1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Â§Â§ 12181-12189, with the United States Department of Justice against the owner and operator of The Sherwood Inn, located at 26 West Genessee Street in Skaneateles, New York. The complainant alleged that the parking, entrance, and toilet rooms at The Sherwood Inn 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 complaint contained no allegations to the path of travel to or the accessibility of the guest rooms.
2. The Attorney General is authorized to enforce title III of the ADA by seeking the removal of barriers to places of public accommodation where such removal is readily achievable, to make such facilities readily accessible to and usable by individuals with disabilities. 42 U.S.C. Â§ 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. 42 U.S.C. Â§ 12188(b)(1)(B).
3. The Sherwood Inn is an inn and a restaurant and, as such, is a place of public accommodation covered by title III of the ADA. 42 U.S.C. Â§Â§ 12181(7)(A), 12181(7)(B). William Eberhardt is the current owner of The Sherwood Inn. As the owner and operator of a place of public accommodation, William Eberhardt is a public accommodation under title III of the ADA. 28 C.F.R. Â§ 36.104.
4. The Sherwood Inn was constructed before the ADA’s effective date but has been altered to update its features and in an attempt to make the facility more accessible to people with disabilities.
5. Mr. Eberhardt agrees to take all of the actions, 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 Sherwood Inn’s accommodations. In light of this agreement, The Sherwood Inn and the Department (together hereinafter referred to as the “Parties”), have agreed that complaint 202-50-55 can be resolved without litigation and have prepared and agreed to the terms of this Agreement.
6. Unless otherwise indicated, section numbers (Â§) in the Agreement shall be understood to be references to sections in the Standards.
7. Unless otherwise indicated in the Agreement, William Eberhardt will take the actions specified in the Agreement within 90 days of the effective date of this Agreement.
In order to ensure that the following spaces and elements at The Sherwood Inn are readily accessible to and usable by persons with disabilities, William Eberhardt will take the following actions:
8. The parking lot is not striped and there is no sign designating a space as van-accessible. Provide at least two clearly designated 96-inch wide parking spaces each served by access aisles, one access aisle at least 96 inches wide and one access aisle at least 60 inches wide, located on the shortest accessible route to the accessible entrance, and designate at least one space as “van-accessible” using a sign mounted below the symbol of accessibility. Â§Â§ 4.1.6(1)(b), 4.1.2(5), 4.6.
9. Provide accessible signage to indicate the doorbell is to be used before 9:00 AM and after 8:00 PM in order to access the platform lift. Â§Â§ 4.1.6(3)(g), 4.11, 4.30.
PRIMARY FUNCTION ROOMS
10. The clothes rod in the coat closet is too high. Provide hooks or a clothes rod with hangers that is not more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach, and has a clear floor space of 30 inches by 48 inches. Â§Â§ 4.1.6(1)(b), 4.25.3 & fig. 38, 4.2.5, 4.2.6.
11. Doors throughout the restaurant have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are accessible designs. In the alternative, maintain the policy that the doors throughout the restaurant area are never closed. Â§ 4.13.9.
WOMEN’S TOILET ROOM
12. The coat hook is located 67 inches above the floor. By June 1, 2004, provide a hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach. Â§Â§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
13. The toilet paper dispenser is located above the side grab bar. By June 1, 2004, provide a dispenser so that there is a minimum of 1 Â½ inches between the bottom of the grab bar and the top of the dispenser and the centerline of the dispenser is no less than 19 inches above the finished floor. Â§Â§ 4.1.6(1)(b), 4.16.6 & fig. 29(b).
14. There is an audible alarm in the toilet room, but no visual alarm. By June 1, 2004, provide a visual alarm in compliance with the Standards. Â§Â§ 4.1.6(1)(b), 4.1.3(14), 4.28.
MEN’S TOILET ROOM
15. The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. By June 1, 2004, insulate or otherwise configure the hot water and drain pipes to protect against contact. Â§Â§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
16. There is no side grab bar in the stall designated for people with disabilities. By June 1, 2004, 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 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Â§Â§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.
