Settlement Agreement Under The Americans With Disabilities Act Of 1990 Between The United States Of America And The Ramada Maingate/saga Inn

DJ 202-12C-112

I. Background

1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department"), against the Ramada Maingate/Saga Inn, in Anaheim, California. The complaint was investigated by the Department under the authority granted by section 308 (b) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12188. [REDACTED] filed a complaint which alleges that the Ramada Maingate/Saga Inn failed to provide a promised room that would be wheelchair accessible for her son, [REDACTED], who has a disability and uses a wheelchair for mobility. The complaint further alleges that the Ramada Maingate/Saga Inn's policy is not to guarantee any room type.

Under section 308(b)(1)(B) of the ADA, 42 U.S.C. § 12188, the Attorney General is authorized to bring a civil action under title III in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing a civil suit under title III in this matter.

2. The parties to this Settlement Agreement ("Agreement") are the United States of America and the Ramada Maingate/Saga Inn.

II. Title III Coverage

3. Title III of the ADA and its implementing regulation prohibit discrimination on the basis of disability by places of public accommodation. 42 U.S.C. § 12182 ; 28 C.F.R. § 36.201.

4. The Ramada Maingate/Saga Inn is a place of lodging and therefore is considered a place of public accommodation as defined in section 301(7)(B) of the ADA, 42 U.S.C. § 12181, and its implementing regulation, 28 C.F.R. § 36.104.

5. [REDACTED] has multiple sclerosis, which requires him to use a wheelchair, and therefore, he is an individual with a disability, as defined by section 3(2)(A) of the ADA and its implementing regulation. 42 U.S.C. § 12102; 28 C.F.R. § 36.104. The Ramada Maingate/Saga Inn has an obligation, pursuant to 42 U.S.C. §§ 12182(a) and 12182(b)(1)(E), and 28 C.F.R. §§ 36.102(a) and 36.205, to ensure that no individual with a disability is discriminated against with respect to the provision of any of the goods, services, facilities, privileges, advantages, or accommodations available at the Ramada Maingate/Saga Inn.

III. Actions to be Taken by the Ramada Maingate/Saga Inn

6. The Ramada Maingate/Saga Inn agrees to take the following actions within 45 days of the date of this Agreement:

A. The Ramada Maingate/Saga Inn shall post in a prominent location of its public areas the enclosed written policy statement indicating that all persons with disabilities are welcome in the hotel.

B. The Ramada Maingate/Saga Inn shall train all present and future staff to ensure that they are familiar with obligations that the ADA imposes upon places of lodging and with the memorandum described in 6.C., below, so that they treat people with disabilities in a nondiscriminatory manner and afford them the same service and courtesy as that afforded any customer of the establishment.

C. The Ramada Maingate/Saga Inn shall issue a memorandum stating that it is the policy of the Ramada Maingate/Saga Inn:

a. That no accessible room will be reserved for an individual who does not have a disability, unless all inaccessible rooms have been reserved for the date on which a room is requested and accessible rooms are the only ones available;

b. That an accessible room of the type requested by a person with a disability shall be reserved for that person, if, at the time a reservation is made, an accessible room is available for the date(s) on which it is being requested;

c. That if, at the time the reservation is placed, an accessible room is available on the date(s) for which it is requested, the individual making the request will receive a confirmation number which will serve as proof that an accessible room has been "reserved" for the date(s) in question;

d. That, at an individual customer's request, written confirmation that an accessible room has been "reserved" will be provided in addition to the confirmation number.

e. That if the customer has been assigned inadvertently to an inaccessible room, all reasonable and diligent efforts must be made to find an accessible room in the same facility (e.g., by reassigning a non-disabled person who may be located in an accessible room to an inaccessible room in the same facility, assuming one is available);

f. That if the customer has been assigned inadvertently to an inaccessible room and an accessible room cannot be found in the same facility, the facility will make all reasonable and diligent efforts to locate suitable accommodations elsewhere and will pay any difference between the cost of these accommodations and its own room rates;

g. That the same efforts will be made to find suitable lodging at another facility for a customer with a disability--whose reservation of an accessible room cannot be honored because a customer has held over in an accessible room past his or her reservation date--as are made for non-disabled customers similarly situated; and

h. That reasonable efforts, including requesting non-disabled persons occupying accessible rooms to move to available inaccessible rooms, will be made to assign a customer with a disability who does not have a reservation to an accessible room.

7. Upon completion of the actions required by paragraph 6, the Ramada Maingate/Saga Inn shall notify the Department of Justice that it has fulfilled its obligations.

IV. Implementation

8. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any provision thereof has been violated, it may institute a civil action in the appropriate Federal district court, following written notice to the Ramada Maingate/Saga Inn, 1650 South Harbor Boulevard, Anaheim, CA 92802, of the possible violation and a period of twenty (20) days in which the Ramada Maingate/Saga Inn has the opportunity to cure the first alleged violation. The Attorney General is authorized to seek civil penalties pursuant to 42 U.S.C. § 12188(b)(2)(C). For any subsequent alleged violations of this Agreement, the Department may institute a civil action against the Ramada Maingate/Saga Inn without any waiting period for the hotel to remedy the alleged violation.

9. 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 shall not be construed as a waiver of the Departments of Justices right to enforce other deadlines and provisions of this agreement.

10. This Agreement is a public document. A copy of this Agreement or any information contained herein may be made available to any person. The Department shall provide a copy of this Agreement to any person upon request.

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

12. The signer of this document for the Ramada Maingate/Saga Inn represents that he is authorized to bind the Ramada Maingate/Saga Inn to this Agreement.

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. This Agreement is limited to the facts as set forth herein and it does not purport to remedy any other potential violations of the ADA or any other Federal, State or local law. This Agreement does not affect the Ramada Maingate/Saga Inn continuing responsibility to comply with all aspects of title III of the ADA.

For the United States:

Bill Lann Lee

Acting Assistant Attorney General for Civil Rights

By:_____________________________ Date: _________________

John L. Wodatch, Chief

Renee Wohlenhaus, Deputy Chief

Susan B. Reilly, Supervising Attorney

Lisa M. Levine, Investigator

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66738

Washington, D.C. 20035-6738

(202) 616-5576

By: ____________________________ Date: ___________________

Earl Garr, General Manager

Ramada Maingate/Saga Inn

650 South Harbor Blvd.

Anaheim, California 92802

(714) 772-0440

Updated August 6, 2015

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