Consent Decree: United States v. Dover Downs Entertainment, Inc.

CONSENT ORDER

UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990

BETWEEN THE UNITED STATES OF AMERICA

and

DOVER DOWNS ENTERTAINMENT, INC.

DJ 202-15-7

UNITED STATES DISTRICT COURT

DISTRICT OF DELAWARE

THE UNITED STATES OF AMERICA,

Plaintiff,

No.: _____________

DOVER DOWNS ENTERTAINMENT, INC.,

Defendant.

CONSENT ORDER

A. Background

1. The United States has filed this action to enforce title III of the Americans with Disabilities Act of 1990 (the "ADA" or the "Act"), 42 U.S.C. §§ 12181 through 12189, against Dover Downs Entertainment, Inc., the owner and operator of Dover Downs International Raceway at 1131 North Dupont Highway, Dover, Delaware ("the racetrack," "raceway" or "Dover Downs").

2. The United States alleges that Edward Guistwite, Sr., an individual with a disability, attended a NASCAR/Winston Cup race at Dover Downs on May 14, 1994, at which time architectural barriers to access prevented or restricted his access to certain parts of the facility and to the goods and services provided there. As a result of Dover Downs failure to remove certain architectural barriers where it is readily achievable to do so and to make alterations and the path of travel to these alterations readily accessible to and usable by persons with disabilities, Mr. Guistwite suffered distress, frustration and inconvenience at Dover Downs.

3. On or about December 6, 1994, representatives of the United States Department of Justice visited and inspected Dover Downs, as part of its investigation of the raceway conducted pursuant to the Department of Justice's authority to investigate alleged violations of the Act by entities covered by title III of the ADA, 42 U.S.C. § 12188(b)(1)(A)(i). The Dover Downs facility was originally constructed in 1968-1969. Since that time, numerous additions and modifications have been made to the facility.

4. As a result of its investigation, including its inspection of the raceway, the Department of Justice determined that several features, elements, and spaces of Dover Downs did not fully comply with the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"), and were thereby not readily accessible to or usable by individuals with disabilities.

5. In response to the concerns raised by the Department of Justice and in order to fully cooperate with the Department of Justice investigation, Dover Downs hired an architectural consulting firm to conduct a thorough review of the raceway facility. The various features, elements and spaces of Dover Downs that have been identified as not being in compliance with the Standards are attached hereto as Exhibit 1.

6. In an effort to resolve their differences expeditiously and without the burden, expense and delay of litigation, plaintiff United States and defendant Dover Downs have engaged in good faith negotiations. As a result of these negotiations, these parties have agreed to enter into this Consent Order.

7. As specified below, defendant Dover Downs agrees to remedy each of the violations of the Standards set out in Exhibit 1; to remove the barriers to access at its facility; to make alterations, and the path of travel serving those altered areas of the facility, readily accessible to and usable by individuals with disabilities; to pay compensatory damages to Mr. Guistwite; to establish a policy for the transportation of individuals with disabilities from the designated accessible parking areas to the raceway; and to establish an employee training program regarding non-discriminatory service of individuals with disabilities.

B. Agreement of the Parties

Accordingly, it is hereby agreed by the parties and ordered by the Court as follows:

1. This Court has jurisdiction of this action under 42 U.S.C. § 12188(b)(1)(B) and 28 U.S.C. §§ 1331 and 1345.

2. Venue is proper in this district.

3. Dover Downs raceway is an entertainment facility whose operations affect commerce. As such, it is a public accommodation within the meaning of section 302(a) and section 303(a) of the Act. 42 U.S.C. §§ 12182(a), 12183(a). In addition, because Dover Downs is a non-residential facility for use by a private entity, it is also a commercial facility within the meaning of section 303(a) of the Act. 42 U.S.C. § 12183(a).

4. Defendant Dover Downs is a private entity that owns and operates the Dover Downs raceway.

5. Dover Downs has undertaken renovations, additions, remodeling or other alterations to its facility several times since January 26, 1992, including, but not limited to, the following alterations:

a. Adding at least 20,000 additional seats to the North Grandstand;

b. Constructing an additional public use restroom facility;

c. Constructing a suite complex;

d. Renovating and remodeling a horse-racing dormitory into additional public use restrooms, storage, and four private invitation hospitality rooms;

e. Constructing the addition of seating to the South Grandstand;

f. Constructing a video-lottery facility adjacent to the East Grandstand.

6. Each of the instances of remodeling, renovation, and additions identified in paragraph 5 is an alteration to the facility that affects or could affect the usability of the facility, or part thereof, within the meaning of 42 U.S.C. § 12183.

7. Through subsequent investigation and review, certain areas of the altered portions of the Dover Downs raceway listed above were found not to be, to the maximum extent feasible, readily accessible to or usable by individuals with disabilities, as required by section 303(a)(2) of the Act, 42 U.S.C. § 12183(a)(2). Additionally, certain paths of travel to the altered areas, including certain restrooms, telephones and drinking fountains, were found not to be, to the maximum extent feasible, readily accessible to or usable by individuals with disabilities, as required by section 303(a)(2) of the Act, 42 U.S.C. § 12183(a)(2).

8. Dover Downs raceway also contains elements, features and spaces that constitute an existing facility, and with respect to these areas, Dover Downs has not removed architectural barriers where such removal is readily achievable.

