ATTACHMENT A
TO SETTLEMENT AGREEMENT
BETWEEN UNITED STATES
AND
CIRCUS CIRCUS MISSISSIPPI, INC.
The Department of Justice surveyed the Gold Strike Casino Resort for compliance with the new construction standards of title III of the Americans with Disabilities Act (ADA), 28 C.F.R. Part 36, App. A (the “Standards”). The casino portion of this resort was constructed in 1994 and the hotel tower in 1997. The Department also received information about the facility separate from the site visits. The Department’s findings set forth below include alleged violations of the ADA Standards as well as alleged violations of the ADA and its regulations concerning maintenance of accessible features; reasonable modification of policies, practices and procedures; barrier removal; and effective communication. For each paragraph, the time frame for Circus Circus Mississippi to remedy the violation (after the effective date of the Settlement Agreement) appears in parentheses. For compliance purposes, all dimensions are subject to the conventional building industry tolerances for field conditions. Standards §3.2.
A. Accessible routes
1. Bus passenger loading and unloading area to the hotel and casino (9 months). The area for bus passenger loading and a corresponding route was not evident during the site visit. The resort must provide enhanced directional signage that clearly identifies the accessible loading zone for buses (either at the Porte Cochere or elsewhere) and the accessible route from the loading zone to the entrance of the hotel and casino. Standards §§4.1.2(1), 4.1.2(2), 4.3.2(1).
2. Employee parking lot to employee entrance (9 months).
a. Accessible route. There is no accessible route from the employee parking lot to the employee entrance. The driveway that is used as the employee route has a slope of 1:16, making it a non-compliant ramp. A compliant ramp must be at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; have level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; have edge protection at least 2 inches high at the drop off sides; and have handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface and mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and constructed so that they do not rotate within their fittings. See paragraph B.2 below for alternative remedy. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.2(1), 4.3.7, 4.8.
b. Employee entrance. The employee entrance is not accessible because there is a 1 ½-inch step from the asphalt drive to the concrete sidewalk. Changes in level greater than ½ inch shall be accomplished by means of a curb ramp or ramp. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.2(1), 4.3.8, 4.8.
3. Vertical access to all levels (36 months). The casino lacks passenger elevator service to one level of the building. Standards §§4.1.3(5), 4.10.
4. Elevators to ballroom and conference level from main level (18 months).
a. The clearance between the elevator car and the hoistway is 1-1/2 inches wide rather than the 1 1/4-inch maximum. Standards §4.10.9.
b. The door of the emergency communications panel cannot be opened without tight grasping and pinching. Standards §§4.10.14 and 4.27.4.
5. Elevator bank to the 16th floor in guest room tower (18 months).
a. The #5 button does not light up. A public accommodation shall maintain in operable working condition those features of equipment that are required to be readily accessible to and usable by persons with disability. 28 C.F.R. §36.211; Standards § 4.10.12(2).
b. The hoistway signs are centered at 64 inches above the floor rather than 60 inches. Standards §4.10.5, Fig. 20.
B. Parking
1. Parking Garage (9 months).
a. Valet and management parking, Level 1. This level contains 218 valet parking spaces and 12 non-valet parking spaces, and no designated accessible spaces. Valet parking facilities, including the drop off and pick up area for valet parking, do not require accessible spaces; however, an accessible passenger loading zone is required. Standards §§4.1.2(5)(e), 4.6.6. The accessible passenger loading zone must be connected to an accessible route to the accessible entrance of the facility. The 12 nonvalet spaces will be included in the count of spaces for the entire garage for purposes of determining the required number of accessible spaces.
b. Guest parking, Levels 2 - 5. These levels contain a reported total of 1,059 parking spaces for guest parking, 16 of which are reported to be standard accessible parking spaces, and 12 of which are reported to be van accessible parking spaces. The designated accessible spaces do not have accessible parking signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. The van accessible spaces do not have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(a) & (b), 4.6.4.
2. Employee parking lot. There are no designated accessible parking spaces in the employee parking lot, which is reported to have 525 spaces. Eleven designated accessible parking spaces are required, of which 2 must be van accessible. Standards §§4.1.2(5)(a) & (b), 4.6. The resort may choose to provide these accessible spaces in a parking facility closer to the employee entrance in order to provide a shorter route for employees with disabilities and to remedy the lack of an accessible route from the employee parking lot to the entrance. If such an option is chosen, and one or more accessible spaces are not needed for employees, the resort may make the parking space(s) currently designated as accessible available for general use by covering the accessible parking sign(s).
3. Central Plant parking lot, with 7 parking spaces, is lacking one van-accessible space. Standards §§4.1.2(5)(a) & (b), 4.6.
