Settlement Agreement Between The United States Of America And A & M Investments, Owner/operator Of Natural Bridge Of Virginia Under The American With Disabilities Act

IN DEPARTMENT OF JUSTICE COMPLAINT 202-79-56

BACKGROUND

1. This matter was initiated by a complaint filed under title III of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (“the Department”) against the owner and operator of the Natural Bridge of Virginia located in Natural Bridge, Virginia. The complainant alleged that the Natural Bridge Inn and Conference Center (“Hotel”) guestrooms do not comply with title III and its implementing regulation, including the ADA Standards for Accessible Design (“Standards”), 28 C.F.R. Pt.36, App.A. The Department’s investigation of the complaint has confirmed these allegations. The investigation was expanded to encompass other facilities at the Natural Bridge of Virginia including the Natural Bridge Gift Shop and Bridge Entrance building, the Wax Museum, and the Stonewall Inn.

2. The Attorney General is authorized to enforce title III of the ADA by seeking modifications to places of public accommodations to make such facilities readily accessible to and usable by individuals with disabilities. 42 U.S.C. § 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. Id. at §12188(b)(1)(B).

3. The Natural Bridge of Virginia is a place of lodging, place of recreation, sales establishment, and place of public display and as such is a place of public accommodation under title III of the ADA. 42 U.S.C. § 12181(7); 28 C.F.R. § 36.104. A & M Investments is the current owner and operator of the Natural Bridge Inn and Conference Center, the Natural Bridge Entrance and Gift Shop building, and the Stonewall Inn.
A & M Investments is the lessor for the Wax Museum.

4. As the owner and operator of a place of public accommodation, A & M Investments is a public accommodation covered by title III of the ADA. 28 C.F.R. § 36.104. The Natural Bridge Inn and Conference Center, the Stonewall Inn and the Wax Museum were constructed before the ADA’s effective date and have not been altered except in an attempt to the make the facilities and services accessible to persons with disabilities. The Natural Bridge Entrance & Gift Shop building has been completely altered within the meaning of the title III regulation, 28 C.F.R, § 36.402.

5. A & M Investments agrees to undertake barrier removal, as outlined in this Settlement Agreement (“Agreement”), to ensure that individuals with disabilities, including individuals who use wheelchairs, have an opportunity equal to that of non-disabled individuals to enjoy the Natural Bridge of Virginia’s accommodations. In light of this Agreement, A & M Investments and the Department (together hereinafter referred to as the “Parties”), have agreed that the complaint 202-79-56 can be resolved without litigation and have prepared and agreed to the terms of this Agreement.

6. The Parties agree that the technical requirements and, where appropriate, the scoping of the ADA Standards for Accessible Design, shall be used as a guide for determining whether an existing facility is readily accessible to and usable by persons with disabilities. Unless otherwise indicated, section numbers ( §) in the Agreement shall be understood to be references to sections of the Standards.

AGREEMENT

Altered Facilities: In order to ensure that the following spaces and elements in facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, A & M Investments will take the following actions:

Natural Bridge Gift Shop and Bridge Entrance Building

Within one year of the effective date of this agreement, A & M investments will take the following actions:

7. GIFT SHOP COUNTERS


a. The top of the cash register counters are 37 ½ inches and 38 inches above the finished floor. Provide cash register counters that are no more than 36 inches high. §§ 4.1.6(1)(b), 7.2.1.

8. TELEPHONE NEAR WOMEN’S TOILET ROOM


a. The highest operable part of the public telephone located near the toilet rooms is 56½ inches above the finished floor. Provide a public telephone that has hearing aid compatibility and signage, with clear ground space at least 30 inches by 48 inches that allows either a forward or side approach. Provide at least one text telephone with signage. §§ 4.1.6(1)(b), 4.1.3(17), 4.30.7(2), 4.30.7(3), 4.31, 4.2.4, 4.2.5, 4.2.6.

9. MEN’S AND WOMEN’S TOILET ROOMS


a. The sign for each toilet room does not have raised and Braille characters and is not mounted 60 inches above the finished floor on the wall adjacent to the latch side of the door. For each toilet room, provide signage using raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the signage without encountering a protruding object. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. In each toilet room, the designated accessible stall has the following non-compliant elements: the stall is less than 59 inches deep, the toilet paper dispenser is not mounted below the side grab bar, and all grab bars have more than 1 ½ inches of space between the grab bar and the wall. In each toilet room, provide a “standard” accessible stall at least 60 inches wide and 59 inches deep such that all of the stall’s elements, including water closets, size and arrangements, toe clearance, grab bars, controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.13, 4.16, 4.17 & Fig.30 (a), 4.22.4, 4.22.7, 4.26, 4.27. Alternatively, provide at least one unisex toilet room in the same area as the existing toilet rooms that complies with the Standards. §§ 4.1.6(3)(e)(i), 4.16, 4.19.

c. The urinal in the men’s toilet room does not have an elongated rim, is mounted 25 ½ inches above the finished floor, and has flush controls that are mounted 54 inches above the finished floor. Provide a urinal with an elongated rim no higher than 17 inches above the finished floor, and a flush control no more than 44 inches above the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2, 4.18.4.

d. In the men’s toilet room the urinal shield extends beyond the front edge of the urinal rim and has less than 14 ½ inches between the two panels. Provide clear floor space of at least 30 inches by 48 inches in front of the urinal. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.3.

e. In the women’s toilet room there is insufficient clear floor space in front of the paper towel dispenser because of the trash receptacles that obstruct the clear floor space. Remove or reposition the trash receptacles to provide access to the paper towel dispensers. §§ 4.1.6(1)(b), 4.1.3(13), 4.27.2, 28 C.F.R. § 36.211.

