BACKGROUND
1. This matter was initiated by a complaint filed under title III of the
Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, with
the United States Department of Justice against the owner and operator of The
Sherwood Inn, located at 26 West Genessee Street in Skaneateles, New York. The
complainant alleged that the parking, entrance, and toilet rooms at The Sherwood
Inn do not comply with title III and its implementing regulation, including the
ADA Standards for Accessible Design (“Standards”), 28 C.F.R. Pt. 36, App. A. The
complaint contained no allegations to the path of travel to or the accessibility
of the guest rooms.
2. The Attorney General is authorized to enforce title III of the ADA by
seeking the removal of barriers to places of public accommodation where such
removal is readily achievable, to make such facilities readily accessible to and
usable by individuals with disabilities. 42 U.S.C. § 12188(a)(2). In addition,
the Attorney General may commence a civil action to enforce title III in any
situation where the Attorney General believes a pattern or practice of
discrimination exists or a matter of general public importance is raised. 42
U.S.C. § 12188(b)(1)(B).
3. The Sherwood Inn is an inn and a restaurant and, as such, is a place of
public accommodation covered by title III of the ADA. 42 U.S.C. §§ 12181(7)(A),
12181(7)(B). William Eberhardt is the current owner of The Sherwood Inn. As the
owner and operator of a place of public accommodation, William Eberhardt is a
public accommodation under title III of the ADA. 28 C.F.R. § 36.104.
4. The Sherwood Inn was constructed before the ADA’s effective date but has
been altered to update its features and in an attempt to make the facility more
accessible to people with disabilities.
5. Mr. Eberhardt agrees to take all of the actions, outlined in this
Settlement Agreement (“Agreement”), to ensure that individuals with
disabilities, including individuals who use wheelchairs, have an opportunity
equal to that of non-disabled individuals to enjoy The Sherwood Inn’s
accommodations. In light of this agreement, The Sherwood Inn and the Department
(together hereinafter referred to as the “Parties”), have agreed that complaint
202-50-55 can be resolved without litigation and have prepared and agreed to the
terms of this Agreement.
6. Unless otherwise indicated, section numbers (§) in the Agreement shall be
understood to be references to sections in the Standards.
7. Unless otherwise indicated in the Agreement, William Eberhardt will take
the actions specified in the Agreement within 90 days of the effective date of
this Agreement.
AGREEMENT
In order to ensure that the following spaces and elements at The Sherwood Inn
are readily accessible to and usable by persons with disabilities, William
Eberhardt will take the following actions:
PARKING
8. The parking lot is not striped and there is no sign designating a space as
van-accessible. Provide at least two clearly designated 96-inch wide parking
spaces each served by access aisles, one access aisle at least 96 inches wide
and one access aisle at least 60 inches wide, located on the shortest accessible
route to the accessible entrance, and designate at least one space as “van-accessible” using a sign mounted below the symbol of accessibility. §§ 4.1.6(1)(b), 4.1.2(5), 4.6.
ACCESSIBLE ENTRANCE
9. Provide accessible signage to indicate the doorbell is to be used before
9:00 AM and after 8:00 PM in order to access the platform lift. §§ 4.1.6(3)(g),
4.11, 4.30.
PRIMARY FUNCTION ROOMS
10. The clothes rod in the coat closet is too high. Provide hooks or a
clothes rod with hangers that is not more than 54 inches above the finished
floor for a side reach or 48 inches above the finished floor for a front reach,
and has a clear floor space of 30 inches by 48 inches. §§ 4.1.6(1)(b), 4.25.3
& fig. 38, 4.2.5, 4.2.6.
11. Doors throughout the restaurant have knob hardware. Provide hardware that
is easy to grasp with one hand and does not require tight grasping, pinching, or
twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are accessible designs. In the alternative,
maintain the policy that the doors throughout the restaurant area are never
closed. § 4.13.9.
WOMEN’S TOILET ROOM
12. The coat hook is located 67 inches above the floor. By June 1, 2004,
provide a hook that is no more than 54 inches above the finished floor for a
side reach or 48 inches above the finished floor for a front reach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
13. The toilet paper dispenser is located above the side grab bar. By June 1,
2004, provide a dispenser so that there is a minimum of 1 ½ inches between the
bottom of the grab bar and the top of the dispenser and the centerline of the
dispenser is no less than 19 inches above the finished floor. §§ 4.1.6(1)(b),
4.16.6 & fig. 29(b).
14. There is an audible alarm in the toilet room, but no visual alarm. By
June 1, 2004, provide a visual alarm in compliance with the Standards. §§ 4.1.6(1)(b), 4.1.3(14), 4.28.
MEN’S TOILET ROOM
15. The hot water and drain pipes beneath the lavatory are not insulated or
otherwise configured to protect against contact. By June 1, 2004, insulate or
otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
16. There is no side grab bar in the stall designated for people with
disabilities. By June 1, 2004, provide a side grab bar so that the end nearest
the back wall begins no more than 12 inches from the wall, it is at least 40
inches long, and the end farthest from the back wall is located at least 52
inches from the back wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig.
30(d), 4.26.
