1 ISABELLE KATZ PINZLER Acting Assistant Attorney General 2 Civil Rights Division 3 JOHN L. WODATCH ALYSE S.

BASS 4 THOMAS M. CONTOIS MARGARITA M. PRIETO 5 Attorneys Disability Rights Section 6 Civil Rights Division U.S. Department of Justice 7 Post Office Box 66738 Washington, D.C. 20035-6738 8 (202) 514-0196 9 Attorneys for the United States 10 JOHN BERGHOLT 11 Severson and Werson One Embarcadero Center 12 Suite 2500 San Francisco, California 94111 13 (415) 398-3344 14 Attorney for Defendant Iyer & Associates 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 UNITED STATES OF AMERICA, ) 18 ) Plaintiff, ) 19 ) ) No.: CIV-S-96 260 WBS GGH 20 v. ) ) 21 ) DAYS INNS OF AMERICA, INC, ) 22 HFS INCORPORATED, DILIP PATEL, ) IYER & ASSOCIATES, and ) 23 R.E. HUFFMAN, INC., ) ) 24 Defendants. ) ) 25 26 CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANT IYER AND ASSOCIATES

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1 A. Background 2 1. On February 8, 1996, the United States filed an action 3 to enforce title III of the Americans with Disabilities Act of 4 1990 (the "ADA"), 42 U.S.C. SS 12181 though 12189, against, among 5 others, Iyer and Associates ("Iyer"), architect for the Days Inn 6 hotel at 475 North Humboldt Street, Willows, California, ("the 7 hotel" or the "Willows Days Inn"). 8 2. On or about October 31, 1994, representatives of the 9 United States Department of Justice, Civil Rights Division, 10 ("Department"), visited and inspected the Willows Days Inn, as 11 part of an investigation of the hotel conducted pursuant to the 12 Department of Justice's authority to review the compliance of 13 entities covered by title III of the ADA, 42 U.S.C. 14 S 12188(b)(1)(A)(i). 15 3. As a result of its investigation, including its 16 inspection of the hotel, the Department identified several 17 features, elements, and spaces of the Willows Days Inn which 18 failed to comply with the ADA's Standards for Accessible Design, 19 28 C.F.R. Part 36, Appendix A ("the Standards"). A list of those 20 features, elements, and spaces of the hotel is attached hereto as 21 Exhibit 1. 22 4. In an effort to resolve this matter, plaintiff United 23 States and defendant Iyer have negotiated this agreement, to be 24 submitted to the Court as a jointly proposed Consent Order and 25 Final Judgment As to Defendant Iyer. 26 5. This agreement represents good faith efforts to settle 27 disputed claims. It does not contain and does not constitute any 28 -201-01128

1 admission by Iyer that it has violated the ADA or any other law 2 or legal obligation. 3 4 B. Agreement of the Parties 5 Accordingly, by consent of plaintiff United States and 6 defendant Iyer, it is hereby ORDERED and DECREED that: 7 1. This Court has jurisdiction of this action under 8 42 U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345 9 The Court may grant declaratory and other relief pursuant to 28 10 U.S.C. SS 2201 and 2202. 11 2. Venue is proper in this district. 12 3. The Willows Days Inn is a non-residential facility 13 whose operations affect commerce. As such, it is a commercial 14 facility within the meaning of section 303(a) of the ADA. 42 15 U.S.C. S 12183(a). In addition, because the Willows Days Inn is 16 a place of lodging, it is also a public accommodation within the 17 meaning of section 303(a) of the ADA. Id. 18 4. The last building permit for the Willows Days Inn was 19 applied for on or about March 2, 1993. 20 5. The first certificate of occupancy for the Willows Days 21 Inn was issued on or about September 30, 1993. 22 6. Defendant Iyer is a private entity engaged in the 23 business of providing architectural services. 24 7. Defendant Iyer shall pay to the United States a civil 25 penalty in the amount of $18,000.00, in three equal payments of 26 $6,000.00. The first of these payments shall be due 30 days 27 after the date of this order; the second payment shall be due

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1 180 days after the date of this order; and the third payment 2 shall be due one year after the date of this order. Each payment 3 shall be tendered to counsel for the United States. 4 8. The Court shall retain jurisdiction of this action to 5 enforce the provisions of this order through June 1, 1998, after 6 which time all of its provisions shall be terminated, unless the 7 Court determines that it is necessary to extend any of its 8 requirements, in which case those requirements shall be extended. 9 9. This agreement does not address, and shall not be 10 construed to address any issues of ADA compliance at the Willows 11 Days Inn not identified in Exhibit 1 hereto, or any issues of ADA 12 compliance at any other commercial facility or public accommoda13 tion designed defendant Iyer, or any other violations of federal 14 law. 15 10. This instrument reflects the entire agreement between 16 the parties. 17

18 SO ORDERED this 25th day of February, 1997. 19 20 United States District Judge 21 22 23 24 25 26 27 28 -401-01130

1 AGREED AND CONSENTED TO: 2 For Plaintiff United States of America: 3 4 ALYSE S. BASS 5 THOMAS M. CONTOIS MARGARITA M. PRIETO 6 Attorneys

Disability Rights Section 7 Civil Rights Division U.S. Department of Justice 8 Post Office Box 66738 Washington, D.C. 20035-6738 9 (202) 514-0196 10 11 For Defendant Iyer and Associates: 12 13 JOHN BERGHOLT Severson and Werson 14 One Embarcadero Center Suite 2500 15 San Francisco, California 94111 (415) 398-3344 16 17 18 19 20 21 22 23 24 25 26 27 28 -501-01131

dmb United States District Court for the Eastern District of California February 26, 1997 * * CERTIFICATE OF SERVICE * * 2:96-cv-00260 USA v. Days Inns of Amer I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Eastern District of California. That on February 26, 1997, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Margarita M Prieto CO/WBS United States Department of Justice Civil Rights Division VC/GGH Disability Rights Section P O Box 66738 Washington, DC 20035-6738 Thomas Sutton Knox Knox Lemmon and Anapolsky 300 Capitol Mall Suite 1170 Sacramento, CA 95814 William L Killion NOT ED-CA ADMITTED Gray Plant Mooty Mooty and Bennett 3400 City Center 33 South Sixth Street Minneapolis, MN 55402 Jack L. Wagner, Clerk BY: 01-01132