1. The parties to this Subagreement are the United States and Corte Metairie Hotel, LLC (the "Owner").
2. Listed in the Specific Remedies Section below are architectural barriers to access, communication barriers to access, and failures to provide auxiliary aids (Non-compliant Features), within the meaning of Title III of the Americans with Disabilities Act ("ADA"), at the Holiday Inn, Metairie, 3400 I-10 Service Road, Metairie, Louisiana 70001 (the "Hotel"). The violations were found either in architectural drawings of planned changes to the Hotel or in the United States more recent investigation of the Hotel. The list is not exhaustive, and may not include every Non-compliant feature at the Hotel.
3. Following the Non-compliant Features in the Specific
Remedies Section below are listed the modifications that will be undertaken at the Hotel. In addition to any specific references below, all modifications undertaken will comply with all relevant provisions of the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.
4. All citations and references are to the Department of Justice Regulation for Title III of the ADA, 28 C.F.R. pt. 36, or the Standards. Citations following Non-compliant Features are not necessarily exhaustive; other provisions may apply.
5. Staff Training: The Owner will ensure that all Hotel employees are trained regarding all ADA issues relevant to the Hotel, including, but not limited to, use of auxiliary aids (e.g. telecommunication devices for the deaf (TDD's), closed caption decoders) and their distribution to guests, guest rooms and other features which are accessible to people with mobility impairments, and the maintenance of accessible routes. All employees, including housekeeping and maintenance personnel, will be trained in these issues no less than semi-annually, and all new employees will be trained in these issues when they begin employment.
6. Guest Rooms
a) Non-compliant Features: The hotel had an insufficient number of guest rooms designated as accessible for persons with hearing impairments. The guest rooms designated as accessible had the following Non-compliant Features: (1) the route from the Hotel's entrance to the rooms and suites was not accessible; (2) doorways into and within the designated accessible guest rooms were too narrow; (3) routes to the guest room bathrooms were too narrow; (4) doors into guest room bathrooms had insufficient maneuvering clearance; (5) toilet grab bars were incorrectly placed; (6) bathtubs lacked fixed seats and grab bars; (7) roll-in showers were not flush with the floor and lacked seats and grab bars; and (8) built-in storage areas had inadequate clear floor space. Standards §§ 9.1.2, 9.1.3, 9.2, 9.3, 4.3.1, 4.3.3 & Figure 7, 4.3.8, 4.13.1, 4.13.5 & Figure 24, 4.13.6 & Figure 25, 4.16.1, 4.16.4 & Figure 29, 4.20.1, 4.20.3 & Figures 33 & 34, 4.20.4 & Figures 33 & 34, 4.21.1, 4.21.3 & Figure 57, 4.21.7, 4.23.1, 4.23.2, 4.23.4, 4.23.8, 4.26, and 4.27.2.
Modifications:
b) Since the Department's review of architectural plans for the Hotel, the Owner has installed closed caption television decoders in all rooms and modified the following of the features listed in paragraph 6(a) above to comply with the Standards: (1) the route from the Hotel entrance to guest rooms; (2) width of doorways into and within guest rooms; (3) maneuvering clearances at bathroom doors; (4) bathtub seats and grab bars; (5) roll-in shower entrances and grab bars; and (6) clear floor space at built-in storage areas.
c) Within one year of the effective date of this Subagreement, the Owner will make the following modifications to remedy the remaining Non-compliant Features:
1) The Owner will: (a) purchase visual alarms, visual notification devices and TDD's for 6 additional rooms, in accordance with Standards § 9.1.3 and 28 C.F.R. § 36.303(d); (b) purchase and install an additional TDD at the front desk so that Hotel staff can communicate with guests who use TDD's in accordance with 28 C.F.R. pt. 36, Appendix B, at 609; (c) ensure that 14 rooms, including the 8 that are to be designated as accessible to persons with mobility impairments, have telephones with volume controls, in compliance with 4.31.5, and an accessible electrical outlet within 4 feet of a telephone connection as required by 9.3.1; and (d) ensure that all rooms designated as accessible are dispersed among the various classes of sleeping accommodations offered at the Hotel, in compliance with Standards § 9.1.4.
2) In the designated accessible guest room bathrooms, the Owner will: (a) modify the rear toilet grab bars so that they are no more than 6" from the side walls, in compliance with Standards § 4.6.4 and Figure 29; and (b) install fixed folding seats in the roll-in showers, in compliance with Standards § 9.1.2 & Figure 57.
7. Parking
a) Non-compliant Features: The Hotel had an insufficient number of designated accessible parking spaces and no van accessible spaces; none of the designated accessible spaces were on the shortest accessible route to the accessible entrances; access aisles were not part of an accessible route; and the designated accessible spaces lacked signage. Standards §§ 4.1.2(1), 4.1.2(5), 4.1.2(7)(a), 4.6.1, 4.6.3, 4.6.4, and 4.30.1.
Modifications:
b) Since the Department's review of architectural plans for the Hotel, the Owner has modified the parking to provide van accessible spaces and signage, and to relocate the access aisles and spaces to the shortest accessible route to the accessible entrances.
c) Within 60 days of the effective date of this Subagreement, the Owner will provide one additional accessible space, in compliance with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 7(a) above.