9. The alterations and barrier removal efforts undertaken at Dover Downs fail in certain respects to comply with the Department of Justice's regulation implementing title III of the ADA, 28 C.F.R. Part 36, ("the regulation"), including the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28 C.F.R. §§ 36.401, 36.406. A list of the features, elements, and spaces of the raceway that do not comply with the Standards is attached here as Exhibit 1.

10. The failures to make the altered portions of Dover Downs raceway and the paths of travel to those altered areas readily accessible to and usable by individuals with disabilities and to remove barriers to access where such removal was readily achievable constitute unlawful discrimination within the meaning of 42 U.S.C. § 12188(b)(1)(B)(i) and 28 C.F.R. § 36.503(a) and raise an issue of general public importance within the meaning of 42 U.S.C. § 12188(b)(1)(B)(ii) and 28 C.F.R. § 36.503(b).

11. Not later than April 27, 1998, Dover Downs will develop a policy for the transportation of individuals with disabilities to and from the designated accessible parking areas to the raceway. Dover Downs will submit this policy to the Department of Justice for its review, comment and approval by April 27, 1998, and will implement the approved policy by May 30, 1998.

12. Not later than June 26, 1998, Dover Downs will develop an employee training program regarding non-discriminatory service of individuals with disabilities. Training of employees shall be provided at least annually in the normal course of training conducted by Dover Downs. New employees shall be trained by Dover Downs within 30 days after commencing employment or by the beginning of the event for which such employees are hired. Defendant Dover Downs will submit its training program to the Department for its review, comment and approval by June 26, 1998. Such program shall include the name of the person or entity proposed to conduct the training.

13. Not later than December 31, 2000, in order to fully comply with the Standards and remedy the violations identified in Exhibit 1, Dover Downs will complete the specific actions identified in Exhibit 2. The actions specified in Exhibit 2 are numbered to correspond to the violations identified in Exhibit 1.

14. Architectural drawings and specifications for the remedies specified in Exhibit 2 will be provided to the United States for its review and approval no later than 60 days prior to commencement of construction of each element.

15. Dover Downs will submit annual status reports to counsel for the United States regarding the completion of the action items designated on Exhibit 2. Such reports shall be submitted on or before December 31 of each year until such time as all of the action items listed on Exhibit 2 have been completed. If any steps have not been completed (or timely completed), the report shall so indicate and explain why such steps have not been completed.

16. The parties hereto agree to negotiate in good faith to resolve any dispute relating to the interpretation or implementation of this order before bringing the matter to the Court's attention.

17. The Court shall retain jurisdiction of this action to enforce the provisions of this order through December 31, 2001, after which time all of its provisions shall be terminated, unless the Court determines it is necessary to extend any of its requirements, in which case those requirements shall be extended.

18. Defendant Dover Downs shall comply with the ADA Standards in any future involvement by it in the design and construction or alteration of the Dover Downs facility that is the subject of this Order.

19. This agreement relates solely to the facts and events alleged in the United States' complaint and shall govern the compliance of defendant Dover Downs with the ADA Standards for Accessible Design at the Dover Downs raceway. This agreement does not address, and shall not be construed to address, any other issues of ADA compliance at Dover Downs, or at any other commercial facility or place of public accommodation designed and constructed by defendant Dover Downs or any other violations of federal law.

20. Within thirty days of the date of this order, Dover Downs shall pay to Edward Guistwite, Sr. compensatory damages in the sum of Twenty Thousand Dollars ($20,000.00) by certified check, with a copy provided to the United States.

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

SO ORDERED this 16th day of April, 1998

/s/ Roderick R. McKelvie
United States District Judge

Agreed and Consented to:

For Plaintiff United States of America:

BILL LANN LEEGREGORY M. SLEET
Acting Assistant Attorney General United States Attorney
Civil Rights Division for the District of Delaware

____________________________ ____________________________

ROBERTA STINAR KIRKENDALL DAVID GREEN
Attorney Assistant United States
Disability Rights Section Attorney for the
Civil Rights Division District of Delaware
U.S. Department of Justice Delaware Bar I.D.
Post Office Box 66738 No. 3457
Washington, D.C. 20035-6738 U.S. Attorney's Office
(202) 307-0986 1201 Market Street,
(202) 307-1198 (fax) Suite 1100
P.O. Box 2046
Wilmington, Delaware 19899-2046

For Defendant Dover Downs:

________________________________

MICHAEL KINNARD, Attorney for Dover Downs Entertainment, Inc.
Vice President/General Counsel
2200 Concord Pike
Wilmington, Delaware 19803
(302) 426-2812
(302) 426-3555 (fax)

EXHIBIT 1

Failures of Dover Downs facility to

comply with the ADA Standards for Accessible Design

1. Parking -- Paved area adjacent to Enclosed Grandstand and Video Lottery Facility

a. There is no accessible parking within the paved parking area providing the required number of parking spaces, including van-accessible spaces with the required signage and striping.

b. There is no accessible route from the designated accessible spaces in the paved lot to at least one accessible entrance to the enclosed grandstand (and video lottery facility).

2. Parking -- Parking areas serving the North, South, and East Grandstands and the Sky box facility

a. There are no parking areas providing accessible spaces, including van-accessible spaces with the required signage and striping.

b. There is no accessible route provided from the parking areas to the portions of the facility that they serve.

