Department of Justice FOR IMMEDIATE RELEASE CR TUESDAY, DECEMBER 6, 1994 (202) 616-2765 TDD (202) 514-1888 DALLAS HOTEL AGREES WITH THE JUSTICE DEPARTMENT TO BECOME ACCESSIBLE TO PEOPLE WITH DISABILITIES WASHINGTON, D.C. -- Business people and vacationers with disabilities will have full access to the facilities in the Dallas Hyatt Regency Hotel under an agreement reached with the Justice Department. The agreement, signed today by Judge Jorge Solis in U.S. District Court in Dallas, resolves a complaint filed with the Justice Department by several children and adults who attended a conference of the Spina Bifida Association of America at the landmark hotel in June 1992. The complainants claimed that the hotel's owners, the Woodbine Development Corporation, and its operators, the Hyatt Corporation, failed to make their facility accessible to individuals with disabilities in violation of the Americans with Disabilities Act (ADA). "We hope other hotels understand the significance of the ADA in the lives of real people," said Assistant Attorney General for Civil Rights Deval L. Patrick. "We are committed to enforcing (MORE) 01-07372 - 2 - the law and hope that hotels and other businesses will voluntarily take steps to make their facilities accessible." Under the agreement the hotel will: * make 28 guest rooms and suites accessible to people with disabilities; * refurbish the hotel's exercise room and health club, and build ramps providing access to the hotel's hot tub and swimming pool; and, * modify drinking fountains and three sets of restrooms on the first three floors of the hotel. The hotel also has agreed to offer 24 people with disabilities who attended the 1992 conference either a return trip to the hotel with their families or $1,500 in damages. Title III of the ADA prohibits discrimination against individuals with disabilities by public accommodations such as hotels. It requires that businesses remove barriers in buildings when it is "readily achievable" to do so. Readily achievable is defined as without much difficulty or expense. ### 94-678 01-07373 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA, CIVIL ACTION Plaintiff V. NO. REUNION HOTEL/TOWER JOINT SECTION VENTURE, WOODBINE DEVELOPMMENT CORP., AND HYATT CORPORATION, Defendants ORDER PERMITTING NON-RESIDENT ATTORNEY TO PARTICIPATE IN TEXAS PROCEEDING WITHOUT ASSOCIATION WITH LOCAL COUNSEL On motion of applicant non-resident attorney Theodore L. White, IT IS ORDERED that non-resident attorney Theodore L. White be granted permission to participate in the captioned Texas proceeding without association with local counsel. Dallas, Texas, this 5th day of December , 1994. (Signature) DISTRICT JUDGE 01-07374 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION THE UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No.: ) REUNION HOTEL/TOWER JOINT ) VENTURE, WOODBINE DEVELOPMENT ) CORP., and HYATT CORPORATION, ) ) Defendants. ) ) CONSENT AGREEMENT AND ORDER A. Introduction 1. Plaintiff, the United States, through the Department of Justice, filed a Complaint to enforce title III of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. SS 12181 through 12189, against Reunion Hotel/Tower Joint Venture, Woodbine Development Corporation, and Hyatt Corporation (sometimes collectively the "Defendants") in the United States District Court, Northern District of Texas, Dallas Division. 2. The United States alleges that architectural barriers prevent or restrict access to the Hyatt Regency Hotel in Dallas, Texas (the "Hotel") by individuals with disabilities, including individuals who use wheelchairs, in that certain features, elements, and spaces of the Hotel are not accessible to or usable by individuals with disabilities, as specified in the Department of Justice's Title III implementing regulation, 28 C.F.R. Part 01-07375 36, and the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"), and that the failure to remove these barriers to access violates Title III of the ADA. 3. The Defendants deny any violation of title III of the ADA by not removing the identified architectural barriers prior to the filing of the united States' Complaint. 4. On March 22, 1994, the parties met in Washington, D.C., to discuss an amicable resolution to this matter. Since that time, the Defendants and the United States have engaged in good faith negotiations in an effort to resolve this dispute expeditiously, without resort to costly and protracted litigation. 5. Resulting from their good faith negotiations, the parties have resolved their differences and have agreed to enter into the instant Consent Agreement to be filed simultaneously with the United States' Complaint. 