SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE OWNERS AND OPERATORS OF THE COMFORT INN LAKE BUENA VISTA, FLORIDA, FOR THE COMPLAINT DJ XXXX I BACKGROUND 1. This matter was initiated by a complaint filed by XXXXX on behalf of herself and her husband, XXXXXXX both of whom use wheelchairs, with the United States Department of Justice ("the Department") against the owners and operators of the Comfort Inn Lake Buena Vista (the "Hotel"). The Hotel is a 640-room lodging facility with a restaurant, two swimming pools, and other amenities. The complaint was investigated by the Disability Rights Section of the Civil Rights Division of the Department of Justice, under the authority granted by section 308(B) of the Americans with Disabilities Act ("ADA"), 42 U.S.C.  12188 et seq. The complaint alleges that the Hotel failed to remove architectural barriers where such removal was readily achievable. The ADA requires owners and operators of existing places of public accommodation, such as the Hotel, to remove barriers to access to the extent that it is readily achievable to do so. 42 U.S.C.  12182(b)(2)(A)(iv); 28 C.F.R.  36.304. 2. The parties to this settlement agreement are the United States of America and TAMAR INNS, INC., the owners and operators of the Hotel. 3. The ADA applies to the owners and operators of the Hotel because they operate a place of lodging, as defined in section 301(7)(A) of the ADA, 42 U.S.C.  12181, and section 36.104 of the Department's implementing regulation, 28 C.F.R.  36.104. 4. In order to resolve this matter without resort to litigation, the parties have entered this settlement agreement. The parties acknowledge that this is a compromise of a disputed claim, and that this Settlement Agreement shall not be construed as an admission of liability. 1 01-04822 5. The subject of this settlement agreement is the removal of architectural barriers from the hotel. The Hotel agrees to complete such barrier removal in a manner that is consistent with title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.  12181- 89, and the Department's title III regulation, 28 C.F.R. pt. 36, including the Standards for Accessible Design, Appendix A ("the Standards"). II ACTIONS TO BE TAKEN 6. The owners and operators of the Hotel agree that, by December 1, 1996, except where specifically noted, they will, by making the changes stated in paragraphs 7 through 19 below, complete the readily achievable removal of barriers to accessibility at the Hotel. 7. Parking a. One in every eight designated accessible parking spaces shall be designated "van accessible" and shall have proper signage, consistent with the Standards,  4.1.2 (5)(b), 4.6. b. The access aisles of the designated accessible parking spaces will be demarcated, consistent with the Standards,  4.6.3. c. All of the designated accessible parking spaces will connect directly to an accessible route, consistent with the Standards,  4.1.2(1), 4.6.3, 4.3. d. The signage reserving each of the designated accessible parking spaces will be located so it can not be obscured by a parked vehicle, consistent with the Standards,  4.6.4. 8. Curb Ramps a. The pavement in front of the curb ramp located at the right side of the designated accessible parking at Building 2000 will be demarcated so that it may not be obstructed by parked vehicles, and the slope of this ramp will not exceed 1:12, consistent with the Standards,  4.7.2, 4.8.2, 4.7.8. 2 01-04823 b. The pavement in front of the curb ramp located at Building 3000 will be demarcated so that it may not be obstructed by parked vehicles. The slope of this ramp will not exceed 1:12, consistent with the Standards,  4.7.2, 4.8.2, 4.7.8. c. The pavement in front of the curb ramp located at Building 4000 will be demarcated so that it may not be obstructed by parked vehicles, and the slope of this ramp will not exceed 1:12, consistent with Standards,  4.7.2, 4.8.2, 4.7.8. 9. Designated Exterior Accessible Route a. The emergency lights along the circulation path adjacent to the guest room entrances will be replaced so that their leading edges and projection into the circulation path do not impair accessibility, consistent with the Standards,  4.1.2(3), 4.4.1. b. The cross slope of the exterior route designated accessible (the sidewalk behind the main lobby building which leads to each room building and pool area) will be modified so as not to exceed 1:50, consistent with the Standards,  4.3.7. c. The vertical change in level from the wood walkway to the concrete walkway behind the lobby building will be modified so as not to exceed 1/2 inch, consistent with the Standards,  4.3.8, 4.5.2. (This may be done by either modifying the walkway to provide a slope not to exceed 1:20 or by providing a ramp.) 10. Passenger Loading Zone a. A sign displaying the International Symbol of Accessibility will be provided, consistent with the Standards  4.1.2(7)(b), 4.30.7. 