3. Exterior entrances

a. There are no accessible entrances provided.

4. Routes to and throughout the facility

a. The route from Gate 14 to Gate 6 has a cross-slope exceeding 1:50. See Standards § 4.3.7.

b. The route from Gate 14 to Gate 6 is not stable, firm, and slip resistant. See Standards § 4.5.1.

c. The undersides of the stairways serving the exterior grandstands have structural elements that are protruding objects that provide circulation space of less than 80 inches of head room. See Standards § 4.4.2.

d. The route from Gate 6 to Gate 4 is not stable, firm, and slip resistant. See Standards § 4.5.1.

e. The transition between the asphalt pavement and the route at Gate 6 exceeds 1/2 inch. See Standards § 4.5.2.

f. The existing drain inlet grating in the walking surface along the route from Gate 6 to Gate 4 has openings that are greater than 1/2 inch. See Standards § 4.5.4.

g. The seven structural braces located below the sky boxes along the route from Gate 6 to Gate 4 are protruding objects that provide circulation space of less than 80 inches of minimum clear headroom. See Standards § 4.4.2.

h. The walkway at Gate 4 to the Concession Level has a slope that exceeds 1:12. See Standards § 4.8.2.

i. The walkway at Gate 2 to the Concession Level has a slope that exceeds 1:12. See Standards § 4.8.2.

j. The transitions in the asphalt in the immediate vicinity of Gate 4 exceed 1/4 inch in height and are not beveled. See Standards § 4.5.2.

k. The walkway at Gate 3 to the Concession Level has a slope that exceeds 1:12. See Standards § 4.8.2.

l. The walkway at Gate 5 to the Concession Level has a slope that exceeds 1:12. See Standards § 4.8.2.

m. The walking surface of the route(s) at Gates 5 and 3 to the Concession Level has a cross-slope that exceeds 1:50. See Standards § 4.3.7.

n. The walking surface along the route from the Press Gate to Gate 15 does not have a surface that is stable, firm, and slip resistant. See Standards § 4.5.1.

o. The undersides of the stairways along the route from the Press Gate to Gate 15 have structural elements that are protruding objects that provide circulation space of less than 80 inches of headroom. See Standards § 4.4.2.

p. The undersides of the stairways along the route between the two stairways at Gate 9 have structural braces that are protruding objects that provide circulation space of less than 80 inches of headroom. See Standards § 4.4.2.

q. The asphalt walkway along the route from Gate 6 to Gate 1 has a cross-slope that exceeds 1:50. See Standards § 4.3.7.

r. The walkway along the route at the Portal to the Concession Level at Gate 2 has a running slope that exceeds 1:20. See Standards §§ 4.3.7, 4.8.

s. The transition between the asphalt surfaces at the portal entry is not flush, with a change in level up in excess of _ inch. See Standards § 4.5.2.

t. The asphalt walkway intersection with the road at Gate 1 has a slope that exceeds 1:20 and does not meet the requirements for ramps. See Standards §§ 4.3.7, 4.8.2.

u. The asphalt walkway along the route from Gate 1 to Gate 9 has a cross-slope that exceeds 1:50. See Standards § 4.3.7.

v. The walkway surface along the route from Gate 1 to the Gate 9 is not stable, firm, and slip resistant. See Standards § 4.5.1.

w. The walkway along the route from the Portal to the Concession Level at Gate 3 has a running slope in excess of 1:20 and does not have handrails or meet the requirements for ramps. See Standards §§ 4.3.7, 4.8.

x. The transition between the asphalt surfaces on the walkway along the route at the portal entry to the Concession Level at Gate 3 exceeds 1/2 inch. See Standards § 4.5.2.

5. Ramps

a. The handrails on the ramp near Gate 6 are not continuous at the landings and do not have the required horizontal extensions. See Standards § 4.8.5.

b. The handrails on the ramp near Gate 6 are not continuous, uninterrupted gripping surfaces. See Standards § 4.26.4.

c. The ramp near Gate 4 has a slope that exceeds 1:12, a rise that exceeds 30 inches, a gripping surface that is too large, and the ground surface is not stable, firm and slip resistant. See Standards § 4.8.

d. There is no accessible ramp provided at Gate 5 that provides access to the grandstands and concession levels. See Standards § 4.8.

e. The handrails on the ramp near Gate 9 are not continuous at the landings, do not have the required horizontal extensions, and are mounted too low. See Standards §§ 4.8.5(2), (5).

f. Structural elements from the mid-level switchback of the ramp at Gate 9 protrude into the circulation path with less than 80 inches of headroom provided. See Standards § 4.4.2.

g. The walls adjacent to the handrails at the ramp at Gate 9 are not free of sharp or abrasive elements. See Standards § 4.26.4.

6. Enclosed grandstand -- Mezzanine Level

a. There are no handrails provided at the ramps leading to the Grandstand Seating. See Standards § 4.8.5.

b. There are no handrails provided at the ramp leading to the Dining Room area. See Standards § 4.8.5.

