SETTLEMENT AGREEMENT
between
THE UNITED STATES OF AMERICA
and
THE WYNDHAM SOUTHBURY HOTEL
DJ # 202-14-196

WHEREAS, the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181 et seq., provides, among other things, that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation,” 42 U.S.C. § 12182 (a).  The term “public accommodation” under the ADA includes “an inn, hotel, motel, or other place of lodging,” 42 U.S.C. § 12181 (7)(A), and the ADA authorizes the United States Department of Justice to “investigate alleged violations of [the ADA]” and to “undertake periodic reviews of compliance of covered entities,” 42 U.S.C. § 12188 (b)(1)(A)(i).

WHEREAS, in January 2017, after receiving a complaint regarding inaccessibility of the Wyndham Southbury Hotel (the “Hotel”), the United States Attorney’s Office for the District of Connecticut (the “United States”) initiated an ADA compliance review of the Hotel pursuant to its authority under 42 U.S.C. § 12188 (b)(1)(A)(i).  As part of the compliance review, the United States requested information from the Hotel, conducted an on-site inspection, and met with representatives of the Hotel.  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”).

WHEREAS, the United States and the Hotel share the goal of resolving the issues discovered during the Compliance Review and ensuring that the Hotel operates in compliance with Title III of the ADA.  In light of the actions taken by the Hotel to date to comply with the ADA, the actions taken by the Hotel during the period of the compliance review, and the actions that the Hotel has agreed to take within the next two years as set forth in this agreement (the “Agreement”), the United States has decided to take no further enforcement action at this time with respect to the Hotel as a result of this compliance review.

NOW, THEREFORE, IT IS HEREBY AGREED, BY AND BETWEEN THE UNITED STATES AND THE HOTEL:

I. BACKGROUND AND SCOPE

1. For purposes of this Agreement, the term “Standards” means the 2010 ADA Standards for Accessible Design.  See 28 CFR § 36.104 (defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 CFR part 1191 and the requirements contained in subpart D of 28 CFR part 36).
2. For purposes of this Agreement, the term “accessible” means in compliance with the Standards.
3. As part of its franchise agreement with the Wyndham Hotel chain, the Hotel is responsible for meeting the requirements of a Property Improvement Plan Report, version “Revised March 28, 2016.”  Pursuant to the Property Improvement Plan Report, the Hotel is required to make modifications to the following sections of the Hotel in order to maintain its franchise agreement with Wyndham:  exterior and façade, parking lot (including repairing, resealing and striping), lobby entry, registration area, sundry shop, public restrooms (including replacing flooring, ceilings, fixtures, mirrors, partitions and entrance doorways), fitness center, locker rooms, pool area, and guestrooms (including replacement of tile surround and fixtures in guest bathrooms).
4. The Hotel is an existing facility subject to the ADA’s barrier removal requirements pursuant to 28 CFR § 36.304.  In addition, any alterations¹ to the facility (such as those alterations required by the Property Improvement Plan Report) must be readily accessible to and usable by individuals with disabilities to the maximum extent feasible, pursuant to 28 CFR § 36.402.  Public accommodations that make alterations after March 15, 2012, as defined in 28 CFR § 36.401 and 28 CFR §36.402, must follow the requirements of the 2010 Standards for Accessible Design.  In addition, public accommodations that are removing barriers to access in existing facilities after March 15, 2012, must modify the barriers to comply with the 2010 Standards, pursuant to 28 C.F.R. § 36.304(d).

II. PARKING AND ROUTE TO BUILDING/ENTRANCE

In order to remedy the Hotel’s violations of the Standards, the identified violations in the parking and route to building/entrance are set forth in subsections 1-3 below.  A timeframe for remediating such violations is set forth in subsection 4 below.