11. Outdoor Pool at Buildings 1000 and 2000 a. The Hotel will provide a lift to enable individuals with mobility impairments to use the pool. b. The ground area within the required maneuvering clearance of the gate from Building 2000 will be made level, consistent with the Standards,  4.1.3(7), 4.13.3, 4.13.6. 3 01-04824 c. The forward pull approach maneuvering clearance for the gate from Building 1000 will be modified to be no less than 18 inches, consistent with the Standards,  4.13.3, 4.13.6. d. The forward push approach maneuvering clearance for the gate from Building 1000 will be modified to be no less than 12 inches, consistent with the Standards,  4.13.3, 4.13.6. 12. Outdoor Pool at Buildings 3000 and 4000 a. See 12(a) above; the same modifications are to be made to this pool. b. The forward push approach maneuvering clearance for all three gates will be modified to be consistent with the Standards,  4.13.3, 4.13.6. c. The bottom of the pull chain that operates the shower will be modified to be no higher than 54 inches above the ground for a side reach, consistent with the Standards,  4.27.3, 4.2.6. d. The pull chain that operates the shower will be modified or replaced so that it does not require tight grasping to operate, consistent with the Standards,  4.27.4. e. Drinking Fountain: i. The drinking fountain will be made accessible for wheelchair users and for those with difficulty bending or stooping, consistent with the Standards,  4.1.3(10)(a), 4.15.1. (This may be achieved by any appropriate means that would achieve the required accessibility, including the provision of paper cups.) ii. The drinking fountain will be replaced, or the surrounding area modified, so that the drinking fountain does not protrude into the circulation path, consistent with the Standards,  4.1.2(3), 4.4.1. 13. Lobby a. Exit signs will be provided which are consistent with the Standards,  4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, and 4.30.6. 4 01-04825 b. Exterior Building Mounted Night Telephone (outside of Lobby): i. The clear floor space will be unobstructed, consistent with the Standards,  4.1.3(17)(a), 4.31.2, 4.2.4. ii. The highest operable part of the telephone will be no higher than 54 inches above the ground for a side reach, consistent with the Standards,  4.31.3, 4.2.6. iii. The telephone will be equipped with volume controls, consistent with the Standards,  4.1.3(17)(b). c. The counter, or area under the house phone, will be modified so that the counter does not protrude into the circulation path of the lobby, consistent with the Standards,  4.1.3(2), 4.4.1. d. The wall sconce light fixtures will be moved or modified so that they do not protrude into the circulation path of the lobby, consistent with the Standards,  4.1.3(2), 4.4.1. e. Drinking Fountain: i. See 6(e) above; same modifications to be made to this drinking fountain. ii. The clear knee space between the bottom of the apron and the floor will be no less than 27 inches high and no less than 30 inches wide, consistent with the Standards,  4.15.5(1). f. The "Sprint Foncard" machine will be relocated so that its highest operable part is no higher than 54 inches above the finished floor for a side reach, consistent with the Standards,  4.2.6. g. The lobby house telephone will be equipped with volume controls, consistent with the Standards,  4.1.3(17)(b). h. Men's and Women's Toilet Rooms: i. The signs will be mounted on the wall adjacent to the latch side of the door, consistent with the Standards, S 4.30.6. 5 01-04826 ii. The signs will be mounted with their centerline 60 inches above the finished floor, consistent with the Standards,  4.30.6. 14. Lobby Restrooms a. The toilet partition door will have hardware which is easy to grasp with one hand and does not require tight grasping, pinching or twisting of the wrist to operate, consistent with the Standards,  4.17.5, 4.13.9. b. The toilet flush valves will be remounted on the wide side of the toilet areas no more than 44 above the floor, or automatic flush devices will be added to the accessible stalls, consistent with the Standards,  4.16.5. c. The accessible lavatories in the men's and women's restrooms will be modified to ensure that: i. The toe clearance at the lavatory is no less than 9 inches, consistent with the Standards,  4.19.2, Fig 31. ii. There is an accessible mirror in the room and the bottom of the reflecting surface is mounted no higher than 40 inches above the finished floor, consistent with the Standards,  4.19.6 d. The accessible urinal will be modified to ensure that: i. The rim mounting height is no higher than 17 inches, consistent with the Standards,  4.18.2. ii. The flush valve mounting height is no higher than 44 inches, consistent with the Standards,  4.18.4. e. The napkin dispenser will be remounted at a maximum height of 54 inches to permit a side approach, consistent with the Standards,  4.27.3. 