SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
MRS. K'S TOLL HOUSE RESTAURANT
SILVER SPRING, MARYLAND
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-248

Press Release

A. BACKGROUND AND PARTIES

  1. The parties to this Settlement Agreement (Agreement) are the United States of America and Mrs. K's Toll House Restaurant which is owned by Quick Cuisine, Inc. and Colesville Investment (collectively referred to hereafter as Mrs. K's). Mrs. K's is located at 9201 Colesville Road, Silver Spring, Maryland 20910. Theodosius Margas is the President and owner of Mrs. K's.
  2. The United States conducted a compliance review to determine whether the owners and operators of Mrs. K's failed to remove any architectural barriers to access for individuals with disabilities where such removal is readily achievable, as required by title III of the Americans with Disabilities Act of 1990 ("ADA"). 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304. The United States also received a complaint alleging that individuals with disabilities were unable to enter the dining area and unable to use restrooms. The compliance review determined that other areas of the restaurant, including parking, pathways, entrances, dining areas, and restrooms violate the ADA.
  3. The Attorney General is authorized under title III of the ADA, 42 U.S.C. § 12188(b)(1), to investigate complaints and bring a civil action under title III in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised.
  4. Mrs. K's is a restaurant open to the public and is a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(F). The ADA prohibits owners of public accommodations from discriminating against an individual on the basis of disability in the full and equal enjoyment of the entity's goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201. Discrimination includes the failure to remove architectural barriers in existing facilities, where such removal is readily achievable, 42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R. § 36.304, and the failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities. 42 U.S.C. § 12183(a)(2); 28 C.F.R. § 36.402.
  5. The United States' investigation and compliance review found violations of the barrier removal and alterations requirements of title III of the ADA, 42 U.S.C. §§ 12182(b)(2)(A)(iv), 12183. The violations found are outlined on Attachment A.
  6. Ensuring that public accommodations remove architectural barriers in existing facilities where readily achievable to do so and that altered facilities are, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities are matters of general public importance.

B. TERMS OF AGREEMENT

  1. Mrs. K's agrees to undertake barrier removal, as outlined in this Agreement, to enable individuals with disabilities, including individuals who use wheelchairs, to enjoy Mrs. K's Restaurant. All remedial work will comply with the 2010 ADA Standards for Accessible Design ("2010 Standards"), 28 C.F.R. Part 36 subpart D, and the ADA Accessibility Guidelines in 2004 ADAAG at 36 C.F.R. pt. 1191, appendices B and D.
  2. Mrs. K's will, upon the effective date of this Agreement, promptly obtain the necessary permits and licenses to install a fully accessible toilet room in the wine cellar in accordance with the terms herein. Permits and licenses will be applied for within 90 days. Within 120 days after such permits and licenses have been issued, Mrs. K's agrees to install a fully accessible toilet room that complies with the 2010 Standards.
  3. Within 60 days of the effective date of this Agreement, Mrs. K's agrees to make the modifications to signage required to remedy the violations set forth in Attachment A.
  4. Within 60 days of the effective date of this Agreement, Mrs. K's will modify the upper level toilet room consistent with the provisions in Attachment A.
  5. Within six months of the effective date of this Agreement, Mrs. K's agrees to make all other modifications required to remedy the violations set forth in Attachment A, including the interior of the restaurant, the exterior routes, and the parking lots.
  6. Within one year of the effective date of this agreement, Mrs. K's will remedy the violations set forth at I.B.1 and I.C.4. in Attachment A, concerning the brick walkway leading to the lower Main Entrance and the Wine Cellar.
  7. Mrs. K's agrees to maintain in operable working condition those features of the facilities and equipment that are required to be readily accessible to and usable by persons with disabilities. This includes maintaining accessible parking areas, pathways, entrances and all other accessible elements of the restaurant as required by 28 C.F.R. § 36.211(a).
  8. Within thirty days of the effective date of this Agreement, Mrs. K's will modify its website to provide information regarding the location of accessible parking and the accessible entrances, and to allow patrons to make a reservation and indicate the need for accessible seating.
  9. Within six months of the effective date of this Agreement, Mrs. K's will provide training on title III of the ADA to every manager and Front Desk employee at the restaurant as well as any employees whose routine job functions require them to interact with guests and any employee at the restaurant who receives, handles, or processes reservations, customer complaints, or requests for reasonable modifications. The training will include the duty to make reasonable modifications to policies, practices and procedures under the ADA; and the restaurant's obligations under the Agreement. Front desk employees and any employees at the restaurant who receive, handle, or process reservations will also receive training on the need to hold accessible tables for possible use by persons with disabilities until all other tables in the same area have been occupied. Within fourteen days of the training, Mrs. K's shall provide the United States with an attendance sheet that indicates which employees received the training, their titles, and when it occurred. Mrs. K's will train building staff and employees of the restaurant on a continuing basis on this information and how to accommodate patrons with disabilities in a nondiscriminatory manner.
  10. During the term of this Agreement, Mrs. K's will provide periodic reports to the United States regarding their progress with respect to the completion of the respective responsibilities of this Agreement. The first report shall be provided within six months of the effective date of this Agreement; the second report shall be provided on the one-year anniversary of the effective date of this Agreement; and subsequent reports shall be provided every six months thereafter for the remainder of the Agreement. Mrs. K's shall provide the Department with written documentation evidencing their completion of each corrective action in sufficient detail for the United States to independently confirm that all work has been done in conformance with this Agreement. Such evidence may include but is not limited to, permits, color photographs, purchase orders, and architectural drawings, as necessary. Nothing in the Agreement prohibits Mrs. K's from engaging an ADA consultant to submit such reports to the United States on their behalf. The United States may inspect the property in order to assess compliance with this Agreement.