1. The Hotel’s on-site parking lot includes 338 parking spaces.  Pursuant to §§ 208.2 and 208.3.1, the Hotel is required to provide eight accessible spaces on the shortest accessible route from the parking to an entrance complying with § 206.4.   The Hotel currently provides six accessible spaces on the shortest accessible route. 
2. Pursuant to § 208.2.4, the Hotel is required to provide at least two van accessible parking spaces complying with § 502.  The Hotel currently does not provide any van accessible spaces.
3. Pursuant to § 502.6, signs at the available accessible parking spaces must be 60 inches minimum above the ground surface measured to the bottom of the sign.  None of the signs for accessible parking spaces in the Hotel’s parking lot meet the height requirements of § 502.6.
4. Within 60 days of the execution of this Agreement, the Hotel shall: 
1. designate two additional accessible parking spaces for a total of eight accessible parking spaces on the shortest accessible route pursuant to §§ 208.2 and 208.3.1;
2. designate two van accessible spaces pursuant to § 208.2.4 that are compliant with § 502; and
3. ensure that any remedial measures taken to re-stripe or otherwise bring the parking lot into compliance with the Standards comply with any aspect of the Standards not already mentioned herein.

III. LOBBY AND FIRST FLOOR PUBLIC AREAS

In order to remedy the Hotel's violations of the Standards, the identified violations in the lobby and first floor public areas are set forth in subsections 1-2 below. A timeframe for remediating such violations is set forth in subsection 3 below.

1. Pursuant to §§ 226.1, 902.2, 902.3, 305.1 and 306.1, the lobby bar is required to have an accessible counter with a clear floor space positioned for a forward approach, toe and knee clearance, and a counter surface 28 inches minimum and 34 inches high maximum. The lobby bar does not have an accessible seating counter as required by the Standards.
2. Pursuant to § 404.2.9, except for fire doors, interior hinged doors and gates and sliding or folding doors must not exceed five pounds of force. Note that the maximum force pertains to the continuous application of force necessary to fully open the door, not the initial force required to overcome the inertia of the door.
3. Within 30 days of the execution of this Agreement, the Hotel shall:
   1. create signage, compliant with § 703, to alert patrons requiring an accessible bar counter that bar service is available at all times the bar is open at tables adjacent to the bar;
   2. create a policy, to be distributed to any employees responsible for bar and table service regarding procedures and protocols for ensuring bar service is available for mobility impaired patrons;
   3. ensure that signage throughout the Hotel meets the requirements of § 703; and
   4. ensure that interior doors throughout the hotel, with the exception of fire doors, do not exceed five pounds of force and are compliant with § 404.2.9.

IV. FIRST FLOOR PUBLIC RESTROOMS

In order to remedy the Hotel's violations of the Standards, the identified violations in the first floor public restrooms are set forth in subsections 1-14 below. A timeframe for remediating such violations is set forth in subsections 15-17 below.

