You are on page 1of 24

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF KENTUCKY


PIKEVILLE DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. )
)
) Civil Action No.: 96-26
DAYS INNS OF AMERICA, INC., )
HOSPITALITY FRANCHISE )
SYSTEMS, INC., HAZARD )
MANAGEMENT GROUP, INC., )
J. DOUGLAS KIDD, and )
NAPIER & SEBASTIAN CONSTRUCTION, )
)
)
Defendants. )
)
CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTS
HAZARD MANAGEMENT GROUP, INC., J. DOUGLAS KIDD,
AND NAPIER & SEBASTIAN CONSTRUCTION
A. Background
1. On February 8, 1996, the United States filed an action
to enforce title III of the Americans with Disabilities Act of
1990 (the "ADA" or the "Act"), 42 U.S.C. SS 12181 through 12189,
against Hazard Management Group, Inc., the owner of a Days Inn
hotel at 359 Morton Boulevard in Hazard, Kentucky, ("the hotel"
or the "Hazard Days Inn"), J. Douglas Kidd, the architect of and
for the Days Inn Hotel in Hazard, and Napier & Sebastian
Construction, the general contractor for the Hazard Days Inn.
2. On or about September 26, 1994, representatives of the
United States Department of Justice visited and inspected the
Hazard Days Inn, as part of an investigation of the hotel
conducted pursuant to the Department of Justice's authority to
01-01406
review the compliance of entities covered by title III of the
ADA, 42 U.S.C. S 12188(b)(1)(A)(i).
3. As a result of its investigation, including its
inspection of the hotel, the Department of Justice identified
several features, elements, and spaces of the Hazard Days Inn
which failed to comply with the ADA's Standards for Accessible
Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). A list
of features, elements, and spaces of the hotel which did not
comply with the Standards is attached hereto as Exhibit 1.
4. In an effort to resolve their differences
expeditiously, plaintiff United States and defendants Hazard
Management Group ("HMG"), J. Douglas Kidd ("Kidd"), and Napier &
Sebastian Construction ("Napier"), have engaged in good faith
negotiations. As a result of those negotiations, those parties
have agreed to enter into this jointly proposed Consent Order and
Final Judgment as to Defendants Hazard Management Group, Inc., J.
Douglas Kidd, and Napier & Sebastian Construction.
5. As specified below, defendants HMG, Kidd, and Napier
have agreed to remedy each of the violations of the Standards set
out in Exhibit 1.
B. Agreement of the Parties
Accordingly, by consent of plaintiff United States and
defendants HMG, Kidd, and Napier, it is hereby ORDERED and
ADJUDGED that:
-2-
01-01407
1. This court has jurisdiction of this action under 42
U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345. The
court may grant declaratory and other relief pursuant to 28
U.S.C. SS 2201 and 2202.
2. Venue is proper in this district.
3. The Hazard Days Inn is a non-residential facility whose
operations affect commerce. As such, it is a commercial facility
within the meaning of section 303(a) of the Act. 42 U.S.C.
S 12183(a). In addition, because the Hazard Days Inn is a place
of lodging, it is also a public accommodation within the meaning
of section 303(a) of the Act. Id.
4. The last building permit for the Hazard Days Inn was
applied for on or about April 28, 1993.
5. The first Certificate of Occupancy for the Hazard Days
Inn was issued on or about January 3, 1994.
6. Defendant Hazard Management Group, Inc. ("HMG"), is a
private entity which owns the Hazard Days Inn. Defendant HMG
initiated, contracted for, or participated in all aspects of the
design and construction of the hotel.
7. Defendant J. Douglas Kidd ("Kidd"), is a private entity
engaged in the business of providing architectural and design
specification services. Kidd participated in the design and
construction of the Hazard Days Inn by designing the hotel.
8. Defendant Napier & Sebastian Construction ("Napier"),
is a private entity engaged in the business of providing general
-3-
01-01408