4. Chart. The following chart shows the tabulation of the existing accessible spaces as reported by the resort alongside the number of parking spaces required per the Standards.
Parking Lot Location/ Description Total Number of non-Valet Parking Spaces Provided Total Number of Accessible Spaces Required Total Number of Accessible Spaces Provided Number of Van Accessible Spaces Required 2 Number of Van Accessible Spaces Provided 3 Guest on-site Hotel side lot 89 6 2 Hotel front lot Garage side lot Total1 Parking Garage 1st Level (Management) 12 2nd Level 3rd Level 4th Level 5th Level Totals 1
(floors 1-5)Theater (F-Building) Supervisor/HR Employee
C. Hotel
1. Registration counter or front desk (3 months). There is no lowered portion of the counter that is at least 36 inches in length with a maximum height of 36 inches above the finished floor, nor an auxiliary counter, maximum 36 inches high, provided close to the registration counter. The Gold Strike may meet this requirement by providing equivalent facilitation. Standards §7.2(2).
2. TTY at PBX and in guest rooms (3 months). There are presently five TTY telephones available for use at the facility, which is a sufficient number so long as it meets guests’ needs for TTY’s. In order for guests with hearing impairments to use a TTY phone in their room to contact hotel services, there must be a TTY phone at the PBX, and hotel staff must be trained on its use. The remaining TTY’s must be made available for use in guest rooms by guests who are deaf or hard of hearing. 28 C.F.R. § 36.303(d).
3. Accommodations.
a. Reservations policy (3 months). The Gold Strike Casino Resort’s website reservations system does not allow a patron to reserve an accessible guest room or suite directly over the Internet. 28 C.F.R. §§36.201, 36.202.
b. Classes of sleeping accommodations (24 months; except 36 months for modification of accessible parlor suite). Sleeping rooms required to be accessible are not adequately dispersed among the various classes of sleeping accommodations available to guests of the hotel. Factors to be considered include type of room or suite, number and type of each bed, and amenities provided. Standards §9.1.4. The dispersal shown in Attachment B complies with this requirement.
c. Accessible guest room quantity (24 months). The following chart indicates the minimum number of accessible guest rooms required and provided for a hotel with a reported total of 1131 guest rooms. Standards §§9.1.2, 9.1.3. The hotel is short one accessible guest room and two guest rooms with features for people who are deaf or hard of hearing, and some of the designated accessible guest rooms lack features for people who are deaf or hard of hearing. Both mobility accessible guest rooms and guest rooms with features for people who are deaf or hard of hearing shall be equipped with visual emergency alarms that are connected to the building emergency alarm system and visible in all areas of the room or suite, and accessible electrical outlets within 4 feet of telephone connections to facilitate the use of TTY’s. These rooms shall also be equipped with visual notification devices to alert room occupants of incoming telephone calls and a door knock or bell, and smoke alarm activation, if smoke alarms are provided. The notification devices for a telephone call, door knock or bell, and smoke alarm may be provided from a portable kit. The hotel shall ensure that the kits are regularly maintained and that the hotel staff is trained to assist guests in the installation and use of these devices. Standards §§ 9.1.2, 9.2.2(8), 9.3.1, 9.3.2.
| Total rooms in hotel = 1,131 | Required number of guest rooms |
Reported existing number of guest rooms |
|---|---|---|
Accessible guest rooms (also must have features for people who are deaf or hard of hearing) |
22 |
21 (none with features for people who are deaf or hard of hearing) |
Additional accessible guest rooms with roll-in shower (also must have features for people who are deaf or hard of hearing) |
12 |
12 (none with features for people who are deaf or hard of hearing) |
Additional guest rooms with features for people who are deaf or hard of hearing |
22 |
20 |
d. Doors in guest rooms not designated as accessible (36 months). Some interior doors to bathrooms and into adjoining guest rooms do not provide the required 32-inch minimum clear opening width. Standards §§ 9.4, 4.13.5.e. Designated accessible guest rooms (24 months). The site visits surveyed 12 rooms, including two designated accessible guest rooms with accessible showers (roll-in and transfer), two designated accessible guest rooms with accessible bathtubs, two rooms for guests who are deaf or hard of hearing, two Jacuzzi suites, one two bedroom suite, one standard guest room not designed for persons with disabilities, and various connecting rooms not designed for persons with disabilities. The guest rooms surveyed were 1618 (Accessible Shower King), 1620 (Accessible Tub), 2817 (Deluxe Suite - king side of living room), 1607 (Hearing Accessible Queen), 337 (Suite A with Accessible Shower and Tub), 433 and 1931 (Jacuzzi Suites), 218 (Accessible Roll-in Shower), 1504-1506 (Standard Connecting), 1720 (Accessible Bathtub), 1907 (Hearing Accessible), and 2903 (2 Bedroom Suite).1 The following violations were observed at various locations:
i. Accessible route. There is no accessible route to the telephone in some rooms. Standards §§4.3.3, 9.2.2(1), 9.2.2(2).