6. The parties agree that the settlement and resulting Consent Agreement is a compromise of a disputed claim and any payment or action resulting therefrom by the Defendants is not to be construed as an admission of liability on the part of the Defendants. 7. The Defendants have agreed to remove architectural barriers at the Hotel, as specified below, and to offer to pay compensatory damages to certain individuals with disabilities. 2 01-07376 B. Agreement of the Parties The parties agree as follows: 1. This Court has jurisdiction of this action under 42 U.S.C. S 12188(b)(1)(B) and 42 U.S.C. SS 1331 and 1345. 2. The Hyatt Regency Dallas Hotel, 300 Reunion Boulevard, Dallas, Texas, is a privately owned and operated place of lodging with approximately 950 rooms for rent or hire and whose operations affect commerce. 3. Reunion Hotel/Tower Joint Venture and Hyatt Corporation each either owns, leases, leases to, or operates the Hotel, such that each is a public accommodation within the meaning of title III of the ADA. 42 U.S.C. S 12181(7)(A); 28 C.F.R. S 36.104. Woodbine Development Corporation is an asset manager for Reunion Hotel/Tower Joint Venture and does not own, lease, lease to, or operate the Hotel and, therefore, denies it is a place of public accommodation under the Act; however, since it was named in the Complaint, Woodbine Development Corporation agrees to be bound by this consent agreement to facilitate settlement of this matter. 4. By January 1, 1995, the Defendants shall remove each of the barriers to access identified in the Department's Complaint. In particular, the Defendants shall: a. Modify the public use toilet rooms for men and women on the first, second, and third floors of the Hotel, as specified in the architectural drawings attached to this agreement as Attachment "A"; 3 01-07377 b. modify the Hotel's health club as specified in Attachment "A"; c. construct two ramps to provide access to the outdoor decks housing the Hotel's hot tub and swimming pool as specified in Attachment "B"; d. provide drinking fountains that are accessible to individuals with disabilities; and e. modify 28 guest rooms and guest room bathrooms, including one guest suite and guest suite bathroom, as specified in Attachment "A". Except as otherwise specified in Attachment "A", all steps taken to remove barriers under this agreement shall comply with the Standards' requirements for alterations. See 28 C.F.R. SS 36.304(d), 36.402, 36.406, and Standards S 4.1.6. 5. The United States acknowledges that as of the date of this order, the Hotel has complied with all of the Act's requirements relating to the removal of the architectural barriers to access specified in paragraph B.4. 6. Within 60 days of the entry of this order, the Defendants shall notify each of the individuals listed in Attachment "C" that as a result of the terms of this agreement, they are entitled to compensatory damages in the form of either a) for themselves and members of their immediate families, a voucher for a four night stay in an accessible room, subject to availability, at the Hyatt Regency Dallas, and, for any of these individuals who live more than 250 miles from the Hotel, 4 01-07378 reimbursement for actual roundtrip airfare or roundtrip airfare vouchers up to a maximum of $1,500.00 per family, whichever is less, or b) $1,500.00 cash. The notice shall state that each individual has 30 days to elect a remedy, and shall include a form of release for each individual to sign as a condition of receiving compensation. The form of release shall be the form of release attached to this agreement as Attachment "D". At the same time that the Defendants notify the individuals on Attachment "C", the Defendants shall provide a copy of that notice to counsel for the United States. If an individual elects to receive $1,500.00, the defendants shall pay that amount to the individual so electing within 30 days of such election. If an individual elects to receive a voucher for an accessible room at the Hotel, the defendants will tender such voucher to the individual so electing within 30 days of receipt of such election. If the individual resides more than 250 miles from the Hotel, the Defendants will also provide to that individual reimbursement for actual airfare or airfare vouchers up to a maximum of $1,500.00, for airfare for that individual and members of his or her immediate family to and from Dallas. Any vouchers provided pursuant to this agreement shall be redeemable through December 31, 1995. Within 180 days of the date of this order, the defendants shall provide to counsel for the United States an accounting of all payments of money or vouchers pursuant to this paragraph. 