SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE UNIVERSITY OF SOUTHERN CALIFORNIA
UNDER THE AMERICANS WITH DISABILITIES ACT

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and the University of Southern California (“USC”), which owns and operates the USC Hotel (the “Hotel”) located at 3540 South Figueroa Street, Los Angeles, California 90007.
2. This matter was initiated by USAO Complaint No. 2017V01057, DJ No. 202-51-599, a complaint received by the United States Department of Justice. The Complainant, who uses a wheelchair due to his disability and requires an accessible room with a roll-in shower, alleged that he used the online reservation system to book a room at the Hotel (then known as the Radisson Hotel Los Angeles Midtown at USC or USC Radisson), anticipating that an accessible room would be available. He also alleged that when he arrived, he was unable to stay at the hotel because the hotel’s only wheelchair accessible room with a roll-in shower was occupied. The United States Attorney’s Office for the Central District of California (“USAO”) conducted an investigation under the authority granted by Section 308(b) of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12188(b).
3. The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in litigation. The parties have therefore voluntarily entered into this Agreement, as follows:

TITLE III COVERAGE AND DETERMINATIONS

4. The United States Department of Justice is authorized under 42 U.S.C. § 12188(b)(1)(A) to investigate the allegations of the complaints in this matter to determine compliance with Title III of the ADA, as amended, 42 U.S.C. §§ 12181–12189, and its implementing regulations, 28 C.F.R. Part 36, including the ADA Standards for Accessible Design. For purposes of this Agreement, the term “Standards for Accessible Design” means the 1991 Standards, 28 C.F.R. Part 36, Appendix D, and the 2010 Standards, 28 C.F.R. § 36.104, which consists of the 2004 ADA Accessibility Guidelines (set forth in appendices B and D to 36 C.F.R. Part 1191). The United States is authorized to investigate alleged violations of Title III of the ADA, to use alternative means of dispute resolution, where appropriate, including settlement negotiations to resolve disputes, and to bring a civil action in federal court in any case that raises issues of general public importance. 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 503, 506.
5. The Hotel is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7) because, among other things, it is “an inn, hotel, motel, or other place of lodging.” 42 U.S.C. § 12181(7)(A); see also 28 C.F.R. § 36.104 (defining an “inn, hotel, or motel” as a “place of lodging”). Accordingly, USC is responsible for the Hotel’s compliance with the requirements of Title III of the ADA because it owns and operates the Hotel.
6. The Hotel, which was constructed in 1974, is an existing facility under the ADA and is subject to the “readily achievable” barrier removal provisions of the ADA at 42 U.S.C. § 12182(b)(2)(iv)–(v) and 28 C.F.R. § 36.304. Any portions of the Hotel that have been altered after January 26, 1992 were required to be made to be readily accessible to and usable by individuals with disabilities, to the maximum extent feasible. 42 U.S.C. § 12183(a); 28 C.F.R. 36. 402–406.
7. Title III of the ADA prohibits discrimination against persons with disabilities by owners or operators of places of public accommodation, 42 U.S.C. § 12182(a), and establishes an ongoing requirement by such owners and operators to, among other things: remove architectural barriers to access where such removal is “readily achievable,” 42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R. § 36.304; make required alterations to make facilities readily accessible to and usable by individuals with disabilities to the maximum extent feasible, 42 U.S.C. § 12183(a)(2), 28 C.F.R. § 3604.402–404; and reasonably modify policies and practices so as to ensure “full and equal enjoyment” of their goods and services by individuals with disabilities, 42 U.S.C. § 12182(a) and (b)(2)(A)(ii), 28 C.F.R. §§ 36.201–202.
8. The United States has investigated the complaint, and it has determined that, as of March 2018, the Hotel: (a) had an insufficient number of accessible guest rooms with mobility features as that term is defined within the 2010 Standards for Accessible Design, (b) altered the registration counter and failed to comply with the 2010 Standards for Accessible Design by not providing an accessible portion, and (c) had an online reservations system does not comply with the ADA, 28 C.F.R. § 36.302(e). USC disputes the United States’ determinations, including, among other things, that the Hotel had an insufficient number of accessible guest rooms with mobility features. 

