignating it "van accessible." StandardsSS 4.1.2(5), 4.6.4.

d. There is inadequate vertical clearance at the passengerloading zone. Standards S 4.6.5.

e. The passenger loading zone at the front entrance to thehotel lobby does not have a demarcated access aisle,



and there is no curb ramp at the curb adjacent to thepassenger loading zone. Standards S 4.6.6.

2. Exterior route violationsa. The curb ramps from the parking lot to the walkways on

either side of the building are too steep, and haveside flares that are too steep. Standards SS 4.7.2,4.7.5.

b. Several objects along the hotel's exterior walkwaysprotrude more than 4" into the walkways, including thefire extinguisher cabinets and an electrical servicebox. Standards S 4.4.1.

c. The doors to various electrical, mechanical, andstorage rooms on the first and second floors havehardware that requires tight grasping, pinching, or

twisting of the wrist. Standards S 4.13.9.01-01413

d. There is inadequate maneuvering clearance on the pullside of the exterior door to the vending machine room.Standards S 4.13.6.

3. Violations at exterior stairsa. The handrails on each of the hotel's stairways are not

continuous on their inside run, do not have adequate

horizontal extensions at the top and bottom risers, andare mounted at the wrong height. Standards S 4.9.4.

b. The design of the exterior stairways reduces verticalclearance adjacent to an accessible route to less than80", but no barrier to warn blind or visually-impairedpersons is provided. Standards S 4.4.2.

4. Entrance and exit violationsa. The exterior entrances to the hotel laundry have doors

that have hardware that requires tight grasping,



pinching, or twisting of the wrist. StandardsS 4.13.9.

b. The exterior entrance to the conference room has athreshold that is too high, and has hardware thatrequires tight grasping, pinching, or twisting of thewrist. Standards SS 4.1.3(8), 4.13.8, 4.13.9.

5. Front lobby violations

a. The registration desk is too high. Standards S 7.2.b. There is no visual alarm in the lobby. Standards

S 4.28.1.6. Interior route violations

a. The gate to the area behind the registration desk istoo narrow, and has inadequate maneuvering clearance onthe pull side. Standards SS 4.13.5, 4.13.6.

EXHIBIT 1Page 2

01-01404

b. The door from the lobby area to the conference room hashardware that requires tight grasping, pinching, ortwisting of the wrist. Standards S 4.13.9.

c. The door from the lobby area to the hotel laundry hashardware that requires tight grasping, pinching, ortwisting of the wrist. Standards S 4.13.9.



d. The door from the lobby area to the linen storage areahas hardware that requires tight grasping, pinching, ortwisting of the wrist. Standards S 4.13.9.

7. Public and common use toilet room violationsa. The sign for the lobby restroom does not have raised

and Braille characters, and is not mounted on the walladjacent to the door of the restroom. Standards

SS 4.30.4, 4.30.6.b. The door to the lobby restroom swings into the clear

floor space required at both the toilet and thelavatory. Standards SS 4.22.2, 4.22.3.

c. There is no unobstructed turning space in the lobbyrestroom. Standards S 4.22.3.

d. The toilet in the lobby restroom is too close to the

side wall. Standards S 4.16.2.e. The angled support for the lavatory in the lobby

restroom encroaches into the clear floor space required

at the toilet. Standards S 4.16.2.f. The toilet in the lobby restroom is too low. Standards

S 4.16.3.g. The toilet in the lobby restroom does not have grab

bars. Standards S 4.16.4.h. The lavatory in the lobby restroom does not provide

adequate knee clearance. Standards S 4.19.2.

i. The lavatory in the lobby restroom has hardware thatrequires tight grasping, pinching, or twisting of the

wrist. Standards SS 4.19.5, 4.27.4.EXHIBIT 1

Page 301-01405



j. The hot water and drain pipes under the lavatory in thelobby restroom are not insulated or otherwiseconfigured to protect against contact. Standards

S 4.19.4.k. The paper towel dispenser in the lobby restroom is too

high. Standards S 4.27.3.l. There is no unobstructed turning space in the bathroom

adjoining the conference room. Standards S 4.23.3.m. The angled support for the lavatory in the bathroom

adjoining the conference room encroaches into the clear

floor space required at the toilet. StandardsS 4.16.2.

n. The grab bars for the toilet in the bathroom adjoining

the conference room are too short. Standards S 4.16.4.o. The lavatory in the bathroom adjoining the conference

room does not provide adequate knee clearance.Standards S 4.19.2.

p. The paper towel dispenser in the bathroom adjoining theconference room is too high. Standards S 4.27.3.

q. There is no seat for the bathtub in the bathroom

adjoining the conference room. Standards S 4.20.3.r. The grab bars in the bathtub in the bathroom adjoining

the conference room are too short. Standards S 4.20.4.s. The controls for the bathtub in the bathroom adjoining

the conference room are improperly located. StandardsS 4.20.5.

t. The bathtub in the bathroom adjoining the conferenceroom does not have a shower spray unit that can be usedboth as a fixed shower head and as a hand-held shower.Standards S 4.20.6.