4.2.6 f. The fire alarm will be both horn and strobe, and will be mounted at a height which is consistent with the Standards,  4.28. 6 01-04827 g. The infant changing table will be relocated to allow a 42 inch minimum latch approach to the accessible toilet stall door, and the changing table will be mounted at an accessible height, consistent with the Standards,  4.17.3, 4.17.5, Fig. 30(a), 4.27. 15. Restaurant a. Prior to July 1, 1997, the cash register counter will be modified or replaced so that it is no higher than 36 inches above the finished floor, consistent with the Standards,  7.2(1). 16. Lounge a. The fire extinguisher will be moved to a location where it does not protrude into the circulation path, consistent with the Standards,  4.1.3(2), 4.4.1. 17. Elevators to the Guest Rooms a. At each elevator bank, at least one accessible elevator will be provided, consistent with the Standards,  4.1.3(5), 4.10. Plans for an accessible elevator will be submitted to the Department of Justice as soon as possible but not later than July 1, 1996. Within twenty-one days of receiving these plans, the Department will review them and advise the Hotel of any changes necessary to ensure that the accessible elevator is consistent with the ADA's Standards; the Hotel will make all necessary changes. 18. Designated Accessible Rooms a. Nineteen fully accessible rooms, complying with Standards  9.2 and 9.3, will be provided; six of these rooms will have roll-in showers complying with Fig. 57a or b. In addition to the nineteen rooms, thirteen rooms complying only with Standards  9.3 will be provided for persons with hearing impairments. Both types of accessible rooms will be dispersed amoung all "classes of sleeping accommodations", including, but not limited to: cost, bed sizes, room amenities, smoking and non-smoking rooms. Standards  9.1.2, 9.1.3, 9.1.4, 9.2.2(8). Plans for the accessible rooms will be submitted to the Department of Justice by September 20, 1996. All of the accessible rooms, other than the rooms with roll-in showers, will have two double beds. Because of size limitations, the accessible rooms with roll-in showers will have one 7 01-04828 double bed and one twin bed. Also, because of size limitations, the accessible rooms will not have writing tables, unless an individual, who has been advised by the Hotel of the room size limitations, specifically requests that a writing table be temporarily placed in an accessible room. Within 21 days of receiving these plans, the Department will review them and advise the Hotel of any changes necessary to ensure that accessible rooms are consistent with the ADA's Standards; the Hotel will make all necessary changes. 19. Repair of Existing Rooms Designated Accessible The Hotel will repair its recently modified Hotel rooms, which it has designated accessible -- rooms 1123, 1127, 1131, 1135 -- to make those rooms consistent with the Standards. These four rooms are included in the total number of Designated Accessible Rooms provided for in paragraph 19. a. Room identification signs will be mounted so that the centerline is 60 inches above the ground, consistent with the Standards, S 4.30.6. b. Room Entry Door: i. The thresholds will beveled no more than 1:2, consistent with the Standards,  4.13.8. ii. The door hardware will be changed so that it is operable without tight grasping, pinching, or twisting of the wrist, consistent with the Standards,  4.13.9. iii. The interior door chain hold will be remounted to be no higher than 48 inches for a front approach, and 54 inches for a side approach, consistent with the Standards, 4.2.5, 4.2.6. c. The clear floor space at the safe will not be blocked, consistent with the Standards,  4.25.2, 4.2.4. d. The clothes rod will be moved so that the forward pull approach maneuvering clearance for the toilet room door is no less than 18 inches, consistent with the Standards,  4.13.6. 