Settlement Agreement | Subagreements with Franchisees | Department of Justice Press Releases
1. The parties to this Agreement are the United States of America and Bass Hotels & Resorts, Inc. The parties hereby agree as follows:
2. "ADA" means the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and its implementing regulations issued by the United States in effect on the date of the execution of this Agreement.
3. "Alteration," and other forms of "alter," except in reference to a "fundamental alteration," means modification to a facility, which has occurred since January 26, 1992, in a manner that affects or could affect the usability of that facility or part thereof, within the meaning of 42 U.S.C. § 12183(a)(2) and 28 C.F.R. § 36.402.
4. "BHR" means Bass Hotels & Resorts, Inc., the transferee in interest to the license agreements, trademarks and service marks of Holiday Inns, Inc. BHR granted a Master License Agreement to its affiliate, Holiday Hospitality Franchising, Inc.("HHFI"). HHFI currently issues license agreements in the United States.
5. "Guest" means any individual who uses or who attempts to use the goods and services of a Holiday Inn hotel.
6. "Holiday Inn hotel" means any hotel or other facility that uses the registered marks of BHR within the United States, including "Holiday Inn," "Crowne Plaza," "Crowne Plaza Resort," "Holiday Inn SunSpree Resort," "Holiday Inn Select," "Holiday Inn Hotel & Suites," "Holiday Inn Express," "Holiday Inn Express Hotel & Suites," or "Staybridge Suites."
7. "Rules for Operation" refers to the documents bearing this title, or any current equivalent, issued for the various types of Holiday Inn hotels enumerated in Paragraph 6.
8. "Standards" means the provisions of the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, Appendix A, in effect on the date of the execution of this Agreement.
9. "Standards Manual" refers to the documents bearing this title, or any current equivalent, issued for the various types of Holiday Inn hotels enumerated in Paragraph 6.
10. "Title III" means specifically Title III of the ADA, 42 U.S.C. §§ 12181-12189 (1990), and the implementing regulations in 28 C.F.R. Part 36 and Appendix A in effect on the date of the execution of this Agreement.
11. BHR is incorporated under the laws of the State of Delaware, and does business in all fifty of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico. BHR's principal business is to license, currently through HHFI, the use of Holiday Inn trademarks to hotels in the United States that use the registered marks listed in Paragraph 6, above. Secondarily, BHR owns, manages or leases certain hotels in the United States that use the registered marks listed in Paragraph 6, above. BHR is wholly owned by Holiday Corporation, a Delaware corporation, which is wholly owned by Bass U.S.A., Inc., a Delaware corporation.
12. The United States represents that it has received complaints under Title III against Holiday Inn hotels in locations throughout the United States. These complaints alleged violations of the auxiliary aids and services, barrier removal, alterations, and other requirements of Title III, including, but not limited to, violations of 42 U.S.C. §§ 12182(b)(1), 12182(b)(2)(A)(ii)-(iv), and 12183. The United States investigated those complaints, pursuant to the authority granted by 42 U.S.C. § 12188(b) and 28 C.F.R. § 36.502. The United States maintains that it has found violations of Title III at each Holiday Inn hotel listed in Attachments A-C and in separate subagreements between the United States and individual franchisees.
13. In order to redress the alleged violations found at the those facilities identified in Attachments A-C and to demonstrate BHR's commitment that other Holiday Inn hotels throughout the United States should be operating in compliance with the ADA, BHR shall take the steps outlined in Section D, below.
14. In addition, BHR represents that to further demonstrate its commitment to the objectives of the ADA, it has, prior to the date of this Agreement and without DOJ involvement or approval, taken action, including, but not limited to the following: (1) incorporated a provision into its Standards Manual that requires all Holiday Inn hotels to comply with the ADA; (2) incorporated a provision into its Standards Manual that requires all Holiday Inn hotels to provide BHR with certification, in the form of an owner's statement or letter from the architect, engineer, designer or licensed system installer, of ADA compliance for hotel alterations requiring franchisor notification and for new construction; (3) employed a licensed architect experienced in the ADA who is available as a consultant to provide assistance to licensees on ADA issues; (4) purchased and made available to licensees Title I and Title III ADA training videos (produced by the hotel industry under a U.S. Department of Justice ("DOJ") grant) for use in training at the hotel level; (5) made available to individual hotels via a nationwide vendor contract the "Open Doors" program as additional training; (6) made available to each Holiday Inn hotel ADA reference materials including copies of the ADA and the booklet "Accommodating All Guests" (produced by the hotel industry under a DOJ grant); and (7) provided licensees and hotel managers with access links to DOJ's home page, the TDD transfer numbers page and other ADA related websites via the Holiday Inn proprietary website, to serve as a ready reference for hotel staff.
15. This Agreement is not and shall not in any way be construed as an admission by BHR of any unlawful or wrongful acts whatsoever. BHR denies that it or any of its current or former employees or agents has violated the ADA, and enters this Agreement as a means of reaffirming its commitment to equal access to its facilities for all guests of Holiday Inn hotels.
16. All Holiday Inn hotels in the United States are places of lodging and are thus places of public accommodation within the meaning of 42 U.S.C. § 12181(7)(A) and 28 C.F.R. § 36.104. BHR is a public accommodation to the extent that it owns, leases (or leases to), or operates, within the meaning of 42 U.S.C. § 12182(a) and 28 C.F.R. § 36.201(a), Holiday Inn hotels within the United States.
17. The United States enters into this Agreement pursuant to its authority, under 42 U.S.C. § 12188(b) and 28 C.F.R. § 36.503, to enforce the ADA. The parties enter into this Agreement in order to avoid litigation. The parties agree that this Agreement, including, without limitation, any reports made pursuant to it, represents a compromise of claims and/or refers to subsequent remedial measures, and therefore is entitled to protection under Rules 407 and 408 of the Federal Rules of Evidence and similar state statutes or rules of evidence.
18. BHR agrees to comply with the requirements of Title III so that individuals with disabilities are not discriminated against on the basis of disability in the full and equal enjoyment of the offered goods, services, facilities, privileges, advantages, or accommodations of those Holiday Inn hotels that are owned, managed and/or leased by BHR, in accordance with 42 U.S.C. §§ 12182(b)(1)(A)(i), (ii), and 28 C.F.R. § 36.202. BHR also will make available to the general managers of the hotels owned, managed and/or leased by BHR training resources maintained by BHR, architectural assistance through BHR's in-house licensed architect regarding compliance with the ADA and mediation resources as described in Paragraphs 22 and 23 below.