ii. Shelf with clothes rod. The shelf with the clothes rod underneath is mounted at 66 ½ inches above the floor rather than at the 48- inch maximum allowable height. Standards §§4.2.5, 4.25.3, 9.2.2(4), Figs. 5(a) and 38.
iii. Security hardware. The security device mounted on the door frame is mounted higher than the 48-inch maximum allowable height. A side approach is not possible in the guest room foyer. Standards §§4.2.5, 4.27.3, 9.2.2(5), Fig. 5(a).
iv. Visual notification device for telephone. There is no visual notification device in some of the designated accessible guest rooms to alert guests who are deaf or hard of hearing that they have a telephone call. Standards §§9.3.1, 9.3.2.
v. Visual notification device for door knock. There is no visual notification device in some of the designated accessible guest rooms to alert guests who are deaf or hard of hearing of a door knock or bell. Standards §§9.3.1, 9.3.2.
vi. Visual alarm. Some rooms have no visual emergency alarm appliance that is connected to the building emergency alarm system. Standards §§9.3, 4.28.4.
vii. Controls. Room temperature controls are mounted at various heights exceeding the maximum allowable height of 48 inches for a forward approach or 54 inches for a side approach. Standards §4.2.5, 4.2.6, 4.27.3, 9.2.2(5) and Figs. 5, 6.
viii. Electrical outlet for TTY. Access to the electrical outlet provided within 4 feet of a telephone connection, to facilitate usage of a TTY, is obstructed by the bed. Standards §9.3.1.
ix. Rod to pull drapes. The rod is 57 inches above the floor rather than within the reach range of 54 inches for a side approach or 48 inches for a forward approach. In addition, the rod requires tight grasping to operate. Standards §§4.2.5, 4.2.6, 4.27.3, 4.27.4, 9.2.2(5).
1 Gold Strike shall consider the alleged violations set forth below as having also been identified for other comparable guest rooms designated as accessible and will confirm that all such guest rooms are in compliance as to these items. Appropriate distinctions apply per Standards §9.2 or §9.3 for mobility accessible and hearing accessible rooms respectively.
f. Bathroom in designated accessible guest rooms (24 months)i. Towel Rack. The towel rack is a protruding object. Objects projecting from walls with their leading edges between 27 inches and 80 inches above the finished floor shall protrude no more than 4 inches into the pathway. Standards §4.4.1, Fig. 8(a).
ii. Toilet flush control. The force required to activate the flush valve is 14 lbf. The maximum force allowed is 5 lbf. Standards §4.27.4, 9.2.2(5). The flush control is not automatic or on the open side of the water closet. Standards §§9.2.2(6)(e), 4.16.5.
iii. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Standards §§9.2.2(6)(e), 4.19.4.
iv. Visual emergency alarm strobe(s). A visual alarm connected to the building’s emergency alarm system is not visible from the bathroom. Standards §§9.3, 4.28.4.
g. Bathtub in designated accessible guest rooms (24 months)
i. The grab bar above the tub controls is mounted at 30 inches rather than 33 to 36 inches above the finished floor. Standards §§9.2.2(6)(e), 4.20.4, Fig. 34.
ii. The double parallel grab bars along the back wall are mounted at 6 inches rather than 9 inches above the tub rim, and at 29 ½ inches to the top of the grab bar rather than 33 to 36 inches above the finished floor. Standards §§9.2.2(6)(e), 4.20.4, Fig. 34.
iii. There is no securely mounted tub seat located as required by the Standards for an in-tub seat or for a built-in seat at the head of a tub. Advisory note: the vertical grab bar obstructs use of the rollup seat provided near the head of the tub.2 Standards §§9.2.2(6)(e), 4.20.3, Fig. 33.
iv. The faucets are not accessible because they require tight pinching or grasping to operate. Standards §§9.2.2(6)(e), 4.27.4.
h. Bathroom with roll-in shower in designated accessible guest room (24 months)
i. There is no accessible route to the bathroom because of a 4-inch change in height from the hallway to the bathroom floor. Standards §§9.2.2(6)(e), 4.3.7, 4.8.3
ii. The bathroom does not contain sufficient unobstructed wheelchair turning space because of the slope. Within the bathroom, an unobstructed turning space of 60 inches in diameter, or a "T" shaped turning space that is a minimum of 36 inches wide, with the space forming the top of the "T" extending at least 12 inches beyond the intersection in each direction and the space forming the base of the "T" extending at least 24 inches beyond the intersection is needed. Standards §§9.2.2(6)(e), 4.23.3, 4.2.3, Fig. 3.
iii. Roll-in shower
(a). The distance between the grab bars and the shower walls varies from 1 3/4 inches to 2 inches rather than the 1½ inches required. Standards §§9.2.2(6)(e), 4.26.2.
