US Department of Justice Civil Rights Division - Letter - disd2

8/14/2019 US Department of Justice Civil Rights Division - Letter - disd2

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Department of JusticeFOR IMMEDIATE RELEASE CRTHURSDAY, JUNE 26, 1997 (202) 616-2765

TDD (202) 514-1888COURT APPROVES AGREEMENT BETWEEN JUSTICE DEPARTMENT

AND SOUTHDAKOTA DAYS INN HOTEL

WASHINGTON, D.C. -- The owners, architect, and contractor ofthe Days Inn hotel in Wall, South Dakota, will take steps to makethe hotel more accessible to guests with disabilities under anagreement reached with the Justice Department.

The settlement, filed June 5 in U.S. District Court in SouthDakota, resolves the February 1996 suit which charged that the

hotel had not been built according to architectural guidelinesset forth under the Americans with Disabilities Act (ADA). Thiscase, filed together with similar suits against four other DaysInn hotels, was the first to be filed by the Justice Departmentchallenging the construction and design of a building built afterthe landmark disabilities law went into effect.

The five suits alleged Days Inn of America, Inc., its parentcompany HFS Incorporated and the owners, architects, andcontractors of each of five individual hotels - in Wall, SouthDakota; Willows, California; Champaign, Illinois; Evansville,Indiana; and Hazard, Kentucky; - violated the ADA, which requires

parties that "design and construct" new buildings to comply with(MORE)

01-01323- 2 -

specific architectural standards ensuring that persons withdisabilities can gain access to hotels.

"Parties involved in designing and constructing a buildingthat does not comply with ADA standards for accessibility shouldonly naturally participate in the remedy," said Isabelle KatzPinzler, Acting Assistant Attorney General for Civil Rights who

applauded the cooperation of the parties agreeing to correct ADAviolations at the hotels.Under this recent settlement, the owners, architect, andcontractor of the Wall hotel have agreed to:

* provide parking that is accessible to persons usingwheelchairs;

* provide a path that is accessible from the parking areathrough the entrance of the hotel and public areas toguest rooms, including providing accessible toiletrooms in the public areas;

* provide a choice in room type among accessible rooms


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for guests with disabilities; and,* provide accessible guest rooms which include accessible

bathrooms.Days Inns of America, Inc. and HFS Incorporated have refused

to join in the consent order. That portion of the litigation isongoing.

In addition to the South Dakota agreement, the JusticeDepartment earlier reached agreements to resolve the lawsuitsagainst the owners, architects, and contractors in lawsuits inWillows, California; Champaign, Illinois; and Hazard, Kentucky.Litigation is ongoing in the Evansville, Indiana case.

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Today's agreement stems from an 18-month Justice Departmentinvestigation of 28 newly-built Days Inn hotels which revealedthat all 28 hotels failed to comply with the ADA. The JusticeDepartment immediately engaged in settlement negotiations withthe parties that designed and constructed the hotels and reachedsettlements quickly in many cases.

In addition to the five matters filed in federal court, theDepartment has reached agreements with the owners, architects,and contractors of Days Inn hotels in Fort Stockton, Texas;Elberton, Georgia; and Johnson Creek, Wisconsin.

While Days Inn hotels are not all identical, the JusticeDepartment investigation discovered similar problems throughoutthe chain. These included, among other things, the lack ofaccessible parking, entrances, and bathrooms. The JusticeDepartment also found that guest rooms lacked sufficient spacefor wheelchairs, visual alarms for people who are deaf or hard ofhearing, and accessible mechanical switches for things such asair conditioner controls, lamps, and security latches.

The ADA, passed in July 1990, prohibits discriminationagainst persons with disabilities. Title III of the Act requiresthat those building and designing public accommodations,including hotels and motels, built after January 1993, complywith certain architectural guidelines known as the ADA'sStandards for Accessible Design. The act also requires thatthose who own, operate, or lease public accommodations take steps

(MORE)01-01325

- 4 -to make their facilities accessible to people with disabilities.The statute authorizes the Attorney General to seek a civilpenalty of up to $50,000 for the first offense.


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Days Inn of America and HFS are included in the litigationbecause they participate in the design of each hotel by providingprototype plans, imposing detailed design requirements on allDays Inn hotels, reviewing and approving the architectural plansfor every hotel prior to construction, and inspecting andapproving completed facilities prior to their opening.