7. Stairs Below Stands

a. The stairs have open risers. See Standards § 4.9.2.

b. The bottom landing at each stair does not provide a uniform riser height. See Standards § 4.9.2.

c. The handrails at each stair do not have horizontal extensions that are the required length. See Standards § 4.9.4(2).

d. The handrails at each stair do not have continuous gripping surfaces. See Standards § 4.9.4(4).

e. The gripping surfaces on the handrails at each stair are not free of obstructions or sharp and abrasive elements. See Standards § 4.26.4.

f. The handrails at the grandstand portals are not mounted with the proper space between the adjacent angle support. See Standards § 4.26.2.

g. The handrails at each stair do not have rounded ends or return smoothly to the wall. See Standards § 4.9.4(6).

h. The handrails are not mounted with the required clearance below the guardrails. See Standards § 4.26.2.

i. The handrails on the stairs between Gate 8 and Gate 6 are not continuous and do not have extensions. See Standards § 4.9.4.

j. The stairs between Gate 6 and Gate 4 have open risers. See Standards § 4.9.2.

8. Stairs Above Stands

a. The stairs have open risers. See Standards § 4.9.2.

b. The bottom landing at each stair does not provide a uniform riser height. See Standards § 4.9.2.

c. The handrails at each stair are not continuous and do not have extensions past the top or bottom riser. See Standards § 4.9.4(2).

d. The handrails at each stair do not have a smooth, uninterrupted gripping surface. See Standards § 4.26.4.

e. The handrails at each stair are not mounted with the required clearance below the guardrails. See Standards § 4.26.2.

f. The 20 wooden staircases leading to the wooden grandstands have open risers. See Standards § 4.9.2.

g. The risers on the 20 wooden staircases leading to the wooden grandstands are not of uniform height. See Standards § 4.9.2.

h. The handrails on the 20 wooden staircases leading to the wooden grandstands are not continuous, do not have extensions at the top and bottom risers, and are not free of sharp or abrasive elements. See Standards §§ 4.9.4(2), 4.26.4.

i. The handrails on the stairs from grade to the Chalet Building do not have extensions past the bottom riser. See Standards § 4.9.4(2).

9. Elevators

a. The existing elevator car controls on the elevator(s) in the enclosed grandstand are not accessible. See Standards § 4.10.12.

b. The elevator call buttons on the elevator(s) in the enclosed grandstand are mounted too high. See Standards § 4.10.3.

c. Proper visual and audible signals at the hoist way entrance to the elevator(s) in the enclosed grandstand are not provided. See Standards §§ 4.10.4, 4.10.4(2).

d. There are no raised and Braille floor designations located at both jambs at each elevator hoist way entrance. See Standards § 4.10.5.

e. The bottom landing at the elevator to the sky boxes has a cross-slope that exceeds 1:50. See Standards § 4.3.7.

10. Doors

a. Doors leading to the restrooms and other spaces overlooking the Paddock Room at the enclosed grandstand have an opening force in excess of 5 lbf. See Standards § 4.13.11(2)(b).

b. The walkway at the entry door to the Chalet Building has a threshold height that does not provide a level landing and exceeds 1/2 inch. See Standards §§ 4.13.8,4.3.6.

c. The hardware on the entry door and restroom doors at the Chalet Building requires tight grasping, pinching and twisting of the wrist. See Standards § 4.13.9.

d. The thresholds at the entry doors to the sky boxes do not provide a level maneuvering space and the thresholds exceed 1/2 inch. See Standards §§ 4.5.2, 4.13.6, 4.13.8.

e. The hardware on the sky box entry doors and skybox restroom doors requires tight grasping, pinching and twisting of the wrist. See Standards § 4.13.9.

f. The doors leading to the lobby at the ticket windows have an opening force that exceeds 5 lbf. See Standards § 4.13.11(2)(b).

11. Drinking fountains

a. There are no accessible drinking fountains on the second floor of the enclosed grandstand. See Standards §§ 4.1.3(10)(b), 4.15.2, 4.15.3.

b. There are no accessible drinking fountains on the mezzanine level of the enclosed grandstand. See Standards §§ 4.1.3(10)(b), 4.15.2, 4.15.3.

c. There are no accessible drinking fountains located in the lobby at the ticket office. See Standards §§ 4.1.3(10)(b), 4.15.2, 4.15.3.

12. Restroom "A" -- (Men's and Women's) Between Gates 14 and 12 (Open Grandstands)

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

c. The grab bars in the designated accessible toilet stalls do not have a continuous gripping surface with the required dimensions. See Standards § 4.17.6.

d. The toilet paper dispensers in the designated accessible toilet stalls are not mounted at the required height. See Standards § 4.17.6, Fig. 30(d).

e. The hardware on the doors to the designated accessible toilet stalls requires tight grasping, pinching and twisting of the wrist. See Standards § 4.19.5.

13. Restroom "B" -- (Men's and Women's) Between Gates 10 and 8

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

c. The designated accessible toilet stalls do not have the required clear floor space. See Standards § 4.17.3, Fig. 30(a).

d. Toilets within the designated accessible toilet stalls are not mounted with the centerline 18 inches from the sidewall. See Standards § 4.17.3, Fig. 30(a).

e. The grab bars in the designated accessible toilet stalls do not have a continuous gripping surface with the required dimensions. See Standards § 4.17.6.

f. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

g. The entrance ramps to the restrooms do not provide edge protection at the drop-offs. See Standards § 4.8.7.

h. The entrance ramps to the restrooms have a cross-slope that exceeds 1:50. See Standards § 4.8.6.

i. The entrance ramps to the restrooms are not smooth and continuous and do not have the required clear width. See Standards §§ 4.8.3, 4.8.6.