Barrier Removal in Existing Facilities: In order to ensure that the following spaces and elements in facilities are readily accessible to and usable by persons with disabilities, A & M Investments will take the following actions:

Natural Bridge Inn & Conference Center

Within 1 year of the effective date of this agreement, A & M investments will take the following actions:

10. PARKING

a. There are 21 parking spaces located at the main entrance to the Hotel. The two spaces designated for use by individuals with disabilities are located near the right entrance of the main hotel. Both spaces are less than 96 inches wide and are not served by an access aisle that is part of the accessible route to the hotel entrance. Provide at least one space that is 96 inches wide served by a 96 inch wide access aisle, with a sign designating one of the spaces as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obstructed by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig.9, 4.6.4.

b. The designated accessible parking spaces are located on a slope that exceeds 1:50. Provide a parking space and an access aisle that are level, with surface slopes not exceeding 1:50 in all directions. § 4.6.3.

11. ACCESSIBLE ROUTE

a. Along the exterior route leading to the Hotel’s main entrance, there is no signage at the inaccessible main entrance directing individuals with disabilities to the designated accessible side entrance. Provide directional signage directing patrons with disabilities to the accessible entrance. § 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

b. The existing route for individuals with disabilities located at the right of the main Hotel entrance (when facing the building) is not accessible because the slope leading from the accessible parking spaces to the entrance is greater than 1:12, there is no level landing at the bottom and top of the slope, no handrails, and the cross slope is greater than 1:50. Provide an accessible route to the main entrance of the Hotel from the accessible parking spaces that is at least 36 inches wide, with handrails, and a slope no greater than 1:12. §§ 4.3.2(1), 4.3.7, 4.5.2, 4.8.

c. The door leading into the Hotel from the existing route for individuals with disabilities has a clear open width of less than 32 inches, there is insufficient maneuvering clearance at the pull side of the door, and the door threshold does not have a level landing. Provide an accessible route from the parking to the main entrance such that all elements comply with the Standards. §§ 4.13.5, 4.13.6, 4.5.

12. PROPOSED UNISEX TOILET ROOM (LOBBY)

a. The proposed unisex toilet room has the following non-compliant elements: there is no visual alarm and there is no signage designating the toilet room as accessible. It is unclear from the drawings whether the clearance to the bottom of the lavatory apron is at least 29 inches and whether the knee clearance under the lavatory is at least 27 inches. Provide an accessible unisex toilet room that fully complies with the Standards. §§ 4.1.6 (3)(e) (i), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs.28 & 29, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30. [Please provide evidence that this was built.]

13. TELEPHONE (NEAR PROPOSED UNISEX TOILET ROOM)

a. The public telephone located near the proposed unisex toilet room is mounted so that its highest operable part is more than 48 inches from the finished floor, preventing use from a front approach and more than 54 inches from the finished floor, preventing use from a parallel approach. Provide a public telephone that has hearing aid compatibility and volume control with signage, and provide clear ground space at least 30 inches by 48 inches that allows either a forward or side approach. §§ 4.2.6, 4.31.3.

14. DRINKING FOUNTAIN

a. The drinking fountain located between the men’s and women’s toilet rooms has a spout that is higher than 36 inches from the finished floor to the spout outlet. Provide a drinking fountain with a spout no more than 36 inches above the finished floor and provide a way for persons who have difficulty bending or stooping to use the fountain; or install cups next to the existing water fountain so they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.

15. TELEPHONES (LOBBY)

a. The lobby has a bank of three (3) pay telephones. The highest operable part of each telephone is more than 54 inches above the finished floor and none is equipped with an electrical outlet for a text telephone. Although all three telephones are equipped with volume controls none, is identified by accessible signage. Provide at least one public telephone that has hearing aid compatibility, accessible signage, a shelf and electrical outlet to accommodate a portable TTY, and that has its highest operable part within the reach ranges specified in the Standards. §§ 4.30.7(2), 4.31, 4.2.5, 4.2.6.

16. ALARMS (LOBBY)

a. Although there is an audible alarm that serves the lobby area, there is no visual alarm that serves the lobby area. Provide a visual alarm system that will serve the lobby area. § 4.28.3.

