- Parties. The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and Boykin Management Company ("Boykin"). Boykin is the owner and operator of the property known as the French Lick Springs Resort, French Lick, Indiana, (the "Resort") that is the subject of this Agreement.
- Nature of Complaint. This matter was initiated by a complaint lodged with the United States concerning the Resort, and by virtue of the Attorney General's authority to initiate compliance reviews to investigate possible violations of the Americans With Disabilities Act ("ADA"). 42 U.S.C. ï½§ 12188(b); 28 C.F.R. ï½§ 36.502. The complaint was investigated by the U.S. Attorney's Office, Southern District of Indiana, under the authority granted by 42 U.S.C. ï½§ 12188(b).
- Applicability of the ADA. The ADA applies to the Resort because it is a place of public accommodation within the meaning of 42 U.S.C. ï½§ 12181(7).
- Purpose of Agreement. The purpose of this Agreement is to resolve certain ADA violations at the Resort, set forth below, identified during the investigation conducted by the U.S. Attorney's Office. Boykin agrees to resolve these violations in a manner that is consistent with Title III of the ADA, 42 U.S.C. ï½§ï½§ 12181-89, and the Title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the Standards for Accessible Design, Appendix A (the "Standards").
- Actions to be Taken. Boykin agrees to take the following actions within the time frames set forth below.
- Within 30 days of the effective date of this Agreement Boykin agrees to:
- provide guest check-in services for disabled guests at the Activities Desk in the Resort lobby. The portion of this desk used for check-in shall be a maximum height of 36 inches, shall be a minimum of 36 inches in length, shall provide knee clearance of at least 27 inches in height and 30 inches in width, shall be on an accessible route, and shall not otherwise create a communications barrier;
- install public telephones in the Resort lobby in compliance with ï½§ 4.31 of the Standards, including at least one text telephone per telephone bank.
- hire an architect and/or engineer to determine whether it would be feasible to: (i)install a ramp, in compliance with ï½§ 4.8 of the Standards, to provide access to the bowling lanes at the Resort; (ii) provide an accessible route to the Resort's outdoor swimming pool other than through the indoor pool enclosure, so that the accessible route remains accessible at all times, regardless of whether the indoor pool is open; (iii) install a lift in compliance with ï½§ 4.11 of the Standards or other suitable device to provide access to the Resort's indoor, elevated whirlpool; (iv) install a lift in compliance with ï½§ 4.11 or other suitable device to permit access to the Resort's outdoor hot tub; (v) modify the restroom and bathroom areas of the spa area to comply with ï½§ï½§ 4.16-4.23 of the Standards, including removing barriers to provide an accessible route to the massage tables and replacing door hardware to comply with ï½§ 4.13.9 of the Standards, including the doors to the sauna and steam rooms; and (vi) modify the existing ramp to the north wing of the Resort so that it complies with ï½§ 4.8 of the Standards, including decreasing the ramp slope to a minimum of 1:12, and installing handrails on both side of the ramp.
The architect and/or engineer that Boykin hires shall complete this feasibility study within 60 days after being hired, and shall provide a complete report of the study to both Boykin and the U.S. Attorney for the Southern District of Indiana. Based upon this feasibility study, and taking into consideration the requirements of the Standards, Boykin and the United States shall, within 30 days after receipt of this study, agree on a schedule for completing items i-vi of this sub-paragraph. If Boykin takes the position that completing any of the foregoing items would result in an undue financial burden, Boykin shall specify these reasons in writing to the United States and shall make complete financial disclosure to the United States. Financial disclosure shall include permitting an auditor chosen by the United States to review and audit Boykin's financial statements and records, to enable the United States to determine whether the proposed modifications would create an undue financial burden on Boykin. Provided, however, that regardless of architectural, engineering, economic, or other claims of infeasibility, Boykin agrees to perform the modifications set forth in sub-paragraphs ii-iv within three years of the effective date of this Agreement.