(b). The shower seat does not extend the full width of the shower. The shower seat must be either L shaped or rectangular and be the full width of the shower, in accordance with Fig. 57(a) or (b). Standards §§9.2.2(6)(e), 4.21.3, Fig. 57.
i. Designated accessible suite (24 months).i. Kitchenettes or wet bars. A clear floor space of 30 inches by 48 inches for a front or parallel approach to cabinets, counters, sinks and appliances is not provided. Standards §§4.2.4, 9.2.2(7).
ii. Counter tops and sinks are to be mounted at a maximum height of 34 inches above the floor. The counter tops and sinks are mounted at 36 inches above the floor while the bar is at 42 inches. Standards §9.2.2(7).
iii. 50 percent of the shelf space in the cabinets is not within the reach range of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.2.5, 4.2.6, 4.27.3, 9.2.2(7).
4. Women’s toilet rooms near guest registration with two stalls (18 months).
a. Lavatory
i. The lavatory is mounted with the top of its rim at 35 inches above the finished floor rather than 34 inches maximum. Standards §§ 4.22.6, 4.19.2, Fig. 31.
ii. The bottom edge of the lavatory apron is 28 inches rather than 29 inches above the floor. Standards §§4.22.6, 4.19.2, Fig. 31.
iii. The knee and toe clearances at the lavatory are insufficient. Standards §§4.19.2, 4.22.6, Fig. 31.
b. Designated accessible stall
i. The centerline of the toilet is 20 inches rather than 18 inches from the side wall. Standards §§4.22.4, 4.17.3, Fig. 30.
ii. The top of the toilet is 20 inches rather than 17 to 19 inches above the finished floor. Standards §§4.22.4, 4.16.3, 4.17.2, Fig. 30(d).
c. The sharps box is a protruding object. Standards §4.4.1, Fig. 8(a).
5. Drinking fountain outside women’s toilet room near registration (18 months).
a. No hi-lo drinking fountain is provided. Standards §§4.1.3(10)(a), 4.15.2, Fig. 27(a).
b. The required 30-inch width of the clear floor space at the drinking fountain is obstructed by the placement of a trash can. Standards §§4.15.5, Fig.27; 28 C.F.R. 36.211(a).
6. Telephones outside women’s toilet room near registration (9 months). There is no shelf and electrical outlet for a TTY at the bank of six telephones. Standards §§4.1.3(17)(d), 4.31.9(2).
7. Pool and Spa (18 months).
a. The counter is 42 inches high. There is no counter which is at least 36 inches in length with a maximum height of 36 inches above the finished floor at this location which provides services, nor is there an auxiliary counter at a maximum of 36 inches high near this location. The Gold Strike may meet this requirement by providing equivalent facilitation. Standards §7.2(2).
b. The clear opening width of the sauna door is less than the required 32 inches. Standards §§ 4.1.3(7)(b), 4.13.5, Fig. 24.
c. Toilet room
i. There is no rear grab bar at the water closet. Standards §§4.16.4, Fig. 29.
ii. The top of the toilet seat is 16 inches above the finished floor rather than the required 17 to 19 inch height. Standards §§4.16.3, Fig. 29(b).
iii. The coat hook is mounted at 64 inches rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.2.5, 4.2.6, 4.25.3.
iv. The towel dispenser control is mounted at 50 inches above the floor. Controls must be mounted at a maximum of 48 inches for forward approach or a maximum of 54 inches for side approach. Standards §§ 4.2.5, 4.2.6, 4.22.7, 4.27.3.
v. There is no accessible route to the toilet room because of a oneinch vertical level change at the doorway. A change in level greater than ½ inch must be accomplished by means of a ramp. Standards §§4.1.3(1), 4.3.8, 4.5.2, 4.13.8.
8. Workout room (18 months) – The required minimum 36-inch wide designated accessible route through the area is obstructed at various points by the placement of equipment and a cabinet. Standards §§4.1.3(2), 4.3.3, Fig.1, 28 C.F.R. §36.211.