5 01-07379 Such accounting shall indicate, for every individual in Attachment "C", to the extent that such individuals have responded to the Defendants' notification, that individual's choice of compensation, the date on which that election was made, and the date on which the Defendants tendered to that individual the form of compensation he or she elected to receive. 7. The United States agrees that acceptance of this settlement by a legal guardian on behalf of a minor complainant shall be just as binding as if the minor had legal capacity to accept this settlement negotiated on his/her behalf by the United States. 8. The parties shall attempt to negotiate a resolution of any dispute relating to the interpretation or implementation of this order before bringing the matter to the Court's attention. 9. The Court shall retain jurisdiction of this action to enforce the provisions of this order for 18 months from its signing, after which time all of its provisions shall be terminated, unless the Court determines it is necessary to extend any of its requirements, in which case those requirements shall be extended. 10. This agreement relates solely to the facts and events alleged in the instant Complaint. This agreement does not remedy, and should not be construed to remedy, any other violations of the ADA or any other federal law. This order does not effect the continuing responsibility of any of the Defendants to comply with all aspects of the ADA. Specifically, this 6 01-07380 agreement does not affect the duties of the Defendants, either jointly or individually, with regard to the alterations and new construction requirements of the ADA, nor with regard to removal of barriers to access in any other facility owned, leased, leased to, or operated by any of the Defendants, or any of them. Nothing herein shall be construed as an admission against the interest of any of the Defendants relating to any other property owned, leased, leased to, or operated by any of the Defendants, either jointly or individually. 11. This instrument (along with Attachments "A", "B", "C", and "D") reflects the entire agreement between the parties, and finally resolves and disposes of all issues, claims, and remedies between the parties arising out of the facts and events alleged in the instant Complaint. C. Conclusion Having reviewed the foregoing, this Court hereby ORDERS that this agreement be made binding on the parties to this matter as if it were an order of this Court. SO ORDERED this 5th day of December , 1994. (Signature) United States District Judge 7 01-07381 Agreed and Consented to: For Plaintiff United States of America: (Signature) L. IRENE BOWEN KATHERINE S. MCGOVERN THOMAS M. CONTOIS Assistant U.S. Attorney North Carolina Bar Number 17787 Texas Bar Number 13638020 Public Access Section 1100 Commerce, Room 300 Civil Rights Division Dallas, Texas 75242 U.S. Department of Justice Telephone: (214) 767-0951 Post Office Box 66738 Washington, D.C. 20035-6738 Telephone: (202) 514-6014 For Defendants Reunion Hotel/Tower Joint Venture and Woodbine Development Corporation: (Signature) ALLAN G. KING Texas Bar Number 11433200 Johnson & Wortley, P.C. 100 Founders Square 900 Jackson Street Dallas, Texas 75202-4499 Telephone: (214) 977-9000 For Defendant Hyatt Corporation: (Signature) THEODORE L. WHITE Louisiana Bar Number 20029 Deutsch, Kerrigan & Stiles 755 Magazine Street New Orleans, Louisiana 70130-3672 Telephone: (504) 581-5141 8 01-07382 ATTACHMENT C 1. Joel Alvarez 3026 Emmett Street Dallas, Texas 75211 2. Howard Ayers 520 Collings Avenue Number B517 Oaklyn, New Jersey 08107 3. Melinda Ayers 520 Collings Avenue Number B517 Oaklyn, New Jersey 08107 4. Matt Digiacomo 4455 Michael Drive, N.W. Canton, Ohio 44718-2729 5. Jeremy Gibbs 829 South Martinson Wichita, Kansas 67213 6. Shaylen Grant 5328 Wheeler Amarillo, Texas 79110 7. Daniel Hornby 5212 East Alhambra Place Tuscon, Arizona 85711 8. Jeremy Hudson 6190 South Rosewood Drive Littleton, Colorado 80121 9. Lisa Jones 5005 Dickson Road Indianapolis, Indiana 46226 10. Sara King 2219 East Maywood Wichita, Kansas 67216 11. Christopher Leach 3868 Danville Court Virginia Beach, Virginia 23456 12. Chrystal Mabe 576 Dodge Road Madison, North Carolina 27025 01-07383 13. Bryan Mayfield 3123 Kinkead Fort Smith, Arkansas 72903-1616 14. Elizabeth Meese 532 Monroe Street Santa Clara, California 95050 15. Amanda Shawn Nelson Route 4 Box 325 Madison, North Carolina 27025 16. Terry Newman 1820 North West 106 Avenue Pembroke Pines, Florida 33026 17. Becky Ogle 5225 Pooks Hill Road #505 North Bethesda, Maryland 20814 18. Brian Pfeffer 725 Featherstone Road #201 Red Wing, Minnesota 55089 19. Brady Sellet 6845 Home City Ave Cincinnati, Ohio 45233 20. Rebecca Shriver 10571 Pineview Circle Keithville, Louisiana 71047 21. Lisa