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1 JANET RENO Attorney General 2 DEVAL L. PATRICK 3 Assistant Attorney General Civil Rights Division 4 JOHN L.

WODATCH, Chief 5 Disability Rights Section Civil Rights Division 6 ALYSE S. BASS 7 THOMAS M. CONTOIS Attorneys 8 Disability Rights Section Civil Rights Division 9 U.S. Department of Justice Post Office Box 66738 10 Washington, D.C. 20035-6738 (202) 616-9511 11 For United States of America 12 KEN BAKER 13 Attorney for Dilip Patel 40 Constitution Drive, Suite D 14 Chico, California 95973 (916) 898-1488 15 For Defendant Dilip Patel 16 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 18 19 UNITED STATES OF AMERICA, ) ) 20 Plaintiff, ) ) 21 ) No.: CIV-S-96 260 WBS GGH v. ) 22 ) ) CONSENT ORDER AND FINAL 23 DAYS INNS OF AMERICA, INC, ) JUDGMENT DISMISSING HOSPITALITY FRANCHISE ) CLAIMS OF THE UNITED 24 SYSTEMS, INC., ) STATES AGAINST DILIP

DILIP PATEL, ) PATEL 25 IYER & ASSOCIATES, and ) R.E. HUFFMAN, INC., ) 26 ) Defendants. ) 27 ) 28 -101-01133 1 CONSENT ORDER AND FINAL JUDGMENT DISMISSING CLAIMS 2 OF THE UNITED STATES AGAINST DEFENDANT DILIP PATEL 3 4 A. Background 5 1. On February 8, 1996, the United States filed an action 6 to enforce title III of the Americans with Disabilities Act of 7 1990 (the "ADA"), 42 U.S.C. SS 12181 through 12189, against, 8 among others, Dilip Patel, ("Patel"), the owner of a Days Inn 9 hotel at 475 North Humboldt, Willows, California, ("the hotel" or 10 the "Willows Days Inn"). 11 2. On or about October 31, 1994, representatives of the 12 United States Department of Justice, Civil Rights Division, 13 ("Department"), visited and inspected the Willows Days Inn, as 14 part of an investigation of the hotel conducted pursuant to the 15 Department of Justice's authority to review the compliance of 16 entities covered by title III of the ADA, 42 U.S.C. 17 S 12188(b)(1)(A)(i). 18 3. As a result of its investigation, including its 19 inspection of the hotel, the Department identified several 20 features, elements, and spaces of the Willows Days Inn which 21 failed to comply with the ADA's Standards for Accessible Design, 22 28 C.F.R. Part 36, Appendix A ("the Standards"). A list of the 23 features, elements, and spaces of the hotel which did not comply 24 with the Standards is attached hereto as Exhibit 1. 25 4. In an effort to resolve their differences 26 expeditiously, plaintiff United States and defendant Patel have 27 engaged in good faith negotiations. As a result of those 28 -201-01134

1 negotiations, those parties have agreed to enter into this 2 jointly proposed Consent Order and Final Judgment Dismissing 3 Claims of the United States Against Defendant Dilip Patel. 4 5. As specified below, defendant Patel has agreed to 5 remedy the violations of the Standards set out in Exhibit 1. 6 B. Agreement of the Parties 7 Accordingly, by consent of plaintiff United States and 8 defendant Patel, it is hereby ORDERED and DECREED that: 9 1. This Court has jurisdiction of this action under 10 42 U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345. 11 The Court may grant declaratory and other relief pursuant to 28 12 U.S.C. SS 2201 and 2202. 13 2. Venue is proper in this district. 14 3. The Willows Days Inn is a non-residential facility 15 whose operations affect commerce. As such, it is a commercial 16 facility within the meaning of section 303(a) of the ADA. 42 17 U.S.C. S 12183(a). In addition, because the Willows Days Inn is 18 a place of lodging, it is also a public accommodation within the 19 meaning of section 303(a) of the ADA. Id. 20 4. The last building permit for the Willows Days Inn was 21 applied for on or about March 2, 1993. 22 5. The first certificate of occupancy for the Willows Days 23 Inn was issued on or about September 30, 1993. 24 6. Defendant Patel is an individual who owns the Willows 25 Days Inn. Defendant Patel, acting as one of two shareholders in 26 a corporation, "HK and Family Inc., Days Inn," which formerly 27 owned the Willows Days Inn, initiated, contracted for, or