The Justice Department has engaged in an extensivenationwide education campaign to inform Americans about theirrights and obligations under the law. Since the law went intoeffect, the Department has reached out to builders, architects,and hotel and motel operators to make certain they know about thelaw.

As part of its public education campaign, the JusticeDepartment has created a public service announcement advertising

a toll-free ADA hotline and established an ADA home page on theWorld Wide Web. The ADA hotline number is 1-800-514-0301 or(TDD) 1-800-514-0383 and the home page address ishttp://www.usdoj.gov/crt/ada/adahom1.htm

# # #97-26601-01326

UNITED STATES DISTRICT COURTDISTRICT OF SOUTH DAKOTA

WESTERN DIVISION

UNITED STATES OF AMERICA, ))

Plaintiff, ))) No.: CV 96-5012

versus ))

DAYS INNS OF AMERICA, INC., )HOSPITALITY FRANCHISE )SYSTEMS, INC., RICHARD HAUK, )KARLA HAUK, DAVID BAUMANN d/b/a )CAD DRAFTING PLUS, and )DOUBLE H ENTERPRISES, INC., )

)Defendants. )

)CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTS

RICHARD HAUK, KARLA HAUK, DAVID BAUMANN d/b/a/CAD DRAFTING PLUS, AND DOUBLE H ENTERPRISES, INC.

A. Background1. On February 8, 1996, the United States filed an action
http://www.usdoj.gov/crt/ada/adahom1.htm


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to enforce title III of the Americans with Disabilities Act of1990 (the "ADA" or the "Act"), 42 U.S.C. SS 12181 through 12189,against Days Inns of America, Inc., the licensor of the Days Innchain of hotels, HFS Incorporated, the parent company of DaysInns of America, Inc., Richard and Karla Hauk, the owners of aDays Inn hotel on 10th Avenue in Wall, South Dakota ("the hotel"or the "Wall Days Inn"), David Baumann d/b/a CAD Drafting Plus,the architect of and for the Wall Days Inn, and Double HEnterprises, Inc., the general contractor for the Wall Days Inn.

2. On or about September 1, 1994, representatives of theUnited States Department of Justice (the "Department") visited01-01327and inspected the Wall Days Inn, as part of an investigation ofthe hotel conducted pursuant to the Department's authority to

review the compliance of entities covered by title III of theADA, 42 U.S.C. S 12188(b)(1)(A)(i).

3. As a result of its investigation, including itsinspection of the hotel, the Department identified severalfeatures, elements, and spaces of the Wall Days Inn which theDepartment contends fail to comply with the ADA's Standards forAccessible Design, 28 C.F.R. Part 36, Appendix A (the"Standards"). A list of such features, elements, and spaces ofthe hotel is attached hereto as Exhibit 1.

4. In an effort to resolve this matter, plaintiff United

States and defendants Richard and Karla Hauk ("the Hauks"), DavidBaumann d/b/a CAD Drafting Plus ("Baumann"), and Double HEnterprises ("Double H"), have agreed to enter into this jointlyproposed Consent Order and Final Judgment as to defendantsRichard and Karla Hauk, Baumann, and Double H. This agreementrepresents compromises of disputed claims, and does notconstitute, and should not be construed to be, an admission ofliability on the part of any defendant.

- 2 -01-01328

B. Agreement of the PartiesAccordingly, by consent of plaintiff United States and

defendants the Hauks, Baumann, and Double H, it is hereby ORDEREDand ADJUDGED that:

1. This court has jurisdiction of this action under 42U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345. Thecourt may grant declaratory and other relief pursuant to 28U.S.C. SS 2201 and 2202.

2. Venue is proper in this district.3. The Wall Days Inn is a non-residential facility whose

operations affect commerce. As such, it is a commercial facility


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within the meaning of section 303(a) of the Act. 42 U.S.C.S 12183(a). In addition, because the Wall Days Inn is a place oflodging, it is also a public accommodation within the meaning ofsection 303(a) of the Act. Id.

4. The last building permit for the Wall Days Inn wasapplied for on or about December 8, 1992.

5. No certificate of occupancy for the Wall Days Inn wasrequired or issued. Construction was completed and the hotel wasfirst occupied on or after July 1, 1993.

