SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND MADONNA INN, INC.,

THE OWNERS AND OPERATORS OF THE MADONNA INN,
LOCATED IN SAN LUIS OBISPO, CALIFORNIA,

UNDER THE AMERICANS WITH DISABILITIES ACT

DEPARTMENT OF JUSTICE COMPLAINT Nos. 202-12C-152 & 202-12C-225

BACKGROUND

1.     This matter was initiated by two complaints filed with the United States Department of Justice (“Department”) regarding the Madonna Inn and Restaurant (“Inn”), located at 100 Madonna Road, San Luis Obispo, CA 93405. The complaints were filed under title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, and were received by the Department’s Civil Rights Division, under the authority of 28 C.F.R. Part 36, Subpart E. The complaints allege that the Inn is inaccessible to persons with disabilities in violation of the ADA.

2.     The Attorney General is authorized to enforce title III of the ADA by seeking the modification of facilities to make such facilities readily accessible to and usable by individuals with disabilities. 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 matter of general public importance is raised. 42 U.S.C. § 12188(b)(1)(B).

3.     The parties to this Agreement are the United States of America and Madonna Inn, Inc., referred to collectively as “the Parties” throughout the Agreement.

4.     The Inn is owned and operated by Madonna Inn, Inc.

5.     The Inn is a privately owned and operated place of lodging, providing 108 separate sleeping rooms for guests. Therefore, it is a place of public accommodation under title III of the ADA. 42 U.S.C. §12181(7)(A); 28 C.F.R. § 36.104.

6.     The Inn was constructed before the ADA’s effective date, and as an existing facility under title III of the ADA, is subject to title III’s architectural barrier removal requirements. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304.

7.     Madonna Inn, Inc. agrees to undertake barrier removal, as outlined in this Settlement Agreement, to ensure that individuals with disabilities, including individuals who use wheelchairs, have an equal opportunity to enjoy the Inn’s accommodations.

8.     The technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design at 28 C.F.R. Part 36, Appendix A (ADA Standards) are, for purposes of this Agreement, used as a guide as the owner/operator removes barriers to access throughout this facility.

9.     In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the sections entitled “Enforcement” and “Implementation.”

ACTIONS TO BE TAKEN BY MADONNA INN, INC.

Staff Training

10.     Madonna Inn, Inc. will ensure that staff of the Inn and Restaurant are trained in ADA issues relevant to the Inn and Restaurant, including, but not limited to: 1) location of accessible parking and entrances; 2) the location and type of accessible guest rooms; 3) accessible features within each accessible guest room; 4) location of accessible routes into and throughout the Inn and Restaurant; 5) location and use of accessibility equipment (e.g., TDD’s, closed captioned televisions, visual notification devices); 6) maintenance of accessible routes; 7) reservation policies relevant to people with disabilities; and 8) all requirements of this Agreement. Madonna Inn, Inc. will ensure that all persons on staff who have contact with patrons of the Inn and Restaurant at the time of the execution date of this Agreement are trained in these issues, and Madonna Inn, Inc. agrees to conduct this training within 90 days of the effective date of this Agreement, and to ensure that future staff are trained in these issues during their initial training period.

Guest Reservation Policies

11.     Madonna Inn, Inc. will guarantee reservations for people with disabilities (on a self-reporting basis) requesting designated accessible guest rooms in the same manner that it guarantees room reservations for other guests. This includes, but is not limited to, reservations made by telephone, internet, or through travel agents or tour groups.

12.     Madonna Inn, Inc. shall ensure that individuals requesting designated accessible guest rooms are informed as to the accessible features within each accessible guest room, the configuration of the Inn, the location within the Inn of the designated accessible guest rooms, the nature of access to and egress from the designated accessible guest rooms, and any policy regarding limited entry to the Inn during overnight hours.

13.     Madonna Inn, Inc. will only rent the designated accessible guest rooms to people with disabilities (on a self-reporting basis) who request an accessible room except:

a.   If all other guest rooms in the Inn are occupied, then the accessible guest rooms may be rented to individuals who do not request an accessible guest room. Any individual who rents a room under those circumstances shall be notified that, in the event that other rooms become available and a person with a disability requests an accessible room and no other accessible rooms are available, Madonna Inn, Inc. will relocate the individual without a disability to a room that is not designated as accessible.

b.   In cases where other rooms are still available, but a customer requests a particular themed room at the Inn (each room in the Inn has a unique theme), one designated accessible guest room may be rented in any twenty-four hour period to a person without a disability who requests one of the accessible rooms because of its particular theme, regardless of whether all other rooms in the Inn have already been rented.

14.     Madonna Inn, Inc. shall inform and train all staff responsible for taking reservations for the Inn regarding these reservations policies. Madonna Inn, Inc. will keep a written copy of accessible features of the Inn, including the features of each designated accessible guest room, in the guest registration work area.

