SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
441 POST ROAD, LLC
d/b/a THE CIRCLE
DJ # 202-14-223

The parties to this agreement (“Agreement”) are the United States of America and 441 Post Road, LLC (“441 Post Road”).  The parties hereby agree as follows:

I. BACKGROUND AND JURISDICTION

1. 441 Post Road is the owner/operator of the Circle Hotel (the “Circle”) located at 441 Post Road, Fairfield, Connecticut.
2. The United States Attorney’s Office for the District of Connecticut, a component of the United States Department of Justice (“United States”), opened an investigation of the Circle facility pursuant to Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12181-12189, and its implementing regulations, 28 C.F.R. pt. 36.  The United States initiated its investigation upon the receipt of a complaint from an individual regarding lack of accessibility at the Circle.    
3. The United States is authorized to investigate alleged violations of Title III of the ADA.  Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes.  If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or where the case raises an issue of general public importance.  42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 36.503, 36.506. 
4. Title III of the ADA mandates that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”  42 U.S.C. § 12182(a).
5. The Circle is a place of public accommodation within the meaning of Title III because it is “an inn, hotel, motel, or other place of lodging.”  42 U.S.C. § 12181(7)(A).  441 Post Road, as the owner and operator of the Circle, is a public accommodation subject to the requirements of Title III of the ADA.  28 C.F.R. § 36.104.
6. The Circle is an existing facility originally constructed prior to the effective date of the ADA, however, alterations were made after March 15, 2012, including renovation of the Circle’s lobby, lobby toilet rooms, lobby breakfast area, outdoor patio, guest rooms, and hotel exterior.  Renovation of the exterior included reclaiming and repaving of a parking area.  Because the Circle has undergone alterations as defined by the ADA, 28 C.F.R. § 36.402(b), the altered portions of the facility must be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, to the maximum extent feasible.  42 U.S.C. § 12183(a)(2); 28 C.F.R. § 36.402(a).
7. The United States reviewed information provided by 441 Post Road, and conducted a site visit of the Circle on May 24, 2018.  The United States used the ADA Standards for Accessible Design, including the 1991 Standards defined at 28 C.F.R. Part 36, Appendix D, and the 2010 Standards defined at 28 C.F.R. § 36.104, to identify ADA violations, which were shared with 441 Post Road. 

II. REMEDIAL ACTIONS TO BE TAKEN BY 441 POST ROAD

1. 441 Post Road will make the following modifications to improve accessibility for individuals with disabilities at the Circle:
8.       Parking
   1. Within four months of the execution of this Agreement, 441 Post Road shall ensure that:
   1. in accordance with the 2010 Standards §§ 208.2, 208.2.4 and 502.1, there are at least five accessible parking spaces in the main building parking area, including at least one van accessible parking space, on the shortest accessible route to the accessible entrance;
   2. accessible car parking spaces are 96 inches wide minimum, marked to define the width, with adjacent access aisles complying with § 502.3 in accordance with the 2010 Standards § 502;
   3. the van accessible space is 96 inches wide minimum, marked to define the width, with an adjacent access aisle complying with the 2010 Standards § 502.2 exception;
   4. the access aisles of the accessible car parking spaces and van accessible space are 96 inches wide minimum extending the full length of the parking space and are marked to discourage parking in accordance with the 2010 Standards §§ 208.2.4, 502.2, and 502.3;
   5. the sign identifying the van accessible parking space contains the designation “Van Accessible” in accordance with the 2010 Standards §§ 216.5 and 502.6; and
   6. signs for all accessible parking spaces shall include the International Symbol of Accessibility and shall be 60 inches minimum above the ground surface measured to the bottom of the sign in accordance with the 2010 Standards §§ 216.5, 502.6, and 703.7.2.1.
9. Building Entrances
   1. Within six months of the execution of this Agreement, 441 Post Road shall ensure that:
   1. the rear main building entrance complying with § 404 is identified by the International Symbol of Accessibility in accordance with § 703.7.2.1;
   2. there is directional signage complying with § 703.5 at the main building entrance and in the rear parking area that indicates the location of the designated accessible entrance in accordance with §§ 216.6, 703.5, and 703.7.2.1; and
   3. there are permanent planters placed underneath the light fixtures adjacent to the main building entrance that constitute protruding objects pursuant to the 2010 Standards §§ 204.1 and 307.2.
10. Rear Patio
    1. Within three months of the execution of this Agreement, 441 Post Road shall ensure that, whenever the rear patio area is in use:
    1. at least five percent of the available seating in the rear patio area is located at accessible dining surfaces complying with the 2010 Standards § 902; and
    2. accessible dining surfaces have clear floor space, 30 inches minimum by 48 inches maximum, complying with the 2010 Standards § 305 positioned for a forward approach with toe clearance extending 17 inches minimum under the surface and knee clearance at least 11 inches deep at 9 inches high and at least 8 inches deep at 27 inches high in accordance with the 2010 Standards §§ 226, 902.2, 305, and 306.
11. Lobby and Breakfast Room
    1. Within two months of the execution of this Agreement, 441 Post Road shall ensure that doors at exits and at exit passageways and exit discharge are identified by tactile signs in raised characters and Braille in accordance with the 2010 Standards §§ 216.4.1, 703.1, 703.2, and 703.5.