19. For the Holiday Inn hotels listed in Attachments A-C of this Agreement, BHR agrees to perform the modifications described in those Attachments and to certify to the United States in writing, within 60 days from the date specified in each respective Attachment for completion of the modifications, that those modifications have been completed. If BHR has made good faith efforts to complete the modifications, any failure to complete these modifications that is attributable to reasons beyond the control of BHR (e.g., permitting or construction delays, receipt of defective equipment, delivery delays, etc.) shall not be deemed a breach of this Agreement.
20. With respect to hotels that are franchised by BHR, BHR agrees to make available to its franchisees and the general managers of franchised hotels: (1) training resources maintained by BHR; (2) architectural assistance through BHR's in-house licensed architect regarding compliance with the ADA; and (3) mediation resources as described in Paragraphs 24 and 25 below. BHR will also encourage franchised hotels to participate in the mediation program set forth in Paragraph 25 below.
21. The United States has entered and/or anticipates entering separate subagreements with owners, operators or lessees of certain hotels franchised by BHR (hereinafter "subject hotel"). If the United States informs BHR that a subject hotel has failed to comply with the terms of such subagreement, except where such failure is attributable to reasons beyond the control of the subject hotel (e.g., permitting or construction delays, receipt of defective equipment, delivery delays, etc.), BHR will treat such failure as a failure to comply with all governmental requirements, as mandated by the license agreement, which may result in termination of the license agreement. The United States does not waive any rights to enforce the terms of the subagreements by the terms of this Agreement. BHR agrees that it will not object to such action by the United States against the subject hotel. In the event of an enforcement action by the United States against the subject hotel regarding the hotel's compliance with the subagreement, BHR will voluntarily produce to the United States, upon its request and without procedural limitation or court order, all information pertaining to the subject hotel that is properly discoverable under the Federal Rules of Civil Procedure and/or applicable federal or state law.
22. BHR agrees to adopt and publish within six months from the effective date of this Agreement policies regarding a voluntary system of non-binding mediation ("mediation program") for allegations of ADA non-compliance at any Holiday Inn hotel, other than those specific allegations addressed in this Agreement or the separate subagreements between the United States and individual franchisees.
23. With respect to those Holiday Inn hotels owned, leased or managed by BHR, this voluntary, non-binding mediation program will include the following procedures:
a. Complaints regarding compliance with the ADA and pertaining to Holiday Inn hotels owned, leased or managed by BHR will be reviewed initially by BHR directly.
b. Every room specifically designated by a hotel as accessible shall, promptly following the effective date of this Agreement, contain a notice that describes the procedures for reporting any concern or comment about accessibility, including a contact, address and telephone number. BHR has included a similar notice in the directory of hotels, copies of which are available at each hotel and to the general public. BHR also has amended its Rules for Operation for Holiday Inn brand hotels (which includes only those hotels using the registered trademark "Holiday Inn," "Holiday Inn SunSpree Resort," "Holiday Inn Select," "Holiday Inn Hotel & Suites," or "Staybridge Suites"), effective January 1, 1999, to require that as room directories are amended or replaced, and no later than July 1, 1999, a similar notice be included in all room directories. BHR similarly will amend its Rules for Operation for other brand hotels so that a similar notice is included in all room directories no later than September 1, 1999.
c. BHR will respond in writing to complaints regarding accessibility to goods and services at the hotel within 21 days of BHR's receipt of the complaint.
d. If BHR determines that the subject matter does not comply with Title III and/or the ADA Standards and the complaint pertains to goods or services for which BHR is an owner, manager, lessor or lessee, BHR will bring the subject matter of the complaint into compliance with the appropriate ADA standards and/or regulations. The United States and BHR acknowledge that Title III and its implementing regulation establish different standards for new construction and alterations and that existing facilities, as defined in the statute, are only required to eliminate barriers where doing so is readily achievable as required by federal regulations, 28 C.F.R. § 36.304.
e. BHR also will in good faith offer to compensate the guest for his/her damages, if any, caused by this non-compliance. BHR will not be deemed in breach of this provision provided it acts in good faith.
f. If BHR is unable to resolve the matter to the guest's satisfaction, BHR will refer the matter to the mediation program unless BHR in good faith reasonably believes that the complaint is wholly without merit under the ADA and/or is outside the intent of this Agreement (e.g., is being brought for an improper purpose such as to harass BHR, or by an individual who is not a guest as defined in Paragraph 5, above).
g. With respect to complaints referred to the mediation program, BHR will notify the guest in writing of his/her right to a mediation of the dispute. A copy of this notice is attached hereto as Exhibit 1. In the event that the guest does not wish to mediate the dispute or the mediation is unsuccessful, BHR will notify the guest that he/she may wish to seek legal advice or contact the U.S. Department of Justice, which enforces Title III of the ADA, regarding his/her rights under Title III of the ADA. A copy of this notice is attached hereto as Exhibit 2.
h. If BHR in good faith reasonably believes that the complaint is wholly without merit under the ADA and/or is outside the intent of this Agreement, BHR will notify the guest and the United States of its position. BHR also will notify the guest that he/she may wish to seek legal advice or contact the U.S. Department of Justice, which enforces Title III of the ADA, regarding his/her rights under Title III of the ADA.
i. If the guest notifies BHR that he/she wishes to commence mediation, BHR will contact the Mediation Service set forth in paragraph 23(m) below and the Mediation Service will coordinate the mediation. BHR will participate in the mediation and also will encourage any entity with control over the disputed issue, for example management companies, lessors, and lessees, to participate. Nothing in this Agreement requires any such entity to participate in mediation.
j. Mediators shall be selected by the mutual agreement of the guest and BHR. All mediators utilized in the mediation program must have experience in mediation and training or equivalent experience relative to the ADA. If the predominant legal issues presented by the complaint do not arise under the ADA or where the mediation substantially involves issues that are not ADA-related, mediators without ADA training or equivalent experience may be utilized, by agreement of the guest and BHR, after BHR advises the guest of the mediator's lack of ADA training or equivalent experience. Where necessary to evaluate the substantive issues arising in the case, mediators may consult external neutral experts mutually agreed upon by BHR and the guest.
k. The participants will determine by mutual agreement the method and location of the mediation, which will be conducted in person. However, if acceptable to the mediator, any participant may elect to participate in a mediation telephonically or by other means mutually acceptable to all participants. In order to minimize inconvenience to the guest, the location shall be in the division of the federal judicial district where the guest currently resides (or within 50 miles of where the guest resides, whichever is more convenient), unless the participants and the mediator mutually agree on a different location.
l. Guests will not be required to pay for mediation. This means that the guest will not be responsible for the following costs: (1) services of the mediator; (2) auxiliary aids and services necessary due to disability for effective communication during the mediation; (3) telephone charges for telephonic mediations, or other similar charges for alternate means of mediations; and (4) travel expenses, if any, of the mediator to the site of the mediation.