1. There are six public restrooms on the first floor of the Hotel, divided by gender.  Pursuant to § 404.2.4.1, maneuvering space at doors requires a minimum of 18 inches.  None of the Hotel’s public restrooms provides the required clearance.
2. Pursuant to § 604.8.1, accessible maneuvering spaces of minimum 60 inches by 59 inches is required in toilet compartments with floor-mounted water closets.  None of the Hotel’s public restrooms provides compliant maneuvering spaces.
3. Pursuant to §§ 604.5.1 and 604.5.2, horizontal 42 inch and 36 inch rear wall grab bars must be provided in the toilet compartments.  None of the Hotel’s public restrooms provides compliant grab bars.
4. Pursuant to § 604.4, appropriate water closet seat height must be between 17 inches minimum and 19 inches maximum.  None of the Hotel’s public restrooms provides compliant seat heights.
5. Pursuant to § 604.2, the water closet must be located a minimum of 16 inches to a maximum 18 inches from the sidewall of the toilet compartment.  None of the Hotel’s public restrooms provides compliant toilet compartments.
6. Pursuant to §§ 308.2.1 and 308.3.1, toilet compartment coat hooks must have an unobstructed reach range within a maximum of 48 inches to a minimum of 15 inches above the floor.  None of the toilet compartments in the Hotel’s public restrooms provides compliant coat hooks.
7. Pursuant to §§ 604.8.1.2 and 404.2.7, toilet compartment doors in public restrooms must have a door pull placed on both sides of the door near the latch.  None of the toilet compartment doors in the Hotel’s public restrooms has compliant door pulls.
8. Pursuant to §§ 213.3.3 and 605.2, where there is more than one urinal provided, at least one urinal must be at an accessible height of a maximum of 17 inches above the finished floor and a minimum of 13½ inches deep measured from the outer face of the urinal rim to the back of the fixture.  None of the urinals in the Hotel’s public restrooms is compliant.
9. Pursuant to §§ 606.2, 606.3, 305.1, 305.2, 306.2 and 306.3, lavatories must not exceed 34 inches in height above the floor with 30 inches wide minimum floor space and accessible toe and knee clearances.  None of the lavatories in the Hotel’s public restrooms has compliant heights and toe and knee clearances.
10. Pursuant to §§ 606.4 and 309.1, faucets at accessible lavatories shall be operable with one hand and not require tight grasping, pinching or twisting of the wrist.  None of the faucets in the Hotel’s public restrooms is compliant.
11. Pursuant to § 603.3, mirrors located above accessible lavatories must be mounted with the bottom edge of the reflecting surface at a maximum of 40 inches above the floor.  None of the mirrors in the Hotel’s public restrooms is compliant.
12. Pursuant to §§ 308.2.1 and 308.3.1, hand towel dispensers in public restrooms and locker rooms must have an unobstructed reach range within a maximum of 48 inches to a minimum of 15 inches above the floor.  None of the hand towel dispensers in the Hotel’s public restrooms is compliant.
13. Pursuant to § 307.2, wall mounted hand towel dispensers with leading edges between 27 inches and 80 inches above the finish floor must not protrude more than four inches into the circulation path.  None of the wall mounted hand towel dispensers in the Hotel’s public restrooms is compliant.
14. Pursuant to § 703.1, signs at entrances to restrooms must comply with size, location, color, characters, proportions, braille, pictograms and international symbol of accessibility.  None of the Hotel’s public restroom signs is compliant.
15. Within 30 days of the execution of this Agreement, the Hotel shall submit architectural plans and/or drawings for the two public restrooms adjacent to the lobby of the Hotel (the “Lobby Restrooms”).  In place of the current Lobby Restrooms, the Hotel shall create two fully ADA compliant and accessible single-user public Lobby Restrooms.  The architectural plans and/or drawings shall illustrate all required compliant features.  The United States shall approve or deny such plans or drawings within 30 days of submission.  If the United States denies the plans and/or drawings, the Hotel shall have 15 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval.  Within four months of the date of the execution of this Agreement, the Hotel shall complete renovation of the Lobby Restrooms in accordance with the approved drawings and/or plans.  Upon request of the United States, the Hotel shall provide site access and/or photographs to demonstrate compliance.
16. Within 14 days of the completion of the renovation of the Lobby Restrooms, the Hotel shall place signs compliant with § 703 outside each of the three sets of public restrooms on the main floor of the Hotel.  Signs placed outside the sets of public bathrooms nearest to the ballroom and those nearest to the meeting rooms shall also comply with § 216.8 and shall direct patrons requiring accessible restrooms to the Lobby Restrooms.
17. The Hotel agrees that, should it make any alterations, as defined in 28 C.F.R. § 36.402, to either or both of the other sets of public restrooms on the main level of the Hotel, or if it makes alterations that affect or could affect the usability of or access to areas of primary function that are served by those public restroom facilities, it shall bring both of those other sets of public restrooms into compliance with the then-current Standards.