6. Defendants Richard and Karla Hauk are individuals whoown the Wall Days Inn. The Hauks initiated, contracted for, orparticipated in the design and construction of the hotel.

7. Defendant Baumann is an individual engaged in thebusiness of providing architectural and drafting specification

services. Baumann participated in the design and construction of- 3 -

01-01329the Wall Days Inn by designing the hotel. Baumann disputes this,and contends that he is not a proper party to this action. Theparties agree that this issue will be waived by Baumann forpurposes of compromising and settling this action only, but thatthe same shall not constitute a waiver or admission for purposesof any other action to which Baumann is or may be in the futuremade a party.

8. Defendant Double H is a private entity engaged in thebusiness of providing general contracting services. Double Hparticipated in the construction of the Wall Days Inn byconstructing the hotel.

9. The Department contends that the Wall Days Inn is notreadily 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 Department contends that the hotel fails innumerous respects to comply with the Department of Justice'sregulation implementing title III of the ADA, 28 C.F.R. Part 36,("the regulation"), including the Standards for AccessibleDesign, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28C.F.R. S S 36.401, 36.406. A list of features, elements, andspaces of the hotel which the Department contends do not complywith the Standards is attached hereto as Exhibit 1.

10. The Hauks agree to remedy several of the items set outin Exhibit 1; the steps they agree to take are set out inExhibit 2, which is numbered to correspond to Exhibit 1. The

- 4 -01-01330Hauks further agree that all steps specified in Exhibit 2 shall


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be completed by April 30, 2000.11. Baumann agrees to remedy item 8.d. set out in Exhibit

1. The steps Baumann agrees to take are set out in Exhibit 2, initem 8.d., and shall be completed by April 30, 2000. Baumannshall have no further obligations under the terms of this Order.

12. Double H agrees to pay to the Hauks the sum of fourthousand dollars ($4,000.00), which sum shall represent DoubleH's participation in the effort to address the items set out inExhibit 1. Double H shall pay such sum to the Hauks in fourequal installments, with the first payment made on or before thedate six months after the effective date of this agreement, andeach subsequent payment at six month intervals thereafter, exceptthat the final payment shall be made on or before December 31,1999. Upon payment of the final installment, Double H shall have

no further obligations under the terms of this Order.13. Not later than June 1, 1998, the Hauks shall provide to

counsel for the United States a report on the status of theircompliance with those portions of this order for which they areresponsible. The report shall indicate which steps specified inExhibit 2 have been completed.

14. Not later than June 1, 2000, the Hauks shall provide tocounsel for the United States a final report on the status of allparties' compliance with this order. The report shall indicatewhich steps specified in Exhibit 2 have been completed. If any

steps specified in Exhibit 2 have not been completed, the report- 5 -

01-01331shall so indicate and explain why such steps have not beencompleted.

15. In the event that the United States secures a judgmentor settlement requiring Days Inns of America, Inc. (DIA), or HFSIncorporated (HFS), or both of them, to undertake or offer toundertake to remedy any failures to comply with the ADA'sStandards for Accessible Design at the Wall Days Inn, byproviding or installing, or offering to provide or install, anelevator at the Wall Days Inn, the Hauks shall allow DIA or HFS,or both of them, to undertake or pay for the work required by thejudgment or settlement, subject to the Hauks' right reasonably tocontrol the scheduling of such work. The Hauks shall not berequired to incur any financial responsibility for the work inquestion. With respect to the provision of an elevator, theHauks shall have the right to approve the location of any suchelevator, which approval shall not be unreasonably withheld.

16. The parties hereto shall negotiate in good faith toresolve any dispute relating to the interpretation or


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implementation of this order before bringing the matter to theCourt's attention.

17. The Court shall retain jurisdiction of this action toenforce the provisions of this order through December 31, 2000,after which time all of its provisions shall be terminated,unless the Court determines it is necessary to extend any of itsrequirements, in which case those requirements shall be extended.