m. BHR will pay $75,000 ($25,000 per year for three years) to a mediation service to establish and administer the mediation program described in this paragraph and Paragraph 25. The currently designated mediation service is the Center for Mediation, Training, Information and the ADA ("Mediation Service"), a program of the Key Bridge Foundation. Nothing in this Agreement requires that BHR and the guest mediate the dispute through the Mediation Service. However, mediators will be selected from the roster of mediators maintained by the Mediation Service unless (a) the predominant legal issues do not arise under the ADA or where the mediation substantially involves issues that are not ADA-related, (b) a roster mediator is not available in the location where the participants have agreed the mediation will occur, or (c) the guest and BHR agree to use a mediator not on the Mediation Service's roster.
n. In the event that the guest and BHR agree to use a mediator outside the Mediation Service, BHR will bear the expense of the mediator's services. BHR will not unreasonably deny the guest's request to use a mediator inside or outside the Mediation Service.
o. For any mediation that results in an agreement among the participants, BHR will satisfy its obligations in accordance with the terms of the mediation agreement.
p. BHR's contract with the Mediation Service will require that for any mediation referred to the Mediation Service in which the mediator determines that an agreement among the parties is not possible, the Mediation Service will notify the guest in writing that he/she may wish to seek legal advice or contact the U.S. Department of Justice regarding his/her rights under Title III of the ADA and that the Department investigates complaints arising under Title III of the ADA. For mediations not conducted through the Mediation Service, BHR will provide this notification to the guest. The notice shall contain the language set forth in Exhibit 3, attached hereto.
24. BHR shall publish and make available to its franchisees and licensees the voluntary, non-binding mediation program set forth in Paragraph 25 of this Agreement and will encourage and recommend that franchisees and licensees participate in the program and utilize the services of the Mediation Service. A description of the mediation program will be included in training provided for general managers and on the proprietary Internet communications interface maintained by BHR for the exclusive use of the general managers of Holiday Inn hotels.
25. With respect to those Holiday Inn hotels that are franchised or licensed by BHR, the mediation program will include the following procedures:
a. Promptly following the effective date of this Agreement, BHR shall distribute to all licensed or franchised hotels a notice that describes the procedures for reporting any concern or comment about accessibility to the general manager of the hotel or to BHR's Guest Relations Department, if the general manager is unavailable, and instruct the hotel to place them in every room specifically designated by a hotel as accessible. BHR will amend its Rules for Operation to require that all Holiday Inn hotels within the United States use this notice in accordance with this Agreement. BHR has included a similar notice in the directory of hotels, copies of which are available at each hotel and to the general public. BHR also has amended its Rules for Operation for Holiday Inn brand hotels (which includes only those hotels using the registered trademark "Holiday Inn," "Holiday Inn SunSpree Resort," "Holiday Inn Select," "Holiday Inn Hotel & Suites," or "Staybridge Suites"), effective January 1, 1999, to require that as room directories are amended or replaced, and no later than July 1, 1999, a similar notice be included in all room directories. BHR similarly will amend its Rules for Operation for other brand hotels so that a similar notice is included in all room directories no later than September 1, 1999.
b. BHR will forward any complaints regarding accessibility to the general manager of the hotel which is the subject of the complaint, or other designee as specified in the license agreement, within 21 days of BHR's receipt of the complaint. The general manager or other officer of the hotel shall respond to the guest in accordance with the Rules for Operation. Upon identifying that the complaint pertains to accessibility, BHR will notify the licensee (or its designee) of such hotel of its obligations under the Rules for Operation or license agreement to comply with the ADA, which may include an obligation to modify any features that fail to comply with the ADA's requirements regardless of any resolution with the guest concerning those features, and the availability of training resources and architectural assistance from BHR. BHR also will request that the licensee or its designee notify BHR of the action taken, if any, within 10 days. The United States and BHR acknowledge that Title III and its implementing regulation establish different standards for new construction and alterations and that existing facilities, as defined in the statute, are only required to eliminate barriers where doing so is readily achievable as required by federal regulations, 28 C.F.R. § 36.304.
c. BHR will notify the guest in writing that his/her complaint has been forwarded to the general manager of the hotel which is the subject of the complaint, or other designee as specified in the license agreement, and provide the address and phone number of the hotel. A copy of this notice is attached hereto as Exhibit 4.
d. If the guest and the subject hotel cannot resolve the dispute or if the subject hotel fails either to respond to BHR or to notify BHR of the action taken, if any, BHR will attempt in good faith to resolve the issue. In the event that BHR's efforts are unsuccessful and mediation has not previously been attempted as described in Paragraph 25 herein, BHR will notify the guest and the licensee (or its designee) of the hotel that mediation with the subject hotel is available upon the mutual agreement of the hotel and the guest. BHR also will notify the guest that he/she may wish to seek legal advice or contact the U.S. Department of Justice, which enforces Title III the ADA, regarding his/her rights under Title III of the ADA. A copy of this notice is attached hereto as Exhibit 5. BHR also will notify the Mediation Service of the dispute, so that the Mediation Service can determine whether the guest and the subject hotel wish to mediate the dispute.
e. The Mediation Service will contact the subject hotel and the guest to determine if mediation is desired. If the guest and the subject hotel agree to commence mediation, the subject hotel will participate in the mediation. The subject hotel also will encourage entities with control over the disputed issue, for example, lessors and lessees, to participate in this mediation. Nothing in this Agreement requires any such entities to participate in the mediation.
f. Mediators shall be selected by the mutual agreement of the guest and the subject hotel. All mediators utilized in the mediation program must have experience in mediation and training or equivalent experience relative to the ADA. If the predominant legal issues presented by the complaint do not arise under the ADA or where the mediation substantially involves issues that are not ADA-related, mediators without ADA training or equivalent experience may be utilized, by agreement of the guest and subject hotel, after the subject hotel advises the guest of the mediator's lack of ADA training or equivalent experience. Where necessary to evaluate the substantive issues arising in the case, mediators may consult external neutral experts mutually agreed upon by the subject hotel and the guest.
g. The participants will determine by mutual agreement the method and location of the mediation, which will be conducted in person. However, if acceptable to the mediator, any participant may elect to participate in a mediation telephonically or by other means mutually acceptable to all participants. In order to minimize inconvenience to the guest, the location shall be in the division of the federal judicial district where the guest currently resides (or within 50 miles of where the guest resides, whichever is more convenient), unless the participants and the mediator mutually agree on a different location.
h. Guests will not be required to pay for mediation. This means that the guest will not be responsible for the following costs: (1) services of the mediator; (2) auxiliary aids and services necessary due to disability for effective communication during the mediation; (3) telephone charges for telephonic mediations, or other similar charges for alternate means of mediations; and (4) travel expenses, if any, of the mediator to the site of the mediation.