17. ELEVATOR

a. The call buttons for the elevator in the lobby and halls on the second and third floors are mounted higher than 42 inches above the finished floor and are obstructed by trash receptacles located in front of the call buttons. Provide call controls so that the centerline is mounted no more than 42 inches above the finished floor and relocate the trash receptacles. § 4.10.3.

b. The elevator does not indicate audibly the direction in which each car is moving. Provide audible signals in each hoistway that sound once for the up direction and twice for the down direction, or install verbal annunciations that say “up” or “down.”
§ 4.10.4.

c. The elevator hoistway entrance does not provide raised or Braille floor designations on both door jambs. Provide floor designations with raised characters and Braille mounted at 60 inches to the centerline of the characters above the finished floor on the elevator hoistway entrances on each floor. §§ 4.10.5, 4.30.4.

d. The car control buttons are not designated in Braille and raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols; the call button for the main entry floor is not designated by a raised star at the left of the floor designation; and there are no visual indicators to the floor buttons to show when each call is registered. Provide car control panels with raised characters, Braille, and visual indicators as required by the Standards. §§ 4.10.12, 4.30.

18. SLEEPING ROOMS

a. The Natural Bridge Inn & Conference Center has 121 rooms. Two of the rooms, #117 and #118, have been altered in an attempt to make them more accessible to people with disabilities. Provide an additional five rooms that are accessible to people with disabilities. Of the seven accessible rooms (including #117 and #118), provide at least two with roll-in showers and equip the remainder with transfer bathtubs or transfer showers that comply with the Standards. Each of the seven rooms shall comply fully with the relevant provisions of the ADA Standards, section 9, including the provision that accessible rooms be dispersed among the various classes of sleeping accommodations available to customers (including size, cost, amenities provided, and number of beds). §§ 9.1.2, 9.1.4.

b. Locate each accessible sleeping room on an accessible route, and provide an accessible route within the room that connects all accessible spaces and elements. §§ 4.3, 9.22, 9.2.2(2).

c. Provide signage in the hallway designating each accessible sleeping room so that it is on the latch side of the sleeping room door; it includes Braille and raised numbering and/or lettering; and it is mounted at 60 inches above the finished floor to the centerline of the sign. §§ 4.30.4, 4.30.5, and 4.30.6.

d. On doors into and within each accessible sleeping room, provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.13.9, 9.2.2(3).

e. For doors into and within each accessible sleeping room, provide sufficient maneuvering clearances on the push and pull side that are clear and level. Standards §§ 4.13.6 & Fig. 25, 9.2.2(3).

f. For doors into and within each accessible sleeping room, ensure that the force required to open the door is no more than 5 pounds. §§ 4.13.11(2)(b), 9.2.2(3).

g. For doors into and within each accessible sleeping room, ensure that any door closers have a sweep period of at least 3 seconds to move from an open position of 70 degrees to a point 3 inches from the latch, measured to the leading edge of the door. §§ 4.13.10, 9.2.2(3).

h. For doors into and within each accessible sleeping room, provide a minimum clear opening width of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. §§ 4.13.5 & Fig. 24., 9.2.2(3).

i. In each accessible sleeping room, provide maneuvering space at least 36 inches wide along both sides of the bed, or between two beds where more than one is provided. § 9.2.2(1).

j. If fixed or built in storage is provided (closets, drawers, shelves), provide at least one of each type that has clear floor space and is within the reach ranges of a person using a wheelchair in each accessible sleeping room. §§ 4.2.5, 4.2.6, 4.25 & Fig. 38, 9.2.2(4).

k. In each accessible sleeping room, provide room controls (e.g., for light fixtures, heat/air conditioning, draperies) that have sufficient clear floor space, are within the reach ranges of a person using a wheelchair, and can be operated with one hand, without tight grasping, pinching, or twisting of the wrist. §§ 4.27, 9.2.2(5).

l. In each accessible room, provide an auxiliary visual fire alarm visible in all areas of the unit, or an electrical outlet within the reach ranges of a person using a wheelchair that is connected to the Hotel’s central alarm system, and a portable visual alarm. §§ 4.2.5, 4.2.6, 4.28.4, 9.2.2(8), 9.3.1, 9.3.2.

m. In each accessible room, provide visual notification devices to alert hearing impaired guests of incoming telephone calls and knocks on the door, or electrical outlets within the reach ranges of a person using a wheelchair and portable notification devices. §§ 4.2.5, 4.2.6, 9.2.2(8), 9.3.1, 9.3.2.

n. In each accessible room, provide a telephone with volume controls; an electrical outlet within the reach ranges of a person using a wheelchair that is within 4 feet of the telephone to facilitate the use of a text telephone (TTY); and a TTY.
§§ 4.2.5, 4.2.6, 4.31.5, 9.2.2(8), 9.3.1, 9.3.2; 28 C.F.R. § 36.303(d).