17. There is no rear grab bar in the stall designated for people with
disabilities. By June 1, 2004, provide a rear grab bar that is at least 36
inches long, mounted with the end closest to the side wall no more than 6 inches
from the side wall, 1 1/4 - 1 ½ inches in diameter, and exactly 1 ½ inches from
the wall on which it is mounted, and that otherwise complies with the Standards.
§§ 4.1.6(1)(b), 4.22.4, 4.17.6 & Fig.30(a), 4.26.2.
18. The toilet paper dispenser is located high enough so that it will likely
be above the required side grab bar, once the grab bar is installed in the stall
designated for people with disabilities. By June 1, 2004, provide a dispenser so
that there is a minimum of 1 ½ inches between the bottom of the grab bar and the
top of the dispenser and the centerline of the dispenser is no less than 19
inches above the finished floor. §§ 4.1.6(1)(b), 4.16.6 & fig. 29(b).
19. The toilet flush valve is located on the closed, or narrow, side of the
toilet stall. By June 1, 2004, provide a flush valve control on the open (wide)
side of the toilet stall or install an automatic flush device. §§ 4.1.6(1)(b),
4.22.4, 4.17.2, 4.16.5.
20. The coat hook is located 73 inches above the floor. By June 1, 2004,
provide a hook that is no more than 54 inches above the finished floor for a
side reach or 48 inches above the finished floor for a front reach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
21. There is an audible alarm in the toilet room, but no visual alarm. By
June 1, 2004, provide a visual alarm in compliance with the Standards. §§ 4.1.6(1)(b), 4.1.3(14), 4.28.
RECEPTION DESK
22. The top of the reception desk is 43 inches above the finished floor.
Provide a reception desk that is at least 36 inches wide and no more than 36
inches high; or provide an auxiliary desk with a maximum height of 36 inches; or
provide equivalent facilitation (e.g., by offering reception services at an
accessible location for individuals who use wheelchairs). §§ 4.1.6(1)(b),
7.2(2)(iii).
a. If providing equivalent facilitation, ensure that employees are aware that
they will need to provide these services whenever necessary.
DIRECTIONAL SIGNAGE
23. The accessible entrance is not identified by the International Symbol of
Accessibility. By June 1, 2004, provide identifying signage at the accessible
entrance. §§ 4.1.2(7)(c), 4.30.7(1).
24. No directional signage is present at the inaccessible entrances. By June
1, 2004, provide directional signage at all inaccessible entrances to indicate
the location of the nearest accessible entrance. §§ 4.1.3(8)(d), 4.30.1, 4.30.2,
4.30.3, 4.30.5.
ENFORCEMENT
25. The Department of Justice may review compliance with this Agreement at
any time. If the Department believes that this Agreement or any of its
requirements have been violated, it may institute a civil action in federal
district court to enforce this Agreement or the requirements of title III,
following written notice to William Eberhardt of possible violations and a
period of 30 days in which Mr. Eberhardt has the opportunity to cure the alleged
violations.
26. Failure by the Department to enforce this entire Agreement or any of its
provisions or deadlines shall not be construed as a waiver of the Department’s
right to enforce other deadlines and provisions of this Agreement.
27. This Agreement shall be binding on William Eberhardt and his successors
in interest. Mr. Eberhardt has a duty to notify all such successors in interest
of this Agreement and the duties and responsibilities it imposes.
IMPLEMENTATION
28. Within 120 days after the effective date of this Agreement, William
Eberhardt shall provide the Department with evidence that he has taken the
actions specified in paragraphs 8 - 11 and 22 of this Agreement.
29. By July 1, 2004, William Eberhardt shall provide the Department with
evidence that he has taken the actions specified in paragraphs 12 - 21 and 23 -
24 of this Agreement.
30. This Agreement shall remain in effect for a period of two years from the
date it becomes effective, or until the Department determines that all actions
required by the Agreement have been satisfied, whichever is earlier.
31. This Agreement is a public document. A copy of this document or any
information contained herein shall be made available to any person by William
Eberhardt or the Department upon request.
32. This Agreement constitutes the entire agreement between the Parties on
the matters raised herein, and no other statement, promise, or agreement, either
written or oral, made by either Party or agents of either Party, that is not
contained in this written Agreement, shall be enforceable. In the event a court
of competent jurisdiction concludes that any part of this Agreement is
unenforceable, such portion shall be severed from this Agreement and all other
portions shall remain enforceable.
33. This Agreement is limited to the facts set forth above and does not
purport to remedy any other potential violations of the ADA of any other Federal
law, including the path of travel to and the accessibility of the guest rooms at
this facility. This Agreement does not affect William Eberhardt’s continuing
responsibility to comply with all aspects of title III of the ADA.
34. The date this Agreement becomes effective is the date of the last
signature below.
For The Sherwood Inn:
By: ____________________________
WILLIAM EBERHARDT, President
The Sherwood Inn
26 West Genessee
Street
Skaneateles, New York 13152
Date: ___________________________
For the United States:
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division
By:_____________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
ELIZABETH
BACON, Supervisory Attorney
MICHELE ANTONIO MALLOZZI, Architect
SUSAN G.
QUINN, Investigator
ELIZABETH BRZEZOWSKI, Investigative Assistant
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania
Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530
Date: ______________________________