    The report will be sent by overnight delivery to the following address:

    Sabrina Whitehead Jenkins
    U.S. Department of Justice
    Disability Rights Section
    1425 New York Avenue, NW
    Room 4039
    Washington, D.C. 20005

C. IMPLEMENTATION AND ENFORCEMENT

  1. The United States may review compliance with this Agreement at any time. If the United States believes that Mrs. K's has failed to comply in a timely manner with any requirement of this Agreement, the United States will so notify Mrs. K's in writing and attempt to resolve the issue in good faith. If the United States is unable to reach a satisfactory resolution of the issue within 30 days after providing notice to Mrs. K's, the United States may institute a civil action in federal district court to enforce the terms of this Agreement, or take other action to enforce title III of the ADA.
  2. Failure by the United States to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement.
  3. This Agreement will be binding on Mrs. K's. In the event that, prior to the completion of the terms of this Agreement, Mrs. K's seeks to transfer or assign all or part of its interest in the restaurant and the successor or assigned intends on carrying on the same or similar use of the facility, as a condition of sale or lease Mrs. K's will obtain the written accession of the successor or assigned to all remaining obligations under this Agreement.
  4. The effective date of this Agreement is the date of the last signature below.
  5. This Agreement constitutes the entire agreement between the parties on the matters relating to DJ No. 202-35-248, 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, including its attachments, will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect Mrs. K's continuing responsibility to comply with all aspects of the ADA with respect to matters not addressed in this Agreement.
  6. This Agreement will remain in effect for three years from the effective date of this Agreement.

FOR THE RESTAURANT

 

 

 

 

By: _/s/ Theodosios Margas_______                          
Theodosiuos Margas, OwnerMgr.
Mrs. K's Restaurant
Silver Spring, MD  20910
(301) 491-3100

 




Date: __9/21/2012____________

FOR THE UNITED STATES

THOMAS E. PEREZ
Assistant Attorney General
EVE L. HILL
Senior Counselor to the
Assistant Attorney General

By:__/s/ Sabrina Whitehead Jenkins__________________
GREGORY B. FRIEL, Acting Chief
KEVIN KIJEWSKI, Deputy Chief
SABRINA WHITEHEAD JENKINS
Senior Trial Attorney
U.S. Department of Justice
Disability Rights Section – NYA
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 514-2181
(202) 305-9775 (fax)

Date: __10/21/2012_____________________

 

ATTACHMENT A
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
MRS. K'S TOLL HOUSE RESTAURANT
SILVER SPRING, MARYLAND
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-248

I. ENTRANCES AND ROUTES

There are five entrances into the Restaurant, none of which are currently accessible. The Lower Main Entrance on Toll House Road, the Colesville Entrance and the Wine Cellar Entrance will be made accessible. The southern entrance and the east entrance are not addressed in this Agreement.

  1. Mrs. K's will provide directional signage with the International Symbol of Accessibility at both inaccessible entrances, the Upper Main Entrance on Toll House Road and the Rear Garden Entrance, indicating the location of the three accessible entrances. 2010 Standards §§ 216.6, 703.