contracting services. Napier participated in the design and


construction of the Hazard Days Inn by constructing the hotel.
9. The Hazard Days Inn is not readily accessible to or
usable by individuals with disabilities, as required by section
303(a)(1) of the Act, 42 U.S.C. S 12183(a)(1). The hotel fails
in numerous respects to comply with the Department of Justice's
regulation implementing title III of the ADA, 28 C.F.R. Part 36,
("the regulation"), including the Standards for Accessible
Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28
C.F.R. SS 36.401, 36.406. A list of features, elements, and
spaces of the hotel which do not comply with the Standards is
attached hereto as Exhibit 1.
10. The failures of defendants HMG, Kidd, and Napier to
design and construct the Hazard Days Inn to be readily accessible
to and usable by individuals with disabilities constitute a
pattern or practice of discrimination within the meaning of 42
U.S.C. S 12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a).
11. The failures of defendants HMG, Kidd, and Napier to
design and construct the Hazard Days Inn to be readily accessible
to and usable by individuals with disabilities constitute
unlawful discrimination that raises an issue of general public
importance within the meaning of 42 U.S.C. S 12188(b)(1)(B)(ii)
and 28 C.F.R. S 36.503(b).
12. Not later than April 1, 1997, defendants HMG, Kidd, and
Napier will remedy each and every failure to comply with the
Standards identified in Exhibit 1. Set forth in Exhibit 2 are
-4-
01-01409

the specific actions to be taken, and, where appropriate, the


architectural plans to be followed by the defendants to remedy
the failures to comply with the Standards identified in Exhibit
1. The actions specified in Exhibit 2 are numbered to correspond
to the violations identified in Exhibit 1.
13. Not later than June 1, 1997, defendants HMG, Kidd, and
Napier shall provide to counsel for the United States a report on
the status of their compliance with this order. The report shall
indicate which steps specified in Exhibit 2 have been completed.
If any steps have not been completed, the report shall so
indicate and explain why such steps have not been completed.
14. The parties hereto shall negotiate in good faith to
resolve any dispute relating to the interpretation or
implementation of this order before bringing the matter to the
Court's attention.
15. The Court shall retain jurisdiction of this action to
enforce the provisions of this order through December 31, 1999,
after which time all of its provisions shall be terminated,
unless the Court determines it is necessary to extend any of its
requirements, in which case those requirements shall be extended.
16. This agreement relates solely to the facts and events
alleged in the United States' complaint and shall govern the
compliance of defendants HMG, Kidd, and Napier with the ADA's
Standards for Accessible Design at the Hazard Days Inn. This
agreement does not address, and shall not be construed to
address, any other issues of ADA compliance at the Hazard Days
-5-
01-01410
Inn, or at any other commercial facility or place of public
accommodation designed and constructed by defendants HMG, Kidd or
Napier, or any other violations of federal law.
17. This instrument reflects the entire agreement between
the parties hereto.
SO ORDERED this 6th day of May, 1996.
United States District Judge
-6-
01-01411
Agreed and Consented to:
For Plaintiff United States of America:
THOMAS M. CONTOIS
ALYSE S. BASS
KEN S. NAKATA
Attorneys
Disability Rights Section
Civil Rights Section
U.S. Department of Justice
Post Office Box 66738
Washington, D.C. 20035-6738
(202) 514-6014
(202) 616-9511
(202) 307-2322
For Defendant Hazard Management Group, Inc.:
WILGUS J. NAPIER, Vice President
Hazard Management Group, Inc.
359 Morton Boulevard
Hazard, Kentucky 41701
(606) 436-4777
For Defendant J. Douglas Kidd:
J. DOUGLAS KIDD
956 Jane Drive
Xenia, Ohio 45385
(513) 372-4367
For Defendant Napier & Sebastian Construction:
WILGUS J. NAPIER, Partner
Napier & Sebastian Construction
951 Amlin Drive
Xenia, Ohio 45385
(513) 372-9453
01-01412
EXHIBIT 1
Failures to comply with the ADA's Standards for Accessible Design
identified by the U.S. Department of Justice
at the Hazard Days Inn
1. Parking and passenger loading zone violations
a. There are too few accessible parking spaces. There are
68 spaces in the lot; the Standards require three
accessible spaces, including at least one van
accessible space. Standards S 4.1.2(5). While three
spaces are designated accessible, one of them does not
comply with the requirements of the Standards, as
specified in item 1.b., below.
b. One of the three spaces designated accessible does not
have an access aisle, and does not adjoin an accessible
route to either the main lobby entrance or the
entrances to the accessible guest rooms. Standards
S 4.6.3.
c. None of the spaces designated accessible has a sign
designating it "van accessible." Standards
SS 4.1.2(5), 4.6.4.
d. There is inadequate vertical clearance at the passenger
loading zone. Standards S 4.6.5.
e. The passenger loading zone at the front entrance to the
hotel lobby does not have a demarcated access aisle,
and there is no curb ramp at the curb adjacent to the
passenger loading zone. Standards S 4.6.6.
2. Exterior route violations
a. The curb ramps from the parking lot to the walkways on
either side of the building are too steep, and have
side flares that are too steep. Standards SS 4.7.2,
4.7.5.
b. Several objects along the hotel's exterior walkways
protrude more than 4" into the walkways, including the
fire extinguisher cabinets and an electrical service
box. Standards S 4.4.1.
c. The doors to various electrical, mechanical, and
storage rooms on the first and second floors have
hardware that requires tight grasping, pinching, or
twisting of the wrist. Standards S 4.13.9.
01-01413