Designated Accessible Guest Rooms

15.     The Inn has 108 guest rooms, and 5 designated accessible guest rooms. If the Inn expands or renovates in the future, Madonna Inn, Inc. will ensure that, as the number of sleeping rooms increases, accessible sleeping rooms are added in compliance with the Standards. Standards §§ 9.1.5, 9.1.2, 9.1.3.

16.     Within 6 months of the effective date of this Agreement, Madonna Inn, Inc. will acquire 10 total kits or equipment to make rooms accessible to persons with hearing disabilities, including the provision of visual alarms, notification devices to alert patrons of door knocks, and TTY’s for using the telephones. Standards §§ 9.1.3, 9.2.2(8).

17.     This Inn contains unique decor in each room. However, the 5 accessible guest rooms are not dispersed among the various classes of room types. Within 2 years of the effective date of this Agreement, Madonna Inn, Inc. will provide 3 accessible guest rooms each with different bed types (or two rooms that adjoin from the inside for the price of one accessible room), and at least 2 accessible guest rooms with additional amenities, including a patio and a fireplace or equivalent amenities. Standards § 9.1.4(1).

18.     Within 6 months of this Agreement, Madonna Inn, Inc. will provide a sign outside every guest room with raised numeric characters and accompanied by Braille. Each sign shall be mounted on the latch side of the door so that its centerline is 60 inches above the finished floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Additionally, the characters shall be in sans serif type and in contrast with their background. Standards §§4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

Specific Designated Accessible Guest Rooms

19.     Madonna Inn, Inc. has designated the following 5 guest rooms as accessible: 117 (Vintage), 119 (Golfer), 127 (Mount Vernon), 112 (Rose), and 115 (Desert Sands). In order to ensure that the Inn is readily accessible to and usable by persons with disabilities, Madonna Inn, Inc. will modify the features of the guest rooms and bathrooms listed below in order to comply with all relevant provisions of the Standards. Madonna Inn, Inc. will complete all modifications within 6 months of the effective date of this Agreement.

20.     Guest Room 117

a.   Bathroom

i.   Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.19.6, 4.23.6, 9.2.2(6)(e).

ii.   Provide a toilet rear grab bar at least 30 inches long. Standards §§ 4.16.4, 4.23.4, 9.2.2(6)(e).

iii.   Provide a toilet paper dispenser no more than 36 inches from the rear wall to the far side of the toilet paper roll. Standards §§ 4.16.6, 4.23.4, 9.2.2(6)(e).

iv.   Provide clear floor space for the bathtub in compliance with the Standards. Standards §§ 4.20.2 & Fig. 33, 4.23.8, 9.2.2(6)(e).

v.   Provide a securely mounted tub seat which complies with the Standards, and will not slip during use. Standards §§ 4.20.3, 4.23.8, 9.2.2(6)(e).

vi.   Provide a bathtub grab bar mounted at the head of the tub so that the outside end is in line vertically with the edge of the tub. Standards §§4.20.4 and Figure 34(a), 4.23.8, 9.2.2(6)(e).

vii.   Provide a bathtub lower back grab bar mounted no higher than 9 inches above the tub. Standards §§ 4.20.4, 4.23.8, 9.2.2(6)(e).

b.   Bedroom

i.   Adjust the closet doors so that the force required to open the doors is no more than 5 pounds, and provide closet doors with hardware that is operable without tight grasping, twisting, or pinching. Standards §§4.13.9, 4.13.11, 9.2.2(3).

ii.   The television and support bracket are protruding objects projecting more than 4 inches into the circulation path at a height between 27 and 80 inches above the finish floor. Madonna Inn, Inc. will remove the protruding object or provide a barrier to warn blind or visually impaired persons, without reducing the clear width of an accessible route or maneuvering space. Standards § 4.4.1.

iii.   Provide an accessible outlet adjacent to the telephone to facilitate the use of a text telephone. Standards § 9.3.1.

iv.   Provide a thermostat that is mounted so that the highest operable part is no more than 54 inches above the finish floor for a side reach. Standards §§4.2.6, 4.27.3, 9.2.2(5).