14. Restroom "C" -- (Men's and Women's) Between Gates 8 and 6

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

c. The designated accessible toilet stalls do not have the required clear floor space. See Standards § 4.17.3, Fig. 30(a).

d. The grab bars in the designated accessible toilet stalls do not have a continuous gripping surface with the required dimensions, and are not mounted at the required height. See Standards § 4.17.6, Fig. 30(a).

e. The toilet paper dispensers in the designated accessible toilet stalls are not mounted at the required height. See Standards § 4.17.6, Fig. 30(d).

f. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

g. The entrance ramps to the restrooms do not provide edge protection at the drop-offs. See Standards § 4.8.7.

h. One entrance ramp to the restrooms has a cross-slope that exceeds 1:50. See Standards § 4.8.6.

i. One entrance ramp to the restrooms has a slope that exceeds 1:12. See Standards § 4.8.2.

j. One entrance ramp to the restrooms is not smooth and continuous and does not have the required clear width. See Standards §§ 4.8.3, 4.8.6.

15. Restroom "D" -- (Men's and Women's) Between Gates 4 and 2

a. The surface of the routes to restroom "D" are not stable, firm, and slip resistant. See Standards §§ 4.3.2(2), 4.5.1.

b. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

c. The lavatories in the restroom do not provide the required clear floor space and knee clearance. See Standards §§ 4.19.2, 4.19.3.

d. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

e. The designated accessible toilet stalls in each restroom do not have the required clear floor space. See Standards § 4.17.3, Fig. 30(a).

f. The grab bars in the designated accessible toilet stalls do not have a continuous gripping surface with the required dimensions, and are not mounted at the required height. See Standards § 4.17.6, Fig. 30(a).

g. The toilet paper dispensers in the designated accessible toilet stalls are not mounted at the required height. See Standards § 4.17.6, Fig. 30(d).

h. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

i. The entrance ramps to the restrooms do not provide edge protection at the drop-offs. See Standards § 4.8.7.

j. One entrance ramp to the restrooms has a slope that exceeds 1:20. See Standards §§ 4.3.7, 4.8.

k. There is wiring and other potential hazards on the surface areas of one entrance ramp to the restrooms. See Standards §§ 4.8.6, 4.8.8, 4.5.

16. Restroom "E" -- (Men's and Women's) Between Gates 2 and 1

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. The lavatories in the restroom do not provide the required clear floor space and knee clearance. See Standards §§ 4.19.2, 4.19.3.

c. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

d. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

e. There are no "standard" accessible toilet stalls. See Standards § 4.17, Fig. 30(a).

f. There are no accessible urinals located in men's restroom "E". See Standards § 4.18.

17. Restroom "F" -- (Men's and Women's) Between Gates 1 and 3

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. The lavatories in the restroom do not provide the required clear floor space and knee clearance. See Standards §§ 4.19.2, 4.19.3.

c. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

d. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

e. There are no "standard" accessible toilet stalls. See Standards § 4.17, Fig. 30(a).

f. There are no accessible urinals located in men's restroom "F". See Standards § 4.18.

18. Restroom "G" -- (Men's and Women's) Below the Pressbox Building

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. The lavatories in the restroom do not provide the required clear floor space and knee clearance. See Standards §§ 4.19.2, 4.19.3.

c. The designated accessible toilet stalls in each restroom do not have the required clear floor space. See Standards § 4.17.3, Fig. 30(a).

d. The grab bars in the designated accessible toilet stalls do not have a continuous gripping surface with the required dimensions, and are not mounted at the required height. See Standards § 4.17.6, Fig. 30(a).

e. The toilet paper dispensers in the designated accessible toilet stalls are not mounted at the required height. See Standards § 4.17.6, Fig. 30(d).

f. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

g. The entrance to the restrooms has a change in level that exceeds 1/2 inch, and no ramp is provided. See Standards §§ 4.5.2, 4.8.

19. Restroom "H" -- (Men's and Women's) at Gate 9

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

c. There are no "standard" accessible toilet stalls. See Standards § 4.17, Fig. 30(a).

d. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

e. The entrance ramps and landings do not provide edge protection at the drop-offs. See Standards § 4.8.7.

f. The entrance ramps have a slope that exceeds 1:20. See Standards §§ 4.3.7, 4.8.

g. The entrance ramp surfaces are not smooth and continuous, and are not the required width. See Standards §§ 4.8.3, 4.8.6.

20. Restroom "J" -- (Men's and Women's) Between Gates 11 and 13

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. The designated accessible toilet stalls do not have the required clear floor space. See Standards § 4.17.3, Fig. 30(a).

c. The grab bars in the designated accessible toilet stalls do not have a continuous gripping surface with the required dimensions, and are not mounted at the required height. See Standards § 4.17.6, Fig. 30(a).

d. The toilet paper dispensers in the designated accessible toilet stalls are not mounted at the required height. See Standards § 4.17.6, Fig. 30(d).

e. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

f. One entrance ramp to the restrooms and the landings does not provide edge protection at the drop-offs. See Standards § 4.8.7.

g. The entrance ramps to the restrooms have a running slope that exceeds 1:20. See Standards §§ 4.3.7, 4.8.

h. One entrance ramp to the restrooms is not smooth and continuous and does not have the required clear width. See Standards §§ 4.8.3, 4.8.6.

i. The transitions at the bottom of one entrance ramp to the adjacent walking surface exceed _ inch and are not flush. See Standards § 4.5.2.

