SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND DIVYALAKSHMI INC
UNDER THE AMERICANS WITH DISABILITIES ACT

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Divyalakshmi Inc d/b/a Wildwood Inn Tropical Dome and Theme Suites (hereafter “Wildwood Inn”).
2. This matter was initiated by a complaint received by the United States Department of Justice (USAO Complaint No. 2017V00683; DJ No. 202-30-44). The United States Attorney’s Office for the Eastern District of Kentucky (“USAO”) conducted an investigation under the authority granted by Section 308(b) of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12188(b).
3. The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in litigation. The parties have therefore voluntarily entered into this Agreement, as follows:

TITLE III COVERAGE AND DETERMINATIONS

4. The Department of Justice is responsible for enforcing Title III of the ADA, 42 U.S.C. §§ 12181-89, and the relevant regulations implementing Title III, 28 C.F.R. Part 36.
5. The Complainant, a veteran of the military who suffers from post-traumatic stress disorder, has a physical impairment that substantially limits one or more major life activities. Accordingly, she has a disability within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.105. Complainant uses a service animal to assist her with her disability.
6. Wildwood Inn is the place of public accommodation that is owned and operated by  Divyalakshmi Inc, a Kentucky corporation. Divyalakshmi, Inc. operates the hotel, located at 7809 Hwy US 42, Florence, Kentucky 41042, and is thus a public accommodation under Title III of the ADA. 42 U.S.C. § 12181(7)(F); 28 C.F.R. § 36.104.
7. Under Title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. 42 U.S.C. § 12182(a).
8. The ADA requires Wildwood Inn to make reasonable modifications in policies, practices, or procedures where necessary to provide individuals with disabilities with access to goods, services, facilities, privileges, advantages, and accommodations. See 28 C.F.R. §§ 36.302, 36.303. The ADA further requires that a public accommodation, such as Wildwood Inn, shall generally permit the use of a service animal by an individual with a disability. 28 C.F.R. § 36.302(c).  Specifically, the ADA regulations provide: a public accommodation shall not ask about the nature or extent of a person’s disability, but may make two inquiries, whether the animal is required because of a disability and what work or tasks the animal is to perform.  28 C.F.R. § 36.302(c)(6).  Further, a public accommodation shall not require documentation, such as proof that the animal has been certified, trained or licensed as a service animal.  Id.
9. The Complainant alleges that, as she was attempting to check in to the hotel, Wildwood Inn’s staff requested to see either the certification paperwork for her service animal or medical paperwork from a doctor. The Complainant and her husband advised the staff members that the ADA does not allow Wildwood Inn to request such paperwork, and offered to show the staff members the relevant portions of the ADA. Citing a company policy, Wildwood Inn’s staff told the Complainant and her husband that they could not stay at the hotel and refunded the cost of the room.
10. The United States has investigated the Complaint and has determined that the Complainant’s allegations are credible. The investigation determined that Wildwood Inn’s staff unlawfully requested paperwork for the Complainant’s service animal and ultimately denied lodging to the Complainant.
11. In response to the investigation by the United States, Wildwood Inn has represented that it has trained its employees on the ADA, including the ADA’s requirements for service animals. Specifically, Wildwood Inn has represented that it has updated its employee handbook and conducted training using videos and handouts. Wildwood Inn acknowledges that the United States has relied on these representations, and Wildwood Inn warrants that these representations are true and complete.   

ACTIONS TO BE TAKEN BY WILDWOOD INN

12. Wildwood Inn shall not discriminate against any individual on the basis of disability, including individuals who use service animals, in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of Wildwood Inn in violation of the ADA, 42 U.S.C. § 12182, and the relevant implementing regulations, 28 C.F.R. Part 36. Wildwood Inn shall reasonably modify its policies, practices or procedures to permit the use of a service animal by a person with a disability.  28 C.F.R. § 36.302(c)(1).
13. Within 30 days of the effective date of this Agreement, Wildwood Inn shall adopt the Service Animal Policy annexed hereto as Exhibit A. Wildwood Inn will post the Service Animal Policy in a conspicuous location at the hotel and will incorporate the Service Animal Policy into its employee handbook.
14. Within 90 days of the effective date of this Agreement, Wildwood Inn shall ensure that all staff members and employees who have contact with the public are trained on Title III of the ADA, including the ADA’s requirements for service animals. Wildwood Inn shall notify the United States when it has completed this training.
15. Wildwood Inn will ensure that all new personnel who will have contact with members of the public will receive training on Title III of the ADA, including the ADA’s requirements for service animals, as a component of pre-service training and orientation.
16. In addition to the training requirements described in Paragraphs 14-15, Wildwood Inn will at least once annually for the duration of this Agreement provide refresher training on Title III of the ADA to all employees who have contact with the public. Wildwood Inn shall perform this training no later than March 1st of each calendar year, beginning in 2020. Wildwood Inn will notify the United States when it has completed this training.
17. Wildwood Inn shall create and maintain a roster that documents the name of each individual, his/her title, and the date he/she attended the trainings described in Paragraphs 14-16. Copies of such rosters shall be provided to the United States within 10 days of any request for them.
18. Within 30 days of the effective date of this Agreement, Wildwood Inn shall post a sign at its entrance indicating that service animals are permitted. Wildwood Inn shall provide a photograph of that sign to the United States within 10 days of any request for it.
19. Wildwood Inn will ensure that its website contains information indicating that service animals are permitted. Wildwood Inn shall provide proof that the website contains such information to the United States within 10 days of any request for it.
20. Wildwood Inn will send the notification required by Paragraphs 14 and 16 and, upon request, the items required by Paragraphs 17-19 to the United States at hydee.hawkins@usdoj.gov or via Federal Express to:

    Hydee R. Hawkins
    Assistant U.S. Attorney
    United States Attorney’s Office
    260 West Vine Street, Suite 300
    Lexington, Kentucky 40507

IMPLEMENTATION

21. In consideration for entering this Agreement, the United States will refrain from undertaking further enforcement action relating to this investigation or from filing a civil action alleging discrimination based on the allegations set forth above. However, the United States may review Wildwood Inn’s compliance with this Agreement or Title III of the ADA at any time. If the United States believes that any portion of this Agreement or Title III of the ADA has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce Title III of the ADA, following written notice to Wildwood Inn of the possible violation and a period of 21 days in which Wildwood Inn has the opportunity to cure the alleged violation.
22. Failure by the United States to enforce any provisions in this Agreement is not a waiver of its right to enforce other provisions of this Agreement.
23. If any term 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 Wildwood Inn shall engage in good faith negotiations in order to adopt 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.
24. This Agreement is binding on Wildwood Inn, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assigns. In the event that Wildwood Inn seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, Wildwood Inn will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.
25. The signatory for Wildwood Inn represents that he or she is authorized to bind Wildwood Inn to this Agreement.
26. This Agreement is the entire agreement between the United States and Wildwood Inn on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, is enforceable. This Agreement can only be modified by mutual written agreement of the parties.
27. This Agreement is a public document. The Parties agree and consent to the United States’ disclosure of this Agreement and information concerning this Agreement to the public subject to any applicable privacy laws.
28. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement changes Wildwood Inn’s obligation to otherwise comply with the requirements of the ADA.

EFFECTIVE DATE/TERMINATION DATE

29. The effective date of this Agreement is the date of the last signature below.
30. The duration of this Agreement will be two years from the effective date.

Exhibit A
POLICY REGARDING SERVICE ANIMALS
FOR PEOPLE WITH DISABILITIES

Wildwood Inn is committed to making reasonable modifications in policies, practices, and procedures to permit the use of service animals by persons with disabilities. Service animals play an important role in ensuring the independence of people with disabilities, and it is therefore our policy to welcome into our hotel any animal that is individually trained to assist a person with a disability.

What is a Service Animal?

Service animals include any dog that is individually trained to do work or perform tasks for individuals with disabilities, including a physical, sensory, psychiatric, intellectual, or other mental disability. Service animals do not always have a harness, a sign, or a symbol indicating that they are service animals. A service animal is not a pet. Service animals assist people with disabilities in many different ways, such as:

• Guiding people who are blind or have low vision and retrieving dropped objects for them;
• Alerting people who are deaf or hard of hearing to sounds and the presence of others;
• Carrying and picking up items, opening doors, or flipping switches for people with disabilities who have limited use of hands or arms, limited use of their legs, or limited ability to bend or stoop;
• Pulling wheelchairs;
• Alerting people with disabilities to the onset of medical conditions such as seizures, protecting them and cushioning them if they fall, reviving them, and performing other tasks that reduce the risk of disability-related injury;
• Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities, or psychiatric disabilities, such as reminding a person with depression to take medication or waking him up, alerting a person with anxiety to the onset of panic attacks, orienting people with schizophrenia to reality, and helping people with intellectual or cognitive disabilities to locate misplaced items, find places, or follow daily routines; and
• Providing physical support and assisting people with physical disabilities with stability and balance.

Requirements with Regard to Service Animals:

Most of the time, people with disabilities who use service animals may be easily identified without any need for questioning. If we can tell by looking, it is our policy not to make an individual feel unwelcome by asking questions. If we are unsure whether an animal meets the definition of a service animal, it is our policy to ask the individual only two questions:

• Is the dog a service animal required because of a disability?
• What work or task has the dog been trained to perform?

If the individual says yes to the first question and explains the work or tasks that the animal is trained to perform, we will welcome the person and service animal into our hotel without asking any additional questions about his or her service animal. We will not ask an individual questions about his or her disability. We will not ask an individual to show a license, certification, or special ID card as proof of the animal’s training. We must permit service animals to accompany individuals with disabilities to all areas of our hotel normally used by guests or other members of the public and will treat individuals with service animals with the same courtesy and respect that Wildwood Inn affords to all of our customers.

Since a service animal is not a pet, guests with disabilities may not be asked to pay any extra deposits, fees, or other charges because they are accompanied by service animals. Deposits, fees, or other charges that are normally required for pets do not apply to service animals.

Management Responsibilities:

Wildwood Inn has the right to exclude a service animal from its business if the dog is out of control and the handler does not take effective action to control it, or the dog is not housebroken. We will not exclude a particular service animal based on past experience with other animals or based on fear unrelated to an individual service animal’s actual behavior. Each situation will be considered individually. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. Only the Manager on Duty can decide to exclude a service animal.

Please handle any customer inquiries or complaints about this policy in accordance with our usual procedures by contacting [Wildwood Inn to insert proper contact information in final adopted policy].