d. There is inadequate maneuvering clearance on the pull


side of the exterior door to the vending machine room.
Standards S 4.13.6.
3. Violations at exterior stairs
a. The handrails on each of the hotel's stairways are not
continuous on their inside run, do not have adequate
horizontal extensions at the top and bottom risers, and
are mounted at the wrong height. Standards S 4.9.4.
b. The design of the exterior stairways reduces vertical
clearance adjacent to an accessible route to less than
80", but no barrier to warn blind or visually-impaired
persons is provided. Standards S 4.4.2.
4. Entrance and exit violations
a. The exterior entrances to the hotel laundry have doors
that have hardware that requires tight grasping,
pinching, or twisting of the wrist. Standards
S 4.13.9.
b. The exterior entrance to the conference room has a
threshold that is too high, and has hardware that
requires tight grasping, pinching, or twisting of the
wrist. Standards SS 4.1.3(8), 4.13.8, 4.13.9.
5. Front lobby violations
a. The registration desk is too high. Standards S 7.2.
b. There is no visual alarm in the lobby. Standards
S 4.28.1.
6. Interior route violations
a. The gate to the area behind the registration desk is
too narrow, and has inadequate maneuvering clearance on
the pull side. Standards SS 4.13.5, 4.13.6.
EXHIBIT 1
Page 2
01-01404