    2. Within four months of the execution of this Agreement, 441 Post Road shall ensure that at least five percent of the available seating in the lobby and breakfast room is located at accessible dining surfaces complying with the 2010 Standards § 902.  Accessible dining and work surfaces shall have a clear floor space, 30 inches minimum by 48 inches maximum, complying with 305 positioned for a forward approach; and shall have knee and toe clearance complying with 306, extending 17 inches minimum under the table.  The tops of dining surfaces and work surfaces shall be 28 inches minimum and 34 inches maximum above the finish floor or ground in accordance with the 2010 Standards §§ 902.2, 305, and 306.
12. Lobby Toilet Room
    1. Within three months of the execution of this Agreement, 441 Post Road shall submit architectural plans and/or drawings illustrating the remediation of the toilet room to be fully compliant with all requirements of the 2010 Standards.  The architectural plans and/or drawings shall illustrate all required compliant features including elevations and/or sections.
    2. The United States shall approve or deny such plans or drawings within 30 days of submission.  If the United States denies the plans and/or drawings, 441 Post Road shall have 15 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval.
    3. Within eighteen months of approval of the architectural plans submitted pursuant to this section, 441 Post Road shall complete renovation of the toilet room in accordance with the approved drawings and/or plans.  
13. Exterior Guest Room Walkway
    1. Within three months of the execution of this Agreement, 441 Post Road shall remove protruding objects with leading edges more than 27 inches and not more than 80 inches into the circulation path in accordance with the 2010 Standards §§ 204.1 and 307.2 or shall place a permanent item, such as a planter, which can be detected via cane sweep underneath such protruding objects.  Such permanent items shall not obstruct the 36 inch wide minimum accessible route in accordance with the 2010 Standards §§ 206.2.2, 402.2, and 403.5.1.
    2. Within three months of the execution of this Agreement, 441 Post Road shall submit architectural plans and/or drawings illustrating a new accessible route compliant with the 2010 Standards connecting all accessible buildings, accessible facilities, accessible elements, and accessible spaces, including required accessible guest rooms.  The architectural plans and/or drawings shall illustrate all required compliant features and shall include spot elevations and/or sections.
    3. The United States shall approve or deny such plans or drawings within 30 days of submission.  If the United States denies the plans and/or drawings, 441 Post Road shall have 15 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval. Within nine months of approval of the architectural plans submitted pursuant to this section, 441 Post Road shall complete renovation of the exterior guest room walkway in accordance with the approved drawings and/or plans.  
14. Guest Rooms
    1. Within three months of the execution of this Agreement, 441 Post Road shall submit architectural plans and/or drawings illustrating five new designated accessible guest rooms with mobility features complying with the 2010 Standards.  The architectural plans and/or drawings shall illustrate all required compliant features including elevations and/or sections.  The plans and/or drawings must include:
    1. at least four guest rooms without a roll-in shower and at least one guest room with a roll-in shower in accordance with the 2010 Standards §§ 224.2 and 806.2; and
    2. two king rooms and three queen rooms with at least one room of each type having a kitchenette in accordance with the 2010 Standards §§ 224.5 and 806.2.
    2. The United States shall approve or deny such plans or drawings within 30 days of submission.  If the United States denies the plans and/or drawings, 441 Post Road shall have 15 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval.
    3. Within nine months of approval of the architectural plans submitted pursuant to this section, 441 Post Road shall complete renovation of 2 of the newly designated accessible guest rooms in accordance with the approved drawings and/or plans.
    4. Within eighteen months of approval of the architectural plans submitted pursuant to this section, 441 Post Road shall complete renovation of an additional 2 of the newly designated accessible guest rooms in accordance with the approved drawings and/or plans.
    5. Within twenty-four months of approval of the architectural plans submitted pursuant to this section, 441 Post Road shall complete renovation of the last of the newly designated accessible guest rooms in accordance with the approved drawings and/or plans.
    6. Within twelve months of the execution of this Agreement, 441 Post Road shall ensure that two king rooms and three queen rooms are designated as accessible rooms with communication features and are fully compliant with the Standards, including all requirements of §§ 806.3 and 702.  Guest rooms with communication features shall have at least one room of each type having a kitchenette.
    7. Within twenty-four months of the execution of this Agreement, 441 Post Road shall ensure that one king room and three queen rooms are designated as accessible rooms with communication features and are fully compliant with the Standards, including all requirements of §§ 806.3 and 702.  Guest rooms with communication features shall have at least one room of each type having a kitchenette.
    8. Not more than one guest room required to provide mobility features complying with the 2010 Standards § 806.2 shall be used to satisfy the minimum number of guest rooms required to provide communication features in accordance with the 2010 Standards §§ 224.2, 224.5, and 806.2.
2. Alterations
15. Any future alterations, as defined in 42 U.S.C. §12183 and 28 C.F.R. § 36.402(b), made to the Circle facility and not described in this Agreement shall comply in all respects with the ADA, its implementing regulations, and the 2010 Standards.
16. If an alteration affects or could affect the usability of or access to an area of the facility that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered areas are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.  42 U.S.C. §12183(a); 28 C.F.R. § 36.403. 