8. Violations in public and common use rooms and spacesa. There are no visual alarms in several public and common

use rooms and spaces, including the conference room,the lobby restroom, the bathroom adjoining the

EXHIBIT 1Page 4

01-01406



conference room, the vending machine room, and the

hotel laundry room. Standards S 4.28.1.9. Violations with respect to guest rooms generally

a. The guest room number signs do not have raised and

Braille characters, and are not mounted on the walladjacent to the door for each guest room. StandardsSS 4.30.4, 4.30.6.

b. There are an inadequate number of accessible guestrooms. The hotel has 60 guest rooms and suites; theStandards require three accessible guest rooms, and afourth guest room with a roll-in shower. The hotel has

three guest rooms designated accessible; none has aroll-in shower. Standards S 9.1.2.

c. The guest rooms designated accessible are not dispersedamong the various classes of sleeping accommodationsavailable to patrons of the hotel, as specified below.Standards S 9.1.4.i) Each of the three guest rooms designated

accessible has only one bed. The hotel has atleast 34 rooms with two beds, but none of thoserooms is accessible.

ii) The hotel has several suites with whirpool tubs,but none of these suites is accessible.

iii) The hotel has at least three rooms with microwaveovens and refrigerators, but none of these roomsis accessible.

d. The hotel has too few rooms with visual alarms andnotification devices. The Standards require a hotelwith 60 rooms to have seven rooms with visual alarmsand notification devices. The hotel has visual alarmsin three rooms, and does not have any rooms withnotification devices. Standards SS 9.1.2, 9.1.3, 9.3.



e. The doors to the bathrooms in the guest rooms notdesignated accessible are too narrow. StandardsSS 4.13.5, 9.4.

EXHIBIT 1Page 5

01-01407

10. Violations with respect to guest rooms designated accessible

-- Rooms 101, 102, and 116a. The deadbolts on the doors to guest rooms 101, 102, and

116 require tight grasping, pinching, or twisting of

the wrist. Standards S 4.13.9.b. There is no accessible route in guest rooms 101, 102,

and 116, because there is inadequate clear widthbetween the foot of the bed and the credenza opposite.Standards S 9.2.2(2).

c. The operating controls for the lamps and airconditioners in guest rooms 101, 102, and 116 requiretight grasping, pinching, or twisting of the wrist.Standards S 4.27.4.

d. The clothes rods and shelves in guest rooms 101, 102,and 116 are too high, and protrude more than 4" fromthe wall. Standards SS 4.4.1, 4.25.3.

e. The towel racks above the toilets in the bathrooms inguest rooms 101, 102, and 116 do not have adequateclear floor space. Standards S 4.25.2.

f. The toilets in the bathrooms in guest rooms 101, 102,and 116 are not at the correct distance from the sidewalls. Standards S 4.16.2.



g. The grab bars for the toilets in guest rooms 101, 102,and 116 are too short. Standards S 4.16.4.

h. The toilet paper dispensers in the bathrooms in guestrooms 101, 102, and 116 are improperly located.Standards S 4.16.6.

i. The bathtubs in guest rooms 101, 102, and 116 do nothave seats. Standards S 4.20.3.

j. The side grab bars in the bathtubs in guest rooms 101,102, and 116 are too short. Standards S 4.20.4.

k. The controls for the bathtubs in guest rooms 101, 102,and 116 are improperly located. Standards S 4.20.5.

l. The lavatories in guest rooms 101, 102, and 116 haveinadequate knee clearance. Standards S 4.19.2.

EXHIBIT 1

Page 601-01408

EXHIBIT 2Actions to be taken by defendants

Hazard Management Group, Inc., J. Douglas Kidd, and

Napier & Sebastian Construction to remedy failures to complywith the ADA's Standards for Accessible Design

as set out in Exhibit 11. Parking and passenger loading zone violations

a., b. and c. Three accessible parking spaces, includingone van accessible parking space, will beprovided as shown in Drawing 9 attachedhereto.

d. and e. A 60 inch wide access aisle will be provided



under the entry canopy parallel to the frontof the hotel. A ramp providing access fromthe access aisle to the walkway in front of hotel, will be provided as shown in Drawing 9attached hereto.