b. The door from the lobby area to the conference room has
hardware that requires tight grasping, pinching, or
twisting of the wrist. Standards S 4.13.9.
c. The door from the lobby area to the hotel laundry has
hardware that requires tight grasping, pinching, or
twisting of the wrist. Standards S 4.13.9.
d. The door from the lobby area to the linen storage area
has hardware that requires tight grasping, pinching, or
twisting of the wrist. Standards S 4.13.9.
7. Public and common use toilet room violations
a. The sign for the lobby restroom does not have raised
and Braille characters, and is not mounted on the wall
adjacent to the door of the restroom. Standards
SS 4.30.4, 4.30.6.
b. The door to the lobby restroom swings into the clear
floor space required at both the toilet and the
lavatory. Standards SS 4.22.2, 4.22.3.
c. There is no unobstructed turning space in the lobby
restroom. Standards S 4.22.3.
d. The toilet in the lobby restroom is too close to the
side wall. Standards S 4.16.2.
e. The angled support for the lavatory in the lobby
restroom encroaches into the clear floor space required
at the toilet. Standards S 4.16.2.
f. The toilet in the lobby restroom is too low. Standards
S 4.16.3.
g. The toilet in the lobby restroom does not have grab
bars. Standards S 4.16.4.
h. The lavatory in the lobby restroom does not provide
adequate knee clearance. Standards S 4.19.2.
i. The lavatory in the lobby restroom has hardware that
requires tight grasping, pinching, or twisting of the
wrist. Standards SS 4.19.5, 4.27.4.
EXHIBIT 1
Page 3
01-01405
j. The hot water and drain pipes under the lavatory in the
lobby restroom are not insulated or otherwise
configured to protect against contact. Standards
S 4.19.4.
k. The paper towel dispenser in the lobby restroom is too
high. Standards S 4.27.3.
l. There is no unobstructed turning space in the bathroom
adjoining the conference room. Standards S 4.23.3.
m. The angled support for the lavatory in the bathroom
adjoining the conference room encroaches into the clear
floor space required at the toilet. Standards
S 4.16.2.
n. The grab bars for the toilet in the bathroom adjoining
the conference room are too short. Standards S 4.16.4.
o. The lavatory in the bathroom adjoining the conference
room does not provide adequate knee clearance.
Standards S 4.19.2.
p. The paper towel dispenser in the bathroom adjoining the
conference room is too high. Standards S 4.27.3.
q. There is no seat for the bathtub in the bathroom
adjoining the conference room. Standards S 4.20.3.
r. The grab bars in the bathtub in the bathroom adjoining
the conference room are too short. Standards S 4.20.4.
s. The controls for the bathtub in the bathroom adjoining
the conference room are improperly located. Standards
S 4.20.5.
t. The bathtub in the bathroom adjoining the conference
room does not have a shower spray unit that can be used
both as a fixed shower head and as a hand-held shower.
Standards S 4.20.6.
8. Violations in public and common use rooms and spaces
a. There are no visual alarms in several public and common
use rooms and spaces, including the conference room,
the lobby restroom, the bathroom adjoining the
EXHIBIT 1
Page 4
01-01406
conference room, the vending machine room, and the
hotel laundry room. Standards S 4.28.1.
9. Violations with respect to guest rooms generally
a. The guest room number signs do not have raised and
Braille characters, and are not mounted on the wall
adjacent to the door for each guest room. Standards
SS 4.30.4, 4.30.6.
b. There are an inadequate number of accessible guest
rooms. The hotel has 60 guest rooms and suites; the
Standards require three accessible guest rooms, and a
fourth guest room with a roll-in shower. The hotel has
three guest rooms designated accessible; none has a
roll-in shower. Standards S 9.1.2.
c. The guest rooms designated accessible are not dispersed
among the various classes of sleeping accommodations
available to patrons of the hotel, as specified below.
Standards S 9.1.4.
i) Each of the three guest rooms designated
accessible has only one bed. The hotel has at
least 34 rooms with two beds, but none of those
rooms is accessible.
ii) The hotel has several suites with whirpool tubs,
but none of these suites is accessible.
iii) The hotel has at least three rooms with microwave
ovens and refrigerators, but none of these rooms
is accessible.
d. The hotel has too few rooms with visual alarms and
notification devices. The Standards require a hotel
with 60 rooms to have seven rooms with visual alarms
and notification devices. The hotel has visual alarms
in three rooms, and does not have any rooms with
notification devices. Standards SS 9.1.2, 9.1.3, 9.3.
e. The doors to the bathrooms in the guest rooms not
designated accessible are too narrow. Standards
SS 4.13.5, 9.4.
EXHIBIT 1
Page 5
01-01407

