SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

JOHN STREET ASSOCIATES, AND ITS PARTNERS, THE OWNERS AND OPERATORS OF HAMPTON INN, CHARLESTON HISTORIC DISTRICT LOCATED IN CHARLESTON, SOUTH CAROLINA

UNDER THE AMERICANS WITH DISABILITIES ACT IN DEPARTMENT OF JUSTICE COMPLAINT 202-67-77

BACKGROUND

1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (“the Department”), against John Street Associates (“JSA”), who owns the Hampton Inn, Charleston Historic District, Charleston, South Carolina (“the Hotel Facility”). In Department of Justice complaint 202-67-77, the complainant alleged that the Hotel Facility was inaccessible to persons with mobility impairments and other disabilities.
2. The Attorney General is authorized to enforce title III of the ADA by requiring public accommodations to remove barriers to access when doing so is readily achievable. 42 U.S.C. § 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a manner of general public importance is raised. Id. at § 12188(b)(1)(B).
3. The Hampton Inn is a place of lodging, providing 171 separate sleeping rooms for guests, and, as such, is a place of public accommodation under title III of the ADA. 42 U.S.C. § 12181(7)(A). The Hotel Facility was designed and constructed before the effective date of the ADA.
4. JSA and its individual partners own and operate the Hotel Facility and, as such, are public accommodations covered by title III. JSA is a South Carolina partnership with its principal place of business in Charleston, South Carolina.
5. JSA and its partners agree to make the modifications listed below, to bring their facility into compliance with 28 C.F.R. § 36.402 and 36.403. In light of this Settlement Agreement (“Agreement”), the parties have determined that Department of Justice investigation 202-67-77 can be resolved without litigation and have prepared and agreed to the terms of this settlement agreement.

AGREEMENT

6. Within 1 year of the effective date of this Agreement, JSA and its partners will modify its existing four accessible sleeping rooms so that each is fully accessible to persons with disabilities. Each such room will be equipped with either a bathtub or transfer shower.
7. Within 2 years of the effective date of this Agreement, JSA and its partners will modify four additional sleeping rooms so that they are accessible to persons with disabilities. Two will be equipped with a bathtub or transfer shower. Two will have roll-in showers.
8. JSA and its partners will ensure that each of the eight sleeping rooms required to be made accessible in paragraphs 6-7 of this Agreement will comply fully with the relevant provisions of the ADA Standards for Accessible Design (“Standards”), 28 C.F.R. Part 36, Appendix A, including the provision that accessible rooms be dispersed among the various classes of sleeping accommodations available to customers (including size, cost, amenities provided, and number of beds). §§ 4.1.6(1)(b), 4.1.3, 9.1.4(1).
9. Specifically, JSA and its partners will take the following actions, at a minimum, in order to ensure that each accessible sleeping room in the Hotel Facility, exclusive of the bath or shower room, complies with the Standards:

1. Locate the room on an accessible route, and provide an accessible route within the room that connects all accessible spaces and elements. §§ 4.1.6(1)(b), 4.1.3(1), 4.3, 9.2.2.
2. Provide signage in the hallway designating the accessible sleeping room so that it is on the latch side of the sleeping room door; it includes Braille and raised numbering and/or lettering; and it is mounted at 60 inches above the finished floor to the centerline of the sign. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 9.2.2(2).
3. On doors into and within the room, provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.9, 9.2.2(3).
4. For doors into and within the room, provide sufficient maneuvering clearances on the push and pull side that are clear and level or provide an automatic door opener. §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.6 & Fig. 25, 9.2.2(3).
5. For doors into and within the room, ensure that the force required to open the door is no more than 5 pounds. §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.11(2)(b), 9.2.2(3).
6. For doors into and within the room, ensure that any door closers have a sweep period of at least 3 seconds to move from an open position of 70 degrees to a point 3 inches from the latch, measured to the leading edge of the door. §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.10, 9.2.2(3).
7. For doors into and within the room, provide a minimum clear opening with 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.5 & Fig. 24(a), 9.2.2(3).
8. Provide maneuvering space at least 36 inches wide along both sides of the bed, or between two beds where more than one is provided. § 4.1.6(1)(b), 4.1.3(3), 4.5, 9.2.2(1).
9. If fixed or built in storage is provided (closets, drawers, shelves), provide at least one of each type that has clear floor space and is within the reach ranges of a person using a wheelchair. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.2.5, 4.2.6, 4.25 & Fig. 38(a), Fig. 38(b), 9.2.2(4).
10. Provide room controls (e.g., for light fixtures, heat/air conditioning, draperies) that have sufficient clear floor space, are within the reach ranges of a person using a wheelchair, and can be operated with one hand, without tight grasping, pinching, or twisting of the wrist. §§ 4.1.6(1)(b), 4.1.3(13), 4.27, 9.2.2(5).
11. Provide a telephone with volume controls; an electrical outlet within the reach ranges of a person using a wheelchair that is within 4 feet of the telephone to facilitate the use of a text telephone (TTY); and a TTY. §§ 4.1.6(1)(b), 4.1.3(17)(a), 4.2.5, 4.2.6, 4.31.5, 9.2.2(8), 9.3.1, 9.3.2; 28 C.F.R. § 36.303(d).

10. In addition, JSA and its partners will take the following actions, at minimum, in order to ensure that each bathroom within the accessible sleeping rooms complies with the Standards:

1. Provide clear floor space at fixtures, an accessible route to fixtures and controls, and an unobstructed turning space. §§ 4.1.6(1)(b), 4.1.3(3) 4.2.3, 4.23.3, 9.2.2(6)(e).
2. Provide an auxiliary visual fire alarm in the bathroom, or an electrical outlet within the reach ranges of a person using a wheelchair that is connected to JSA’s central alarm system, and a portable visual alarm. §§ 4.1.6(1)(b), 4.1.3(14), 4.28.4, 9.2.2(8), 9.3.1, 9.3.2.
3. Provide a lavatory that has a rim no higher than 34 inches above the finished floor; an apron that is at least 29 inches above the finished floor; toe and knee clearances that comply with the Standards; faucets that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist; and hot water and drain pipes that are wrapped or otherwise configured against contact. §§ 4.1.6(1)(b), 4.1.3(11), 4.19 & Fig. 31, 4.23.6, 4.27.4, 9.2.2(6)(e).
4. Provide a mirror so that the bottom edge of the reflecting surface of the mirror is no higher than 40 inches above the finished floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.19.6 & Fig. 31, 4.23.6, 9.2.2(6)(e).
5. Provide a toilet so that the centerline is exactly 18 inches from a side wall, the top of the toilet seat is between 17 and 19 inches above the finished floor, and the flush control is on the open side of the room. §§ 4.1.6(1)(b), 4.1.3(11), 4.16.2, 4.16.3, 4.16.5 & Fig. 29, 9.2.2(6)(e).
6. Provide side and rear grab bars at the toilet that comply with §§ 4.1.6(1)(b), 4.1.3(11), 4.16.4 & Fig. 29, 4.26, 9.2.2(6)(e).
7. Provide a toilet paper dispenser that is within reach of the toilet, below the side grab bar, and at least 19 inches above the finished floor to the centerline of the roll. §§ 4.1.6(1)(b), 4.1.3(11), 4.16.6 & Fig. 29(b), 9.2.2(6)(e).
8. If fixed or built in storage is provided in the bathroom (e.g., drawers, shelves) provide at least one of each type that has clear floor space and is within the reach ranges of a person using a wheelchair. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.2.5, 4.2.6, 4.25 & Figs. 38(a), 38(b), 9.2.2(4).
9. For each control, dispenser, receptacle, or other equipment that is provided, ensure that at least one of each type is within the reach ranges of a person using a wheelchair and is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist. §§ 4.1.6(1)(b), 4.1.3(11), 4.2.5, 4.2.6, 4.23.7, 4.27, 9.2.2(6)(e).
10. If a bathtub in lieu of a transfer shower is provided, ensure that there is adequate clear floor space in front of the bathtub; it has an in-tub seat or seat at the end of the tub that is securely mounted and does not slip during use; has grab bars that comply with the Standards; has faucets and controls that are located in compliance with the Standards and are operable with one hand and do not require tight grasping, pinching or twisting of the wrist; has a height adjustment 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; and has enclosures, if any, that do not obstruct controls or a transfer from a wheelchair onto the seat or into the tub and do not have tracks mounted on their rims. §§ 4.1.6(1)(b), 4.1.3(11), 4.20 & Figs. 33, 34, 4.23.8, 9.2.2(6)(e).
11. If a transfer shower in lieu of a bathtub is provided, ensure that there is adequate clear floor space in front of the shower stall; the stall is exactly 36 inches wide and 36 inches deep; has a curb that is not more than 1⁄2 inch high; has a seat that is mounted on the wall opposite the controls, 17 to 19 inches above the shower floor, and extends the depth of the stall; has grab bars that comply with the Standards; and has a height adjustable 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. §§ 4.1.6(1)(b), 4.1.3(11), 4.21 & Fig. 35(a), 36, 37, 4.23.8, 9.2.2(6)(e).
12. For each roll-in shower, provide adequate clear floor space so that there is adequate clear floor space in front of the shower; there is no curb; the shower dimensions and location of the folding seat, grab bars, and controls conform to Figure 57(a) or 57(b); the seat is mounted 17 to 19 inches above the shower floor; and there is a height adjustable 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. §§ 4.1.6(1)(b), 4.1.3(11), 4.21 & Figs. 57(a) or 57(b), 4.23.8, 9.1.2, 9.2.2(6)(e).