21. Restroom "K" -- (Men's and Women's) Below the Chalet Building

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. The designated accessible toilet stalls do not have the required clear floor space. See Standards § 4.17.3, Fig. 30(a).

c. Toilets within the designated accessible toilet stalls are not mounted with the centerline 18 inches from the sidewall. See Standards § 4.17.3, Fig. 30(a).

d. The grab bars in the designated accessible toilet stalls do not have a continuous gripping surface with the required dimensions and are not mounted at the required height. See Standards § 4.17.6, Fig. 30(a).

e. The toilet paper dispensers in the designated accessible toilet stalls are not mounted at the required height. See Standards § 4.17.6, Fig. 30(d).

f. There are no toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

g. The transitions between the asphalt entrance ramps and the adjacent concrete apron exceed 1/2 inch and are not flush. See Standards § 4.5.2.

h. The entrance ramps to the restrooms have a running slope that exceeds 1:20. See Standards §§ 4.8.2, 4.8.6.

22. Restroom "L" -- (Men's and Women's) In the Track Infield

a. The surface of the route to restroom "L" is not stable, firm, and slip resistant. See Standards §§ 4.3.2(2), 4.5.1.

b. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

c. The hot water and drain pipes at the designated accessible lavatories are not insulated or otherwise configured to protect against contact. See Standards § 4.19.4.

d. There are no paper towel dispensers in the restroom that are mounted at the required height and with the required clear floor space. See Standards § 4.22.7.

e. There are no "standard" accessible toilet stalls provided in the restroom. See Standards § 4.17, Fig. 30(a).

f. The threshold at the entrance door to each restroom exceeds 1/2 inch and no ramp is provided. See Standards § 4.5.2.

23. Enclosed Grandstand -- First Floor Restrooms (Men's and women's)

a. The operating controls at the lavatories in the restroom require tight grasping, pinching and twisting of the wrist. See Standards §§ 4.19.5, 4.27.4, 4.23.6.

b. The hot water and drain pipes at the designated accessible lavatories are not insulated or otherwise configured to protect against contact. See Standards § 4.19.4.

c. The mirror in the men's restroom is not mounted at the required height. See Standards § 4.19.6.

d. The shelves in the women's restroom are not mounted at the required height. See Standards §§ 4.2.5, 4.2.7.

e. The toilet seat in the designated accessible toilet stall in the men's room is not mounted at the required height. See Standards § 4.16.3.

f. The grab bars in the designated accessible toilet stalls are not the required length and are not mounted in the required location. See Standards § 4.17.6.

g. The toilet paper dispensers in the designated accessible toilet stall(s)in the men's restroom are not mounted at the required height. See Standards § 4.17.6, Fig. 30(d).

h. The designated accessible toilet stalls that provide a lavatory within the stall do not provide the required clear floor space at the toilet and the lavatory. See Standards § 4.17.3, Fig. 30(a).

i. There are no accessible urinals in the men's restroom. See Standards §§ 4.18, 4.22.5.

24. Second Floor Men's and Women's Restrooms -- South End

a. There are no accessible toilet stalls in the restrooms. See Standards §§ 4.17, 4.22.4.

b. There are no accessible urinals in the men's restroom. See Standards §§ 4.18, 4.22.5.

c. There are no accessible lavatories in each restroom, including operating controls that do not require tight grasping, pinching and twisting of the wrist, and mirrors (if available) mounted at the proper height. See Standards §§ 4.19, 4.22.6.

d. There are no soap, paper towel and toilet paper dispensers mounted at the required height in each restroom. See Standards § 4.22.7.

e. The men's restroom entrance door does not have the required maneuvering space. See Standards § 4.13.6, Fig. 25.

f. The corridor and entrance door to the women's restroom does not have the required maneuvering space. See Standards § 4.13.6, Fig. 25.

g. There are no accessible toilet stalls in the restrooms overlooking the Paddock Room. See Standards §§ 4.17, 4.22.4.

h. There are no accessible urinals in the men's restroom overlooking the Paddock Room. See Standards §§ 4.18, 4.22.5.

i. There are no accessible lavatories in the restrooms overlooking the Paddock Room, including operating controls that do not require tight grasping, pinching and twisting of the wrist, and mirrors (if available) mounted at the proper height. See Standards §§ 4.19, 4.22.6.

j. There are no paper towel dispensers mounted at the required height in each restroom overlooking the Paddock Room. See Standards §§ 4.2.5, 4.2.6, 4.22.7.

k. There are no toilet stalls in the restrooms overlooking the Paddock Room that are accessible to ambulatory persons. See Standards § 4.22.4.

l. There is insufficient maneuvering space at the entrance doors to each restroom overlooking the Paddock Room. See Standards, § 4.13.6, Fig. 25.