10. Violations with respect to guest rooms designated accessible


-- Rooms 101, 102, and 116
a. The deadbolts on the doors to guest rooms 101, 102, and
116 require tight grasping, pinching, or twisting of
the wrist. Standards S 4.13.9.
b. There is no accessible route in guest rooms 101, 102,
and 116, because there is inadequate clear width
between the foot of the bed and the credenza opposite.
Standards S 9.2.2(2).
c. The operating controls for the lamps and air
conditioners in guest rooms 101, 102, and 116 require
tight grasping, pinching, or twisting of the wrist.
Standards S 4.27.4.
d. The clothes rods and shelves in guest rooms 101, 102,
and 116 are too high, and protrude more than 4" from
the wall. Standards SS 4.4.1, 4.25.3.
e. The towel racks above the toilets in the bathrooms in
guest rooms 101, 102, and 116 do not have adequate
clear floor space. Standards S 4.25.2.
f. The toilets in the bathrooms in guest rooms 101, 102,
and 116 are not at the correct distance from the side
walls. Standards S 4.16.2.
g. The grab bars for the toilets in guest rooms 101, 102,
and 116 are too short. Standards S 4.16.4.
h. The toilet paper dispensers in the bathrooms in guest
rooms 101, 102, and 116 are improperly located.
Standards S 4.16.6.
i. The bathtubs in guest rooms 101, 102, and 116 do not
have seats. Standards S 4.20.3.
j. The side grab bars in the bathtubs in guest rooms 101,
102, and 116 are too short. Standards S 4.20.4.
k. The controls for the bathtubs in guest rooms 101, 102,
and 116 are improperly located. Standards S 4.20.5.
l. The lavatories in guest rooms 101, 102, and 116 have
inadequate knee clearance. Standards S 4.19.2.
EXHIBIT 1
Page 6
01-01408

EXHIBIT 2
Actions to be taken by defendants
Hazard Management Group, Inc., J. Douglas Kidd, and
Napier & Sebastian Construction to remedy failures to comply
with the ADA's Standards for Accessible Design
as set out in Exhibit 1
1. Parking and passenger loading zone violations
a., b. and c. Three accessible parking spaces, including
one van accessible parking space, will be
provided as shown in Drawing 9 attached
hereto.
d. and e. A 60 inch wide access aisle will be provided
under the entry canopy parallel to the front
of the hotel. A ramp providing access from
the access aisle to the walkway in front of
hotel, will be provided as shown in Drawing 9
attached hereto.
2. Exterior route violations
a. New built-up curb ramps, complying with the Standards,
shall be provided as shown in Drawing 9 attached
hereto.
b. Fire extinguisher cabinets will either be relocated out
of the path of travel, or will be made cane detectable
(either by lowering them to a position at which their
bottom edge is no more than 27" above the walking
surface, or by providing a cane-detectable barrier
below the cabinet). Other objects, such as the
electrical service will be "boxed-out" from the lowest
edge downward to a point 27 inches (or lower) from the
walking surface. The modifications will comply with
Standards S 4.4.1, Figures 8(a) and (b).
c. Doors to the four electrical, mechanical and storage
rooms, both floors, will have the knob changed to a
lever-operated type in compliance with Standards
S 4.13.9.
d. Maneuvering clearance at Vending Machine Room door will
be increased in accordance with Figure 25 of the
Standards by providing additional concrete slab width
of approximately 27 inches.
01-01409