- Within 60 days of the effective date of this Agreement Boykin agrees to:
- post signage in compliance with ï½§ï½§ 4.1.3 and 4.30 of the Standards indicating the location of accessible paths of travel and services within the Resort, including signage: (i) indicating the location of the Resort's main accessible entrance; and (ii) directing guests/visitors to/from the Resort lobby and all accessible Resort entrances;
- (2) create and/or revise Resort policies and procedures to incorporate policies for: (i) effectively assisting Resort guests and visitors with disabilities; (ii) responding to inquiries concerning the facilities and accessible services the Resort has available to persons with disabilities; (iii) handling of reservations for accessible rooms; (iv) providing auxillary aids to guests/visitors; and (v) the use of service animals. With respect to the aforementioned policy concerning handling reservations for accessible rooms, Boykin shall implement a policy that acccessible rooms shall not be rented to persons without disabilities unless there are no other guest rooms available for rental at the Resort. The policy shall also shall provide that non-disabled guests who are given accessible rooms shall be moved if the accessible room is subsequently needed for a person with a disability and if a vacant room is available;
- provide all disabled guests/visitors with a guide (either upon arrival, or by mail, if so requested) listing the availability and location of all accessible facilities and services at the Resort, which guide shall be available in alternate formats;
- (4) train all Resort employees concerning the general requirements of the ADA, as well as the ADA's specific requirements with respect to making the Resort accessible to guests/visitors with disabilities. This training shall include: (i) a review of the general provisions of the ADA, the Standards, and other applicable regulations; (ii) a review of Resort policies and procedures relating to providing services to Resort guests/visitors with disabilities; (iii) information concerning the existence of and requirements imposed by this Agreement, including providing each employee with a copy of this Agreement; (iv) providing auxillary aids to guests/visitors; and (v) sufficient additional information to ensure that Resort employees are familiar with the services and accessible rooms and facilities provided by the Resort, so that Resort employees can accurately answer questions from guests/visitors and potential guests/visitors concerning accessible facilities and services, and provide meaningful assistance to guests/visitors with disabilities. All employees hired after this initial training is conducted shall receive equivalent training within seven days after beginning their employment, and all Resort employees shall receive refresher ADA training every six months;
- lower and/or modify at least 50% of all public drinking fountains on each floor of the Resort in compliance with ï½§ 4.15 of the Standards. Until such time during this 60-day period as these drinking fountains are lowered and/or modified in compliance with this Agreement, Boykin shall ensure that an adequate supply of paper cups is maintained at any non-complying public drinking fountain for use by disabled guests.
- Within 90 days of the effective date of this Agreement Boykin agrees to:
- modify the main public parking lot at the Resort to provide the required number, size, and designation of accessible parking spaces, including van accessible spaces, in compliance with ï½§ï½§ 4.1.2(5) and 4.6.4 of the Standards;
- change the hardware on all guest room doors and all doors on accessible routes to comply with ï½§ 4.13.9 of the Standards;
- eliminate the bay window wells in the Resort lobby shops, and otherwise eliminate other protruding objects, in compliance with ï½§ 4.4 of the Standards;
- modify two guest rooms, including bathrooms, to be fully accessible in compliance with ï½§ï½§ 4.16, 4.19-4.26, and 9.1 of the Standards. Modifications shall include providing: (i) 36-inch clear maneuvering space along both sides of all beds as required by ï½§ 9.2.2 of the Standards; and (ii) bathrooms with roll-in showers, grab bars, lavatories, and mirrors in compliance with ï½§ï½§ 9.1 and 4.19 of the Standards. Boykin shall modify two additional guest rooms as set forth in this sub-paragraph every calendar year thereafter beginning in 2000 until the Resort has at least nine accessible rooms, of which the first five so modified must have roll-in showers as described in this sub-paragraph;
- modify two guest rooms to be fully accessible to persons with hearing impairments, in compliance with ï½§ï½§ 9.1.3 and 9.3 of the Standards, including providing visual alarms, notification devices, telephones and text telephones, and closed caption televisions as required by ï½§ 9.3 of the Standards. The guest rooms in this sub-paragraph shall be different guest rooms as those modified pursuant to sub-paragraph 5(c)(4) of this Agreement, as required by ï½§ 9.1.3 of the Standards.