ACTIONS TO BE TAKEN BY USC

9. The Hotel has 240 guest rooms on ten floors. The 2010 Standards for Accessible Design require hotels with 240 guest rooms to have at least ten rooms with features for individuals with mobility disabilities, including a minimum of three guest rooms with roll-in showers.  USC disputes that the 2010 Standards for Accessible Design apply to the Hotel because it is not “newly constructed.”  However, in accordance with the schedule set forth below, USC agrees that the Hotel will make the following changes in accordance with the 2010 Standards for Accessible Design, including the dispersion requirement set forth in Section 224.5:
1. Within six months of the Effective Date of this Agreement, USC shall submit architectural plans and/or drawings for the newly designated accessible guest rooms with mobility features. Should USC have a reasonable basis to require additional time to prepare and submit architectural plans and/or drawings, USC will promptly inform the United States of the reason for the extension request and the proposed extension date, which will not interfere with USC meeting the deadlines set forth in Paragraph 9b; the United States will grant a reasonable extension request. The architectural plans and/or drawings shall illustrate all required compliant features. The United States shall approve or disapprove such plans or drawings within 30 days of submission. If the United States does not approve the plans and/or drawings, USC shall have 30 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval. If the United States does not approve or disapprove such plans within 30 days of submission, such plans will be deemed approved for purposes of Paragraph 9.
2. Upon approval by the United States for its submitted plans and/or drawings, USC shall complete renovation of the newly designated accessible guest rooms with mobility features in accordance with the approved drawings and/or plans. Upon request of the United States, USC shall provide site access and/or photographs to demonstrate compliance. The deadlines for completion are as follows: (i) within eighteen months of the Effective Date of this Agreement, an additional three rooms with mobility features, at least two of which shall have roll-in showers (ii) within two years of the Effective Date, a total of seven accessible rooms with mobility features, and, (iii) within thirty months of the Effective Date, a total of ten accessible rooms with mobility features.
10. Within one year of the Effective Date of this Agreement, USC shall construct a new, or alter the existing, registration counter so that it has an accessible counter surface in compliance with Sections 227.3 and 904.4 of the 2010 Standards for Accessible Design.
11. Within 90 days of the Effective Date of this Agreement, USC shall ensure that the Hotel’s online reservations system complies with 28 C.F.R. § 36.302(e), including by listing accessible rooms as an option when booking, describing accessibility features of such rooms in sufficient detail to allow individuals with disabilities to assess independently whether the room meets their needs, and describing the accessibility features of the hotel generally.
12. Any alterations or additions to the Hotel or new construction at the Hotel must comply with the ADA’s requirements, including the appropriate accessibility standards. 
13. USC further acknowledges and agrees that if an alteration or addition the Hotel affects or could affect the usability of or access to an area of the Hotel that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. 42 U.S.C. § 12183(a); 28 C.F.R. § 36.403.
14. Within 90 days after the Effective Date of this Agreement, and then once per year on or before the anniversary of the Effective Date, USC will provide the United States a written report and, if necessary, photographs describing and/or depicting the activities USC has taken to comply with Paragraphs 9–13 of this Agreement. Upon reasonable request, USC will provide the United States with documentation sufficient to verify the contents of USC’s written reports. USC shall send its written reports via electronic mail to the United States (to the attention of acrivi.coromelas@usdoj.gov or other person specified by the United States) or via Federal Express to:

Acrivi Coromelas
Assistant U.S. Attorney
Civil Rights Section, Civil Division
United States Attorney’s Office
South Angeles Street, Room 7516
Los Angeles, CA 90012

15. Within thirty days of the Effective Date of this Agreement, USC shall pay a total of $4,000 to Complainant to compensate him as authorized by 42 U.S.C. 12188(b)(2)(B); 28 C.F.R. § 36.504(a)(2). Such payment shall be made by check payable to the order of the Complainant (in his legal name) and delivered to counsel for the United States.
16. Within 15 days of the Effective Date of this Agreement, the United States Attorney’s Office will deliver to counsel for USC a release signed by the Complainant. The release is attached hereto as Exhibit A.

IMPLEMENTATION

17. USC shall cooperate in good faith with any and all reasonable requests by the United States for access to the Hotel and for information and documents concerning the Hotel’s compliance with this Agreement. The United States shall have the right to verify compliance with this Agreement, including visits to the public areas of the Hotel and communications with Hotel staff. The United States shall have the right to inspect the Hotel at reasonable times upon 15 business days advance written notice to USC. The Parties agree to meet and confer regarding the timing of any inspection(s) in order to avoid interference with any guest’s right to quiet enjoyment of his or her guestroom.
18. If the United States believes that this Agreement or any requirement thereof has been violated, it agrees to notify USC in writing of the specific violation(s) alleged. USC shall have thirty days from its receipt of the notice to cure and/or respond in writing to the United States regarding the alleged violation(s). If the United States and USC are unable to reach a satisfactory resolution of the issue or issues, the United States may commence a civil action in the United States District Court for the Central District of California to enforce the terms of this Agreement, the ADA, or both.
19. This Agreement is a public document. USC agrees and consents to the United States’ disclosure of this Agreement and information concerning this Agreement to the public subject to any applicable privacy laws.
20. Failure by the United States to enforce any provisions in this Agreement is not a waiver of its right to enforce other provisions of this Agreement.
21. This Agreement is the entire agreement between the United States and USC on the matters raised herein and no other statement, promise or agreement, either written or oral, made by any party or agents of any party, is enforceable. This Agreement can only be modified by mutual written agreement of the parties.
22. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and USC shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
23. The signatory for USC represents that he or she is authorized to bind USC to this Agreement.
24. This Agreement is binding on USC, including all successors in interest, beneficiaries, and assigns. In the event that USC seeks to sell, transfer, or assign all or part of its interest in the Hotel during the term of this Agreement, as a condition of sale, transfer, or assignment, USC will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.  Notwithstanding the foregoing, nothing in this Agreement shall require USC to continue to utilize the facility as a hotel or other place of public accommodation. USC retains the right to repurpose the building to any non-hotel use and/or to demolish the building. In the event the building is re-purposed for a non-hotel use or is demolished, this Agreement will terminate and the Parties shall have no further obligations hereunder.

EFFECTIVE DATE/TERMINATION DATE

25. The Effective Date of this Agreement is the date of the last signature below.
26. This Agreement shall remain in effect for three years from the Effective Date.