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1 participated in all aspects of the design and construction of the 2 hotel. 3 7. The Willows Days Inn is not readily accessible to or 4 usable by individuals with disabilities, as required by section 5 303(a)(1) of the ADA, 42 U.S.C. S 12183(a)(1). The hotel fails 6 in numerous respects to comply with the Department's regulation 7 implementing title III of the ADA, 28 C.F.R. Part 36, including 8 the Standards for Accessible Design. See 28 C.F.R. SS 36.401, 9 36.406. 10 8. The failures of defendant Patel to design and construct 11 the Willows Days Inn to be readily accessible to and usable by 12 individuals with disabilities constitute a pattern or practice of 13 discrimination within the meaning of 42 U.S.C. 14 S 12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a). 15 9. The failures of defendant Patel to design and construct 16 the Willows Days Inn to be readily accessible to and usable by 17 individuals with disabilities constitute unlawful discrimination

18 that raises an issue of general public importance within the 19 meaning of 42 U.S.C. S 12188(b)(1)(B)(ii) and 28 C.F.R. 20 S 36.503(b). 21 10. Not later than October 1, 1997, defendant Patel will 22 remedy the failures to comply with the Standards. The specific 23 actions to be taken, and, where appropriate, the architectural 24 plans to be followed, by the defendant to remedy the failures to 25 comply with the Standards identified in Exhibit 1 are set forth 26 in Exhibit 2. 27 28 -401-01136

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11. Not later than November 1, 1997, defendant Patel shall provide to counsel for the United States a report on the status of their compliance with this order. The report shall indicate which steps specified in Exhibit 2 have been completed. If any steps have not been completed, the report shall so indicate and explain why such steps have not been completed. 12. The parties shall negotiate in good faith to resolve

8 any dispute relating to the interpretation or implementation of 9 this order before bringing the matter to the Court's attention. 10 13. The Court shall retain jurisdiction of this action to 11 enforce the provisions of this order through November 1, 1998, 12 after which time all of its provisions shall be terminated, 13 unless the Court determines that it is necessary to extend any of 14 its requirements, in which case those requirements shall be 15 extended. 16 14. This agreement shall govern the compliance of defendant 17 Patel with the ADA's Standards for Accessible Design at the 18 Willows Days Inn. This agreement does not address, and shall not 19 be construed to address, any other issues of ADA compliance at 20 the Willows Days Inn, or at any other commercial facility or 21 place of public accommodation designed and constructed by 22 defendant Patel; or owned, operated, leased, or leased to the 23 defendant, or any other violations of federal law. 24 15. Defendant Patel shall comply with the ADA Standards in 25 any future involvement in the design and construction of a public 26 accommodation or commercial facility. 27 28 -501-01137

16. This instrument reflects the entire agreement between the parties. SO ORDERED this 13th day of May, 1996. United States District Judge AGREED AND CONSENTED TO: For Plaintiff United States of America: ALYSE S. BASS TOM CONTOIS Attorneys Disability Rights Section Civil Rights Division U.S. Department of Justice Post Office Box 66738 Washington, D.C. 20035-6738 (202) 616-9511 For Defendant Dilip Patel Mr. KEN BAKER Attorney for Dilip Patel 40 Constitution Drive, Suite D Chico, California 95973 (916) 898-1488 -601-01138

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EXHIBIT 1 Failures of the Willows Days Inn to comply with the ADA's Standards for Accessible Design as identified by the U.S. Department of Justice Parking and passenger loading zone violations a. There are no accessible parking spaces. There are 56 spaces in the lot; the Standards require three accessible spaces, including at least one van accessible space. Standards S 4.1.2(5). While two spaces are designated accessible, neither complies with the requirements of the Standards, as specified in items 1.b. and c., below. b. Neither of the spaces designated accessible is on the shortest accessible route to the guest rooms designated accessible. Standards S 4.6.2. c. One of the spaces designated accessible is not flat and level. Standards S 4.6.3.