8. Passenger Loading Zone
a) Non-compliant Features: The hotel provided no accessible passenger loading zone. Standards §§ 4.1.2(5)(c), 4.6.1, 4.6.5, and 4.6.6.
b) Modifications: Since the Department's review of architectural plans for the Hotel, the Owner has created an accessible passenger loading zone at the front entrance. Within 60 days of the effective date of this Subagreement, the Owner will provide signage with the international symbol of accessibility at the passenger loading zone.
9. Interior Accessible Route
a) Non-compliant Features: The vestibules from the lobby to Pool Area #2 had insufficient space between the sets of doors; and the threshold on the route from the pool area to meeting room 1 (#9) was too high and not beveled. Standards §§ 4.1.3(1), 4.1.3(7), 4.3.1, 4.3.2(3), 4.13.1, 4.13.4, 4.13.5, 4.13.7 & Figure 27, and 4.13.8.
b) Modifications: Since the Department's review of architectural plans for the Hotel, the Owner has modified the vestibule from the lobby to Pool Area #2 to have automatic door openers that open both doors simultaneously and has removed the thresholds.
10. Public Telephones
a) Non-compliant Features: The route to the public telephones near the lobby area was too narrow. Standards §§ 4.1.3(1) and 4.1.3(17)(a).
b) Modifications: Since the Department's review of architectural plans for the Hotel, the Owner has modified the route to the public telephones to comply with all relevant provisions of the Standards including, but not limited to, the provisions listed in paragraph 10(a) above.
11. Meeting Room Doors
a) Non-compliant Features: None of the doors at the meeting rooms had adequate maneuvering space. Standards §§ 4.1.3(7)(b), 4.13.1, and 4.13.6 & Figure 25.
b) Modifications: Since the Department's review of architectural plans for the Hotel, the Owner has modified the meeting room doors to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 11(a) above.
12. Public Restrooms
a) Non-compliant Features: The ceramic tile in the men's and women's restrooms near the lobby was not specified to be slip resistant; the door to the men's and women's restrooms did not have 18 inches of maneuvering clearance; and no stall met the sizes and configurations in Figure 30(a). Standards §§ 4.1.3(11), 4.3.1, 4.3.4, 4.3.6, 4.5.1, 4.13.6 & Figure 25, 4.17.1, 4.17.3 & Figure 30, 4.22.1, and 4.22.4 & Figure 30.
Modifications:
b) Since the Department's review of architectural plans for the Hotel, the Owner has modified the ceramic tile in the men's and women's restrooms to be slip resistant and has modified one stall in each restroom to comply with the sizes and configurations in Figure 30(a).
c) Within 6 months of the effective date of this Subagreement, the Owner will install automatic door openers on the doors to each to restroom to remedy maneuvering space violations, in accordance with Standards § 4.13.6 and Figure 25.
13. Alarms
a) Non-compliant Features: There were no audible or visual alarms in the lobby, shop, office, stairways, and south guest wing corridor at floors 2, 3, and 4; the intensity and flash rate of those alarms provided did not meet the requirements in the Standards; and the north guest wing corridor alarms were more than fifty feet from any point in the corridor. Standards §§ 4.1.3(14), 4.28.1, 4.28.3(4), 4.28.3(5), and 4.28.3(8).
Modifications:
b) Since the Department's review of architectural plans for the Hotel, the Owner has installed both audible and visual alarms in all public areas and modified the flash rate of the prior alarms.
c) Within 60 days from the effective date of this Subagreement the Owner will install an additional visual alarm in the north guest wing corridor, so that there is no more than 50' between alarms, in compliance with 4.28.3.
14. The parties agree to comply with relevant provisions of the Primary Agreement between the United States and Bass Hotels & Resorts with regard to alternative dispute resolution.
15. In the event any party fails to comply with any requirement of this Subagreement without obtaining sufficient advance written agreement with the United States as to a temporary modification of the relevant terms of the Subagreement, all then applicable terms of this Subagreement shall become immediately enforceable in a United States District Court. Such failures to comply will be considered subsequent violations, within the meaning of Title III of the ADA.
16. This Subagreement is limited to the facts set forth in it. This Subagreement does not address or remedy any other ADA claims or other claims under Federal law at the Hotel, or by the signors to the Subagreement.
17. The effective date of this Subagreement is the date of the last signature below.
18. This Subagreement shall be binding on the parties and their successors in interest, and each party has a duty to so notify all such successors in interest.
19. Signors of this Subagreement on behalf of the parties represent that they are authorized to bind those parties to this Subagreement.
For the United States:
______________________________(date)
John L. Wodatch
Renee Wohlenhaus
Bebe Novich
Attorneys
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202)616-2313
For Corte Metairie Hotel, LLC:
______________________________ (date)
Joseph Canizaro
Managing Partner
Corte Metairie Hotel, LLC
909 Paydras Street, Suite 1700
New Orleans, Louisiana 70112
(504) 584-5000
Received:
______________________________(date)
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
(770) 604-2916
February 8, 1999