- modify the Tennis Center parking lot at the Resort to provide the required number, size, and designation of accessible parking spaces, including van accessible spaces, in compliance with ï½§ï½§ 4.1.2(5) and 4.6 of the Standards; and
- build a ramp to provide access to the Clubhouse entrance in compliance with ï½§ 4.8 of the Standards.
- Within 120 days of the effective date of this Agreement Boykin agrees to:
- modify the two public elevators in the Resort lobby to comply with ï½§ 4.10 of the Standards. These modifications shall include: (i) lowering call buttons to 42 inches above the floor; (ii) ensuring that the call buttons have visual signals; (iii) providing visual and audible signals at each hoistway entrance to indicate which car is answering a call; (iv) ensuring that all floor buttons are no higher than 54 inches above the finish floor for side approach and 48 inches above the floor for front approach; (v) ensuring that floor dimensions comply with ï½§ 4.10.9 of the Standards; (vi) grouping emergency controls at the bottom of the panel so that their centerlines are no less than 35 inches above the finish floor; (vii) installing raised and Braille floor designations on both jambs of the elevator hoistway entrances;
- create an accessible route from the parking lot to the Resort, in compliance with ï½§ 4.3 of the Standards. Any slope greater than 1:20 shall comply with the ramping requirements of ï½§ 4.8 of the Standards. In furtherance of this requirement, the ramp from the Resort's main parking lot to the Resort's main entrance shall be modified to include handrails on both sides and, if necessary, shall be modified so that the slope does not exceed 1:12.
- modify the Resort's main accessible entrance and door hardware for meeting rooms and other public facility rooms throughout the Resort so that: (i) the doors have a minimum clear opening of 32 inches with the door open 90 degrees; (ii) the hardware on the doors complies with ï½§ 4.13.9 of the Standards; (ii) the double doors inside the accessible front entrance remain open at all times; and (iv) the entrance otherwise complies with ï½§ 4.13 of the Standards. Additionally, the resort shall provide staff to assist persons with disabilities to access public area rooms until such time as the replacement of door hardware is completed as set forth in this Agreement;
- provide at least one accessible route connecting all public buildings and facilities at the Resort, as required by ï½§ 4.3.2 of the Standards, including the Tennis Center, bicycle rental, recreation area, and Exhibit Hall.
- Within 180 days of the effective date of this Agreement Boykin agrees to:
- make the following changes to the Tennis Center: (i) eliminate the double doors to the entrance of the Tennis Center so that the entrance complies with the clear width requirements of ï½§ 4.13.5 of the Standards; (ii) modify the restrooms to comply with ï½§ï½§ 4.16-4.19 of the Standards; (iii) construct a ramp from the Tennis Center to the outdoor tennis courts that complies with ï½§ 4.8 of the Standards.
- modify public restrooms in compliance with ï½§ï½§ 4.16-4.19 of the Standards. As part of these modifications, Boykin shall: (i) ensure that the size, arrangement and number of toilet stalls complies with ï½§ 4.17.3 of the Standards; (ii) install grab bars in compliance with ï½§ 4.17.6 of the Standards; (iii) provide clear widths in compliance with ï½§ 4.13 of the Standards; (iv) eliminate doors in series unless the minimum space between the doors is at least 48 inches and otherwise complies with ï½§ 4.13.7 of the Standards; (v) replace door hardware in compliance with ï½§ 4.13.9 of the Standards; (vi) insulate pipes under lavatories in compliance with ï½§ 4.19.4 of the Standards; (vii) ensure that height clearances comply with ï½§ 4.19.2 of the Standards; (viii) lower bathroom mirrors so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor, in compliance with ï½§ 4.19.6 of the Standards; (ix) install flush controls and faucets in compliance with ï½§ 4.27.4 of the Standards; and (x) install appropriate signage in compliance with ï½§ 4.30 of the Standards. Where there is more than one set of public restrooms within 75 feet of each other on the same floor, only one set of the public restrooms need to be brought into full compliance, provided that appropriate signage to such accessible public restroom facilities shall be provided.