V. FITNESS CENTER AND LOCKER ROOMS

1. On the lower level of the Hotel, there are two locker rooms in the fitness center of the Hotel, divided by gender.  Each locker room contains a toilet compartment and shower stall.  Neither locker room contains accessible features in the toilet room or shower stall.
2. Within thirty (30) days of the execution of this Agreement, the Hotel shall:
   1. place signage compliant with § 703 outside each of the locker rooms and outside of the fitness center doors.  Such signage shall also comply with § 216.8 and shall direct individuals requiring an accessible restroom to the closest accessible restroom;
   2. place signage outside of the locker rooms and fitness center compliant with § 703 to inform fitness center and/or pool users with disabilities that accessible shower facilities are available free of charge and may be arranged with the front desk, if need be; and
   3. create a policy, to be distributed to all registration desk employees and all managers regarding procedures and protocols for ensuring that, upon request, individuals with mobility disabilities who are using the pool and/or fitness center and/or locker rooms are provided use of accessible shower facilities free of charge.
3. The Hotel agrees that, should it make any alterations, as defined in 28 C.F.R. § 36.402, to any of the fitness center and locker room facilities, it shall ensure that the altered fitness center and locker room facilities are readily accessible to and usable by individuals with disabilities, to the maximum extent feasible, by complying with the relevant accessibility Standards. 

VI. DESIGNATED ACCESSIBLE GUESTROOMS

In order to remedy the Hotel's violations of the Standards, the identified violations in the designated accessible guestrooms are set forth in subsections 1-3 below. A timeframe for remediating such violations is set forth in subsections 4-5 below.