i. The subject hotel and the guest may utilize the mediation services provided through the Mediation Service. Nothing in this Agreement requires that the subject hotel and the guest mediate the dispute through the Mediation Service. However, mediators will be selected from the roster of mediators maintained by the Mediation Service unless (a) the predominant legal issues do not arise under the ADA or where the mediation substantially involves issues that are not ADA-related, (b) a roster mediator is not available in the location where the participants have agreed the mediation will occur, or (c) the guest and the subject hotel agree to use a mediator not on the Mediation Service's roster.
j. In the event that the guest and the subject hotel agree to use a mediator outside the Mediation Service, it is BHR's intent that the subject hotel will bear the expense of the mediator's services. It is also BHR's intent that the subject hotel will not unreasonably deny the guest's request to use a mediator inside or outside the Mediation Service.
k. BHR's contract with the Mediation Service will require that for any mediation referred to the Mediation Service in which the mediator determines that an agreement among the participants is not possible, the Mediation Service will notify the guest in writing that he/she may wish to seek legal advice or contact the U.S. Department of Justice regarding his/her rights under Title III of the ADA and that the Department investigates complaints arising under Title III of the ADA. The notice shall contain the language set forth in Exhibit 3, attached hereto.
l. Within 60 days of the effective date of this Agreement, BHR will announce to all franchised and licensed Holiday Inn hotels the forthcoming implementation of the voluntary, non-binding mediation program. BHR will provide the United States with a copy of this notification before it is distributed.
26. The mediation program described in Paragraphs 23 and 25, above will be implemented on a six-month trial basis, after which BHR and the United States will assess whether the mediation program should continue. If after such trial period, and after the United States' annual or semi-annual review described in Paragraph 30, below, the United States or BHR reasonably believes that any aspect of the mediation program is not operating effectively or as intended by the parties, either the United States or BHR may propose amendments to the mediation program portion of this Agreement. Both the United States and BHR will consider in good faith, and respond promptly to, any amendment proposed by the other party. Any and all amendments shall be reduced to writing and signed by both the United States and BHR.
27. Except as indicated in paragraphs 31-32 below, the mediation program and this Agreement do not limit or otherwise affect any rights of private parties or the United States to enforce the ADA through methods other than this mediation program with respect to any Holiday Inn hotel, and this Agreement does not preclude the United States or any other entity from taking action to enforce against Holiday Inn hotels any relevant ADA statutory provisions or regulatory provisions not resolved by this Agreement.
28. For three years from the effective date of this Agreement, BHR will retain all records related to compliance with this Agreement and shall make them available to the United States upon reasonable notice.
29. BHR agrees that its contract with the Mediation Service will require the Mediation Service to provide to the United States, on February 1st and August 1st of each year this Agreement is in effect, a brief report describing the results of each mediation attempt referred to the Mediation Service under Paragraphs 23 and 25. If BHR participates in any mediations outside the Mediation Service, BHR will provide or arrange for the alternate mediator to provide the same information regarding those mediations directly to the United States. This provision does not require BHR to report the results of mediations involving franchised hotels that are conducted outside of the Mediation Service. Because particular mediation results must be kept confidential, these reports will not contain information identifying the participants to the mediation.
30. For three years from the effective date of this Agreement, the United States will review annually or semi-annually the results and effectiveness of the mediation program. This review may include contacting any persons who participated in the mediation to determine their satisfaction with the mediation. For this purpose only, BHR agrees that its contract with the Mediation Service will require the Mediation Service to provide to the United States, on February 1st and August 1st of each year this Agreement is in effect, the names, addresses, and telephone numbers of all persons who attend each mediation referred to the Mediation Service under Paragraphs 23 and 25, including the mediators, provided such persons consent to the release of this information to the United States. If BHR participates in any mediations outside the Mediation Service, BHR will provide or arrange for the alternate mediator to provide the same information regarding those mediations directly to the United States, provided such persons consent to the release of this information to the United States. This provision does not extend to mediations involving franchised hotels that are conducted outside of the Mediation Service. In order to preserve the confidentiality of the mediation, these reports will not include the results of any mediation, and shall be submitted separately from the reports required under Paragraph 29, above.
31. The United States is authorized, pursuant to 42 U.S.C. § 12188(b)(1)(B), to bring a civil action under Title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil lawsuit or pursuing any other civil or criminal remedies in this matter, based upon any complaint received by it on or before the effective date of this Agreement relating to the facts addressed by this Agreement's Attachments or the separate subagreements between the United States and individual franchisees or to facts discovered by the United States in its investigation of such complaint, unless BHR materially fails to comply with this Agreement as described in Paragraph 34, below. The United States further agrees to refrain from filing a civil lawsuit or pursuing any other civil or criminal remedies in this matter, based upon any complaint relating to any and all conditions identified in Attachments A-C to this Agreement or the separate subagreements between the United States and individual franchisees or to any conditions discovered by the United States during its investigation, unless BHR fails to comply with this Agreement as described in Paragraph 34, below. The United States also agrees that BHR shall not be liable for its licensee's or franchisee's violation of the ADA or of any of the policies set forth in this Agreement for the duration of this Agreement, unless BHR has materially failed in good faith to comply with the terms of this Agreement.
32. In the event that the United States receives future complaints under Title III alleging discrimination on the basis of disability regarding accessibility of Holiday Inn hotels and services, the United States will notify BHR of the nature of the complaint and will inform the complainant of BHR's mediation program. The United States agrees that it will not file a complaint initiating civil litigation without first making a reasonable effort to notify BHR about the nature of the dispute, attempting to achieve a settlement, and giving BHR a reasonable period in which to cure any alleged non-compliance with the ADA.
33. Failure by the United States or BHR to enforce this entire Agreement, or any provision thereof, with regard to any deadline or any other provision herein shall not be construed as a waiver of their right to do so with regard to other deadlines and provisions of this Agreement.
34. In the event that BHR materially fails to comply in a timely fashion with this Agreement without obtaining sufficient advance written agreement with the United States as to a temporary modification of the relevant terms of the Agreement, all then applicable terms of this Agreement shall become immediately enforceable in a United States District Court. Any failure to comply with the terms of this Agreement that is attributable to reasons beyond the control of BHR (e.g., permitting or construction delays, receipt of defective equipment, delivery delays, etc.) shall not be deemed a breach of this Agreement if BHR has made good faith efforts to satisfy the requirements.
35. In the event that BHR divests itself of ownership of the hotel listed in Attachment C, BHR shall make any architectural modifications required under Attachment C, but shall otherwise be released from the terms of this Agreement as pertain to such hotel. With respect to those hotels listed in Attachments A-B that BHR manages but does not own, BHR will notify the present owners of Attachments A-B. In the event that BHR's management of the hotel terminates prior to completion of the modifications specified in those Attachments, BHR will purchase any required auxiliary aids and will notify the owner of the modifications yet to be completed under the terms of this Agreement.