11. Within 90 days of the effective date of this Agreement, JSA and its partners will modify the toilet rooms in the Hotel Facility’s lobby to fully comply with the Standards. Specifically, JSA and its partners will alter toilet rooms, or convert one toilet room into an accessible unisex toilet room, so that the spaces, elements, including the entry door, signage, clear floor space, turning space, accessible route, water closet, grab bars, urinal (men’s only, if provided), lavatory, mirror, controls and dispensers, and baby changing station comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 & Figs. 28, 29, 4.17.6, 4.18, 4.19 & Figs. 31, 32, 4.27, 4.30.
12. Within 30 days of the effective date of this Agreement, JSA and its partners will add a permanent text telephone at its Front Desk to enable guests who use text telephones to order room service, service items, wake-up calls, etc.; and JSA will provide four communication kits for guest. Each kit shall include visual notification devices to alert hearing impaired guests of incoming telephone calls and knocks on the door, or electrical outlets within the reach ranges of a person using a wheelchair and portable notification devices. §§ 4.1.3(17), 4.1.6(1)(b), 4.1.3 (14), 4.31.2 through 4.31.8, 9.2.2(8), 9.3.1, 9.3.2.
13. In addition to any specific requirements in this Agreement requiring instruction or training of hotel staff, JSA and its partners will ensure that all staff members who interact with the public are trained in all ADA issues relevant to the operation of the Hotel Facility, including, but not limited to:

1. Location of accessible parking and entrances;
2. Location and type of accessible guest rooms;
3. Accessible features within each accessible guest room;
4. Location of accessible routes into and throughout the hotel, where not all routes are accessible;
5. Location and use of accessibility equipment (e.g. TTY’s, closed captioning televisions, visual notification devices);
6. All hotel policies regarding visitors with disabilities or use of accessible features;
7. Maintenance of accessible routes;
8. All requirements of this Agreement.

14. At 90 days, 1 year, and 2 years from the effective date of this Agreement, JSA and its partners will submit a report to the Department summarizing the actions it has taken pursuant to this Agreement. The report will consist primarily of detailed photographs of the architectural modifications required by this Agreement and clearly show the dimensions of the various elements and spaces so that compliance with the Standards may be determined.