1. The Hotel has 193 guest rooms on three floors. Pursuant to § 224.2, the Hotel is required to have at least eight guest rooms with mobility features, including six guest rooms without roll-in showers and two guest rooms with roll-in showers. Although the Hotel has designated the appropriate number of rooms as accessible rooms with mobility features, the designated guest rooms do not possess mobility features compliant with the Standards. The following apply to designated accessible guest rooms with mobility features:
   1. Pursuant to § 404.2.4.1, maneuvering space at doors requires a minimum of eighteen (18) inches on pull side. None of the guest rooms provided compliant maneuvering space.
   2. Pursuant to § 404.2.4.3, doors must provide a minimum 32 inches clear width when in the open position. Most of the guest rooms did not provide compliant door width clearance.
   3. Pursuant to § 304.3, bathrooms must allow for 60 inches circular or T-shaped turning space. None of the guest rooms provided compliant circular or T-shaped turning space.
   4. Pursuant to § 604.3, bathrooms must provide a minimum of 60 inches by 56 inches of maneuvering space at the water closets. None of the guest rooms provided compliant maneuvering space at the water closets.
   5. Pursuant to §§ 604.5.1 and 604.5.2, bathrooms must provide horizontal side wall grab bars that are 42 inches and rear wall grab bars that are 36 inches. None of the guest rooms provided compliant grab bars.
   6. Pursuant to § 604.4, bathrooms must provide water closet seat height between 17 inches and 19 inches. Most of the guest rooms did not provide compliant water closet seat height.
   7. Pursuant to § 604.2, bathrooms must provide water closets a minimum of 16 inches to a maximum of 18 inches from the sidewall. Most of the guest rooms did not provide compliant water closet distance from the sidewall.
   8. Pursuant to § 604.6, the flush valve of the water closet must be located on the open side of the space away from the wall in accessible guest room bathrooms. Most of the guest rooms did not provide compliant flush valves.
   9. Pursuant to §§ 608.2.2, 608.2.3 and 608.3, roll-in showers must have a 60 inches long minimum clearance, grab bars, a folding seat, controls on the wall adjacent to the seat and a shower spray unit. None of the guest rooms provided fully compliant roll-in showers.
   10. Pursuant to §§ 608.2.2, 608.2.3, 608.3 and 608.6, bathtubs must have a 60 inches long minimum clearance, grab bars, a seat, controls at the end wall, and a shower spray unit. A lavatory may be permitted at the control end of the bathtub clearance. None of the guest rooms provided fully compliant bathtubs.
   11. Pursuant to §§ 606.2, 606.3, 305.1, 306.2 and 306.3, lavatories must not exceed 34 inches in height above the floor with 30 inches wide minimum floor space and toe and knee clearances in accordance with the Standards. Most of the guest rooms did not provide compliant lavatories.
   12. Pursuant to §§ 606.4 and 309.1, faucets at lavatories must be operable with one hand and not require tight grasping, pinching or twisting of the wrist. Most of the guest rooms did not provide compliant faucets.
   13. Pursuant to § 603.3, mirrors located above lavatories must be mounted with the bottom edge of the reflecting surface at a maximum of 40 inches above the floor. Most of the guest rooms did not provide compliant mirror heights.
   14. Pursuant to §§ 811.2 and 305.1, guest rooms must provide a clear floor space for at least one of each type of storage (e.g. towel shelves). Most of the guest rooms did not provide compliant clear floor space for storage.
   15. Pursuant to §§ 308.2.1, 308.22 and 308.3.1, hair dryer controls must have an unobstructed reach range within a maximum of 48 inches above the finish floor for a forward reach over an obstruction. None of the guest rooms provided compliant hair dryer controls.
2. Pursuant to § 224.4, the Hotel is required to have at least 14 guest rooms with communication features. Communication features must comply with § 806.3. The Hotel does not have any accessible guest rooms with communication features. However, the Hotel does offer guests the use of a portable communication kit. The hotel has two portable communication kits available for guest use.
3. Pursuant to § 224.5, guest rooms required to provide accessible features must be dispersed among the various classes of guest rooms, and must provide the types of guest rooms, number of beds, and other amenities comparable to the choices provided to other guests. Not more than 10% of guest rooms with mobility features may be used to satisfy the minimum number of guest rooms providing communication features. § 224.5.
4. The Hotel shall ensure that all accessible guest rooms with mobility features are fully compliant with the Standards in accordance with the below schedule. Guest rooms with mobility features shall be dispersed among Double Queen, Standard King and Executive King rooms and shall otherwise comply with § 224.5.
   1. Within 90 days of the execution of this Agreement, the Hotel shall submit architectural plans and/or drawings for eight newly designated accessible guest rooms with mobility features. The architectural plans and/or drawings shall illustrate all required compliant features. The United States shall approve or deny such plans or drawings within 30 days of submission. If the United States denies the plans and/or drawings, the Hotel shall have 15 days to adjust such plans and/or drawings and to submit the corrected plans and/or drawings for approval.
   2. Within nine months of the execution of this Agreement, upon approval by the United States for its submitted plans and/or drawings, the Hotel shall complete renovation of two 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, the Hotel shall provide site access and/or photographs to demonstrate compliance.
   3. Within one year of the execution of this Agreement, upon approval by the United States for its submitted plans and/or drawings, the Hotel shall complete renovation of an additional two 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, the Hotel shall provide site access and/or photographs to demonstrate compliance.
   4. Within 1 ^1/2 years of the execution of this Agreement, upon approval by the United States for its submitted plans and/or drawings, the Hotel shall complete renovation of an additional two 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, the Hotel shall provide site access and/or photographs to demonstrate compliance.
   5. Within two years of the execution of this Agreement, upon approval by the United States for its submitted plans and/or drawings, the Hotel shall complete renovation of an additional two 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, the Hotel shall provide site access and/or photographs to demonstrate compliance.
5. Within one year of the execution of this Agreement, the Hotel shall ensure that seven rooms are designated as accessible rooms with communication features and are fully compliant with the Standards, including all requirements of §§ 806.3 and 702. Within two years of the execution of this Agreement, the Hotel shall ensure that an additional seven rooms are designated as accessible rooms with communication features and are fully compliant with the Standards, including all requirements of §§ 806.3 and 702. Guest rooms with communication features shall be dispersed among all classes of guest rooms and types of guest rooms, number of beds and other amenities and shall otherwise comply with § 224.5.