D. Meeting and convention areas (18 months).
1. Ballroom and meeting room doors. The door opening force varied from 9 lbf. to 18 lbf. per door. The door must not require more than 5 lbf. of force to open. This force does not apply to the force required to retract latch bolts or disengage other devices that may hold the door in a closed position. Standards §§4.1.3(7)(b), 4.13.11(2)(b).
2. Signage. The signage designating these rooms is not mounted on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.1, 4.30.6.
3. Assistive listening system
a. There is no assistive listening system in the ballroom or meeting rooms. These rooms must have a permanently installed assistive listening system, or an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Standards §§4.1.3(19)(b), 4.33, 28 C.F.R. §36.303.
b. Signage. There are no signs notifying patrons of the availability of receivers for the assistive listening system. Standards §§4.1.3(19)(b), 4.30.7(4), Fig. 43(d).
4. Men’s toilet room near meeting areas (with six stalls)
a. The toilet room sign is mounted on the wall 69 inches above the finished floor to the sign’s centerline rather than 60 inches. Standards §§4.1.3(16)(a), 4.30.1, 4.30.6.
b. A 36-inch wide ambulatory stall with parallel grab bars and an outward swinging, self-closing door is not provided. Standards §4.22.4, Fig. 30(d).
c. Designated accessible stall.
i. The coat hook is mounted at 59 inches rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.25.3, 4.2.5, 4.2.6.
ii. The rear grab bar at the toilet is mounted 12 inches from the inside corner of the stall rather than 6 inches or less. Standards §§4.22.4, 4.17.6, Fig. 30.
iii. The dual roll toilet paper dispenser is mounted at 17 inches to the centerline above the finished floor rather than at least 19 inches. Standards §§4.16.6, Fig. 29(b).
d. The lavatory mirror is mounted at 47 inches to the bottom of reflecting surface rather than the maximum 40 inches above the finished floor. Standards §§4.19.6, 4.22.6, Fig. 31.
e. The knee and toe clearance at the lavatory is 22 ½ inches by 8 inches rather than the 27 by 8 inch minimum. Standards §§4.19.2, 4.22.6, Fig.31.
f. The rim of the lowered urinal is mounted at 22 inches above the floor rather than the required 17 inches or less. Standards §§4.22.5, 4.18.2.
5. Women’s toilet room near meeting areas (with 14 stalls).
a. The toilet room sign is mounted on the wall 68 inches above the finished floor to the sign’s centerline rather than 60 inches. Standards §§4.1.3(16), 4.30.1, 4.30.6.
b. There is no 36-inch wide ambulatory stall with parallel grab bars and an outward swinging, self-closing door provided. Standards §4.22.4, Fig. 30(d).
c. The highest operable part of the feminine product dispenser is mounted at 58 ½ inches rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.22.7, 4.27.3, 4.2.5, 4.2.6.
d. The highest operable part of the tissue dispenser is at 55 ½ inches rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.22.7, 4.27.3, 4.2.5, 4.2.6.
e. The bottom edge of the lavatory apron is 27 ½ inches above the floor rather than the required 29-inch minimum. The knee and toe clearance at the lavatory is 22 ½ inches by 8 inches rather than the 27 by 8 inches minimum. Standards §§4.22.6, 4.19.2, Fig. 31.
f. The mirror is mounted at 48 inches to the bottom of reflecting surface rather than the maximum 40 inches above the finished floor. Standards §§4.22.6, 4.19.6, Fig. 31.
g. Designated accessible stall #1.
i. The top of the toilet seat is 20 inches above the floor rather than the required 17 to 19 inches. Standards §§4.22.4, 4.16.3, 4.17.2, Fig. 30(d).
ii. The centerline of the toilet is 15 inches rather than exactly 18 inches from the near side wall. Standards §§4.22.4, 4.17.3, Fig. 30.
iii. The coat hook is mounted at 55 inches above the floor rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.25.3, 4.2.5, 4.2.6.
iv. The rear grab bar at the toilet is mounted with the closer end 15 inches from the inside corner of the stall rather than 6 inches or less. Standards §§4.22.4, 4.17.6, Fig. 30.
h. Designated accessible stall #2.
i. The space between the side grab bar and the wall is 1 inch rather than 1 ½ inches. Standards §§4.22.4, 4.26.2.
E. Gift shop across from registration (18 months).
1. The counter is 37 ½ inches high. A counter for the cash register is required which is at least 36 inches in length with a maximum height of 36 inches above the finished floor. Standards §7.2(1).
2. The required minimum 36-inch wide designated accessible route through the shop is obstructed at various points by clothes racks and display cases. Standards §4.3.3, Fig.1; 28 C.F.R. §§36.211, 36.304.