Stasiak 597 Lanyard Drive Redwood City, California 94065 22. Katherine Stevens Post Office Box 425 Graton, California 95444 23. Ralph Sturla 2079 S.W. 72nd Avenue Davie, Florida 33317 24. Cari Waggoner 6832 Whisper Oaks Indianapolis, Indiana 46214 Attachment C Page C-2 01-07384 DEUTSCH, KERRIGAN & STILES THEODORE L. WHITE 755 MAGAZINE STREET ST.TAMMANY OFFICE (504) 593-0604 85 WHISPERING BOL NEW ORLEANS, LA 70130-3672 SLIDELL, LA 70458 TELEPHONE (504) ILLEGIBLE TELEPHONE (504) 581-5141 MAILING ADDRESS FAX-504/566-1201 P.O. BOX 220 SLIDELL, LA 70459 November 18, 1994 FIELD (name) FIELD(address) FIELD(city) ATTACHMENT D Re: Hyatt Regency Dallas/ADA Claim Dear FIELD(salutation): You have been identified by the United States Department of Justice as having responded to its questionnaire regarding accessibility during your stay at the Hyatt Regency Dallas during the Spina Bifida Association of America's Convention in June, 1992. The owners and management company of the Hyatt Regency Dallas ("Hotel") have been working with the Justice Department over the last 18 months to reach an amicable resolution to some complaints of non-accessibility under Title III of the Americans With Disabilities Act of 1990 ("ADA"). As a result of these negotiations, an agreement has been reached whereby the Hotel will remove, by December 31, 1994, a substantial number of architectural barriers at the hotel, including but not limited to: 1) The public use toilet rooms on the first floor of the hotel will be brought into compliance with the ADA's Standards for Accessible Design ("Standards"); 2) The public use toilet rooms on the second floor of the hotel will be brought into compliance with the Standards; 01-07385 DEUTSCH, KERRIGAN & STILES November 18, 1994 Page - 2 - 3) The health club and its associated men's and women's locker rooms will be brought into compliance with the Standards; 4) The public use toilet rooms on the third floor of the hotel will be brought into compliance with the Standards; 5) The spa and swimming pool will be brought into compliance with the Standards via construction of ramps; furthermore, although not required by the Standards, the Hotel will purchase a portable pool lift for use at both the spa and pool; and, 6) The Hotel will bring twenty-eight guest rooms, including one suite, into compliance with the Standards (these twenty-eight rooms are in addition to the fifteen existing rooms currently allocated for the Hotel's disabled guests and, although the fifteen existing "accessible" rooms do not fully comply with the Standards, they afford considerably more accessibility than a standard guest room). The new accessible guest rooms will be located on different floors of the hotel and at least nine of them will include roll-in showers. The compliance work specifically includes bringing the guest room bathrooms in these 28 rooms into compliance with the Standards. The cost to remove the identified architectural barriers is approximately $450,000. As an additional result of the agreement, you may select, although you are not required to, one of the following two options offered to compensate you for any unpleasantness associated with a lack of accessibility at the hotel during your stay. The options are: (a) For you and members of your immediate family, a voucher for a four night stay in an accessible room at the Hyatt Regency Dallas, subject to availability and, if you live more than 250 miles from the hotel, reimbursement for actual airfare or airfare vouchers up to a maximum of $1,500 per family,1 or (b) Payment of $1,500 cash. ______________________ 1 The vouchers will be redeemable through December 31, 1995. 01-07386 November 18, 1994 Page - 3 - If you elect to choose one of the two options, it will be in full payment and satisfaction of any and all claims you have or may have against the owners and/or management company of the Hyatt Regency Dallas for any claim of discrimination arising out of your stay at the Hyatt Regency Dallas during the Spina Bifida Association of America's Convention held there in June, 1992. However, you may be satisfied with the Hotel removing the architectural barriers, and choose to decline taking either option (a) or (b). If you elect option (a) or (b), please execute the enclosed Release of All Claims and return it to me, clearly indicating with a circle which option you have chosen. Your vouchers or money will be sent to you promptly upon our receipt of the executed Release. If you decide to forego both options and accept the removal of architectural barriers in settlement of any claim you have or may have against the Hotel, simply sign this letter (if you are a minor, your parent or guardian must also sign), and return it to me in the self-addressed stamped envelope. You should keep a copy for your files. By accepting option (a) or (b), or by signing and returning this letter, you are stating that you have waived any claim you have or may have relating to any alleged discrimination under Title III of the Americans With Disabilities Act of 1990 occurring during your stay at the Hyatt Regency Dallas while attending the Spina Bifida Association of America's Convention there in June, 1992, and that you have accepted the settlement negotiated on your behalf by the United States Department of Justice to resolve any and all such claims. 