19. BATHROOMS WITHIN ACCESSIBLE SLEEPING ROOMS

A & M Investments will take the following actions, at minimum, in order to ensure that each bathroom within the accessible sleeping rooms complies with ADA Standards:

a. Within each bathroom, provide clear floor space at fixtures, an accessible route to fixtures and controls, and an unobstructed turning space. §§ 4.2.3, 4.23.3, 9.2.2(6)(e).

b. Provide an auxiliary visual fire alarm in the bathroom, or an electrical outlet within the reach ranges of a person using a wheelchair that is connected to the Inn’s central alarm system, and a portable visual alarm. §§ 4.2.5, 4.2.6, 4.28.4, 9.2.2(8), 9.3.1, 9.3.2.

c. Provide a lavatory that has a rim not higher than 34 inches above the finished floor; an apron that is at least 29 inches above the finished floor; toe and knee clearances that comply with the Standards; faucets that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist; and hot water and drain pipes that are wrapped or otherwise configured against contact. §§ 4.19 & Fig. 31, 4.23.6, 4.27.4, 9.2.2(6)(e).

d. Provide a mirror so that the bottom edge of the reflecting surface of the mirror is no higher than 40 inches above the finished floor. §§ 4.19.6, 4.23.6, 9.2.2(6)(e).

e. Provide a toilet so that the centerline is exactly 18 inches from a side wall, the top of the toilet seat is between17 and 19 inches above the finished floor, and the flush control is on the open side of the room. §§ 4.16.2, 4.16.3, 4.16.5 & Fig. 28, 4.23.4, 9.2.2(6)(e).

f. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. Provide a rear grab bar that is at least 36 inches long with the end closest to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.16.4 & Fig. 29, 4.23.4, 9.2.2(6)(e).

g. Provide a toilet paper dispenser that is within reach of the toilet, below the side grab bar, and at least 19 inches above the finished floor to the centerline of the roll. §§ 4.16.6 & Fig. 29(b), 4.23.4, 9.2.2(6)(e).

h. If fixed or built in storage is provided in the bathroom (e.g., drawers, shelves), provide at least one of each type that has sufficient clear floor space and is within the reach ranges of a person using a wheelchair. §§ 4.2.5, 4.2.6, 4.25 & Fig. 38, 9.2.2(4).

i. If controls, dispensers, receptacles or other equipment are provided, ensure that at least one of each type is within the reach ranges of a person using a wheelchair and is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist. §§ 4.2.5, 4.2.6, 4.23.7, 4.27, 9.2.2(6)(e).

j. If a transfer bathtub in lieu of a transfer shower is provided, ensure that there is adequate clear floor space in front of the bathtub; it has an in-tub seat or seat at the end of the tub that is securely mounted and does not slip during use; has grab bars that comply with the Standards; has faucets and controls that are located in compliance with the Standards and are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist; has a height adjustable shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower; and has enclosures, if any, that do not obstruct controls or a transfer from a wheelchair onto the seat or into the tub and do not have tracks mounted on their rims. §§ 4.20 & Figs. 33, 34, 4.23.8, 9.2.2(6)(e).

k. If a transfer shower in lieu of a transfer bathtub is provided, ensure that there is adequate clear floor space in front of the shower stall; the stall is exactly 36 inches wide and 36 inches deep; has a curb that is not more than ½ inch high; has a seat that is mounted on the wall opposite the controls, 17 to 19 inches above the shower floor, and extends the depth of the stall; has grab bars that comply with the Standards; and has a height adjustable shower spray unit with a hose at least 60 inches long that can be used both as fixed shower head and as a hand-held shower. §§ 4.21 & Figs. 35(a), 4.23.8, 9.2.2(6)(e).

l. If a roll-in shower is provided, ensure that there is adequate clear floor space in front of the shower; there is no curb; the shower dimensions and location of the folding seat, grab bars, and controls conform to Figure 57(a) or 57(b); the seat is mounted 17 to 19 inches above the shower floor and folds down; and there is a height-adjustable shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower. §§ 4.21 & Figs. 57(a) or 57(b), 4.23.8, 9.1.2, 9.2.2(6)(e).

20. ROOMS #117 AND #118

a. There is a 1/ ½ inch change in level at the threshold to the entrance door of sleeping rooms #117 and #118. In each, provide a threshold so that the change in elevation is no greater than ½ inch and beveled with a slope no greater than 1:2. § 4.13.8.

b. The bathrooms in rooms #117 and #118 each have the following elements that do not comply with the Standards: there is no grab bar at least 36 inches long mounted behind the water closet at a height between 33 and 36 inches above the finished floor; there is no side grab bar at least 42 inches long mounted a minimum of 12 inches from the wall adjacent to the water closet and between 33 and 36 inches from the finished floor; the flush control is not mounted on the wide side of the toilet area; the hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact; the lavatory faucets are not operable without tight grasping, pitching, or twisting of the wrist; the bottom edge of the reflecting surface of the mirror and medicine cabinet is mounted more than 40 inches above the finished floor. Provide a bathroom in rooms #117 and #118 that fully complies with the Standards. §§ 9.1, 9.2.

21. VISUAL ALARMS, NOTIFICATION DEVICES AND TELEPHONES

a. There is only one set of notification devices available for persons with hearing impairments. Provide 12 sleeping rooms that fully comply with the requirements for visual alarms, notification devices, and telephones under the Standards. Eight of those 12 rooms shall be the designated accessible rooms referred to in paragraph 18 of this Agreement. §§9.1, 9.3. In the alternative, provide 12 sets of portable devices, including, 12 portable visual alarms to alert guest with hearing impairments of smoke and fire, 12 visual notification devices to alert guests with hearing impairments of incoming telephone calls, 12 visual door knockers, and 12 TTYs. Electrical outlets within sleeping rooms and bathrooms must be within reach ranges of persons who use wheelchairs to enable the use of the portable devices specified in this paragraph.