F. Restaurants/Bars (9 months).
1. Chicago Steak House. The dining area contains fixed booth seating and movable tables. None of the fixed tables is accessible. Where fixed tables are provided, at least 5 percent, but not less than one, shall be accessible. In establishments where separate areas are designated for smoking and non-smoking patrons, the required number of accessible fixed tables shall be proportionally distributed between the smoking and non-smoking areas. Accessible fixed tables shall be distributed throughout the space. Standards §§5.1, 5.3.
2. Atrium Café.
a. The access to the restaurant defined by stanchions and ropes does not provide a minimum clear width of 36 inches. Standards §4.3.3, 28 C.F.R. §36.211.
b. The dining area contains fixed booth seating and movable tables. None of the fixed tables is accessible. Where fixed tables are provided, at least 5 percent, but not less than one, shall be accessible. In establishments where separate areas are designated for smoking and non-smoking patrons, the required number of accessible fixed tables shall be proportionally distributed between the smoking and non-smoking areas. Accessible fixed tables shall be distributed throughout the space. Standards §§5.1, 5.3.
3. Courtyard Buffet
a. The dining area contains fixed booth seating and movable tables. None of the fixed tables is accessible. Where fixed tables are provided, at least 5 percent, but not less than one, shall be accessible. Standards §§5.1, 4.32.
b. Restaurant staff shall provide assistance to customers with disabilities, when needed, with carrying buffet items to the customer’s table. 29 C.F.R. 36.302.
c. The 36-inch high food service counter, which requires side reach over an obstruction, is inaccessible to a person using a wheelchair. An obstruction over which a side reach is necessary shall not be over 34 inches high. Standards §4.2.6, Fig. 6(c).
4. L.A. Bar. The highest operable part of the video game located on the higher portion of the bar exceeds the maximum allowable height of 54 inches for a side approach and 48 inches for a forward approach. Standards §§4.1.3(13), 4.27.3, 4.2.5, 4.2.6, 28 C.F.R. §§36.201, 36.202, 36.304. The accessible video game may be mounted on a table or lowered counter but there cannot be only one lowered video game separated from the other games, as that would not provide the same social experience for patrons with disabilities.
5. Food Court. The height of some of the items in the condiment and tableware stand exceeds the maximum allowable height of 54 inches. Standards §§4.2.6, 5.6, Fig. 54.
6. Women’s toilet room opposite the buffet (with five toilet stalls)
a. The signage at the entry to the toilet area is mounted with the centerline of the sign at 66 inches above the finished floor rather than 60 inches. Standards §§4.1.3(16), 4.30.1, 4.30.6.
b. Designated accessible stall.
i. The side grab bar is 36 inches long rather than 40 inches long with the one end at least 52 inches from the rear wall and the other end mounted at 12 inches maximum from the rear wall. Standards §§4.22.4, 4.17.6, Fig. 30(a), Fig. 30(d).
ii. The coat hook is mounted at 61 inches rather than a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.25.3, 4.2.5, 4.2.6.
c. The sharps box is located higher than the maximum 48-inch forward approach reach or 54-inch side reach. Standards §§4.25.3, 4.2.5, 4.2.6.
d. The sharps box is a protruding object. Standards §4.4.1, Fig. 8(a).
7. Men’s toilet room opposite the buffet. This toilet room was not inspected but must comply with the Standards.
G. Millennium Theatre, a multi-level theater with a mid-level entry (36 months).
1. Exits. The door opening force measured at the exit door near the dressing rooms is 24 lbf. Fire doors shall have the minimum opening force allowable by the appropriate administrative authority. Standards §§4.1.3(7)(c), 4.13.11(1).
2. Designated accessible route
a. There is a possible accessible route to the stage from the auditorium via backstage. The route must be maintained as accessible. Standards §§4.1.3(1), 4.3, 4.33.5; 28 C.F.R. 36.211(a).
3. Seating capacity and types for persons with disabilities.
a. Accessible wheelchair locations are provided in two locations at the back of the main level rather than dispersed throughout the seating area. Standards 4.1.3(19)(a), 4.33.3. The dispersal of the accessible seating locations as illustrated on Attachment C complies with the Standards.
b. No aisle seats with removable armrests are provided. One percent, but not less than one, of all fixed seats (8 seats out of 782 reported total seats) must be aisle seats with either no armrest or with removable or folding armrest on the aisle side, and shall be identified by a sign or marker. Signage notifying patrons of the availability of such seats shall be posted at the ticket office. Standards § 4.1.3(19)(a).
c. The companion seats to the wheelchair locations are not fixed, but are on casters. Standards §4.1.3(19)(a), 4.33.3.