There is no van accessible parking space. Neither of the spaces designated accessible has an access aisle 96" wide, and neither has a sign designating it as "van 14 accessible." Standards SS 4.1.2(5), 4.6.4(a). 15 e. The passenger loading zone at the front entrance to the hotel lobby does not have a demarcated access aisle. 16 Standards S 4.6.6. 17 2. Exterior route violations 18 a. There is no accessible route connecting the swimming pool to the rooms designated accessible. Standards 19 SS 4.1.2(2), 4.3. 20 3. Violations at exterior and interior stairs and areas of rescue assistance 21 a. Nosings on all the exterior stairs project beyond the 13

d.

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b.

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maximum permitted by Standards. Standards S 4.9.3. The design of the stairways at the rear of the hotel reduces vertical clearance adjacent to an accessible route to less than 80", but no barrier to warn blind or visually-impaired persons is provided. Standards S 4.4.2. -1-

1 4. Front lobby violations 2 a. The registration desk is too high. Standards S 7.2. 3 b. There is no visual alarm in the lobby. Standards S 4.28.1. 4 5. Public and common use toilet room violations 5 a. The toilet in the lobby restroom is too far from the side 6 wall. Standards S 4.16.2. 7 b. The grab bar on the side of the toilet in the lobby restroom does not extend far enough from the rear wall. 8 Standards S 4.16.4. 9 c. The lavatory in the lobby restroom does not provide adequate knee clearance. Standards S 4.19.2. 10 d. The hot water and drain pipes under the lavatory are not 11 insulated or otherwise configured to protect against contact. Standards S 4.19.4. 12 6. Violations with respect to guest rooms generally 13 a. The signs for the guest rooms are not mounted on the wall 14 adjacent to the doors. Standards S 4.30.6. 15 b. The guest rooms designated accessible are not dispersed

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among the various classes of sleeping accommodations available to patrons of the hotel, as specified below. Standards S 9.1.4. i) Both of the guest rooms designated accessible have one king-sized bed. The hotel has other guest rooms with one queen-sized bed, or two queen-sized beds, or two full-sized beds, but none of these rooms is accessible. ii) c. At least one guest room has a whirlpool tub. This room is not accessible.

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There are no rooms with notification devices. Standards SS 9.1.2, 9.1.3, 9.3. d. The bathroom doors in the rooms not designated accessible are too narrow. Standards SS 4.13.5, 9.4.

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1 7. Violations with respect to guest rooms designated accessible -- Rooms 109 and 111 2 a. The threshold at the doorways of guest rooms 109 and 111 3 are too high. Standards S 4.13.8. 4 b. The operating controls for the drapes and for the wallmounted hair dryers at the vanity in guest rooms 109 and 5 111 are too high. Standards S 4.27.3. 6 c. The operating controls for the bedside lamps and heating and cooling units in guest rooms 109 and 111 require 7 tight grasping, pinching or twisting of the wrist. Standards S 4.27.4. 8 d. The clothes racks and shelves in guest rooms 109 and 111 9 are too high. Standards S 4.25.3.

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e.

The towel racks the lavatories in guest rooms 109 and 111 are too high. Standards S 4.25.3. The bathroom doors in guest rooms 109 and 111 swing into the clear floor space required at the lavatories. Standards S 4.23.2.