01-07387 November 18, 1994 Page - 4 - In any event, if you do not respond to this letter within 30 days of receiving it, it will be deemed that you have waived any personal claim you have or may have and that you specifically decline to participate in any claim asserted by the Justice Department on your behalf relating to any alleged discrimination under Title III of the Americans With Disabilities Act of 1990 occurring during your stay at the Hyatt Regency Dallas while attending the Spina Bifida Association of America's Convention there in June, 1992. We apologize for any inconvenience you may have experienced while staying at the hotel and pledge to you that we are making a substantial effort to improve the accessibility of the Hyatt Regency Dallas. If you have any questions regarding any of the above, you may call me at (800) 467-5141, Ms. Lori Miller, attorney for Hyatt Corporation, collect at (312) 750-8152, or Thomas M. Contois, attorney for the Department of Justice, at (202) 514-6014. Sincerely, Theodore L White, Attorney for Hyatt Corporation (Continued on next page) 01-07388 November 18, 1994 Page - 5 - ACCEPTED BY: DATE: WITNESSED BY: DATE: TLW/kp cc: Lori Miller, Esq. Charles M. Morris, Esq. Thomas M. Contois, Esq. enclosure 01-07389 RELEASE OF ALL CLAIMS For and in consideration of payment to claimant FIELD(1)("claimant") of one of the following: (a) A voucher for a four night stay in an accessible room, subject to availability, at the Hyatt Regency Dallas and, if living more than 250 miles from the hotel, reimbursement for actual airfare or airfare vouchers up to a maximum of $1,500; or (b) $1,500 cash, receipt and sufficiency of which is hereby acknowledged, Claimant does hereby: (A) Release and forever discharge Reunion Hotel/Tower Joint Venture, Woodbine Development Corporation and Hyatt Corporation and their agents, directors, partners, subsidiaries, affiliated companies, employees, officers, managers, assigns, legal representatives and insurers (collectively "Released Parties"), from and against any and all claims, liabilities, damages, and causes of action that Claimant presently has or may have under title III of the Americans with Disabilities Act, 42 U.S.C. sections 12181 through 12189 ("title III of the ADA") against the Released Parties, arising out of Claimant's stay at the Hyatt Regency Dallas during the Spina Bifida Association of American's National Convention in June, 1992, including, but not limited to, any private causes of action, statutory penalties, attorney's fees, interest, costs and expenses; 01-07390 (B) Represents and warrants that no claims, demands, liabilities, rights of action, causes of action, suits, or damages, of any kind or nature under title III of the ADA, arising out of Claimant's stay at Hyatt Regency Dallas during the Spina Bifida Association of America's Convention in June, 1992 have been assigned to any other person or entities; C) Understands and states that Claimant has carefully read the foregoing Release of All Claims, the contents hereof are known and understood, and that the signature(s) herein is/are given as a free act of will; and, (D) States that, in the event Claimant is a minor lacking in legal capacity to execute this document, Claimant's legal guardian, , warrants that he/she has full authority to execute this document on behalf of Claimant and understands and states that he/she has carefully read this Release of All Claims, the contents hereof are known and understood, and that his/her signature herein is given as a free act of will, releasing all claims as specified herein. It is further understood and agreed that this settlement is a compromise of a disputed claim and that payment is not to be construed as any admission of liability on the part of the Released Parties, all of whom expressly deny all liability. This instrument reflects the entire agreement between the parties. 01-07391 IN WITNESS WHEREOF this instrument has been executed this day of , 1994, by Claimant and/or Claimant's legal guardian, FIELD(2) CLAIMANT'S LEGAL GUARDIAN WITNESSES: DATE: NOTARY PUBLIC 01-07392