4. Assistive listening system. The assistive listening system in the theater, which reportedly accommodates 782 persons and has fixed seating, has only 12 receivers, rather than the 31 (4%) required based on the reported 782 seating capacity. Signs must be provided to notify theater patrons of the availability of receivers for the assistive listening system. Standards §§4.1.3(19)(b), 4.33.6, 4.33.7, 4.30.7(4). Gold Strike shall either maintain the required 31 receivers, or it shall, while this agreement is in effect, maintain a minimum of 16 (2%) receivers on-hand, monitor customer usage, and purchase additional receivers as needed in order to meet the actual demand. If it utilizes this alternative, Gold Strike shall document all requests for assistive listening devices so that it can monitor demand. Gold Strike shall include this documentation and inform the United States in writing, as part of its annual report required under Paragraph 24 of the Settlement Agreement, of any additional receivers it purchased, and the number of requests it received.
5. Dressing rooms. At least one unisex dressing room must be accessible. Standards §§4.1.3(21), 4.35.
a. Accessible dressing room.
i. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Standards §§ 4.22.6, 4.19.4.
ii. No bench, 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench, is provided. Standards §4.35.4.
iii. No full-length mirror, measuring at least 18 inches wide by 54 inches high, is provided. Standards §4.35.5.
6. Men’s toilet room nearest the theater (with two stalls)
a. The signage at the entry to the toilet area is mounted with the centerline of the sign at 65 inches above the finished floor rather than 60 inches. Standards §§4.1.3(16), 4.30.1, 4.30.6.
b. The sharps box is mounted at 59 inches above the floor rather than the maximum 48 inches for forward approach or 54 inches for side approach. Standards §§4.25.3, 4.2.5, 4.2.6.
c. The sharps box is a protruding object. Standards §4.4.1, Fig. 8(a).
d. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Standards §§4.22.6, 4.19.4.
e. Designated accessible stall.
i. The coat hook is mounted at 61 inches above the floor rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.25.3, 4.2.5, 4.2.6.
ii. The rear grab bar at the toilet is mounted with the closer end not 6 inches or less from the side wall. Standards §§4.22.4, 4.17.6, Fig. 30.
7. Women’s toilet room nearest the theater (with eight stalls)
a. The signage mounted at the entry to the toilet area is mounted with the centerline of the sign at 69 inches above the finished floor rather than 60 inches. Standards §§ 4.1.3(16), 4.30.1, 4.30.6.
b. The sharps box is mounted at 61 inches above the floor rather than the maximum 48 inches for forward approach or 54 inches for side approach. Standards §§4.25.3, 4.2.5, 4.2.6.
c. The sharps box is a protruding object. Standards §4.4.1, Fig. 8(a).
d. The towel dispenser control is mounted at 49 inches rather than at the 48 inch maximum height as a forward reach is required. Standards §§4.27.3, 4.2.5, 4.2.6.
e. The knee clearance under the lavatory is 19 inches rather than 29 inches. Standards §4.19.2, 4.22.6, Fig. 31.
f. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Standards §§4.22.6, 4.19.4.
g. No 36-inch wide ambulatory stall with parallel grab bars and an outward swinging, self-closing door is provided. Standards §4.22.4, Fig. 30(d).
h. Designated accessible stall.
i. The coat hook is mounted at 61 inches above the floor rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.25.3, 4.2.5, 4.2.6.
ii. The rear grab bar at the toilet is mounted with the closer end not 6 inches or less to the side wall. Standards §§4.22.4, 4.17.6, Fig. 30.
H. Employee areas (18 months).
1. Change station in casino. The four employee work stations at the change station are required to be constructed so that individuals with disabilities can approach, enter, and exit the areas. Standards §4.1.1(3).
2. Back-of-house common areas
a. Employee dining
i. House phone. The house phone is mounted at 58 inches above the finished floor rather than a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.1.3(17), 4.2.5, 4.2.6.
ii. Sanitizer, ice cream and milk machine equipment. The sanitizer is at 58 inches above the finish floor, and the top of the nozzle on the ice cream machine is at 68 inches rather than a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.2.5, 4.2.6, 4.27.3.
iii. The height of the food service counter exceeds the maximum allowable height of 34 inches. An obstruction over which a side reach is necessary shall not be over 34 inches high. Standards §§4.2.6, Fig. 6(c).
b. Employee lockers/changing room. The lockers require tight grasping and pinching. Standards §§4.1.3(12)(a), 4.27.4. The Gold Strike may comply by making at least 3% of its lockers compliant.
c. Employee changing room for women in wardrobe area (with five toilet stalls)
i. Common dressing area. No bench, 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench, is provided. Standards §§4.1.3(21), 4.35.4. Gold Strike may comply by modifying one individual dressing room in lieu of the common dressing area.
ii. Individual dressing rooms.
