Department of Justice FOR IMMEDIATE RELEASE -CR TUESDAY, JULY 1, 1997 (202) 616-2777 TDD (202) 514-1888 FLORIDA HOTEL AGREES TO MAKE ITS SERVICES ACCESSIBLE TO PEOPLE WHO ARE DEAF OR HARD OF HEARING WASHINGTON, D.C. -- A Ft. Lauderdale hotel will provide special phones, flashing smoke and fire alarms and television decoders for closed captioning for guests who are deaf or hard of hearing, under an agreement reached today with the Justice Department. Today's settlement with the owners of the Lauderdale Beach Hotel resolves a complaint filed under the Americans with Disabilities Act (ADA) by a deaf couple from Pennsylvania. The agreement sets forth the steps the hotel will take to comply with the law, including providing closed captioning television decoders, telecommunications devices for the deaf (TDDs), and other services. "Deaf and hard-of-hearing guests deserve the same quality of services as other guests," said Isabelle Katz Pinzler, Assistant Attorney General for Civil Rights. "By entering into this agreement, the Lauderdale Beach Hotel has shown that it values all of its guests. We are pleased that the hotel will take these (MORE) 01-04903 -2- steps to ensure equal treatment." According to the couple's complaint, the two planned in April 1996 to stay at the Lauderdale Hotel as part of a cruise package trip. They called in advance to request a TDD and close- captioning decoder. The manager informed them that none of the requested equipment was available, and that he had no idea where to obtain it. The couple had already paid for their room through a travel agency, and could not change hotels. Under today's agreement the hotel will: * purchase 12 TDDs for guests (and an additional TDD to be used at the front desk); * install flashing alarms to alert deaf and hard-of- hearing guests of visitors and phone calls; * install flashing alarms to alert deaf and hard-of- hearing guests of fire and smoke; * provide televisions with decoders for closed caption television broadcasts; * make arrangements, within two hours, to rent or share additional TDDs upon receiving a request by an deaf or hard-of-hearing guest that cannot be met because all units are already in use; and, * pay $5,000 in compensatory damages to the guest. The Department reached a similar agreement today with the Hotel Bel-Air in Los Angeles. Under the Title III of the ADA, which was signed into law July 26, 1990, public accommodations, such as hotels, must provide effective communication for persons with hearing disabilities. This includes the provision of TDDs, televisions (MORE) 01-04904 -3- with captioning and visual alarms. The Justice Department has reached more than 500 settlements under the federal disabilities law. Copies of the settlement may be obtained by calling the ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 -- (TDD). ADA information is also available from the Department of Justice's HomePage on the internet, at: (http://www.usdoj.gov/crt/ada/adahom1.htm). # # # 97-276 01-04905 SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND LAUDERDALE BEACH HOTEL 1. The parties to this Agreement are the United States of America and Commonwealth Real Estate Investors, D.B.A. Lauderdale Beach Hotel. 2. As used herein, "ADA" means the Americans with Disabilities Act, 42 U.S.C.  12101 et seq. (1990), its implementing regulations, and any interpretations of that statute or those regulations issued by the United States. 3. As used herein, "Standards" means the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, Appendix A. 4. As used herein, "Title III" means title III of the ADA, 42 U.S.C.  12181-12189 (1990), its implementing regulation, 28 C.F.R. pt. 36 and appendices, and any interpretations of the statute, regulation, or appendices issued by the United States. 5. Lauderdale Beach Hotel (hereinafter, "LBH"), located at 101 South Atlantic Boulevard in Ft. Lauderdale, Florida, currently has 119 rooms available for rental to transient guests. It is a place of lodging within the meaning of 42 U.S.C.  12181(7)(A) and 28 C.F.R.  36.104, and is thus a place of public accommodation within the meaning of 28 C.F.R.  36.104. Commonwealth Real Estate Investors, is a public accommodation, as it owns, leases, leases to, or operates the hotel within the meaning of 42 U.S.C.  12182(a) and 28 C.F.R. Section 36.201(a). The hotel is located at 101 South Atlantic Boulevard in Ft. Lauderdale, Florida, and is represented in this matter by the law firm of Kalis and Kleiman, P.A., located at 7320 Griffin Road, Suite 109, Davie, Florida. 6. The United States enters into this Agreement pursuant to its statutory authority, under 42 U.S.C.  12188(b) and 28 C.F.R.  36.503, to enforce the ADA. The parties to this Agreement enter into this Settlement Agreement in order to avoid litigation. 7. On or about January 18, 1997, the United States received a complaint from Darrell and Lynn Millsaps, in which they alleged violations of the title III requirements for auxiliary aids. 28 C.F.R. 36.303. In particular, the complainants informed the United States that they are deaf, and that the LBH failed to provide them with appropriate auxiliary aids and services, including TDD's (Telecommunications Devices for the Deaf), visual alarms to alert them to smoke and fire; visual notification devices to alert them of incoming telephone calls 1 01-04906 and a door knock or bell; and television decoders and phone amplifiers. The complainants also alleged that there was no TDD at the LBH front desk. 8. The United States investigated this complaint, pursuant to the authority granted by 42 U.S.C.  12188(b) and 28 C.F.R.  36.502. In the course of this investigation, the United States found violations of title III. 9. LBH denies that it has violated the ADA. However, in order to resolve this matter and avoid litigation, LBH has agreed to take the steps outlined below. ACTIONS TO BE TAKEN BY LBH 10. LBH agrees to ensure that individuals with disabilities are not discriminated against on the basis of disability in the full and equal enjoyment of the offered goods, services, facilities, privileges, advantages, or accommodations, in accordance with 42 U.S.C.  12182 (b)(1)(A)(i), (ii); and 28 C.F.R.  36.202. 