21.     Guest Room 119

a.   Bathroom

i.     Provide a mirror with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.19.6, 4.23.6, 9.2.2(6)(e).

ii.     Provide a toilet rear grab bar at least 30 inches long. Standards §§ 4.16.4, 4.23.4, 9.2.2(6)(e).

iii.     Provide a toilet side grab bar which extends at least 54 inches from the rear wall. Standards §§ 4.16.4, 4.23.4, 9.2.2(6)(e).

iv.     Provide a toilet paper dispenser no more than 36 inches from the rear wall to the far side of the toilet paper roll. Standards §§ 4.16.6, 4.23.4, 9.2.2(6)(e).

v.     Pursuant to Standard § 4.21.2, provide a roll-in shower for which the shower dimensions, the dimensions and location of the folding seat, the location of controls and grab bars, and the dimensions and location of the clear floor space comply with either Figure 57(a) or 57(b). Pursuant to Standard § 4.21.7, the shower stall shall have no curb. Pursuant to Standard § 4.21(3), folding seats that are provided in roll-in showers shall be mounted 17 to 19 inches above the shower floor and shall comply with the structural strength requirements of Standard § 4.26.3; grab bars shall comply with Standard § 4.26; faucets and other controls shall comply with Standard § 4.27.4; and 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 shall be provided according to Standard § 4.21.6. Standards §§ 4.21 & Figs. 57(a), 57(b), 9.1.2, 9.2.2(6)(e).

b.   Bedroom

i.   Adjust the closet doors so that the force required to open the doors is no more than 5 pounds, and provide closet doors with hardware that is operable without tight grasping, twisting, or pinching. Standards §§4.13.9, 4.13.11, 9.2.2(3).

ii.   Provide an accessible outlet adjacent to the telephone to facilitate the use of a text telephone. Standards § 9.3.1.

ii.   Provide a thermostat that is mounted so that the highest operable part is no more than 54 inches above the finish floor for a side reach. Standards §§4.2.6, 4.27.3, 9.2.2(5).

22.     Guest Room 127

a.     Bathroom

i.   Provide a toilet rear grab bar at least 30 inches long. Standards §§4.16.4, 4.23.4, 9.2.2(6)(e).

ii.   Provide a toilet side grab bar which extends at least 54 inches from the rear wall. Standards §§ 4.16.4, 4.23.4, 9.2.2(6)(e).

iii.   Provide a toilet paper dispenser no more than 36 inches from the rear wall to the far side of the toilet paper roll. Standards §§ 4.16.6, 4.23.4, 9.2.2(6)(e).

iv.   Remove the wing wall at the head end of the bathtub that currently blocks access for persons transferring into the bathtub. Standards §§ 4.20.4, 4.23.8, 9.2.2(6)(e).

v.   Provide a bathtub lower back grab bar mounted no higher than 9 inches above the tub. Standards §§ 4.20.4, 4.23.8, 9.2.2(6)(e).

vi.   Provide a securely mounted tub seat which complies with the Standards, and will not slip during use. Standards §§4.20.3, 4.23.8, 9.2.2(6)(e).

b.     Bedroom

i.   Provide hardware for the closet doors that is operable without tight grasping, twisting, or pinching. Standards §§4.13.9, 9.2.2(3).

ii.   Provide access to an electrical outlet adjacent to the telephone to facilitate the use of a text telephone. Standards §9.3.1.

iii.   Provide access to the thermostat that is no more than 54 inches above the finish floor for a side reach. Standards §§4.2.6, 4.27.3, 9.2.2(5).

23.     Guest Room 112

a.     Bathroom

i.   Provide a toilet rear grab bar at least 30 inches long. Standards §§ 4.16.4, 4.23.4, 9.2.2(6)(e).

ii.   Provide a toilet side grab bar which extends at least 54 inches from the rear wall. Standards §§ 4.16.4, 4.23.4, 9.2.2(6)(e).

iii.   Provide a toilet paper dispenser mounted no more than 36 inches from the rear wall to the far side of the toilet paper roll. Standards §§4.16.6, 4.23.4, 9.2.2(6)(e).

iv.   Remove the wing wall at the head end of the bathtub that blocks access to the bathtub for persons transferring into the tub. Standards §§ 4.20.4, 4.23.8, 9.2.2(6)(e).

v.   Provide a bathtub lower back grab bar mounted no higher than 9 inches above the tub. Standards §§ 4.20.4, 4.23.8, 9.2.2(6)(e).

vi.   Provide a securely mounted tub seat which complies with the Standards, and will not slip during use. Standards §§4.20.3, 4.23.8, 9.2.2(6)(e).

b.   Bedroom

i.   Provide hardware for the closet doors that is operable without tight grasping, twisting, or pinching. Standards §§4.13.9, 9.2.2(3).

ii.   Provide access to an outlet adjacent to a telephone to facilitate the use of a text telephone. Standards § 9.3.1.

iii.   Provide access to the thermostat that is no more than 54 inches above the finish floor for a side reach. Standards §§4.2.6, 4.27.3, 9.2.2(5).

24.   Guest Room 115. Although the Department was not able to survey this room during our site visit, it is understood that the room has essentially the same features as Room 119, including a roll-in shower. The modifications required in the other designated accessible rooms are required for Room 115.