Natural Bridge Conference Center Meeting Rooms (Madison, Monroe, Wilson and Tyler)

Within 1 year of the effective date of this agreement, A & M investments will provide the following:

22. ENTRANCE DOOR

a. The door leading to the covered walkway on the second floor to the meeting rooms has door hardware that requires tight grasping, tight pitching, or twisting of the wrist to operate. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate. Lever-operated mechanism, push-type mechanism, and U-shaped handles are accessible designs. § 4.13.9.

b. The doors leading into the meeting rooms are too narrow and have door hardware that requires tight grasping, tight pitching, or twisting of the wrist to operate. Provide a door that has a minimum a clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door opened at 90 degrees. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate. Lever-operated mechanism, push-type mechanism, and U-shaped handles are accessible designs. §§ 4.13.5, 4.13.9.

Natural Bridge Conference Center Administrative Offices

Within 1 year of the effective date of this agreement, A & M investments will provide the following:

23. ENTRANCE

a. The doors leading to the administrative offices are too narrow, and have door hardware that requires tight grasping, tight pitching, or twisting of the wrist to open. Provide doors with a minimum a clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door opened at 90 degrees, and provide door hardware that is easy to grasp with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate; or provide access to the services located in the administrative offices by other means. §§ 4.13.5 & Fig. 24, 4.13.9, 28 C.F.R. §§ 36.305.

b. Although there is an audible alarm that serves the third floor, there is no visual alarm.
Provide a visual alarm system that will serve the third floor, including visual alarms appliances in all public areas, including toilet rooms. § 4.28.3.

24. MEN’S AND WOMEN’S PUBLIC TOILET ROOMS (in meeting room area)

a. The signs for the toilet rooms do not have raised and Braille characters and are not mounted 60 inches above the finished floor on the wall adjacent to the latch side of the door. For each toilet room, provide a sign using raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach to within 3 inches of the sign without encountering protruding objects or standing within the swing of the door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The doors leading into both toilet rooms have a clear opening width of 29 inches wide. Provide a door with a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5 & Fig.24.

c. There is a change in level at the threshold to the doors leading into each toilet room that exceeds ½ inch in elevation and is not beveled. Provide a threshold so that the change in elevation is no greater than ½ inch and beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.13.8.

d. In the men’s toilet room the designated accessible stall is 48 inches wide and 71 ½ inches deep. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted) in the toilet room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27. If it is technically infeasible to install a required “standard” stall or where other codes prohibit reduction of the fixture count, an alternate stall may be provided in lieu of the “standard” stall. §§ 4.1.6.(3)(e) & Fig. 30(b).

e. In the women’s toilet room the designated accessible stall is 47 ½ inches wide and 71 ½ inches deep. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted) in the toilet room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27. If it is technically
infeasible to install a required “standard” stall or where other codes prohibit reduction of the fixture count, an alternate stall may be provided in lieu of the “standard” stall. § 4.1.6.(3)(e) & Fig. 30(b).

f. In each toilet room the grab bars in the designated accessible stalls do not comply with the Standards. Provide a side and rear grab bar in the designated accessible stall in each toilet room that complies in all respects with the Standards. §§ 4.17.6, 4.26 & Fig. 39, Fig. 30.

g. In the women’s toilet room the tampon dispenser is mounted so that its highest operable part is located 56 inches above the finished floor. Provide a tampon dispenser so that the highest operable part (coin slot) is no more than 54 inches above the finished floor for a side reach or, no higher than 48 inches for forward reach, and provide an operating mechanism that is operable with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate. §§ 4.22.7, 4.27.3, 4.27.4, 4.2.5, 4.2.6.

h. In each toilet room, the height of the lavatory counter is 36 ¼ inches above the finished floor, and the lavatory has twist-type faucets. Provide a lavatory that has a counter/rim not higher than 34 inches above the finished floor, with a clearance of at least 29 inches above the finished floor to the bottom of the aprons; and controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.19 & Fig. 31, 4.22.6, 4.27.4.

i. In the men’s toilet room, the urinal has no elongated rim and is mounted more than 17 inches above the finished floor, and the urinal shield extends beyond the front edge of the urinal rim and has less than 29 inches clearance between the two panels. Provide a urinal with an elongated rim no higher than 17 inches above the finished floor and a flush control no higher than 44 inches above the finished floor, and provide clear floor space of at least 30 inches by 48 inches in front of the urinal. §§ 4.22.5, 4.18.2, 4.18.3, 4.18.4.

j. The paper towel dispensers in each toilet room are located 57 inches above the finished floor. Provide a paper towel dispenser in each toilet room that is not in the circulation path to the lavatory, has its highest operable part within the reach ranges of a person who uses a wheelchair, and has a clear floor space of 30 inches by 48 inches. §§ 4.4.1, 4.4.2; 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.

k. In each toilet room, the faucets are not operable with one hand and require tight grasping, pinching, or twisting of the wrist to operate. Provide faucet hardware that is easy to grasp with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate. §§ 4.22.6, 4.19.5, 4.27.4.

l. Although there is an audible alarm that serves the hallway outside the toilet rooms, there are no auxiliary visual alarms. Provide an auxiliary visual alarm in each toilet room. §§ 4.28.3.

