DEPARTMENT OF JUSTICE
COMPLAINT NUMBER 202-77-17
- This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990, 42 U.S.C. ï½§ï½§ 12181-12189 (the ADA), with the United States Department of Justice against the Sleepy Hollow Motel in Green River, Utah, (Motel). The complainants alleged that the Motel has violated title III of the ADA and the Department of Justice's implementing regulation, 28 C.F.R. Part 36, by refusing to provide available lodging to a family accompanied by a service animal.
- The Sleepy Hollow Motel is a place of lodging, and its operations affect commerce. It is a place of public accommodation covered by title III of the ADA. 42 U.S.C.
- The Department of Justice is authorized to investigate complaints under title III of the ADA and to bring suit in particular cases. 42 U.S.C. ï½§ 12188.
- The parties have agreed to resolve this matter as set forth below, without adjudication of any factual and legal disputes.
- The Sleepy Hollow Motel agrees to make reasonable modifications in policies, practices, or procedures, when modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with sight impairments and their service animals. 28 C.F.R. ï½§ 36.302(a).
- Within 30 days of the effective date of this Agreement, the Sleepy Hollow Motel will develop a written policy, and will submit the policy to the Department of Justice, to provide that guest with service animals will be permitted to occupy available lodging. The Motel's no pet policy will be clarified to permit service animals.
- The written policy shall contain the following provisions:
- service animals will be permitted to stay in the rooms of guests.
- the definition of a service animal includes guide dogs, signal dogs, and any other animal individually trained to do work or perform tasks for the benefit of an individual with a disability; and
- the policy shall provide information regarding who to contact in case the policy is not followed.
- Within 45 days of the effective date of this Agreement, the policy shall be distributed to all Motel employees and shall be posted in a conspicuous place at the Motel desk. The policy will be integrated into any existing written policies and procedures, will be included in any employee training and will be made available to the public upon request.
- Within 10 days of the effective date of this Agreement, the Motel will compensate the complainant in this matter by sending a certified check in the amount of $500.00 by certified mail to the address provided by the Department, provided that the complainant first executes a release of all claims that it has or may against Sleepy Hollow Motel, or any of its owners, employees, agents, successors and assigns, arising prior to the date of the release .
- Neither the execution of this Agreement, the consideration given for this Agreement, nor the performance of any terms of this Agreement shall constitute ir be construed as an admission of liability by Sleepy Hollow Motel, which liability is expressly denied.
- In consideration of the above actions, the Department agrees to close the investigation of complaint DJ# 202-77-17 and to refrain from bringing a civil action against Sleepy Hollow Motel.
- The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of title III following written notice to the Motel of the possible violation and a period of 10 days in which the Motel has the opportunity to cure the alleged violations.
- The parties stipulate that, if the Department sues under ï½¶ 11 and prevails, the Sleepy Hollow Motel will pay $10,000 in civil penalties, as authorized by 42 U.S.C. ï½§ 12188 (b)(2)(C), within 10 days of the entry of judgement.
- Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
- This Agreement is a public document. A copy of this document or any information contained in it may be available to any person upon request.
- The effective date of this Agreement is the date of the last signature below.
- This Agreement constitutes the entire agreement between the parties on the matters raised here, 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.
- 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. This Agreement does not effect the Sleepy Hollow Motel's continuing responsibility to comply with all aspects of title III of the ADA.
- The persons signing this document for the Sleepy Hollow Motel represents that he or she is authorized to bind the Sleepy Hollow Motel to this Agreement.
FOR THE UNITED STATES:
BILL LANN LEE
Acting Assistant Attorney General
Civil Rights Division
JOHN L. WODATCH, CHIEF
Allison Nichol, Deputy Chief
Susan B. Reilly, Supervising Attorney
Celeste A. Simmons, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
FOR THE SLEEPY HOLLOW MOTEL
BETSY HATT, OWNER
Sleepy Hollow Motel
94 East Main Street
Green River, Utah 84525