36. This Agreement is a public document. A copy of this document, or any information contained therein, may be made available to any person. Both BHR and the United States will provide a copy of this Agreement to any person or entity upon request.
37. All parties to this Agreement acknowledge that information and documents produced by BHR or its predecessors to the United States during its investigation of the matters discussed herein and information and documents related to this Agreement, including, but not limited to, the survey form, business information or other BHR materials not generally available to the public, was required for the sole purpose of investigating and developing this Agreement. The parties acknowledge that some, if not all, of this information constitutes confidential business information. All records, reports and other documents produced by BHR or its predecessors pursuant to the United States' investigation or the terms of this Agreement, including any copies of such materials, shall be kept confidential and used and/or disclosed solely for purposes related to the Agreement. The United States shall not disclose such information to any entity or individual except (1) with the express consent of BHR; (2) where such disclosure is reasonably necessary to monitor, administer or enforce this Agreement; or (3) as required under applicable laws. Upon expiration of this Agreement, the United States agrees to return to BHR, maintain the confidentiality of, or destroy all information and documents produced by BHR or its predecessors during this investigation.
38. The effective date of this Agreement is January 2, 1999 or the date of the last signature below, whichever is later. This Agreement shall remain in effect for a period of three years following its effective date.
39. This Agreement shall be binding on the United States and on BHR and its successors in interest, and BHR has a duty to so notify all such successors in interest.
40. This Agreement, Attachments A-C and Exhibits 1-5, constitute 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 or either party, that is not contained in this written Agreement, shall be enforceable regarding the matters raised herein.
41. The parties to this Agreement have simultaneously entered into "Settlement Agreement Under the Americans with Disabilities Act Between the United States of America and Bass Hotels & Resorts, Inc. Regarding Reservations Policies," dated December 16, 1998, relating to Holiday Inn reservations and rental policies, including the use of the Holidex reservation system. Nothing in the terms of either Agreement affects the terms of the other Agreement.
42. This Agreement is limited to the facts set forth in it. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not purport to list all violations, if there are any, of the ADA by BHR or by any owners, operators, lessors, and/or lessees of Holiday Inn hotels other than BHR.
43. Signatories of this Agreement on behalf of the parties represent that they are authorized to bind the parties to this Agreement.
Signed:
For the United States:
Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division
_______________________________________
John L. Wodatch, Chief (date)
Renee Wohlenhaus, Deputy Chief
Bebe Novich, Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
For Bass Hotels & Resorts, Inc.
_______________________________________
Vicki K. Gordon (date)
Vice President,
Franchise Relations
Bass Hotels & Resorts, Inc.
Three Ravinia Drive, Suite 2900
Atlanta, GA 30346
[Date]
[Name]
[Street Address]
[City, State, Zip Code]
[Case No.]
Dear [Name]:
Thank you for bringing your experiences with the [hotel name and location] to the attention of Bass Hotels and Resorts, Inc. ("BHR"). Unfortunately, we have been unable to agree upon an acceptable resolution of the issues you describe.
BHR is committed to compliance with applicable federal laws, including the Americans with Disabilities Act ("ADA"), and related state statutes. But even without these legal requirements, BHR and hotel staff are committed to making your stay at their hotels a complete success and an enjoyable experience.
We remain interested in finding a mutually acceptable resolution to your concerns. Accordingly, we invite you to participate in the mediation program BHR established to facilitate resolution of ADA issues. The suggestion to mediate, as well as the other provisions of this letter are not intended to constitute legal advice. Mediation is an informal process that brings parties together to find mutually satisfactory solutions to their differences. The goal is to achieve "win-win" solutions. It is not a compromise. The mediator is a neutral party who helps facilitate a dialog, but is not the final decision-maker, arbitrator or judge.
The mediation program was developed with and is coordinated by the Center for Mediation, Training, Information and the ADA ("the Center"), a program of the Key Bridge Foundation for Education and Research, an independent organization providing mediation services. The Center was selected because of its prior experience providing similar ADA mediation services through a Department of Justice grant. The program utilizes mediators who have experience and/or have been trained in both mediation and the requirements of the ADA. This program is voluntary and is available free of charge. The Center will contact you shortly to explain the program in greater detail and to address any questions you may have regarding the mediation process or you may call the Center at 1-800-XXX-XXXX.
We believe mediation is a mutually beneficial method of resolving your concerns and hope that you will agree to participate. After you have had an opportunity to speak with a representative of the Center, please let me know whether you would like to accept our invitation to mediate.
Sincerely,
[Name]
[Title]
[Date]
[Name]
[Street Address]
[City, State, Zip Code]
[Case No.]
Dear [Name]:
We are writing to confirm your decision to decline our invitation to mediate your concerns regarding the [hotel name and location]. We at Bass Hotels and Resorts, Inc. ("BHR") regret your decision, as we believe mediation is a mutually beneficial and advantageous method for resolving all parties' concerns under Title III of the Americans with Disabilities Act ("ADA"). In enacting the ADA, Congress specifically encouraged the use of alternative means of dispute resolution, including mediation, to resolve ADA disputes. As we indicated previously, mediation provides an opportunity for both parties to achieve a "win-win" solution with the assistance of a neutral mediator who facilitates communication and problem-solving. We hope that you will reconsider you decision.
Additionally, you may wish to seek legal advice or contact the U.S. Department of Justice, which enforces Title III of the ADA, regarding your rights under Title III of the ADA or related statutes. You may contact the Department at the following address: Disability Rights Section, Civil Rights Division, United States Department of Justice, P.O. Box 66738, Washington, D.C. 20035-6738. You also may call the Department's ADA Telephone Information Line at 1-800-514-0301 (voice), 1-833-610-1264 (TDD). This letter does not, and is not intended to, constitute legal advice.
BHR regrets that we have been unable to resolve your concerns in a mutually satisfactory manner. If you would like to reconsider your decision not to mediate, please contact me at _______.
Sincerely,
[Name]
[Title]
As you are aware, you may seek legal advice or contact the U.S. Department of Justice regarding your rights under Title III of the ADA or related statutes. The Department investigates complaints arising under Title III that allege discrimination on the basis of disability. You may contact the Department at the following address: Disability Rights Section, Civil Rights Division, United States Department of Justice, P.O. Box 66738, Washington, D.C. 20035-6738. You also may call the Department's ADA Telephone Information Line at 1-800-514-0301 (voice), 1-833-610-1264 (TDD). This letter does not, and is not intended to, constitute legal advice.
[Date]
[Name]
[Street Address]
[City, State, Zip Code]
[Case No.]
Dear [Name]:
Thank you for bringing your experiences with the [hotel name and location] to the attention of Bass Hotels and Resorts, Inc. ("BHR"). We regret that your recent stay was not fully satisfactory.