Washington Hall

Within 1 year of the effective date of this agreement, A & M investments will provide the following:

25. ENTRANCE

a. To reach the front entrance of Washington Hall, individuals generally walk through the building housing the conference rooms and exit out the rear door. This door has hardware that requires tight grasping, tight pitching or twisting of the wrist to operate and there is a threshold that exceeds ½ inch in height and is not beveled. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate. Lever-operated mechanism, push-type mechanism, and U-shaped handles are accessible designs. Provide a threshold so that the change in elevation is no greater than ½ inch and beveled with a slope no greater than 1:2. §§ 4.13.7, 4.13.8.

b. There is no signage directing persons with disabilities to an accessible entrance. At all inaccessible entrances, provide directional signage directing patrons with disabilities to the accessible entrance. §§ 4.30.7(1).

Natural Bridge attraction area

Within one year of the effective date of this agreement, A & M investments will modify the following:

26. GATEHOUSE SHUTTLE/WALKWAY

a. The Gatehouse Shuttle drop area and route leading to the Summer House Café and Natural Bridge has a cross slope that exceeds 1:50 (2%), and part of the route is comprised of loose gravel. Provide accessible motorized transport to the Summer House Café and Natural Bridge as an alternative to barrier removal. 28 C.F.R. § 36. 305.

27. INFORMATIONAL AND DIRECTIONAL SIGNAGE

a. There are several signs located along the route leading to the Natural Bridge, Easter Sunrise area, and the Saltpetre Cave. These signs provide audio information about Thomas Jefferson, George Washington, the surrounding trees and flowers and the Natural Bridge. Four of the signs have push buttons that are not accessible to persons in wheelchairs because the clear floor space is obstructed and the two highest informational buttons are more than 48 inches above the ground preventing individuals who use wheelchairs from reaching the buttons. Provide informational signage within the reach ranges of such persons (see Standards §§ 4.2.5, 4.2.6), or establish a policy and procedure to make the information otherwise accessible to persons who use wheelchairs. In addition, provide transcripts of the information for people with hearing impairments and accessible signage indicating how the transcripts may be obtained. 28 C.F.R. § 36.303.

28. PICNIC TABLES

a. There are six picnic tables located where the Easter sunrise service is held. None of the tables is accessible to and usable by individuals with disabilities because there is no accessible route at least 36 inches wide that is stable, firm and slip-resistant leading to the tables and the tables themselves are not accessible to persons who use wheelchairs. Provide at least one picnic table that has a surface 28 to 34 inches above the ground with knee space at least 27 inches high, 30 inches wide, and 19 inches deep, and that is situated in clear ground space adjacent to an accessible route or drop-off area for accessible motorized transportation. §§ 4.1.3(18), 4.3, 4.5, 4.32, 28 C.F.R. § 36. 305.

Summer House Café

Within one year of the effective date of this agreement, A & M investments will modify the following:

29. UNISEX TOILET ROOM

a. The sign for the unisex toilet room does not have raised or Braille letters and is not mounted 60 inches above the finished floor on the wall adjacent to the latch side of the door. Provide signage using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finished floor and a person can approach to within 3 inches of the signage without encountering a protruding object. §§ 4.30.1. 4.30.4, 4.30.5, 4.30.6.

b. The door to the toilet room has door hardware that requires tight grasping, tight pitching, or twisting of the wrist to operate. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate. Lever-operated mechanism, push-type mechanism, and U-shaped handles are accessible designs. § 4.13.9.

c. The toilet room has no grab bars between 33 inches and 36 inches from the finished floor. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.16.4 & Fig. 29, 4.26.

d. The centerline of the toilet is not 18 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from a side wall. § 4.16.2 & Fig. 28.

e. The flush control is not mounted in the wide side of the toilet. Provide a flush control on the wide (open) side of the toilet or install an automatic flush device. § 4.16.5.

f. The toilet paper dispenser is mounted on the back wall rather than the side wall. Provide a toilet paper dispenser located on the side wall that is within reach of the toilet, below the side grab bar, and at least 19 inches above the finished floor to the centerline of the dispenser § 4.16.6 & Fig. 29(b).

g. The height of the lavatory is more than 34 inches above the finished floor. Provide a lavatory with a counter/rim that is no more than 34 inches above the finished floor, with a clearance of at least 29 inches above the floor to the bottom of the apron, and that otherwise complies with the Standards. §§ 4.22.6, 4.19.2 & Fig. 31.