Parking for Designated Accessible Guest Rooms

25.     Part of the route from Rooms 117 and 119 to the closest designated accessible parking spaces is less than 36 inches wide due to protruding limbs from adjacent bushes and trees. Within 30 days of the effective date of this Agreement, provide and maintain an accessible route, at least 36 inches wide, from Rooms 117 and 119 to the closest designated accessible parking space by keeping limbs from bushes and trees from protruding into the pathway. Standards §§ 4.1.2(1), 4.3.3.

26.     Within 90 days of the effective date of this Agreement, Madonna Inn, Inc. will provide a “Van-Accessible” sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

Designated Accessible Unisex Toilet Room Located in the Restaurant

27.     There is a toilet paper shelf located below the lavatory which creates a sharp object in the required knee space below the lavatory. Within 30 days of the effective date of this Agreement, Madonna Inn, Inc. will remove the toilet paper shelf located below the lavatory. Standards §§ 4.1.3(11), 4.19.4, 4.22.6.

28.     The toilet will be modified within 90 days of the effective date of this Agreement in the following ways:

a.  Provide a toilet seat that is 17 to 19 inches measured to the top of the seat. Standards §§ 4.1.3(11), 4.16.3, 4.22.4.

b.  Provide a toilet paper dispenser mounted no more than 36 inches from the rear wall to the far side of the toilet paper roll. Standards §§ 4.1.3(11), 4.16.4, 4.22.4.

Designated Accessible Public Telephone Outside of Unisex Toilet Room

29.     Within 6 months of the effective date of this Agreement, Madonna Inn, Inc. will provide at least 36 inches wide of clear floor space for this public telephone or provide an accessible telephone elsewhere in the same area. Standards §§ 4.1.3(17)(a), 4.31.2.

Reception Area

30.     Within 6 months of the effective date of this Agreement, provide an accessible registration counter at least 36 inches wide and no more than 36 inches above the finish floor or provide alternate access to registration with a clipboard. Standards § 7.2(2).

31.     Within 30 days of the effective date of this Agreement, Madonna Inn, Inc. will acquire one TDD to be maintained at the Front Desk to enable staff to communicate with guests of the Inn who use TDD’s, such as guests who request wake-up calls, place room service orders, or have other routine telephone communications with Inn staff. This TDD will be in addition to those that are required to be available for use in guest rooms by guests with hearing impairments.

Designated Accessible Routes to Registration and the Main Entrance to the Restaurant

32.    The accessible entrance from the designated accessible parking to the main entrance lobby (through the restaurant) is not identified by the International Symbol of Accessibility when not all of the entrances are accessible and there is no directional signage at the inaccessible entrance indicating the route to the nearest accessible entrance. Within 30 days of the effective date of this Agreement, provide signage to identify the accessible entrance and directional signage at the inaccessible entrance indicating the route to the nearest accessible entrance. Standards §§ 4.1.2(7)(c), 4.30.7.

COMPLIANCE REPORTS

33.     Six (6) months after the effective date of this Agreement, and again on the anniversaries of the effective date of this Agreement for three years, Madonna Inn, Inc. will submit a report to the Department summarizing the actions it has taken pursuant to this Agreement. The reports will consist of descriptions and detailed photographs of the architectural modifications taken pursuant to this Agreement to clearly show the dimensions of the various elements and spaces so that compliance with the Agreement may be determined.

ENFORCEMENT

34.     Any violation of this Agreement will be deemed a subsequent violation of title III for purposes of Section 36.504(a)(3)(ii).

35.     If at any time Madonna Inn, Inc. desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

36.     The Department may review compliance with this Agreement at any time. If the Department believes that Madonna Inn, Inc. has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify Madonna Inn, Inc. in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to Madonna Inn, Inc., it may institute a civil action in federal district court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under law.

37.     For purposes of the immediately preceding paragraph, it is a violation of this Agreement for Madonna Inn, Inc. to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

38.     Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.

39.     This Agreement shall be binding on Madonna Inn, Inc., its agents and employees. In the event the owner/operator of the Madonna Inn seeks to transfer or assign all or part of its interest in any facility covered by this Agreement, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale the owners/operators of the Madonna Inn shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.

IMPLEMENTATION

40.     The effective date of this Agreement is the date of the last signature below.

41.     This Agreement constitutes the entire agreement between the parties, and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement, shall be enforceable.

42.     This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect Madonna Inn, Inc.’s continuing responsibility to comply with all aspects of the ADA.

43.     A copy of this document or any information contained in it will be made available to any person by Madonna Inn, Inc. or the Department of Justice upon request.

44.     This Agreement will remain in effect for three (3) years from the effective date of this Agreement.

45.     The person(s) signing this document for Madonna Inn, Inc. represent that they are authorized to bind Madonna Inn, Inc. to this Agreement.