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18. This agreement relates solely to the facts and eventsalleged in the United States' complaint and shall govern thecompliance of the Hauks, Baumann, and Double H with the ADA'sStandards for Accessible Design at the Wall Days Inn. Thisagreement does not address, and shall not be construed to

address, any future issues of ADA compliance at the Wall DaysInn, or at any other commercial facility or place of publicaccommodation designed and constructed by the Hauks, Baumann, orDouble H, or any other violations of federal law.

19. This agreement contains all of the obligations,requirements and liability that the Hauks, their successors andassigns, Baumann, and Double H have to the United States arisingout of this action or any claimed violation of section 303(a)(1)or 303(b) of the ADA at the Wall Days Inn. The United Statesshall have no right to assert any future claims against the

Hauks, their successors and assigns, Baumann or Double H arisingout of any claimed violation of section 303(a)(1) or 303(b) ofthe ADA at the Wall Days Inn that existed, whether or not it wasdiscovered or discoverable, at or before the date of thisagreement.

20. This agreement also constitutes a full and completesettlement of all issues raised by cross-claims between the Hauksand Baumann, and the Hauks and Double H. Upon execution of thisconsent order, said cross-claims shall be dismissed withprejudice.

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21. This instrument reflects the entire agreement betweenthe parties hereto.

SO ORDERED this day of 1997.United States District Judge

- 8 -01-01334Agreed and Consented to:For Plaintiff United States of America:THOMAS M. CONTOIS DIANA RYAN


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MARGARITA M. PRIETO Assistant U.S. AttorneyAttorneys 226 Federal BuildingDisability Rights Section 515 Ninth StreetCivil Rights Section Rapid City, SD 57701U.S. Department of Justice (605) 342-7822Post Office Box 66738Washington, D.C. 20035-6738(202) 514-6014Signatures continued on next page.

- 9 -01-01335For Defendants Richard and Karla Hauk:KIM RUCKDASCHEL-HALEYJOSEPH A. THOMSON

Lindquist & Vennum P.L.L.P.4200 IDS Center80 South Eighth StreetMinneapolis, MN 55402-2205(612) 371-3211Signatures continued on next page.

-10-01-01336For Defendants Richard and Karla Hauk:DOYLE D. ESTES

Estes, Porter & Delaney510 North CampbellSuite 104Rapid City, SD 57709-0330(605) 343-3534Signatures continued on next page.

-11-01-01337For Defendant David Baumann d/b/a CAD Drafting Plus:FRANK A. BETTMANFinch Bettman Maks, P.C.304 Main StreetPost Office Box 2934Rapid City, South Dakota 57709-2934(605) 348-6547Signatures continued on next page.

-12-01-01338For Defendant Double H Enterprises, Inc.VERONICA L. BOWENBangs, McCullen, Butler, Foye & Simmons, L.L.P.


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818 St. Joseph StreetPost Office Box 2670Rapid City, South Dakota 57709(605) 343-1040

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EXHIBIT 1Items at the Wall Days Inn claimed by

the Department of Justice to be in violation of theADA's Standards for Accessible Design

1. Parking and passenger loading zonea. There are no accessible parking spaces. There are 43

spaces in the lot; the Standards require twoaccessible spaces, including at least one van

accessible space. Standards S 4.1.2(5). While twospaces are designated accessible, neither complies withthe requirements of the Standards, as specified initems 1.b. and c., below.

b. One of the parking spaces designated accessible is notflat and level. Standards S 4.6.3.

c. The parking spaces at the front of the building have noaccess aisles. Standards S 4.6.3.

d. There is no van accessible parking space. Neither ofthe spaces designated accessible has an access aisle

96" wide, and neither has an elevated sign designatingit as a van accessible space. Standards SS 4.1.2(5),4.6.4.

2. Exterior routesa. There is no accessible route from the parking spaces

designated accessible to the front entrance. StandardsS 4.6.2

b. The ramp leading to the front entrance is too steep,has no level landing at the top, has no handrails, andhas a 1/2" change in level that is not beveled.Standards SS 4.5.2, 4.8.1, 4.8.4, 4.8.5, 4.8.6.

c. The walkway along the exterior of the east end of thebuilding has a slope greater than 1:12. This walkwaydoes not comply with the requirements for ramps in thatit is too steep, has no handrails or edge protection,and has an inadequate landing. Standards SS 4.3.8,4.8.

d. Air conditioning and heating units along the exteriorwall at the rear of the building protrude more thanfour inches from the wall. Standards S 4.4.1.