The hotel at [location], like almost all Holiday Inn [or appropriate brand] hotels in the United States, is independently owned and is operated under a license (franchise) agreement with BHR. That license requires the owner to comply with applicable federal and state laws, including the Americans with Disabilities Act ("ADA") and related state statutes. But even without these legal requirements, the hotel owners in the BHR system and their staff are committed to making your stay at their hotels a complete success and an enjoyable experience.
Your concerns regarding your recent stay at the [hotel name and location] have been forwarded to the general manager of the hotel [or other designee as specified in the license agreement], who will respond to the issues you have raised. You may contact this individual through the hotel at the following address and phone number: [insert].
As a traveler, you can assist us in helping to insure that your next visit to a Holiday Inn hotel is a complete success by making your advance reservation through our 1-800-HOLIDAY reservation number and informing the reservation agent of your individual needs. That agent will note your needs in our system and thus assist the destination hotel in insuring that accessible rooms and features are available at your check-in time.
Once again, we appreciate your bringing your concerns to our attention. We want you as a guest and hope your next stay with us exceeds your expectations.
Sincerely,
[Name]
[Title]
[Date]
[Name]
[Street Address]
[City, State, Zip Code]
[Case No.]
Dear [Name]:
Once again, we at Bass Hotels and Resorts, Inc. ("BHR") would like to thank you for bringing your experiences with the [hotel name and location] to our attention. As we indicated previously, the hotel at [location] is independently owned and operated under a license (franchise) agreement with BHR. We regret that you and the hotel have not been able to resolve your concerns in a mutually satisfactory manner.
Accordingly, we invite you and the hotel owner to participate in the mediation program BHR has established to facilitate resolution of ADA issues. The suggestion to mediate, as well as the other provisions of this letter, are not intended to constitute legal advice. Mediation is an informal process that brings parties together to find mutually satisfactory solutions to their differences. The goal is to achieve "win-win" solutions. It is not a compromise. The mediator is a neutral party who helps facilitate a dialog, but is not the final decision-maker, arbitrator or judge.
The mediation program was developed with and is coordinated by the Center for Mediation, Training, Information and the ADA ("the Center"), a program of the Key Bridge Foundation for Education and Research, an independent organization providing mediation services. The Center was selected because of its prior experience providing similar ADA mediation services through a Department of Justice grant. The program utilizes mediators who have experience and/or have been trained in both mediation and the requirements of the ADA. This program is voluntary and available only if both you and the hotel owner agree to mediate your dispute. In the event both parties agree to mediate, it will be made available to you free of charge.
The Center will contact you shortly to explain the program in greater detail and to address any questions you may have regarding the mediation process or you may call the Center at 1-800-XXX-XXXX. You may also wish to seek legal advice or contact the U.S. Department of Justice, which enforces Title III of the ADA, regarding your rights under Title III of the ADA or related statutes. You may contact the Department at the following address: Disability Rights Section, Civil Rights Division, United States Department of Justice, P.O. Box 66738, Washington, D.C. 20035-6738. You also may call the Department's ADA Telephone Information Line at 1-800-514-0301 (voice), 1-833-610-1264 (TDD).
We believe mediation is a mutually beneficial method of resolving your concerns, as well as those of the hotel owner, and hope you both will agree to participate.
Sincerely,
[Name]
[Title]
Listed below are barriers to access that the United States found during its investigation of the Holiday Inn Crowne Plaza in Atlanta, Georgia. The United States contends these barriers violate Title III of the ADA. The list is not exhaustive, and may not include every barrier to access at the hotel. Each paragraph in the list describes inaccessible features at various spaces and elements throughout the hotel, followed by a string of cite references to the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.
Response: Bass Hotels & Resorts, Inc. ("BHR") contends that the hotel in question was built prior to January 26, 1992, the effective date of Title III of the ADA, and has not undergone substantial renovations since that time. BHR also contends that many of the items listed below are beyond the ADA's requirement that existing facilities remove barriers to access where "readily achievable." Notwithstanding these issues, BHR agrees to renovate the designated accessible guest rooms and lobby area public restroom separate from any planned renovations as now fully set forth below.
1. Training. All hotel employees, including housekeeping and maintenance personnel, will be trained regarding all ADA issues relevant to their job duties at the hotel. Training for the hotel's front desk, management personnel, and lobby staff (e.g., bell captain, concierge, etc.) will include, but not be limited to, familiarization with the use of auxiliary aids (e.g., telecommunication devices for the deaf (TDDs), closed caption decoders) and their distribution to guests, guest rooms and other features which are accessible to people with mobility impairments, and the maintenance of accessible routes. All employees will receive the training specified in this paragraph no less than semi-annually. All new employees will receive such training when they begin employment.
2. Guest Rooms
a. The United States contends that none of the hotel's designated accessible guest rooms fully complies with the Standards. The designated accessible rooms include the following problems: entry doors that close too fast and have inadequate maneuvering space; wall sconces at the entry that protrude into the circulation path; closet doors lack sufficient clear opening width; and, bathrooms fail to comply with many provisions of the Standards. Inaccessible features in the bathrooms include the following: doors have inadequate maneuvering space and swing into the clear floor space of the toilet; grab bars are too short; toilet paper dispensers are mounted in the wrong location; towel racks lack sufficient clear floor space; lavatories lack sufficient knee and toe clearance; and, bathtubs lack seats and properly mounted grab bars and faucet hardware. §§ 9.1.2, 9.1.3, 9.1.4, 9.2, 9.3, 4.4.1, 4.13.1, 4.13.5, 4.13.6, 4.13.10, 4.16.1, 4.16.2, 4.16.4, 4.16.6, 4.19.1, 4.19.2, 4.20.1, 4.20.3, 4.20.4, 4.20.5, 4.23.1,4.23.2, 4.23.4, 4.23.6, 4.23.8, and 4.26.
Response: Since the 1994 DOJ inspection, BHR contends that it has addressed most of the issues in designated accessible guest rooms such as adjusting entry door speeds, providing adequate maneuvering space, replacing sconces that are protruding objects, modifying closet doors, lowering closet shelves and rods, lowering thermostats, installing visual fire alarm strobes, installing drapery rod extensions, installing accessible hardware on casegoods, installing touch lamps, and installing closed caption televisions. Any remaining items not completed will be completed as part of a renovation of existing accessible rooms with an anticipated completion date of 6/30/99. BHR agrees to complete modifications by 6/30/99 in accordance with all relevant provisions of the Standards. BHR agrees to provide 13 guest rooms that are accessible to persons with mobility impairments and hearing impairments, including 4 with roll-in showers. In addition, 9 rooms shall be accessible for persons with hearing impairments. BHR contends that a TDD is available at the front desk so that hotel staff can communicate with guests. BHR will modify the rooms currently designated as accessible to satisfy this obligation. BHR shall modify those rooms to comply with all relevant provisions of the Standards, including, but not limited to, modifying the features and meeting the provisions listed in paragraph 2a, above. BHR contends that the modifications are limited to the existing designated accessible rooms and are not part of an overall renovation of the hotel guest room area.