8 01-04829 e. Bathroom: i. The toilet will be relocated so that the grab bar will be 36 inches long, consistent with the Standards,  4.16.4. ii. The space between the side grab bar and the wall will be 1 1/2 inches, consistent with the Standards,  4.26.2. iii. The toilet will be relocated so that the centerline is 18 inches from the nearest wall, consistent with the Standards,  4.23.4, 4.16.2, Fig. 28. iv. A toilet paper dispenser will be mounted not more than 36 inches from the back wall, consistent with the Standards,  4.16.6. v. The lavatory will be relocated so that the clearance at the apron is at least 29 inches, consistent with the Standards,  4.23.6, 4.19.2. vi. The hot water pipe will be insulated, consistent with the Standards,  4.19.4. ] vii. A towel rack will be mounted at no more than 48 inches above the floor for forward reach, or 54 inches above the floor for a side reach, consistent with the Standards,  4.25.3. vii. A grab bar will be provided on the control wall of the roll-in shower, consistent with the Standards,  9.1.2 and Figure 57b. ix. A folding seat will be provided in the roll-in shower, consistent with the Standards,  4.21.3. 9 01-04830 Implementation and Enforcement of the Settlement Agreement 20. The Attorney General is authorized, pursuant to section 308(b)(1)(B) of the ADA, to bring a civil action under title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this agreement as set forth above, the Attorney General agrees to refrain from filing civil suit under title III in this matter. 21. Not later than thirty (30) days after all items described in paragraphs 7 through 19 of this agreement have been completed, the Hotel shall provide to counsel for the United States a written report on the status of its compliance with this agreement. The report shall describe all changes which have been made to the Hotel pursuant to the agreement and contain photographs of the accessible rooms and other features of the Hotel affected by this agreement. If any steps have not been completed, the report shall so indicate and explain why such steps have not been completed. Sixty (60) days after the hotel has completed all aspects of this agreement, and has provided to the United States a written report of compliance and photographs, this agreement will terminate, unless, prior to the expiration of sixty (60) days, the United States has advised the Hotel, in writing, that the Hotel has failed to ensure that all of the terms of this agreement have been satisfied. 22. The parties will negotiate in good faith to resolve any dispute relating to the interpretation or implementation of this agreement. 23. The Department may review compliance with this agreement during normal business hours upon giving the Hotel advance notice of its intent to conduct an on-site inspection. If the Department believes that this agreement or any requirement thereof has been violated, it may institute a civil action in the appropriate United States District Court to enforce the terms of this agreement. Prior to instituting a civil action, the United States will provide written notice to the Hotel of any failures to comply with this agreement and will attempt in good faith to resolve the disputed issues. 24. Failure by the Department to enforce this entire agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this agreement. 25. This document is a public agreement. A copy of this document, or any information concerning its contents, may be made available to any person. 10 01-04831 26. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on all of the Hotel's successors in interest, and respondents have a duty to so notify all such successors in interest. 11 01-04832 27. A signer of this document in a representative capacity for a partnership, corporation, or other entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this agreement. 28. 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. This agreement is limited to the facts set forth in above, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. This agreement does not affect the respondents' continuing responsibility to comply with all aspects of the Americans with Disabilities Act. For the Owners and Operators For the United States: of The Comfort Inn Lake Buena Florida: (Signature) (Signature) Alyse Bass _________________________ ___________________________ Bradford W. Coupe Deval Patrick Attorney Assistant Attorney General Morgan, Lewis & Bockius LLP 101 Park Avenue John L. Wodatch New York, New York 10178 L. Irene Bowen (212) 309 6000 Alyse S. Bass Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 616-9511 Date 8/27/96 Date September 12, 1996 12 01-04833