III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

17. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit for failure to comply with Title III of the ADA at the Circle; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement.
18. The United States does not assert that this Agreement or the modifications contemplated herein will bring the Circle into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States.  Rather, the parties enter into this Agreement for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation.  This Agreement is a compromise and it shall not be used or introduced into evidence in any other case or proceeding other than between the parties to this Agreement.
19. The United States may review compliance with this Agreement at any time.  Upon reasonable advance notice to 441 Post Road, 441 Post Road shall permit the United States and any person acting on its behalf unlimited access to the Circle to review compliance with the ADA and this Agreement, provided that such access does not interfere with the comfort, privacy or safety of the guests at the Circle, or unreasonably interfere with the management and operation of the Circle.
20. If the United States believes that 441 Post Road has violated this Agreement or any requirement thereof, it agrees to notify counsel to 441 Post Road, LLC, Melvin Simon of Cohn, Birnbaum & Shea, P.C., in writing of the specific violation(s) alleged.  441 Post Road shall have 30 days from its receipt of the notice to cure and/or respond in writing to the United States the alleged violation(s).  If the United States and 441 Post Road are unable to reach a satisfactory resolution of the issue or issues, the United States may commence a civil action in the United States District Court for the District of Connecticut to enforce the terms of this Agreement, the ADA, or both.
21. 441 Post Road shall provide certifications to the United States, every six months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that 441 Post Road has agreed to correct have been so corrected.  441 Post Road shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Circle facility did not comply with the ADA or that individuals with disabilities at the facility were subject to discrimination on the basis of disability.  The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
22. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

    Jessica H. Soufer, Assistant U.S. Attorney
    U.S. Attorney’s Office
    157 Church Street, 25th Floor
    New Haven, CT 06510
    email: jessica.soufer@usdoj.gov

23. This Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person.
24. Failure by the United States 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 its right to do so with regard to other deadlines and provisions of this Agreement.
25. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable.  This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the ADA, including violations of the alterations or new construction provisions of the ADA, or any other Federal law.  This Agreement does not affect the continuing responsibility of 441 Post Road and the Circle to comply with all aspects of the ADA.
26. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and 441 Post Road shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
27. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
28. In the event 441 Post Road seeks to transfer, or assign all or part of its interest in the Circle, or lease the premises, as a condition of sale, assignment, or lease, 441 Post Road shall obtain the written accession of the successor, assignee, or lessee, to any obligations remaining under this Agreement for the remaining term of the Agreement.
29. The Effective Date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for three years from the Effective Date.