A. COLESVILLE ENTRANCE

At the Colesville Entrance, Mrs. K's will do the following:

  1. The door opening width is inadequate because the clearing is less than 30". Ms. K's will provide a clear opening of at least 32". 2010 Standards §§ 206.5, 404.2.3.
  2. The entry door hardware is not accessible. Mrs. K's will install hardware that is easy to grasp with one hand and does not require tight grasping, pinching or twisting to operate. "Handles, pulls, latches, locks, and other operating devices on accessible doors shall have a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate." 2010 Standards §§ 206.5, 404.2.7.
  3. The furniture impedes access near the entrance. Mrs. K's will remove all furniture impeding access to the entrance. 28 C.F.R. § 36.211(a) and 2010 Standards § 403.5.1.
  4. Provide signage with the International Symbol of Accessibility at the Colesville Road courtyard gate and at that accessible entrance. Standards §§ 4.1.2(7)(c), 4.30; 2010 Standards §§ 216.6, 703.

B. LOWER MAIN ENTRANCE ON TOLL HOUSE ROAD

At the lower main entrance, Mrs. K's will do the following:

  1. The brick walkway leading to the lower Main Entrance was constructed on May 18, 2010 after the initial compliance visit without knowledge or review of the Department of Justice. There is an excessive cross slope at this new walkway greater than 2%. Ms. K's will retrofit the walkway to have a cross slope of 1:50 or less. 2010 Standards §§ 206.2.1, 206.2.2, 206.2.4, 403.3.
  2. The door opening width is inadequate. Mrs. K's will provide a clear opening of at least 32". 2010 Standards §§ 206.5, 404.2.3.
  3. The entry door hardware is not accessible. Mrs. K's will install hardware that is easy to grasp with one hand and does not require tight grasping, pinching or twisting to operate. "Handles, pulls, latches, locks, and other operating devices on accessible doors shall have a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate." 2010 Standards §§ 206.5, 404.2.7.
  4. Provide signage with the International Symbol of Accessibility at this accessible entrance. 2010 Standards §§ 216.6, 703.

C. WINE CELLAR ENTRANCE

At the wine cellar entrance, Mrs. K's will do the following:

  1. The doorway threshold from the patio to the wine cellar exceeds the allowable change in level of ¼" maximum. Mrs. K's will retrofit with a threshold between ¼" and ½" maximum that is beveled with a slope no greater than 1:2. 2010 Standards §§ 206.5.1, 404.2.5, 303.
  2. Provide signage with the International Symbol of Accessibility at this accessible entrance. 2010 Standards §§ 216.6, 703.
  3. Mrs. K's will provide an accessible route from the Rear parking location at Kingsbury Drive and Toll House Road. A partial brick walkway leading to the Wine Cellar Entrance was under construction on June 16, 2010, without knowledge or review of the Department of Justice. There are excessive slopes and cross slopes leading to this entrance. Mrs. K's will retrofit the walkway to have a slope and a cross slope of 1:50 or less. 2010 Standards §§ 206.2.1, 206.2.2, 206.2.4, 403.3.

II. PARKING

The three parking locations at Mrs. K's Toll House Restaurant are not accessible because of excessive slopes, lack of accessible space or lack of signage.

  1. With respect to paragraphs A, B, and C, below that define the specific problems, Mrs. K's will ensure that standard accessible spaces are a minimum of 96" wide and served by access aisles at least 60" wide. It will also ensure that van accessible spaces are a minimum of 96" wide and served by access aisles at least 96" wide. At all spaces designed as reserved for persons with disabilities Mrs. K's will provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, Mrs. K's will provide an additional Van-accessible sign located below the International Symbol of Accessibility. 2010 Standards §§ 502.2, 502.3.1, 703.7.2.1.

A. Main Entry Parking Location on Toll House Road

At the main entry parking location on Toll House Road, Mrs. K's will do the following:

  1. Mrs. K's has exclusive use of the parking area in front of the Restaurant on property owned by Montgomery County. The County may convert part of this area into roads and sidewalks. This parking lot is rutted and Mrs. K's will correct the lot by repairing the damaged asphalt. Mrs. K's also will provide directional signage at this location directing vehicles to the other accessible parking locations. 28 C.F.R. § 36.211(a) and 2010 Standards § 403.2.
  2. There are a total of 14 parking spaces with 3 designated accessible spaces and two access aisles. The 3 designated accessible spaces lack signage designating the accessible parking spaces for automobiles and vans. Mrs. K's will install compliant signage for the designated parking spaces and access aisles. 2010 Standards §§ 502.2, 502.3.1, 208.2.4, 216.5, 502.6.