(a). The 31-inch wide curtained opening to the dressing room is less than the 32 inches clear opening required, and the depth of 39 inches provides insufficient wheelchair turning space. Standards §§ 4.35.2, 4.35.3, 4.13.5, 4.2, Fig. 3.
(b). The bench is not 24 inches by 48 inches fixed to the wall along the longer dimension and mounted with the top of the bench between 17 and 19 inches above the finished floor. Standards § 4.35.4.
(c). At least one accessible dressing room is required on an accessible route with accessible signage indicating its location. Standards §§ 4.1.3(21), 4.35, 4.30, 4.3.
iii. Coat hook. The coat hook is mounted at 63 inches above the floor rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
iv. Feminine product dispenser. The operating mechanism of this dispenser is located at 61 inches above the floor rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.27.3, 4.2.5, 4.2.6.
v. Sharps disposal. The sharps disposal drop slot is at 60 inches above the floor rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§ 4.25.3, 4.2.5, 4.2.6.
vi. The sharps box is a protruding object. Standards §4.4.1, Fig. 8(a).
vii. Shower
(a). The shower stall size, at 50 inches by 41 inches, is neither 36 inches by 36 inches, nor 30 inches by 60 inches. Standards §§ 4.23.8, 4.21.2, Fig. 35.
(b). The placements of the seat, water control, shower head, and grab bars in relation to each other are incorrect. Standards §§ 4.21.2, 4.21.3, 4.21.4, 4.21.5, Figs. 35, 36, 37.
(c). There is no shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower. Standards § 4.21.6.
viii. Designated accessible stall. The top of the toilet seat is 20 inches rather than 17 to 19 inches above the finished floor. Standards §§ 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).
ix. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Standards §§ 4.19.4, 4.22.6.
d. Drinking fountain. One standard height drinking fountain is provided. One additional drinking fountain with the spout outlet no higher than 36 inches above the finished floor is required. If there are other drinking fountains on the floor, then 50% must comply with Standards § 4.15. Standards §§4.1.3(10), 4.15.2.
e. The time clock operating mechanism is mounted at 56 inches above the floor rather than at a maximum of 48 inches for a forward approach or 54 inches for a side approach. Standards §§4.1.3(13), 4.27.3, 4.2.5, 4.2.6.
f. None of the back-of-house (e.g. dining room, Human Resources office) room identification signage is accessible. Signage for permanent room identification (room number signs and signs for toilet rooms) in public and employee common-use areas is required to be mounted on the wall adjacent to the latch side of the door at a height of 60 inches above the finished floor to the centerline of the sign, with raised letters and numbers and accompanied with Braille. Standards §§4.1.3(16)(a), 4.30.
I. Casino gaming area (9 months).
1. Specialty slot machine area. This raised area, identified by signage that reads “TEN FLAT SLOT TOURNAMENTS...” is not accessible. The 1:7 slope of the access ramp to the area exceeds the maximum allowable ramp slope of 1:12. In addition, the ramp is 29 inches wide rather than the 36-inch minimum width required. Standards § 4.8.
2. High Limit Room. No gaming tables were accessible as they were higher than 34 inches above the floor. Under barrier removal requirements, these tables shall be made accessible where it is readily achievable to do so. We suggest that five percent of the tables, but not less than one, shall be accessible. 28 C.F.R. §§36.201, 36.202, 36.304. See Standards §§ 4.1.3(18), 4.32.4.
3. Aisles. Some of the aisles in the casino are not 36 inches wide, when a moveable chair obstructs this route. The aisles must be maintained at a 36 inch width. 28 C.F.R. §§36.211, 36.304; Standards §§4.3.3.
4. Counters
a. Cashier counters. All cashier counters are 42 inches high above the finished floor with no lowered portion. At least one counter which is at least 36 inches in length with a maximum height of 36 inches above the finished floor shall be provided. Standards §7.2(1).
b. Signature card counter. The signature card counter is 42 inches high, with no lowered portion. A portion of this counter which is at least 36 inches in length and at a maximum height of 36 inches above the finished floor is required. The Gold Strike may meet this requirement by providing equivalent facilitation. Standards §7.2(2).
5. Telephones. When four or more public pay telephones are provided, at least one interior public text telephone is required. Standards §4.1.3(17)(c)(i).
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February 17, 2009