FOR IMMEDIATE RELEASE CR THURSDAY, JUNE 26, 1997 (202) 616-2765 TDD (202) 514-1888 COURT APPROVES AGREEMENT BETWEEN JUSTICE DEPARTMENT AND SOUTH DAKOTA DAYS INN HOTEL WASHINGTON, D.C. -- The owners, architect, and contractor of the Days Inn hotel in Wall, South Dakota, will take steps to make the hotel more accessible to guests with disabilities under an agreement reached with the Justice Department. The settlement, filed June 5 in U.S. District Court in South Dakota, resolves the February 1996 suit which charged that the hotel had not been built according to architectural guidelines set forth under the Americans with Disabilities Act (ADA). This case, filed together with similar suits against four other Days Inn hotels, was the first to be filed by the Justice Department challenging the construction and design of a building built after the landmark disabilities law went into effect. The five suits alleged Days Inn of America, Inc., its parent company HFS Incorporated and the owners, architects, and contractors of each of five individual hotels in Wall, South Dakota; Willows, California; Champaign, Illinois; Evansville, Indiana; and Hazard, Kentucky; violated the ADA, which requires parties that "design and construct" new buildings to comply with specific architectural standards ensuring that persons with disabilities can gain access to hotels. "Parties involved in designing and constructing a building that does not comply with ADA standards for accessibility should only naturally participate in the remedy," said Isabelle Katz Pinzler, Acting Assistant Attorney General for Civil Rights who applauded the cooperation of the parties agreeing to correct ADA violations at the hotels. Under this recent settlement, the owners, architect, and contractor of the Wall hotel have agreed to: * provide parking that is accessible to persons using wheelchairs; * provide a path that is accessible from the parking area through the entrance of the hotel and public areas to guest rooms, including providing accessible toilet rooms in the public areas; * provide a choice in room type among accessible rooms for guests with disabilities; and, * provide accessible guest rooms which include accessible bathrooms. Days Inns of America, Inc. and HFS Incorporated have refused to join in the consent order. That portion of the litigation is ongoing. In addition to the South Dakota agreement, the Justice Department earlier reached agreements to resolve the lawsuits against the owners, architects, and contractors in lawsuits in Willows, California; Champaign, Illinois; and Hazard, Kentucky. Litigation is ongoing in the Evansville, Indiana case. Today's agreement stems from an 18-month Justice Department investigation of 28 newly-built Days Inn hotels which revealed that all 28 hotels failed to comply with the ADA. The Justice Department immediately engaged in settlement negotiations with the parties that designed and constructed the hotels and reached settlements quickly in many cases. In addition to the five matters filed in federal court, the Department has reached agreements with the owners, architects, and contractors of Days Inn hotels in Fort Stockton, Texas; Elberton, Georgia; and Johnson Creek, Wisconsin. While Days Inn hotels are not all identical, the Justice Department investigation discovered similar problems throughout the chain. These included, among other things, the lack of accessible parking, entrances, and bathrooms. The Justice Department also found that guest rooms lacked sufficient space for wheelchairs, visual alarms for people who are deaf or hard of hearing, and accessible mechanical switches for things such as air conditioner controls, lamps, and security latches. The ADA, passed in July 1990, prohibits discrimination against persons with disabilities. Title III of the Act requires that those building and designing public accommodations, including hotels and motels, built after January 1993, comply with certain architectural guidelines known as the ADA's Standards for Accessible Design. The act also requires that those who own, operate, or lease public accommodations take steps to make their facilities accessible to people with disabilities. The statute authorizes the Attorney General to seek a civil penalty of up to $50,000 for the first offense. Days Inn of America and HFS are included in the litigation because they participate in the design of each hotel by providing prototype plans, imposing detailed design requirements on all Days Inn hotels, reviewing and approving the architectural plans for every hotel prior to construction, and inspecting and approving completed facilities prior to their opening. The Justice Department has engaged in an extensive nationwide education campaign to inform Americans about their rights and obligations under the law. Since the law went into effect, the Department has reached out to builders, architects, and hotel and motel operators to make certain they know about the law. As part of its public education campaign, the Justice Department has created a public service announcement advertising a toll-free ADA hotline and established an ADA home page on the World Wide Web. The ADA hotline number is 1-800-514-0301 or (TDD) 1-800-514-0383 and the home page address is http://www.usdoj.gov/crt/ada/adahom1.htm # # # 97-266