There is no unobstructed turning space in the bathrooms in guest rooms 109 and 111. Standards S 4.23.3. h. The toilets in the bathrooms in guest rooms 109 and 111 are too close to the side wall. Standards S 4.16.2. There is inadequate clear floor space at the toilets in guest rooms 109 and 111. Standards S 4.16.2. j. The bathtubs in guest rooms 109 and 111 have no tub seats. Standards S 4.20.3. The controls for the bathtubs in guest rooms 113 and 115 are improperly located. Standards S 4.20.5. l. There is inadequate knee clearance at the lavatories in guest rooms 109 and 111. Standards S 4.19.2. There is inadequate maneuvering space on one side of the bed in guest room 111. Standards S 9.2.2(1). n. There is no accessible route to, and inadequate clear floor space at the operating mechanism for the heating and cooling unit in guest room 111. Standards SS 9.2.2 (2), 9.2.2(5).

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1 EXHIBIT 2 2 3 4 Actions to be taken by Dilip Patel to remedy failures to comply with the ADA's Standards for Accessible Design, ("Standards"), as set out in Exhibit 1

5 1. Parking and passenger loading zone violations will be remedied consistent with the Standards and as shown and 6 noted on "Site Plan," Drawing 1, dated 4-17-96.1 7 a. Three accessible parking spaces, including at least one accessible space, with access aisles will be provided 8 consistent with the Standards, S 4.1.2(5). 9 b. A new accessible parking space will be located on the shortest accessible route to the guest rooms designated 10 accessible consistent with Standards, S 4.6.2. 11 c. All of the accessible parking spaces will have a slope which does not exceed that allowed by the Standards, S 12 4.6.3. 13 d. A van accessible parking space will be provided with an access aisle 96 inches wide and signage consistent with 14 the Standards, SS 4.1.2(5), 4.6.4(a). 15 e. A demarcated access aisle will be provided at the passenger loading zone at the front entrance to the 16 hotel lobby consistent with the Standards, S 4.6.6. 17 2. Exterior route violations will be remedied consistent with the Standards and as shown and noted on "Site Plan," Drawing 18 1, and "Revised First Floor Plan", Drawing 2, dated 4-17-96. 19 a. An accessible route will be provided from the pool to the accessible rooms consistent with the Standards, S 20 4.1.2(2), 4.3. 21 3. Violations at exterior and interior stairs will be remedied consistent with the Standards and as shown and noted on 22 "Site Plan," Drawing 1, and "Revised First Floor Plan," Drawing 2. 23 a. Nosings on exterior stairs will be modified so that 24 they do not exceed maximum allowable dimensions consistent with the Standards, S 4.9.3. 25 26 27 1 In the event of a conflict between the Revised Plans and 28 the Standards for Accessible Design, the Standards will control. 01-01142

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Barriers to warn blind or visually impaired persons will be provided at the underside of the existing 2 stairs consistent with the Standards, S 4.4.2. 3 4. Front lobby violations will be modified consistent with the Standards and as shown and noted on Drawing 3. 4 a. An additional counter will be installed in the lobby at 5 a maximum height consistent with the Standards, S 7.2. 6 b. A visual alarm connected to the existing alarm system will be installed in the lobby and in the lobby 7 restroom consistent with the Standards, S 4.28.1. 8 5. Public and common use toilet room violations will be modified consistent with the Standards and as shown and 9 noted on Drawing 3. 10 a. The toilet will be repositioned to 18 inches from the sidewall to the center consistent with the Standards, 11 S 4.16.2. 12 b. A grab bar will be repositioned consistent with appropriate height and length requirements in the 13 Standards, S 4.19.2. 14 c. The lavatory will be repositioned to provide adequate knee clearance consistent with the Standards, S 4.19.4. 15 d. Insulation will be installed around the drain and hot 16 water pipes consistent with the Standards, S 4.19.4. 17 e. A restroom sign in braille and with raised characters will be mounted to the side of the 18 lobby toilet room consistent with the Standards, SS 4.30.4, 4.30.6. 19 6. Violations with respect to guest rooms generally will 20 be remedied consistent with the Standards and as shown and noted on Drawings 2 & 3. 21 a. Guest room signs in braille and with raised lettering 22 will be re-mounted to the side of the door consistent with the Standards, SS 4.30.4, 4.30.6. 23 b. Guest rooms will satisfy dispersal requirements of the 24 Standards S 9.1.4. 25 i. Guest rooms designated accessible will be

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reconfigured to provide guests with disabilities with the same range of options available to other guests consistent with the Standards, S 9.1.4. -2-

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ii.

