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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
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01-01407
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
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