3. Violations at exterior stairs


a. Handrails at each exterior stair shall be brought into
compliance with the Standards' requirements for mounting
heights and horizontal extensions, as shown in Drawings
7 and 8 attached hereto.
b. A cane-detectable barrier will be provided under the
exterior stairs in accordance with Standards S 4.4.2,
as shown in Figure 8(c-1).
4. Entrance and exit violations
a. Both exterior doors to the laundry room will have the
knob changed to a lever-operated type in compliance
with Standards S 4.13.9.
b. The exterior door to the conference room will have the
knob changed to a lever-operated type in compliance
with Standards S 4.13.9. The threshold at this door
will be replaced with one not exceeding one-half inch
high, in compliance with Standards S 4.13.8.
5. Front lobby violations
a. Equivalent facilitation at the registration desk will
be provided in conformance with Standards
S 7.2(2)(iii). This added feature will consist of a
folding shelf attached to the main desk, at a mounting
height not to exceed 36 inches, on which an individual
with a disability can write.
b. A visual alarm conforming to Standards S 4.28.3 will be
incorporated into the alarm system serving the lobby.
6. Interior route violations
a. Gate will be widened to provide 32" clear opening
width, and double-acting hinge will be added, creating
a two-way swing, eliminating the "pull side" with both
sides of the gate becoming a "push side," all of which
is shown in Drawing 5 attached hereto.
EXHIBIT 2
Page 2
01-01410
b., c. and d. The doorknobs on these doors will each
be changed to a lever-operated type
complying with Standards S 4.13.9.
7. Public and common use toilet room violation
a. through k. Because the toilet room adjoining the
conference room also opens onto and
serves the lobby, and will be modified
to be fully accessible (see 7.1. through
t., below), the existing lobby restroom
will be closed and the fixtures removed.
l. through t. This bathroom will be converted to a
toilet room serving both the lobby and
the conference room, as shown in
Drawings 5 and 6 attached hereto.
8. Violations in public and common use rooms and spaces
a. Visual alarms complying with Standards S 4.28.3 will be
incorporated into the alarm system serving these areas.
9. Violations with respect to guest rooms generally
a. All guest room number signs will be supplemented with a
sign incorporating raised and Braille characters in
compliance with the Standards, and will be mounted in
the location and at the height specified by the
Standards.
b. Guest room 117 will be converted into an accessible
guest room complying with the requirements of the
Standards, as shown in Drawing 1 attached hereto, so
that there will be four accessible guest rooms. In
addition, in one of the guest rooms currently
designated for use by individuals with disabilities,
the bathtub unit will be removed and a roll-in shower
complying with the Standards will be installed, as
shown in Drawing 2 attached hereto.
c. Accessible guest rooms will be dispersed among the
various classes of sleeping accommodations as specified
below, so that guests with disabilities will have a
EXHIBIT 2
Page 3
01-01411
range of options equivalent to that offered to other
guests of the hotel.
i) A second bed will be provided in one of the
accessible guest rooms.
ii) Room 117, which is being converted to an
accessible guest room, has and will retain a
whirlpool tub.
iii) A microwave oven and refrigerator will be provided
in one of the accessible guest rooms.
d. Visual alarms connected to the building alarm system
and complying with Standards SS 4.28.3 and 4.28.4 will
be provided in a total of seven guest rooms, including
the four accessible guest rooms. Visual notification
devices as required by Standards S 9.3 will also be
provided for a total of seven guest rooms.
e. All of the guest rooms on the first floor of the hotel
shall be modified in one of the ways shown in Drawing 4
attached hereto, to provide bathroom doors complying
with Standards SS 4.13.5 and 9.4.
10. Violations with respect to the guest rooms designated
accessible -- Rooms 101, 102, and 116
a. Deadbolts complying with the requirements of the
Standards shall be provided in the accessible guest
rooms.
b. The furniture in the accessible guest rooms will be
replaced or repositioned to provide an accessible route
within the guest rooms complying with the requirements
of the Standards.
c. The on/off switches for the lamps in the accessible
guest rooms will be replaced with rocker or push-button
switches complying with the Standards. With respect to
the controls for the heating and air-conditioning
units, the parties hereto will use their best efforts
to identify auxiliary controls which may be affixed to
or used with the existing units, and which will make
those units operable with one hand, without tight
grasping, pinching, or twisting of the wrist, as
EXHIBIT 2
Page 4
01-01412

required by the Standards. If such auxiliary control


mechanisms are identified, the defendants hereto will
provide them in the accessible guest rooms.
d. Clothes rods and shelves will be lowered, to bring them
into compliance with Standards S 4.25.3. A stub wall
will be constructed next to the shelf unit, effectively
removing the shelf unit from being in the path of the
walking surface. These changes are shown in Drawing 3
attached hereto.
e. The towel racks above the toilets will be relocated to
a bathroom wall with clear floor space in front of the
towel rack of at least 30 inches by 48 inches
conforming to Standards S 4.25.2. Location will be
determined in the field and will comply with the
guidance of Standards Figure 5(a), 6(a), 6(b), or 38.
f. By means of removing or adding furring and drywall as
necessary, the centerlines of the toilets in each of
the accessible guest rooms, including guest room 117,
will be brought to within one-half inch of 18 inches
from the finished surface of the side walls.
g. The grab bars in the accessible guest rooms will be
replaced or otherwise made to comply with the
requirements of the Standards, including Figures 29(a)
and (b).
h. The location of the toilet paper dispensers in these
bathrooms will be changed to comply with Standards
Figure 29(b).
i. Seats complying with Standards S 4.20.3 shall be
provided for each accessible guest room with a bathtub.
j. The bathtubs in each accessible guest room, including
guest room 117, will be fitted with grab bars at the
side, head and foot conforming in length and position
to Standards Figure 34(a).
k. The controls for the bathtubs in each accessible guest
room with a bathtub will be relocated to the position
shown in Standards Figure 34.
l. The lavatories will be remounted or replaced to provide
knee space complying with Standards Figure 31.
EXHIBIT 2
Page 5
01-01413