B. Dale Drive Parking Lot

At the Dale Drive Parking Lot, Mrs. K's will do the following:

  1. The Dale Drive parking lot has 71 parking spaces. None of these spaces are accessible. Mrs. K's will install at least three accessible parking spaces and two access aisles. Each access aisle can be shared by two parking spaces one on either side. Mrs. K's will install at least one van accessible parking space. 2010 Standards §§ 502.2, 502.3.1, 208.2.4, 502.6.
  2. Provide compliant signage at the designated accessible spaces, for cars and vans. 2010 Standards §§ 502.2, 502.3.1, 208.2.4, 216.5, 502.6.

C. Rear Parking Location at Kingsbury Drive & Toll House Road

At the rear parking location, Mrs. K's will do the following:

  1. The Rear parking lot has 12 spaces. None of these spaces are accessible. Mrs. K's will install two accessible parking spaces. Mrs. K's will install at least one van accessible parking space. 2010 Standards §§ 502.2, 502.3.1, 208.2.4, 502.6.
  2. Provide required signage at the designated accessible spaces, for cars and vans. 2010 Standards §§ 502.2, 502.3.1, 208.2.4, 216.5, 502.6.

III. TOILET ROOMS

A. All Toilet Rooms

  1. The toilet rooms are all single usage and are not accessible due to lack of signage, noncompliant clearance space and noncompliant height of fixtures and controls. Mrs. K's will comply with the 2010 ADA Standards with respect to signage.
  2. Mrs. K's will make two toilet rooms accessible. Mrs. K's will alter the upper level toilet room to become compliant. In addition, Mrs. K's will construct a fully accessible new toilet room in or near the Wine Cellar. 2010 Standards §§ 604, 606, 603, 609, 702, 703.
  3. At both toilet rooms, Mrs. K's will install accessible signage that includes the international symbol of accessibility, raised characters, and Braille, and will be located on the latch side of the door. 2010 Standards § 703.

B. Upper Level Toilet Room

  1. The hardware on the upper level toilet room door is not easy to grasp with one hand. Mrs. K's will install hardware that is easy to grasp with one hand and does not require tight grasping, pinching or twisting to operate. 2010 Standards §§ 206.5, 404.2.7.
  2. The toilet room lacks a turnaround space. Mrs. K's will provide a minimum 60" diameter turning space or a T-shaped space. 2010 Standards §§ 213, 202.3.1, 202.3, 304, 603.2, 603.2.1, 603.
  3. There is inadequate clear floor space at the water closet. Mrs. K's will retrofit to provide compliant clear floor space in the water closet. 2010 Standards §§ 213, 202.3.1, 202.3, 304, 604.2, 604.3, 604.3.1, 603.1, 603.2, 603.2.1.
  4. The water closet exceeds the allowable side wall to centerline dimension. Mrs. K's will retrofit the water closet to provide 18" from the side wall to the centerline. 2010 Standards §§ 202.3, 213, 604, 604.2, and 604.8.2.1.
  5. The toilet paper dispenser is too far from the rear wall, in excess of 36 inches maximum from the rear wall. 2010 Standards § 604.8.1. Mrs. K's will retrofit the toilet paper dispenser to be 7 inches minimum and 9 inches maximum in front of the water closet measured to the centerline of the dispenser. 2010 Standards §§ 213, 604.7.
  6. The rear and side grab bar heights are too high. Mrs. K's will install rear and side grab bars to be 33" to 36" high. 2010 Standards §§ 213.3.2, 604.5 and 609.4. The grab bars are also too short. Mrs. K's will install the rear and side grab bars to be a minimum of 36" long and located a minimum of 54" from the back wall for the side grab bar. 2010 Standards §§ 213.3.2, 604.5.1, 604.5.2.

IV. INTERIOR

Many areas of the interior space at Mrs. K's Restaurant are inaccessible as a result of furniture placement, wall mountings, doorway opening and excessive counter widths.

  1. The doorway opening to the wall mounted telephone and upper level toilet room is too narrow. Mrs. K's will retrofit the opening to a minimum of 32" wide. 2010 Standards §§ 206.2.2, 206.2.4, 403.5.1, 404.2.3, 404.3.1.
  2. Interior furnishings block maneuvering clearance through the doorway leading to the toilet area opening on both sides and at the toilet room door. Mrs. K's will remove these furnishings. 2010 Standards § 405.5.
  3. The telephone near the upper bathroom has operable features at excessive heights, inadequate volume control and lacks appropriate signage. Mrs. K's will install a telephone with operable features at compliant heights, with compliant volume control and with compliant signage. 2010 Standards §§ 217, 703.7.2.1, 704.1, 704.2.2.
  4. The counter and bar in the Wine Cellar exceeds 34" in height and no lowered portion is provided. Mrs. K's will provide an accessible lowered portion of the counter. 2010 Standards § 902.3.




October 24, 2012