01-011340


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3. Entrances and exitsa. The ground area within the maneuvering clearance

required at the front lobby entrance is not level.Standards S 4.13.6.

4. Front lobbya. The house phone in the lobby vestibule is too high, and

has no volume controls. Standards SS 4.31.3, 4.31.5.5. Interior routes

a. The building has three stories, but has no elevator.Standards S 4.1.3(5).

b. The hardware on the door from the lobby to the hallrequires tight grasping, pinching, or twisting of thewrist. Standards S 4.13.9.

c. The hardware on the door from the lobby to the area

behind the reception desk requires tight grasping,pinching, or twisting of the wrist. StandardsS 4.13.9.

6. Public and common use toilet roomsa. The toilets in both the men's and women's rooms in the

basement are too far from the side wall and too low.Standards SS 4.16.2, 4.16.3.

b. The lavatories in both the men's and women's rooms inthe basement do not provide adequate knee clearance.Standards S 4.19.2.

c. The hardware for the lavatories in both the men's andwomen's rooms in the basement requires tight grasping,pinching, or twisting of the wrist. StandardsS 4.19.5.

d. The mirrors in both the men's and women's rooms in thebasement are too high. Standards S 4.19.6.

EXHIBIT 1Page 2

01-01341e. The paper towel dispensers in both the men's and

women's rooms in the basement are too high. StandardsS 4.23.7.

f. The shower stalls in both the men's and women's roomsin the basement are too small. Standards S 4.21.2.

g. The shower stalls in both the men's and women's roomsin the basement have no seats. Standards S 4.21.3.

h. The controls in the shower stalls in both the men's andwomen's rooms in the basement are too high. StandardsS 4.21.5.

i. The shower stalls in both the men's and women's roomsin the basement have no hand-held spray units.


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Standards S 4.21.6.j. The shower stalls in both the men's and women's rooms

in the basement have curbs that are too high.Standards S 4.21.7.

7. Public and common use rooms and spacesa. The hardware on the doors to the basement laundry and

electrical room, to the storage room at the east stair,and to the second floor storage room require tightgrasping, pinching, or twisting of the wrist.Standards S 4.13.9.

b. The whirlpool in the spa and sauna room is inaccessiblebecause it is mounted on a raised platform, with noramp or lift provided. Standards S. 4.3.8.

c. The controls for the whirlpool require tight grasping,

pinching or twisting of the wrist. Standards S 4.27.4.d. The room identification signs for the restrooms and the

spa room in the basement do not have Braille or raisedletters, and they are not mounted on the wall adjacentto the door for each room. Standards SS 4.30.4,4.30.6.

EXHIBIT 1Page 3

01-01342

e. There are no visual alarms in the men's or women'srooms in the basement, or in the basement laundry andelectrical room. Standards S 4.28.1.


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8. Guest rooms generallya. The guest room number signs do not have Braille or

raised characters, and they are not mounted on the walladjacent to the door for each room. StandardsSS 4.30.4, 4.30.6.

b. The guest rooms designated accessible are not dispersedamong the various classes of sleeping accommodationsavailable to patrons of the hotel. The rooms availableto patrons with disabilities have only one bed, whilethe rooms available to other patrons have either one ortwo beds. Standards S 9.1.4.

c. The hotel has no rooms with notification devices.Standards SS 9.1.2, 9.1.3, 9.3.

d. The doors to the bathrooms in the guest rooms not

designated accessible are too narrow. StandardsSS 4.13.5, 9.4.

9. Guest rooms designated accessible -- Rooms 101 and 103a. The hardware on the door to guest rooms 101 and 103

requires tight grasping, pinching, or twisting of thewrist. Standards S 4.13.9.

b. The clothes rods in guest rooms 101 and 103 are toohigh. Standards S 9.2.2(4).

c. The operating controls for the air conditioning andheating units in guest rooms 101 and 103 require tight

grasping, pinching, or twisting of the wrist.Standards S 4.27.4.

d. There is inadequate clear floor space at the toilets inguest rooms 101 and 103. Standards S 4.16.1.

e. The bathtubs in guest rooms 101 and 103 have no lowside grab bar, and no horizontal grab bars at foot orhead of the tubs. Standards S 4.20.4.