17. There is no rear grab bar in the stall designated for people with disabilities. By June 1, 2004, provide a rear grab bar that is at least 36 inches long, mounted with the end closest to the side wall no more than 6 inches from the side wall, 1 1/4 - 1 Â½ inches in diameter, and exactly 1 Â½ inches from the wall on which it is mounted, and that otherwise complies with the Standards. Â§Â§ 4.1.6(1)(b), 4.22.4, 4.17.6 & Fig.30(a), 4.26.2.
18. The toilet paper dispenser is located high enough so that it will likely be above the required side grab bar, once the grab bar is installed in the stall designated for people with disabilities. By June 1, 2004, provide a dispenser so that there is a minimum of 1 Â½ inches between the bottom of the grab bar and the top of the dispenser and the centerline of the dispenser is no less than 19 inches above the finished floor. Â§Â§ 4.1.6(1)(b), 4.16.6 & fig. 29(b).
19. The toilet flush valve is located on the closed, or narrow, side of the toilet stall. By June 1, 2004, provide a flush valve control on the open (wide) side of the toilet stall or install an automatic flush device. Â§Â§ 4.1.6(1)(b), 4.22.4, 4.17.2, 4.16.5.
20. The coat hook is located 73 inches above the floor. By June 1, 2004, provide a hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach. Â§Â§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
21. There is an audible alarm in the toilet room, but no visual alarm. By June 1, 2004, provide a visual alarm in compliance with the Standards. Â§Â§ 4.1.6(1)(b), 4.1.3(14), 4.28.
22. The top of the reception desk is 43 inches above the finished floor. Provide a reception desk that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary desk with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering reception services at an accessible location for individuals who use wheelchairs). Â§Â§ 4.1.6(1)(b), 7.2(2)(iii).
a. If providing equivalent facilitation, ensure that employees are aware that they will need to provide these services whenever necessary.
23. The accessible entrance is not identified by the International Symbol of Accessibility. By June 1, 2004, provide identifying signage at the accessible entrance. Â§Â§ 4.1.2(7)(c), 4.30.7(1).
24. No directional signage is present at the inaccessible entrances. By June 1, 2004, provide directional signage at all inaccessible entrances to indicate the location of the nearest accessible entrance. Â§Â§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
25. The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this Agreement or any of its requirements have 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 William Eberhardt of possible violations and a period of 30 days in which Mr. Eberhardt has the opportunity to cure the alleged violations.
26. 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.
27. This Agreement shall be binding on William Eberhardt and his successors in interest. Mr. Eberhardt has a duty to notify all such successors in interest of this Agreement and the duties and responsibilities it imposes.
28. Within 120 days after the effective date of this Agreement, William Eberhardt shall provide the Department with evidence that he has taken the actions specified in paragraphs 8 - 11 and 22 of this Agreement.
29. By July 1, 2004, William Eberhardt shall provide the Department with evidence that he has taken the actions specified in paragraphs 12 - 21 and 23 - 24 of this Agreement.
30. This Agreement shall remain in effect for a period of two years from the date it becomes effective, or until the Department determines that all actions required by the Agreement have been satisfied, whichever is earlier.
31. This Agreement is a public document. A copy of this document or any information contained herein shall be made available to any person by William Eberhardt or the Department upon request.
32. 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, shall be enforceable. 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.
33. This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA of any other Federal law, including the path of travel to and the accessibility of the guest rooms at this facility. This Agreement does not affect William Eberhardt’s continuing responsibility to comply with all aspects of title III of the ADA.
34. The date this Agreement becomes effective is the date of the last signature below.
For The Sherwood Inn:
WILLIAM EBERHARDT, President
The Sherwood Inn
26 West Genessee Street
Skaneateles, New York 13152
For the United States:
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
ELIZABETH BACON, Supervisory Attorney
MICHELE ANTONIO MALLOZZI, Architect
SUSAN G. QUINN, Investigator
ELIZABETH BRZEZOWSKI, Investigative Assistant
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530