3. Exterior Accessible Route
a. The United States contends that the ramps from the parking garage to the entrances to the garage elevator lobbies are too steep and lack handrail extensions. The ramps from Level 2 and Level 3 of the garage to the entrances to the garage elevator lobbies are too steep, lack handrail extensions, and are too narrow. The ramp to the conference center lacks one handrail and its other handrail lacks extensions and is mounted too far from the wall. §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.5.2, 4.8.1, 4.8.2, 4.8.3, and 4.8.5.
Response: Since the 1994 DOJ inspection, BHR contends that it has added handrail extensions to the ramps from the parking garage to the entrances to garage elevator lobbies. By 6/30/99, BHR agrees to modify the ramps to comply with all relevant provisions of the Standards, including, but not limited to, modifying the features and meeting the provisions listed in paragraph 3a, above. BHR contends that this modification in the parking area is limited to the ramps above and is not a major renovation of the parking garage.
4. Interior Circulation Path
a. The United States contends that the drinking fountain at the main level toilet rooms protrudes more than 4 inches into the circulation path, without a cane detectable barrier. §§ 4.1.3(2), 4.4.1.
Response: Since the 1994 DOJ inspection, BHR contends that it has installed a cane detectable barrier at the drinking fountain at the main level toilet rooms.
b. The United States contends that part of the steel structure in the building lobby has headroom less than 80 inches above the floor, with no cane detectable barrier below. §§ 4.1.3(2), 4.4.2.
Response: Since the 1994 DOJ inspection, BHR contends that it has installed a cane detectable barrier at this part of the steel structure in the building lobby.
5. Elevators
a. The United States contends that the elevators in the main hotel lobby have audible signals that do not sound once for "up" and twice for "down," missing raised floor designations on some hoistway entrances, numbers and characters that do not contrast with their background, and hardware for operating the communication compartment door that is not operable with one hand and without tight grasping, pinching, or twisting of the wrist. §§ 4.1.3(5), 4.10.1, 4.10.4, 4.10.5, 4.10.12(2), 4.10.14, 4.27.1, 4.30.1, 4.30.4 and 4.30.5.
Response: Since the 1994 DOJ inspection, BHR contends that it has installed on all elevators, audible signals that sound once for "up" and twice for "down," an audible signal as the car passes or stops at a floor, raised and Braille floor designations on hoistway entrances, voice communication for emergencies and infrared reopening devices to comply with all relevant provisions of the Standards.
b. The United States contends that the elevators from the main lobby to the lower lobby have reopening devices that do not remain effective for at least 20 seconds, have no audible signal or verbal announcement as the car passes or stops at a floor, and have visual car position indicators that are improperly placed and not working. §§ 4.1.3(5), 4.10.1, 4.10.6, 4.10.13, and 28 C.F.R. § 36.211.
Response: Since the 1994 DOJ inspection, BHR contends that it has installed on all elevators, an audible signal as the car passes or stops at a floor, visual car position indicators placed in accordance with § 4.10.13, and infrared reopening devices to comply with all relevant provisions of the Standards.
c. The United States contends that the elevators in the parking garage have no visible signal at each hoistway entrance to indicate which car is answering a call, no audible signals that sound once for "up" and twice for "down," and doors that do not re-open automatically if obstructed. §§ 4.1.3(5), 4.10.1, 4.10.4, and 4.10.6.
Response: Since the 1994 DOJ inspection, BHR contends that it has installed on all elevators, audible signals that sound once for "up" and twice for "down," visible signals at each hoistway entrance to indicate which car is responding to a call, and infrared reopening devices to comply with all relevant provisions of the Standards.
6. Public Toilet Rooms
a. The United States contends that the public toilet rooms on the lower level fail to comply with the Standards in the following ways: The door opening force exceeds the maximum allowed; no stall meets the size and configuration requirements in Figure 30(a) with regard to toilet and toilet paper dispenser location; the urinals lack elongated rims and have flush controls mounted too high; the toilet seat cover dispensers are mounted too high and do not have clear floor space; the lavatories lack knee clearance, and, the door to the designated accessible stall swings into the clear floor space of the lavatories. §§ 4.1.3(11), 4.2.4, 4.2.5, 4.2.6, 4.13.1, 4.13.11, 4.16.1, 4.16.6, 4.17.1, 4.17.2, 4.17.3, 4.18.1, 4.18.2, 4.18.4, 4.19.1, 4.19.2, 4.22.1, 4.22.2, 4.22.4, 4.22.5, and 4.22.6.
Response: Since the 1994 DOJ inspection, BHR contends that it has adjusted the door opening force, installed urinals with elongated rims and automatic flush controls, relocated the toilet paper dispensers, corrected the swing of the door on the designated accessible stall, reconfigured the accessible toilet stall, and relocated the toilet seat cover dispenser. BHR will modify the knee clearance of the lavatory in accordance with § 4.19.2. These modifications were completed to remove certain barriers in the toilet rooms. At the next major renovation of the adjacent public area served by this restroom, BHR agrees to modify the lower level toilet rooms to comply with all relevant provisions of the Standards to the extent possible, including, but not limited to, modifying the features and meeting the provisions listed in paragraph 6a, above. Until such renovation is completed, BHR will install signage at the lower level rest rooms indicating that fully accessible rest rooms are available on the lobby level.
b. The United States contends that the public toilet rooms on the lobby level fail to comply with the Standards in the following ways: no stall meets the size and configurations in Figure 30(a); the toilet flush controls are not mounted on the wide side of the toilets; inadequate maneuvering space is provided at the toilet stall door (men's room only); the toilet grab bars are mounted too high and too far from the wall; the lavatories lack sufficient knee and toe clearances; the toilet stall door swings into the clear floor space of the lavatory; and, no stall is provided with an outward swinging, self closing door and parallel grab bars complying with Fig. 30(d) and § 4.26. §§ 4.1.3(11), 4.2.4, 4.16.5, 4.17.1, 4.17.3, 4.17.5, 4.17.6, 4.19.1, 4.19.2, 4.22.1, 4.22.2, 4.22.4, and 4.26.2.
Response: Since the 1994 DOJ inspection, BHR contends that it has modified the lobby level toilet rooms to comply with all relevant provisions of the Standards, including, but not limited to, modifying the features and meeting the provisions listed in paragraph 6b, above. BHR contends that this modification is not part of an overall renovation of the meeting lobby space, but is a separate project limited to the public rest rooms of the hotel.