- Future Alterations. Boykin agrees that all future alterations undertaken at the Resort shall comply with Title III of the ADA, 42 U.S.C. ï½§ï½§ 12181-89, and the Title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the Standards.
- Interim Access. Pending the completion of all steps required by this Agreement, Boykin agrees, upon request by guests/visitors, to provide all necessary personnel to assist guests/visitors with disabilities in gaining access to areas of the Resort which are targeted for compliance action, but where such action has not yet been completed.
- Progress Report/Inspections. Every 90 days following the effective date of this Agreement, Boykin will submit a progress report to the United States Attorney detailing the actions taken to comply with this Agreement within the previous 90-day period, including the physical modifictions undertaken and/or completed, and the names and dates of all employees who received training required by this Agreement during the 90-day reporting period, as well as any training materials provided to the employees. These reports shall continue until all action required to be taken by this Agreement are continued. In addition, Boykin shall permit representatives of the Department of Justice to physically inspect the Resort and interview Resort employees, all of which may be done without notice to Boykin.
- Damages, Civil Penalties, and Other Relief. Boykin agrees to pay: (1) monetary damages of $5,000 to complainant Kathleen Bruvold; and (2) a civil penalty of $5,000 to the United States to vindicate the public interest. The foregoing monetary damages and civil penalties shall be paid to the U.S. Attorney for the Southern District of Indiana by Boykin within 30 days after the effective date of this Agreement in separate checks. One check shall be in the amount of $5,000, payable to Kathleen Bruvold. The other check shall be in the amount of $5,000, payable to the United States Department of Justice. In addition, Boykin agrees that within 30 days after the effective date of this Agreement it shall provide to the U.S. Attorney for the Southern District of Indiana: (1) a certificate, coupon or other authorization, giving Kathleen Bruvold and a guest three nights' free lodging at the Resort, to be used by Bruvold at any time of her choosing; (2) a letter of apology concerning the events surrounding Bruvold's stay at the Resort.
- Agreement not to Sue. Provided that Boykin fully complies with all terms of this Agreement, the United States will not bring a civil action to enforce the ADA as it relates to any alleged violations specifically addressed in paragraph 5 of this Agreement. However, this shall not limit the United States' ability to enforce this Agreement as set forth in paragraph 11 of this Agreement. Nor does this Agreement prevent the United States from investigating and/or pursuing other potential ADA violations that may involve the Resort or Boykin. Nor does this Agreement otherwise relieve the Resort or Boykin from fully complying with the ADA.
- Enforcement. If the United States believes that this Agreement or any requirement in this Agreement has been violated, it may institute a civil action in the Southern District of Indiana or any other appropriate court to enforce the terms of this Agreement and seek other relief, including monetary penalties provided by 42 U.S.C. ï½§ 12188(b)(2).
- Successors in Interest. In the event that Boykin transfers, sells, assigns, or otherwise releases its interest in some or all of the Resort, Boykin shall notify the successor in interest of the existence of this Agreement prior to any transfer of ownership, and this Agreement shall be binding on all subsequent successors, assigns, owners, and/or operators of the Resort.
- Non-Waiver. Failure by the United States to enforce any provision(s) of this Agreement shall not be construed as a waiver of its right to do so with regard to any other provision(s) of this Agreement.
- Entire Agreement. This Agreement sets forth the complete agreement between the parties. In entering into this Agreement, neither the United States nor Boykin relies on any representation or statement not set forth herein.
- Authority to Bind. A signer of this document in a representative capacity for a partnership, limited partnership, corporation, or other entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.
- Effective Date. The effective date of this Agreement is the date of the last signature below.
For the United States:
Judith A. Stewart
United States Attorney
Tim A. Baker
Assistant United States Attorney
(Name/title typed or printed)