2. Exterior route violationsa. New built-up curb ramps, complying with the Standards,

shall be provided as shown in Drawing 9 attachedhereto.

b. Fire extinguisher cabinets will either be relocated outof the path of travel, or will be made cane detectable(either by lowering them to a position at which theirbottom edge is no more than 27" above the walkingsurface, or by providing a cane-detectable barrier

below the cabinet). Other objects, such as theelectrical service will be "boxed-out" from the lowestedge downward to a point 27 inches (or lower) from the

walking surface. The modifications will comply withStandards S 4.4.1, Figures 8(a) and (b).

c. Doors to the four electrical, mechanical and storagerooms, both floors, will have the knob changed to alever-operated type in compliance with StandardsS 4.13.9.

d. Maneuvering clearance at Vending Machine Room door will

be increased in accordance with Figure 25 of theStandards by providing additional concrete slab width

of approximately 27 inches.01-01409

3. Violations at exterior stairsa. Handrails at each exterior stair shall be brought into



compliance with the Standards' requirements for mountingheights and horizontal extensions, as shown in Drawings7 and 8 attached hereto.

b. A cane-detectable barrier will be provided under theexterior stairs in accordance with Standards S 4.4.2,as shown in Figure 8(c-1).

4. Entrance and exit violationsa. Both exterior doors to the laundry room will have the

knob changed to a lever-operated type in compliancewith Standards S 4.13.9.

b. The exterior door to the conference room will have theknob changed to a lever-operated type in compliancewith Standards S 4.13.9. The threshold at this doorwill be replaced with one not exceeding one-half inch

high, in compliance with Standards S 4.13.8.5. Front lobby violations

a. Equivalent facilitation at the registration desk willbe provided in conformance with StandardsS 7.2(2)(iii). This added feature will consist of afolding shelf attached to the main desk, at a mountingheight not to exceed 36 inches, on which an individualwith a disability can write.

b. A visual alarm conforming to Standards S 4.28.3 will beincorporated into the alarm system serving the lobby.

6. Interior route violationsa. Gate will be widened to provide 32" clear opening

width, and double-acting hinge will be added, creatinga two-way swing, eliminating the "pull side" with bothsides of the gate becoming a "push side," all of whichis shown in Drawing 5 attached hereto.

EXHIBIT 2Page 2

01-01410



b., c. and d. The doorknobs on these doors will eachbe changed to a lever-operated typecomplying with Standards S 4.13.9.

7. Public and common use toilet room violationa. through k. Because the toilet room adjoining the

conference room also opens onto andserves the lobby, and will be modified

to be fully accessible (see 7.1. throught., below), the existing lobby restroomwill be closed and the fixtures removed.

l. through t. This bathroom will be converted to atoilet room serving both the lobby andthe conference room, as shown inDrawings 5 and 6 attached hereto.

8. Violations in public and common use rooms and spacesa. Visual alarms complying with Standards S 4.28.3 will be

incorporated into the alarm system serving these areas.

9. Violations with respect to guest rooms generallya. All guest room number signs will be supplemented with a

sign incorporating raised and Braille characters in

compliance with the Standards, and will be mounted inthe location and at the height specified by theStandards.

b. Guest room 117 will be converted into an accessibleguest room complying with the requirements of theStandards, as shown in Drawing 1 attached hereto, sothat there will be four accessible guest rooms. Inaddition, in one of the guest rooms currentlydesignated for use by individuals with disabilities,the bathtub unit will be removed and a roll-in shower

complying with the Standards will be installed, asshown in Drawing 2 attached hereto.

c. Accessible guest rooms will be dispersed among thevarious classes of sleeping accommodations as specifiedbelow, so that guests with disabilities will have a

EXHIBIT 2Page 3

01-01411



range of options equivalent to that offered to other

guests of the hotel.i) A second bed will be provided in one of the

accessible guest rooms.ii) Room 117, which is being converted to an

accessible guest room, has and will retain awhirlpool tub.

iii) A microwave oven and refrigerator will be provided

in one of the accessible guest rooms.d. Visual alarms connected to the building alarm system

and complying with Standards SS 4.28.3 and 4.28.4 will

be provided in a total of seven guest rooms, includingthe four accessible guest rooms. Visual notificationdevices as required by Standards S 9.3 will also beprovided for a total of seven guest rooms.

e. All of the guest rooms on the first floor of the hotelshall be modified in one of the ways shown in Drawing 4attached hereto, to provide bathroom doors complyingwith Standards SS 4.13.5 and 9.4.