EXHIBIT 1Page 4

01-01343


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f. The controls for the bathtubs in guest rooms 101 and103 are improperly located. Standards S 4.20.3.

g. The operating controls for the showers in guest rooms101 and 103 require tight grasping, pinching, ortwisting of the wrist. Standards S 4.20.3.

h. The towel racks in the bathrooms of guest rooms 101 and103 are too high. Standards S 4.25.3.

i. The lavatories in guest rooms 101 and 103 have

inadequate knee clearance. Standards S 4.19.2.j. The hot water and drain pipes under the lavatories in

guest rooms 101 and 103 are not insulated or otherwiseconfigured to protect against contact, and there is asharp metal tissue box under each of the lavatories.Standards S 4.19.4.

EXHIBIT 1Page 5

01-01344


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EXHIBIT 2Actions to be taken by defendants

Richard and Karla Hauk, or David Baumann,to remedy items set out in Exhibit 1

1. Parking and passenger loading zonea., b., c. and d. The parking area in front of the hotel

will be modified to provide accessibleparking complying with the requirements

of the Standards for Accessible Design,as shown in Drawing B attached hereto.

2. Exterior routesa. and b. The approach to the hotel's main

entrance will be modified to comply withthe requirements of the Standards, asshown in Drawing B attached hereto.

c. The door swing for the exit door at this end of thehotel will be reversed, so that it opens to the south,thus changing the egress path to the south. The egresspath to the south currently complies with therequirements of the Standards.

d. The air conditioning and heating units shall be movedso they do not protrude more than four inches from thewall, or cane-detectable barriers will be providedbelow the air conditioning and heating units, as shownin Drawing D attached hereto.

3. Entrances and exitsa. The ground area within the maneuvering clearance

required at the front lobby entrance will be modifiedto comply with the Standards, as shown in Drawing B


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attached hereto.4. Front lobby

a. The house phone in the lobby vestibule will be loweredso that its highest operable part will be 48" above thefinished floor, and volume controls will be added.

01-01345

5. Interior routesa. Except for the obligations set out in paragraph 15 of

this agreement with respect to the Hauks, thisagreement does not require the Hauks, Baumann, orDouble H to take any action in regard to this item.

b. and c. Hardware complying with the requirements ofthe Standards will be provided on both sidesof these doors.

6. Public and common use toilet roomsa. and b. The men's and women's rooms in the basement

will be modified as shown in Drawing Gattached hereto, or, at the option of Richardand Karla Hauk, the toilet and lavatoryfixtures in both restrooms will be removed.

c. Hardware complying with the requirements of theStandards will be provided for the doors to the men'sand women's rooms in the basement, unless Richard andKarla Hauk opt to remove the toilet and lavatoryfixtures from these restrooms.


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d. An additional mirror will be provided in each of themen's and women's rooms, in compliance with therequirements of the Standards, or the existing mirrorsin the men's and women's rooms will be lowered tocomply with the requirements of the Standards, unlessRichard and Karla Hauk opt to remove the toilet andlavatory fixtures from these restrooms.

e. An additional paper towel dispenser will be provided ineach of the men's and women's rooms, in compliance withthe requirements of the Standards, or the existingdispensers in the men's and women's rooms will belowered to comply with the requirements of theStandards, unless Richard and Karla Hauk opt to removethe toilet and lavatory fixtures from these restrooms.

f. through j. The shower stalls in the men's andwomen's rooms in the basement will beeliminated. The shower stall enclosuresshall be removed and the plumbingcapped.

EXHIBIT 2Page 2

01-01346

7. Public and common use rooms and spacesa. Hardware complying with the requirements of the

Standards will be provided for the storage room at theeast stair and the second floor storage room.With respect to the operating hardware on the doors toelectrical room and laundry room in the basement, thathardware shall be replaced with hardware complying withthe requirements of the Standards, unless Richard andKarla Hauk choose to remove all fixtures and equipment


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from the basement, including, but not limited to, thespa and sauna, and all fixtures in the basementrestrooms.

b. A ramp complying with the requirements of the Standardswill be provided along the north wall of the room, toprovide access to the raised platform, unless Richardand Karla Hauk choose to remove the whirlpool tub.