VII. IMPLEMENTATION AND ENFORCEMENT

1. The Hotel shall provide to the United States, every six months until full compliance with this Agreement is achieved, proof in the form of a narrative report and photos showing that the items within this Agreement that the Hotel has agreed to correct have been so corrected. The Hotel shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Hotel did not comply with the ADA or otherwise discriminated against any person on the basis of disability.
2. The Hotel 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 and the ADA.
3. The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Agreement and through any means available to the general public, including visits to the public areas of the Hotel and communication with Hotel staff in the presence of management. The United States shall have the right to inspect the facility at reasonable times upon 10 business days advance written notice to the Hotel.
4. If the United States believes that the Hotel has violated this Agreement or any of its requirements, the United States will notify the Hotel in writing and attempt to resolve the issue or issues in good faith. If the United States and the Hotel 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 District of Connecticut to enforce the terms of this Agreement, the ADA, or both.

VIII. GENERAL PROVISIONS

1. This Agreement shall be binding on the Owner and the Operator of the Hotel, and each of their agents and employees. In the event the Owner and/or Operator seeks to transfer or assign all or part of their interest in the Hotel, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale, the Owner and/or Operator shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of the Agreement.
2. In consideration for the Hotel's timely performance of all of its obligations under this Agreement, the United States agrees to discontinue the Compliance Review of the Hotel, except as provided in the Enforcement portion of this Agreement. The United States reserves the right to investigate any complaint it receives concerning the Hotel, to initiate future compliance reviews concerning the Hotel with respect to any aspect of the Hotel or its operation not expressly addressed in Parts II through VI of this Agreement, and to investigate and commence a civil action with respect to any violation of the ADA. In the event the United States receives and investigates an ADA complaint concerning the Hotel or commences any future compliance review concerning the Hotel, nothing in this Agreement shall limit the scope of any investigation or compliance review of the Hotel or preclude the United States from seeking relief beyond that required under this Agreement with respect to items not addressed in Parts II through VI of this Agreement, provided the Hotel complies with the terms of this Agreement.
3. A copy of this Agreement shall be made available to any person upon request.
4. The effective date of this Agreement is the date of the last signature on the Agreement. The term of this Agreement is three (3) years from the effective date.
5. This Agreement memorializes the commitments made by the Hotel to increase accessibility of the Hotel and the terms under which the United States has agreed to conclude this particular Compliance Review of the Hotel without further review or enforcement action. This Agreement is not intended to certify or signify, however, that the Hotel is now (or, with the actions taken pursuant to this Agreement, will be) in full compliance with the ADA, or constitute a finding by the United States of such compliance, and it may not be used in any proceeding to signify such compliance. This Agreement does not affect the Hotel's continuing responsibility and obligation to comply with all aspects of the ADA. This Agreement is not intended to reflect any legal interpretation of any provisions of the ADA by the United States, and it may not be used in any proceeding to demonstrate such legal interpretations.
6. Notwithstanding the description herein of certain conditions at the Hotel as "violations," this Agreement does not constitute an admission by the Hotel of non-compliance with any provision of the ADA.
7. The individuals signing this Agreement represent that they are authorized to bind the parties to this Agreement.
8. Failure by the United States to enforce the entire Agreement with regard to any deadline or any other provision of the Agreement shall not be construed as a waiver of its right to enforce other deadlines or provisions of the Agreement.
9. This Agreement constitutes the entire agreement between the parties relating to the resolution of the compliance review against the Hotel, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this Agreement, shall be enforceable. Any prior written or verbal agreements among the Parties are replaced and superseded by this Agreement.