10. Violations with respect to the guest rooms designated

accessible -- Rooms 101, 102, and 116a. Deadbolts complying with the requirements of the

Standards shall be provided in the accessible guestrooms.

b. The furniture in the accessible guest rooms will bereplaced or repositioned to provide an accessible routewithin the guest rooms complying with the requirementsof the Standards.

c. The on/off switches for the lamps in the accessible



guest rooms will be replaced with rocker or push-buttonswitches complying with the Standards. With respect tothe controls for the heating and air-conditioningunits, the parties hereto will use their best effortsto identify auxiliary controls which may be affixed toor used with the existing units, and which will makethose units operable with one hand, without tight

grasping, pinching, or twisting of the wrist, asEXHIBIT 2

Page 401-01412

required by the Standards. If such auxiliary control

mechanisms are identified, the defendants hereto willprovide them in the accessible guest rooms.

d. Clothes rods and shelves will be lowered, to bring theminto compliance with Standards S 4.25.3. A stub wallwill be constructed next to the shelf unit, effectivelyremoving the shelf unit from being in the path of thewalking surface. These changes are shown in Drawing 3attached hereto.

e. The towel racks above the toilets will be relocated toa bathroom wall with clear floor space in front of the

towel rack of at least 30 inches by 48 inchesconforming to Standards S 4.25.2. Location will bedetermined in the field and will comply with theguidance of Standards Figure 5(a), 6(a), 6(b), or 38.

f. By means of removing or adding furring and drywall asnecessary, the centerlines of the toilets in each of the accessible guest rooms, including guest room 117,will be brought to within one-half inch of 18 inchesfrom the finished surface of the side walls.



g. The grab bars in the accessible guest rooms will bereplaced or otherwise made to comply with therequirements of the Standards, including Figures 29(a)and (b).

h. The location of the toilet paper dispensers in thesebathrooms will be changed to comply with StandardsFigure 29(b).

i. Seats complying with Standards S 4.20.3 shall beprovided for each accessible guest room with a bathtub.

j. The bathtubs in each accessible guest room, includingguest room 117, will be fitted with grab bars at theside, head and foot conforming in length and positionto Standards Figure 34(a).

k. The controls for the bathtubs in each accessible guest

room with a bathtub will be relocated to the positionshown in Standards Figure 34.

l. The lavatories will be remounted or replaced to provide

knee space complying with Standards Figure 31.EXHIBIT 2Page 5

01-01413

(DRAWINGS) CONVERSION OF ROOM 117 TO ACCESSIBLE GUEST ROOM01-01414

(DRAWINGS) CONVERSION OF ROOM 116 TO ACCESSIBLE GUEST ROOMWITH ROLL-IN SHOWER01-01415(DRAWINGS) RECONFIGURATION OF ROOM 101 TO PROVIDE SECONDBED IN ACCESSIBLEGUEST ROOM01-01416(DRAWINGS) 1st FLOOR GUEST ROOM BATH RECONFIGURATION



01-01417(DRAWINGS) 1st FLOOR LOBBY MODIFICATIONS01-01418(DRAWINGS) PUBLIC/LOBBY BATH ROOM RECONFIGURATION01-01419(DRAWINGS) CENTER STAIR HANDRAIL MODIFICATION &RECONFIGURATION

01-01420(DRAWINGS) TYPICAL FRONT & REAR STAIR HANDRAILMODIFICATION01-01421(DRAWINGS) CURB RAMP CONSTRUCTION & HANDICAP PARKINGMODIFICATIONS01-01422

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 the attached Settlement Agreementresolving thiscase 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 theburden and expense of further litigation.

2. The intent of the Americans with Disabilities Act of 1990, asamended, 42 U.S.C.S 12101, et. seq., will be effectuated by entry of the aforementionedSettlement Agreement

3. This Settlement Agreement is intended to and does resolve all



matters in disputebetween the Plaintiff and the named Defendant, Sarp, Ltd. as provided for inthe SettlementAgreement.01-01423

WHEREFORE, the parties jointly request that this Court approve and

enter the attachedAgreement.

Respectfully submitted,Agreed to:For Plaintiff United States of America:

TIM A. BAKERROBERTA 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) 424-757501-01424

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US Department of Justice Civil Rights Division - Letter - diky2