Stonewall Inn

Within one year of the effective date of this agreement, A & M investments will modify the following:

30. PARKING

a. There are seven parking spaces in the lot that serves the Stonewall Inn, none of which is accessible. Provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide, with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space and on the shortest accessible route to the accessible entrance.
§§ 4.1.2(5), 4.6.4.

b. There is no accessible route provided from the parking lot to the Stonewall Inn because there are two steps leading to the first floor of the Inn, preventing individuals with mobility impairments from entering. Provide an accessible route to the first floor entrance from the accessible parking to the entrance and install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. §§ 4.3.2(1), 4.5.2, 4.8, Fig.25, 4.13.6.

31. SLEEPING ROOMS

a. There are 18 sleeping rooms, none of which is accessible and usable by individuals with disabilities. Provide one accessible room that complies in all respects with the Standards. §§ 9.1.2, 9.1.3, 9.2.

b. There are no notification devices available for persons with hearing impairments at the Inn. Provide visual alarms, notification devices, and telephones as required by the Standards in the Inn’s designated accessible sleeping room and at least one other sleeping room at the Inn. §§ 9.1.3, 9.3. Or, in each of the two rooms described in the previous sentence, provide an electrical outlet within the reach ranges of a person using a wheelchair and within 4 feet of the telephone that is connected to the Hotel’s central alarm system, and make available two sets of portable devices including in each set a portable visual alarm to alert guests with hearing impairments of smoke and fire, a visual door knocker, a visual notification device to alert guests of incoming telephone calls, and a TTY.

c. The signs on each sleeping room door do not have raised and Braille characters and are not mounted 60 inches the finished floor on the wall adjacent to the latch side of the door. Provide signage using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the signs is 60 inches above the ground and so that a person can approach to within 3 inches of signage without encountering a protruding object. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

The Cottages

Within one year of the effective date of this agreement, A & M investments will modify the following:

32. PARKING

a. There are no accessible parking spaces located at the Cottages. Provide at least one accessible parking space that will be 96 inches wide served by a 96-inch wide access aisle, and install a “van-accessible” sign mounted below the symbol of accessibility located so that it cannot be obscured by a vehicle parked in the space and on the shortest route nearest the entrance. 4.1.2(5), 4.6.2, 4.6.4.

33. SLEEPING ROOMS

a. The sleeping rooms do not have accessible signage. Provide signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. There are 34 sleeping rooms. None of the rooms is accessible to and usable by individuals with disabilities. Provide two accessible sleeping rooms that comply in all respects with the Standards. §§ 9.1.2, 9.1.3, 9.2.

c. There are no notification devices available for persons with disabilities in the Cottages. Provide visual alarms, notification devices, and telephones as required by the Standards in the Cottages’ designated accessible sleeping rooms and in at least two other sleeping rooms. §§ 9.1.3, 9.3. Or, in the two rooms described in the previous sentence, provide an electrical outlet within the reach ranges of a person using a wheelchair and within 4 feet of the telephone that is connected to the Hotel’s central alarm system, and make available four sets of portable devices including in each set a portable visual alarm to alert guests with hearing impairments of smoke or fire, a visual notification device to alert guests of incoming calls, a visual door knocker, and a TTY.

34. SODA VENDING MACHINE AND ICE SHACK (near Cottages)

a. There is a 2 3/4 inch step at the entryway preventing individuals with disabilities from entering the shack. Provide a threshold so that the change in level is no greater than 1/4 inch, or no greater than ½ inch if beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearance at the door. §§ 4.13.8, 4.5.2, 4.8, 4.13.6, Fig. 25.

35. THE TENNIS COURTS ( near the Cottages)

a. There is no accessible route leading from the Cottages to the tennis courts because the existing path is through grass and has no clear width at least 36 inches that is stable, firm and slip-resistant, and complies with the Standards. Provide an accessible route to the tennis court with clear ground space that complies with the Standards. §§ 4.3, 4.5.

b. There a change in level from the grass to the tennis court ranges from 4 ½ inches to 6 inches, preventing individuals with disabilities from entering the tennis court. Provide an accessible route to the tennis court with clear ground space that complies with the Standards. §§ 4.3.

The Wax Museum

Within one year of the effective date of this agreement, A & M investments will modify the following:

36. SIGNAGE

a. There is no signage at the inaccessible main entrance directing patrons with disabilities to the designated accessible entrance located behind the building. Provide a sign directing individuals to the accessible entrance, using raised characters and Braille, that complies with the Standards. §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.

37. PARKING

a. There are two parking spaces located directly behind the Wax Museum for use for individuals with disabilities, neither one of which is accessible. Provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.4, 4.6.3 & Fig. 9.

38. ENTRANCE DOOR

a. The entrance door has insufficient maneuvering clearance at the door and the ground area is not level. Provide an accessible route to the door that is at least 36 inches wide, and provide a minimum maneuvering clearance at the door as shown in Fig. 25 (a) or install an automatic door opener. §§ 4.13.6 & Fig. 25.

b. The entrance door has hardware that requires tight grasping, tight pitching, or twisting of the wrist to operate. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pitching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs. § 4.13.9.