11. LBH shall ensure that it will provide auxiliary aids and services, where such aids and services are necessary to ensure that persons with disabilities are not denied services, segregated, or otherwise treated differently than other individuals, as required by 42 U.S.C.  12182 (b)(2)(A)(iii) and 28 C.F.R. 36.303, unless to do so would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered, or would result in an undue burden to LBH. 12. Within 120 days of the execution of this Agreement, LBH shall own and have on-site 12 TDD's, in addition to one permanently-installed TDD at the front desk, 12 flashing alarms to alert deaf guests of visitors to their room or phone calls, and 12 flashing alarms to alert deaf guests of fire or smoke. LBH shall also own and have on-site a minimum of 12 television decoders or televisions with built-in decoders to decode closed caption television broadcasts. 13. LBH agrees that notification devices shall not be connected to auxiliary visual alarm signal devices, that all 12 permanently installed telephones shall have volume controls complying with Section 4.31.5 of the Standards, and that an accessible electrical outlet shall be provided within 4 feet of a telephone connection to facilitate the use of a text telephone. 14. LBH acknowledges that these purchases do not constitute a fundamental alteration or undue burden. In addition, LBH shall make a good-faith effort to make arrangements to rent or share 2 01-04907 additional TDD'S upon request in order to ensure that deaf or hard of hearing guests are not denied services, segregated, or otherwise treated differently than other individuals. Such requests for TDD's must be honored within two hours of receiving the request. LBH recognizes that it is the hotel's responsibility to monitor requests for TDD's to ensure that it has a sufficient supply of such devices. LBH also agrees to acquire additional TDD's if an increase is necessary to meet actual demand. 15. LBH agrees to pay Darrell and Lynn Millsaps $5,000.00 in compensatory damages, within 30 days of the execution of this Agreement. LBH will provide the United States with written notice of the payment within three days of the payment. Such payment shall not constitute an admission of liability to Darrell and Lynn Millsaps. 16. The United States is authorized, pursuant to 42 U.S.C.  12188(b)(1)(B), 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, the United States agrees to refrain from filing a civil suit in this matter. 17. This Agreement is limited to the facts set forth within it, and only addresses alleged violations at the Lauderdale Beach Hotel. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law by Commonwealth Real Estate Investors. This Agreement is limited to the above-referenced violations of the ADA by LBH or by any owners, operators, lessors, and/or lessees of LBH at such location. 18. If the United States demonstrates that LBH has failed to comply with any provision of this Agreement, such failure shall constitute a subsequent violation, within the meaning of 42 U.S.C.  12188(b)(2)(C)(ii) and 28 C.F.R.  36.504(a)(3)(ii), and LBH shall correct this noncompliance and shall be liable to the United States for a civil penalty of no more than $100,000, in addition to any appropriate compensatory damages. 19. Any failure of the United States to enforce any provision herein shall not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement, and invalidation of any particular provision or portion of a provision shall not affect the validity of this Agreement, which shall continue to have full force and effect. 20. In the event that LBH fails to comply in a timely fashion with any requirement of this Agreement without obtaining advance written Agreement with the United States as to a temporary modification of the relevant terms of the Agreement, 3 01-04908 all terms of this Agreement shall become immediately enforceable in any United States District Court. 21. This Agreement is a public document. A copy of this document, or any information contained therein, may be made available to any person. LBH and the United States shall provide a copy of this Agreement to any person or entity upon request. 22. The effective date of this Agreement is the date of the last signature below. 23. This Agreement shall be binding on the United States and on LBH and its successors in interest, and LBH has a duty to so notify all such successors in interest. 24. This Agreement, and any attachments thereto, constitute 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 or either party, that is not contained in this written Agreement, shall be enforceable regarding the matters raised herein. 25. This Agreement is limited to the facts set forth within it. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. 26. Signors of this Agreement on behalf of the parties represent that they are authorized to bind those parties to this Agreement. Signed: For Lauderdale Beach Hotel: (Signed) ____________________________ William B. Strine, Sr. General Partner Commonwealth Real Estate Investors, Inc. For the United States: (Signed) Marc Dubin ___________________________ Date: 7-10-97 Isabelle Katz Pinzler Acting Assistant Attorney General John L. Wodatch Section Chief Renee M. Wohlenhaus 4 01-04909 Acting Deputy Section Chief Marc Dubin Trial Attorney Disability Rights Section Civil Rights Division United States Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 202-307-6075 5 01-04910