(DRAWINGS) CONVERSION OF ROOM 117 TO ACCESSIBLE GUEST ROOM


01-01414
​(DRAWINGS) CONVERSION OF ROOM 116 TO ACCESSIBLE GUEST ROOM
WITH ROLL-IN SHOWER
01-01415
​(DRAWINGS) RECONFIGURATION OF ROOM 101 TO PROVIDE SECOND
BED IN ACCESSIBLE
GUEST ROOM
01-01416
​(DRAWINGS) 1st FLOOR GUEST ROOM BATH RECONFIGURATION
01-01417
​(DRAWINGS) 1st FLOOR LOBBY MODIFICATIONS
01-01418
​(DRAWINGS) PUBLIC/LOBBY BATH ROOM RECONFIGURATION
01-01419
​(DRAWINGS) CENTER STAIR HANDRAIL MODIFICATION &
RECONFIGURATION
01-01420
​(DRAWINGS) TYPICAL FRONT & REAR STAIR HANDRAIL
MODIFICATION
01-01421
​(DRAWINGS) CURB RAMP CONSTRUCTION & HANDICAP PARKING
MODIFICATIONS
01-01422
​ UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION
UNITED STATES OF AMERICA )
)
Plaintiff, )
)
vs. )
) Cause No. EV-96-28-C
DAYS INNS OF AMERICA, INC., )
HOSPITALITY FRANCHISE SYSTEMS, )
INC., SARP, LTD., AND )
JOHN HEARD ASSOCIATES, INC., )
)
Defendants. )
JOINT MOTION FOR ENTRY OF SETTLEMENT AGREEMENT
Plaintiff, the United States of America, and Defendant, Sarp, Ltd.,
parties to this action
jointly move this Court to approve and enter the attached Settlement Agreement
resolving this
case as to the Defendant, Sarp, Ltd. In support of this Motion, the parties
jointly represent to the
Court as follows:
1. The parties are desirous of resolving this matter without the
burden and expense of
further litigation.
2. The intent of the Americans with Disabilities Act of 1990, as
amended, 42 U.S.C.
S 12101, et. seq., will be effectuated by entry of the aforementioned
Settlement Agreement
3. This Settlement Agreement is intended to and does resolve all
matters in dispute
between the Plaintiff and the named Defendant, Sarp, Ltd. as provided for in
the Settlement
Agreement.
01-01423

WHEREFORE, the parties jointly request that this Court approve and
enter the attached
Agreement.
Respectfully submitted,
Agreed to:
For Plaintiff United States of America:
TIM A. BAKER
ROBERTA STINAR KIRKENDALL Assistant U.S. Attorney
Attorney Southern District of Indiana
Civil Rights Division 46 E. Ohio Street
U.S. Department of Justice Indianapolis, Indiana 46240
P.O. Box 66738 (317) 226-6333
Washington, D.C. 20035-6738
(202) 307-0986
For Defendant SARP, Ltd.:
WM. MICHAEL SCHIFF, Attorney for SARP, Ltd.
MARY LEE FRANKE, Attorney for SARP, Ltd.
Ziemer, Stayman, Weitzel & Shoulders
Post Office Box 916
Evansville, IN 47706-0916
(812) 424-7575
01-01424

You might also like