25. Mezzanine Level Restrooms (2 each -- Men's and Women's)

a. There are no accessible toilet stalls in each of the restrooms. See Standards §§ 4.17, 4.22.4.

b. There are no accessible urinals in the men's restrooms. See Standards §§ 4.18, 4.22.5.

c. There are no accessible lavatories in each restroom, including operating controls that do not require tight grasping, pinching and twisting of the wrist, and mirrors (if available) mounted at the proper height. See Standards §§ 4.19, 4.22.6.

d. There are no soap, paper towel and toilet paper dispensers mounted at the required height in each restroom. See Standards § 4.22.7.

e. The entrances to each restroom do not have the required maneuvering space. See Standards § 4.13.6, Fig. 25.

f. There are no toilet stalls in the women's restrooms that are accessible to ambulatory persons. See Standards § 4.22.4.

26. Chalet Building Restrooms (2 Single-User per Suite)

a. There are no accessible restrooms in the suites, including lavatories, operating controls and dispensers. See Standards § 4.22.

27. Sky box Restrooms (2 Single-User per Suite)

a. There are no accessible restrooms in the suites, including lavatories, operating controls and dispensers. See Standards § 4.22.

28. Ticket Windows at Track Offices Restroom

a. There are no features of accessibility in the restroom adjacent to the ticket windows, including lavatories, operating controls and dispensers. See Standards § 4.22.

29. Enclosed Grandstand Fire Alarm Pull Stations

a. The fire alarm pull stations are too high. See §§ 4.2.5, 4.2.6.

30. Open Grandstands Signage

a. There is no signage mounted on the walls adjacent to the doors to each restroom facility with raised letters and Braille designating the men's and women's restrooms. See Standards §§ 4.1.3(16), 4.30.

b. There is no directional signage with the International symbol of accessibility indicating accessible restrooms. See Standards §§ 4.1.2(7)(d), 4.1.6(2)(e)(iii), 4.30.7(1).

c. There is no directional and informational signage at inaccessible entrance gates that identifies accessible entrance gates. See Standards § 4.1.6(1)(h).

31. Enclosed Grandstands -- Restroom Signage

a. There is no signage mounted on the walls adjacent to the doors to each restroom facility with raised letters and Braille designating the men's and women's restrooms. See Standards §§ 4.1.3(16), 4.30.

32. Exterior Telephones

a. There are no public telephones in each bank of telephones mounted at the required height. See Standards §§ 4.1.3(17)(a), Note 3, 4.31.3.

b. The ground surface at each bank of public telephones is not stable, firm, and slip resistant. See Standards § 4.5.1.

c. There are no volume controls at the public telephones. See Standards § 4.31.5(2).

d. The public telephones are not hearing aid compatible. See Standards § 4.31.5(1).

33. Interior Telephones

a. There are no accessible public telephones. See Standards § 4.1.3.(17)(a).

b. There are no volume controls at the public telephones. See Standards § 4.31.5(2).

c. The public telephones are not hearing aid compatible. See Standards § 4.31.5(1).

d. A text telephone is not available for public use at the public telephones. See Standards §§ 4.1.3(17)(i), 4.31.9.

34. Assembly Areas and Seating -- Open Grandstands

a. There are an insufficient number of wheelchair accessible seats of the required size and with fixed companion seating in the open grandstands. See Standards §§ 4.1.3(19)(a), 4.33.3.

35. Enclosed Grandstand Seating

a. There are an insufficient number of wheelchair accessible seats of the required size, in the proper locations, and with fixed companion seating provided on the second floor. See Standards § 4.1.3(19)(a).

b. There are no removable or folding armrests at the aisle seats on the second floor. See Standards § 4.1.3(19)(a).

c. There are an insufficient number of wheelchair accessible seats of the required size, in the proper locations, and with fixed companion seating provided, on the third floor. See Standards § 4.1.3(19)(a).

d. There are no removable or folding armrests at the aisle seats on the third floor. See Standards § 4.1.3(19)(a).

36. Skybox Suites

a. The skybox suites are multilevel, and there are no accessible seats with fixed companion seats provided. See Standards § 4.1.3(19)(a).

37. Open Grandstands -- Ticket Windows and Counters Violations

a. There are no accessible ticket counters between Gates 8 and 6. See Standards § 7.2(2)(ii),(iii).

b. The ground surface at the ticket counters between Gates 8 and 6 is not stable, firm, and slip resistant. See Standards § 4.5.1.

c. There are no accessible concession counters between Gate 4 and Gate 2. See Standards § 7.2(1).

d. There are no accessible concession counters between Gate 3 and Gate 5. See Standards § 7.2(1).

e. There are no accessible ticket counters near Gate 5. See Standards § 7.2(2)(ii),(iii).

f. The ground surface at the ticket counters near Gate 5 is not stable, firm, and slip resistant. See Standards § 4.5.1.

g. There are no accessible counters at the souvenir stand under the pressbox. See Standards § 7.2.1.

h. There are no accessible concession counters near Gate 9. See Standards § 7.2(1).

i. There are no accessible counters at the souvenir stand under the Chalet Building. See Standards § 7.2(1).

j. There are no accessible counters at the concession stand under the Chalet Building. See Standards § 7.2(1).

38. Enclosed Grandstand -- Ticket Windows and Counters

a. There are no accessible betting windows on the second floor. See Standards § 7.2(2)(ii),(iii).

b. There are no accessible concession counters on the second floor. See Standards § 7.2(1).

c. There are no accessible betting windows on the mezzanine. See Standards § 7.2(2)(ii),(iii).

d. There are no accessible concession counters on the mezzanine. See Standards § 7.2(1).

e. There are no accessible betting windows on the third floor. See Standards § 7.2(2)(ii),(iii).

f. The north concession counter on the third floor is not accessible. See Standards § 7.2(1).