c. Operating controls that comply with the requirements ofthe Standards will be provided for the whirlpool,unless Richard and Karla Hauk choose to remove thewhirlpool tub.

d. Room identification signs with Braille and raisedletters will be provided for the restrooms and the sparoom in the basement, and will be mounted on the walls

adjacent to the latch sides of the doors, 60 inchesabove the finished floor (measured to the centerlinesof the signs), unless Richard and Karla Hauk choose toremove all fixtures and equipment from this room,including, but not limited to, the whirlpool tub andthe sauna.

e. Visual alarms will be provided in the men's and women'srooms in the basement, and in the basement laundry andelectrical room, unless Richard and Karla Hauk chooseto remove all fixtures and equipment from the basement,

including, but not limited to, the spa and sauna, andall fixtures in the basement restrooms.

EXHIBIT 2Page 3

01-01347


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8. Guest rooms generallya. Guest room number signs with Braille and raised

characters will be provided for all guest rooms, andwill be mounted on the wall adjacent to the latch sideof the door, 60 inches above the finished floor(measured to the centerline of the sign).

b. In order to provide individuals with disabilities arange of options equivalent to those available to otherindividuals served by the hotel, including theopportunity to stay in a sleeping room with two beds,defendants Richard and Karla Hauk shall modify guestroom 103 either 1) to provide two beds in that guestroom, as shown in Drawing E, Option A, attached hereto,

or 2) to provide a connecting door to guest room 105(which connecting door shall comply with therequirements of the Standards), as shown in Drawing E,Option B, attached hereto.In the event that the second of these options is chosen-- providing a connecting door to guest room 105 --then defendants Richard and Karla Hauk further agree toprovide to any guest with a disability who requests anaccessible room with two beds both guest rooms 103 and105 for the price of one room with two beds. The Hauks

shall insure that all of the hotel's front deskpersonnel are aware of this requirement and comply withit. Complying with this requirement will require theHauks to refrain from renting, until all other roomsare rented, not only guest room 103, but also guestroom 105, so that the option of an accessible room withtwo beds will remain available to individuals withdisabilities.

c. Visual notification devices complying with theStandards shall be provided for a total of four guestrooms.

d. Defendant David Baumann shall provide and installbathroom doors complying with the requirements ofStandards S 4.13.5 in five guest rooms (other than theguest rooms designated for use by individuals withdisabilities) on the first floor of the hotel. TheHauks shall have the right to select the guest rooms inwhich such doors will be installed, and shall have theright to approve the scheduling of the work to be done

EXHIBIT 2Page 4


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01-01348

by Baumann, which approval shall not be unreasonablywithheld.

9. Guest rooms designated accessible -- Rooms 101 and 103a. Hardware complying with the requirements of the

Standards will be provided on both sides of the doorsto guest rooms 101 and 103.

b. The clothes rods and shelves in guest rooms 101 and 103will be relocated to positions that comply with therequirements of the Standards.

c. Operating controls that comply with the requirements ofthe Standards will be provided for the air conditioningand heating units in guest rooms 101 and 103.

d. The angled metal supports for the vanities in guestrooms 101 and 103 will be modified so that they do not

encroach into the clear floor space required for thetoilets.

e. Grab bars complying with the requirements of theStandards will be provided in the bathtubs in guestrooms 101 and 103.

f. The controls for the bathtubs in guest rooms 101 and103 will be relocated to comply with the Standards.

g. Operating controls that comply with the requirements ofthe Standards will be provided for the showers in guestrooms 101 and 103.

h. The towel racks in the bathrooms of guest rooms 101 and103 will be lowered so that the tops of the racks are48" above the finished floor.

i. The lavatories in guest rooms 101 and 103 will bemodified to provide the knee clearance required by theStandards.

j. The hot water and drain pipes under the lavatories inguest rooms 101 and 103 will be insulated or otherwiseconfigured to protect against contact. The metaltissue box under each of the lavatories will beremoved.


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EXHIBIT 2Page 5

01-01349

(Form) NEW SITE PLAN01-01350


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(HOUSE PLANS)(FLOOR PLANS)(FLOOR PLANS)

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US Department of Justice Civil Rights Division - Letter - disd2

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