The whirlpool tub will be removed or the whirlpool function will be rendered inoperable unless the room is made accessible in accord with the Standards, or unless a tub with whirlpool functions is added to one of the accessible rooms and made available to an individual with a disability at the standard room rate unless such individuals specifically request a whirlpool tub.

The two accessible rooms will meet the requirements of the Standards, S 9.3, for individuals who are deaf or hard of hearing. In addition, two other rooms will be accessible to individuals who are deaf or hard of hearing by portable devices made available, upon request, at the front desk and appropriate hardwiring in the guest rooms to enable the use of these devices. These features will include volume controls on permanently installed telephones, visual components to the in-room smoke alarms, visual notification devices that are triggered when the building-wide alarm system is triggered, notification devices for door knock and telephone bells and an accessible electrical outlet within four feet of the telephone connection for use by individuals who carry portable TDD devices. All modifications will be consistent with the Standards, S S 4.28.4, 9.1.3, and 9.3. The bathroom doors in all first floor guest rooms will be modified to have a clear opening width of no less than 32 inches consistent with the Standards, S S 4.13.5, 9.4.

17 7. Violations with respect to guest rooms designated accessible -- Rooms 109 and 111 will be remedied consistent with the 18 Standards and as shown and noted on "Revised First Floor Plan", Drawing 2, and "Accessible Guest Units," Drawing 3. 19 a. The thresholds for the doorways to Rooms 109 and 111 20 will have a height of no more than 1/2 inch consistent with the Standards, S 4.13.8. 21 b. Wall-mounted hair dryers in guest rooms 109 and 111 22 will be remounted and drapery control rods will be lengthened, consistent with the Standards, S 4.27.3. 23 c. Lamp and HVAC controls in guest rooms 109 and 111 will 24 be replaced with accessible controls consistent with the Standards, S 4.27.4. 25 d. The clothes racks and shelves in guest rooms 109 and 26 111 will be lowered consistent with Standards, S 4.25.3. 27 28 -301-01144 1 e. Towel racks in guest rooms 109 and 111 will be repositioned consistent with the Standards, S 4.25.3. 2 f. The bathroom doors in guest rooms 109 and 111 will 3 be removed and new doors will be installed between the lavatory areas and the sleeping areas to 4 ensure adequate clear floor space at the lavatories consistent with the Standards, 5 S 4.23.2. 6 g. The bathroom doors in guest rooms 109 and 111 will be removed and new doors will be installed between the 7 lavatory areas and the sleeping areas to ensure an unobstructed turning area in the bathroom consistent 8 with the Standards, S 4.23.3. 9 h. The toilets in guest rooms 109 and 111 will be repositioned consistent with the Standards, S 4.16.2. 10 i. The toilets in guest rooms 109 and 111 shall have 11 required clear floor space consistent with the Standards, S S 4.23.2, 4.16.2. 12 j. Removable seats will be placed in the bathtubs in guest

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rooms 109 and 111 consistent with the Standards S 4.20.3. Operating controls for the bathtubs in guest rooms 109 and 111 will be relocated consistent with Standards, S 4.20.5. Lavatories in guest rooms 109 and 111 will be modified consistent with Standards, S 4.19.2. m. Furniture in Room 111 will be reconfigured to provide adequate maneuvering space consistent with Standards, 19 S 9.2.2. n. Furniture in Room 111 will be reconfigured to provide clear floor space at the operating mechanism for the heating and cooling unit in guest room 111 consistent with the Standards, S S 9.2.2(2), 9.2.2(5).

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