39. Ticket Windows at Track Offices

a. The ticket windows at the track offices are not accessible. See Standards § 7.2(ii),(iii).

40. Video Lottery Facility

a. All men's and women's restrooms with six stalls or more do not provide toilet stalls that are accessible to ambulatory persons. See Standards § 4.22.4.

b. All sales and service counters, including food service counters and cashier windows, do not have a portion of the counter mounted at an accessible height. See Standards §§ 5.2, 7.2.

EXHIBIT 2

Actions to be taken by Dover Downs Entertainment, Inc.

to remedy failures of the Dover Downs facility

to comply with the ADA Standards for Accessible Design

1. Parking -- Paved area adjacent to Enclosed Grandstand and Video Lottery Facility

a. A parking area with at least the required number of parking spaces, including van-accessible spaces with the required signage and striping, shall be provided, consistent with the Standards, § 4.1.2(5).

b. At least one accessible route from the accessible spaces in the paved lot to at least one accessible entrance to the enclosed grandstand (and video lottery facility) shall be provided, consistent with the Standards, § 4.3.

2. Parking -- Parking areas serving the North, South, and East Grandstands and the Sky box facility

a. Parking areas, with at least the required number of accessible parking spaces, including van-accessible spaces with the required signage and striping, shall be provided, consistent with the Standards, § 4.1.2(5).

b. Designated accessible parking spaces shall be connected to the portion of the facility they serve by an accessible route, consistent with the Standards, §§ 4.1.2(1), 4.6.

3. Exterior accessible entrances

a. At least one accessible entrance to each discrete public building or function will be provided, consistent with the Standards, § 4.14.

4. Accessible route

a. The route from Gate 14 to Gate 6 will be modified to have a cross-slope not exceeding 1:50, consistent with the Standards, § 4.3.7.

b. The route from Gate 14 to Gate 6 will be modified to be stable, firm, and slip resistant, consistent with the Standards, § 4.5.1.

c. Cane-detectable barriers will be installed under all stairways, consistent with the Standards, § 4.4.2.

d. The route from Gate 6 to Gate 4 will be modified to be stable, firm, and slip resistant, consistent with the Standards, § 4.5.1.

e. The transition between the asphalt pavement and the accessible route at Gate 6 will be modified not to exceed 1/2 inches, consistent with the Standards, § 4.5.2.

f. The existing drain inlet grating in the walking surface along the route from Gate 6 to Gate 4 will be replaced with a drain inlet grating that is consistent with the Standards, § 4.5.4.

g. Cane-detectable barriers will be installed around the seven structural braces below the sky boxes along the route from Gate 6 to Gate 4, consistent with the Standards, § 4.4.2.

h. The walkway at Gate 4 to the Concession Level will be modified to have a slope that is consistent with the Standards, § 4.8.2.

i. The walkway at Gate 2 to the Concession Level will be modified to have a slope that is consistent with the Standards, § 4.8.2.

j. The transitions in the asphalt in the immediate vicinity of Gate 4 will be beveled, consistent with the Standards § 4.5.2.

k. The walkway at Gate 3 to the Concession Level will be modified to have a slope that is consistent with the Standards, § 4.8.2.

l. The walkway at Gate 5 to the Concession Level will be modified to have a slope that is consistent with the Standards, § 4.8.2.

m. The walking surface of the route(s) at Gates 5 and 3 to the Concession Level will be modified to have a cross-slope that is consistent with the Standards, § 4.3.7.

n. The walking surface along the route from the Press Gate to Gate 15 will be modified to have a surface that is stable, firm, and slip resistant, consistent with the Standards, § 4.5.1.

o. Cane-detectable barriers will be installed beneath each stairway along the route from the Press Gate to Gate 15, consistent with the Standards, § 4.4.2.

p. Cane-detectable barriers will be installed beneath the structural braces in the walkways between the two stairways at Gate 9, consistent with the Standards, § 4.4.2.

q. The asphalt walkway along the route from Gate 6 to Gate 1 will be modified to have a cross-slope that is consistent with the Standards, § 4.3.7.

r. The walkway along the route at the Portal to the Concession Level at Gate 2 will be modified to have a slope that is consistent with the Standards, §§ 4.3.7, 4.8.

s. The transition between the asphalt surfaces at the portal entry will be made flush, consistent with the Standards, § 4.5.2.

t. The asphalt walkway intersection with the road at Gate 1 will be modified to have a slope that is consistent with the Standards, §§ 4.3.7, 4.8.2.

u. The asphalt walkway along the route from Gate 1 to Gate 9 will be modified to have a cross-slope that is consistent with the Standards, § 4.3.7.

v. The walkway surface along the route from Gate 1 to the Gate 9 will be modified to be stable, firm, and slip resistant, consistent with the Standards, § 4.5.1.

w. The walkway along the route from the Portal to the Concession Level at Gate 3 will be modified to have handrails consistent with the Standards' requirements for ramps, § 4.3.7.

x. The transition between the asphalt surfaces on the walkway along the route at the portal entry to the Concession Level at Gate 3 will be modified not to exceed 1/2 inch, consistent with the Standards, § 4.5.2.