7. Signage
a. The United States contends that the signage that identify permanent rooms and spaces in the lobby and general corridors are not raised or accompanied by Grade 2 Braille, do not have a non-glare finish, and are not mounted in the correct location. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
Response: Since the 1994 DOJ inspection, BHR contends that it has replaced the signage to comply with all relevant provisions of the Standards, including, but not limited to, modifying the features and meeting the provisions listed in paragraph 7a, above.
8. This Attachment is limited to the facts set forth in it. This Attachment does not address or remedy any other ADA claims or other claims under Federal law at the hotel.
END Attachment A
Listed below are architectural barriers to access, which are alleged to violate Title III of the ADA, at the Crowne Plaza, 1605 Broadway, New York, New York 10019. These barriers were alleged in a complaint filed with the United States. The list is not exhaustive, and may not include every barrier to access at the hotel. Each paragraph in the list describes inaccessible features at various spaces and elements throughout the hotel, followed by a string of cite references to the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.
Response: Bass Hotels & Resorts, Inc. ("BHR") contends that the hotel in question was built prior to January 26, 1992, the effective date of Title III of the ADA, and has not undergone substantial renovations since that time. BHR agrees to undertake the modifications set forth below.
1. Training. All hotel employees, including housekeeping and maintenance personnel, will be trained regarding all ADA issues relevant to their job duties at the hotel. Training for the hotel's front desk, management personnel, and lobby staff (e.g., bell captain, concierge, etc.) will include, but not be limited to, familiarization with the use of auxiliary aids (e.g., telecommunication devices for the deaf (TDDs), closed caption decoders) and their distribution to guests, guest rooms and other features which are accessible to people with mobility impairments, and the maintenance of accessible routes. All employees will receive the training specified in this paragraph no less than semi-annually. All new employees will receive such training when they begin employment.
2. Entrance to the Bathroom in a Designated Accessible Room
a. The United States contends that in a guest room designated as accessible to persons with mobility impairments, furniture blocks the entrance to the bathroom. Standards § 9.2.2.
Response: BHR contends that the furniture in all rooms designated as accessible to individuals with mobility impairments has been rearranged so as not to block the entrance to the bathroom. BHR also contends that it has and will continue to instruct hotel staff that entrances to bathrooms in such rooms shall remain free of obstructions, as required by Standards § 9.2.2.
3. Grab Bars in Bathroom of Designated Accessible Room
a. The United States contends that the bathroom in a guest room designated as accessible to persons with mobility impairments lacks grab bars. Standards §§ 4.16, 4.26.
Response: BHR contends that it has installed grab bars that meet all relevant provisions of the Standards, including but not limited to, Standards §§ 4.16, 4.26, in the bathrooms of all rooms designated as accessible to individuals with mobility impairments.
4. Public Toilet Rooms in Lobby Area
a. The United States contends that the designated accessible public toilet rooms in the lobby area were not maintained in operable working condition. 28 C.F.R. § 36.211.
Response: BHR contends that the rest rooms in the lobby are open to the public and are in operable working condition. BHR also contends that it has and will continue to instruct staff that these rest rooms are to be maintained in operable working condition. By 6/30/99, BHR agrees to renovate these rest rooms so that they fully comply with all relevant Standards, including Standards § 4.22.
5. This Attachment is limited to the facts set forth in it. This Attachment does not address or remedy any other ADA claims or other claims under Federal law at the Hotel.
END Attachment B
Listed below are architectural barriers to access, which are alleged to violate Title III of the ADA, at the Crowne Plaza, 2222 West Loop South, Houston, Texas. These barriers were alleged in a complaint filed with the United States. The list is not exhaustive, and may not include every barrier to access at the hotel. Each paragraph in the list describes inaccessible features at various spaces and elements throughout the hotel, followed by a string of cite references to the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.
Response: Bass Hotels & Resorts, Inc. ("BHR") contends that the hotel in question was built prior to January 26, 1992, the effective date of Title III of the ADA, and has not undergone substantial renovations since that time. BHR agrees to undertake the modifications set forth below:
1. Training. All hotel employees, including housekeeping and maintenance personnel, will be trained regarding all ADA issues relevant to their job duties at the hotel. Training for the hotel's front desk, management personnel, and lobby staff (e.g., bell captain, concierge, etc.) will include, but not be limited to, familiarization with the use of auxiliary aids (e.g., telecommunication devices for the deaf (TDDs), closed caption decoders) and their distribution to guests, guest rooms and other features which are accessible to people with mobility impairments, and the maintenance of accessible routes. All employees will receive the training specified in this paragraph no less than semi-annually. All new employees will receive such training when they begin employment.
2. Elevators
a. The United States contends that the elevator hoistway entrances lack raised and Braille characters. Standards § 4.10.5.
Response: BHR contends that it has installed floor designations with raised and Braille characters that comply with Standards § 4.10.5. on the elevator hoistway entrances.
3. Ramps
a. The United States contends that the hotel's ramps do not comply with slope requirements in the Standards § 4.8.
Response: By 6/30/99, BHR will modify the curb cut and ramp at the front entrance to the hotel to comply with all relevant provisions of the Standards including, but not limited to, § 4.8.
4. Telecommunications Devices for the Deaf (TDDs)
a. The United States contends that no TDDs are provided in public telephone banks. Standards §§ 4.1.3(17), 4.31.9.
Response: BHR contends that it has installed signage adjacent to public telephone banks, which indicates that TDD equipment is available for public use at the front desk. BHR also contends that the TDD is available on a 24-hour basis.
5. Accessible Route
a. The United States contends that hallway sconces protrude into the accessible route. Standards § 4.4.
Response: BHR contends that it has removed and replaced the hallway sconces with lighting fixtures that comply with Standards § 4.4 (i.e., do not protrude more than 4" into the accessible route).
6. Signage
a. The United States contends that guest room signage is improperly located, lacks raised and Braille characters and proper finish and contrast; other signage lacks proper symbols of accessibility, and/or proper directional signage attributes. Standards § 4.30.
Response: BHR contends that it has installed, in the proper location, guest room signage with raised and Braille characters, and proper finish and contrast, in accordance with Standards §§ 4.30.2; 4.30.3; 4.30.4; 4.30.5; 4.30.6. BHR also contends that it has modified or replaced other signage that lack proper symbols of accessibility and/or proper directional signage attributes, in accordance with Standards §§ 4.1.2(7); 4.1.3(16); 4.30.1; 4.30.2; 4.30.3; 4.30.5.
7. This Attachment is limited to the facts set forth in it. This Attachment does not address or remedy any other ADA claims or other claims under Federal law at the Hotel.
END Attachment C
October 2, 2001