39. DRINKING FOUNTAIN

a. The spout of the drinking fountain is higher than 36 inches from the finished floor to the spout outlet. Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping; or provide some other means to achieve the required accessibility for persons using wheelchairs and for persons who have difficulty bending or stooping. § 4.15.2.

40. THE MEN’S AND WOMEN’S TOILET ROOMS

a. The toilet rooms do not have accessible signage. Install signs, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of each sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing with a door swing.
§§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The doors into each toilet room are less than 32 inches wide. Provide a door to each toilet room that is at least 32 inches wide measured from the face of the door to the opposite door stop with the door open 90 degrees. §§ 4.13.5 & Fig. 24.

c. The designated accessible toilet stalls in each toilet room contain the following elements that do not comply with the Standards: each stall is not at least 60 inches wide and 56 inches deep, the stall doors have a clear opening width of less than 32 inches wide and swing into the stall, there are no grab bars, the centerline of the toilet is not exactly 18 inches from the wall and measures less than 17 inches from the finished floor. Provide an “alternate” accessible stall such that all of the stall’s elements, including, stall door, stall door hardware, water closet, size and arrangements, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17, & Fig.30(b), 4.22.4, 4.22.7, 4.26, 4.27.

d. In the women’s toilet room the tampon dispenser is located 50 inches above the finished floor and a side reach is not available. Provide a dispenser so that the highest operable part (coin slot) is within the reach ranges of a person who uses a wheelchair.
§§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.

e. In each toilet room the height of the lavatory apron provides insufficient clearance from the floor to the bottom of the apron. Provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.22.6, 4.19.2 & Fig. 31.

f. In each toilet room the hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes to protect against contact. §§ 4.22.6, 4.19.4.

g. In each toilet room the faucet controls are not operable without tight grasping, tight pitching, or twisting of the wrist to operate. Provide faucet controls that are easy to grasp with one hand and do not require tight grasping, pitching, or twisting of the wrist to operate. §§ 4.22.6, 4.19.5, 4.27.4.

h. In each toilet room the bottom edge of the reflecting surface is 47 3/4 inches above the finished floor. In each, provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.

i. In both toilet rooms the soap dispenser is mounted 52 inches above the finished floor, where a front approach is required. In each, provide a soap dispenser so that its highest operable part is not higher than 48 inches above the finished floor for a front approach. §§ 4.22.7, 4.27.3, 4.2.5 & Fig. 5(b).

j. In both toilet rooms the paper towel dispenser is mounted 61 3/4 inches above the finished floor. In each, provide a paper towel dispenser that is not in the circulation path to the lavatory, has its highest operable part within the reach ranges of a person who uses a wheelchair, and has a clear floor space of 30 inches by 48 inches. §§ 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.

k. In both toilet rooms there is an audible alarm, but no visual alarm. Provide visual alarms in compliance with the Standards. § 4.28.

ENFORCEMENT

41. The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this Agreement or any of its requirement has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of the title III, following written notice to A & M Investments of possible violations and a period of 30 days in which A & M Investments has the opportunity to cure the alleged violations.

42. Failure by the Department to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this agreement.

43. This Agreement shall be binding on A & M Investments and its successors in interest. A & M Investments has a duty to notify all such successors in interest of this Agreement and the duties and responsibilities it imposes on it.

IMPLEMENTATION

44. A & M Investments will submit a report to the Department summarizing the actions it has taken pursuant to this Agreement within fourteen months of the effective date of this Agreement and annually thereafter, for the life of the Agreement. The report will consist primarily of detailed photographs of the architectural modifications required by this agreement and clearly show the dimensions of various elements and spaces so that compliance with the ADA Standards may be determined.

45. This agreement is a public document. A copy of this document or any information contained in it shall be made available to any person by A & M Investments or the Department by request.

46. 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, will be enforceable under its provisions. In the event a court of competent jurisdiction concludes that any part of this agreement is unenforceable, such portion shall be severed from this Agreement and all other portions shall remain enforceable.

47. This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other Federal law.

48. This Agreement does not affect A & M Investment’s continuing responsibility to comply with all aspects of title III of the ADA. In particular, the title III obligation to remove barriers to access for people with disabilities where that is readily achievable is a continuing obligation. It must be continuously re-visited, particularly where the financial resources available to a public accommodation may improve over time.

49. This Agreement will remain in effect for 5 years from the effective date of this Agreement or until the parties agree that full compliance with this agreement by the A & M Investments has been achieved.

50. The persons signing this document for A & M Investments represent that he is authorized to bind A & M Investments this agreement.

51. The effective date of this Agreement is the date of the last signature below.

FOR THE RESPONDENT:

ANGELO PUGILIS
A & M Investments
1725 DeSales Street, N.W., Suite 401
Washington, DC 20036
Owner and Operator of
Natural Bridge of Virginia

By:______________________

Date__________________

FOR THE UNITED STATES:

J. MICHAEL WIGGINS
Acting Assistant Attorney General
Civil Rights Division

By:
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
ELIZABETH L. BACON, Supervisory Attorney
CELESTE A. SIMMONS, Investigator
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530

Date___________________

>
Updated August 6, 2015

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