IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY PIKEVILLE DIVISION UNITED STATES OF AMERICA

, ) ) Plaintiff, ) ) v. ) ) ) Civil Action No.: 96-26 DAYS INNS OF AMERICA, INC., ) HOSPITALITY FRANCHISE ) SYSTEMS, INC., HAZARD ) MANAGEMENT GROUP, INC., ) J. DOUGLAS KIDD, and ) NAPIER & SEBASTIAN CONSTRUCTION, ) ) ) Defendants. ) ) CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTS HAZARD MANAGEMENT GROUP, INC., J. DOUGLAS KIDD, AND NAPIER & SEBASTIAN CONSTRUCTION A. Background 1. On February 8, 1996, the United States filed an action to enforce title III of the Americans with Disabilities Act of 1990 (the "ADA" or the "Act"), 42 U.S.C. SS 12181 through 12189, against Hazard Management Group, Inc., the owner of a Days Inn hotel at 359 Morton Boulevard in Hazard, Kentucky, ("the hotel" or the "Hazard Days Inn"), J. Douglas Kidd, the architect of and for the Days Inn Hotel in Hazard, and Napier & Sebastian Construction, the general contractor for the Hazard Days Inn. 2. On or about September 26, 1994, representatives of the United States Department of Justice visited and inspected the Hazard Days Inn, as part of an investigation of the hotel conducted pursuant to the Department of Justice's authority to 01-01406

review the compliance of entities covered by title III of the ADA, 42 U.S.C. S 12188(b)(1)(A)(i). 3. As a result of its investigation, including its inspection of the hotel, the Department of Justice identified several features, elements, and spaces of the Hazard Days Inn which failed to comply with the ADA's Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). A list of features, elements, and spaces of the hotel which did not comply with the Standards is attached hereto as Exhibit 1. 4. In an effort to resolve their differences expeditiously, plaintiff United States and defendants Hazard Management Group ("HMG"), J. Douglas Kidd ("Kidd"), and Napier & Sebastian Construction ("Napier"), have engaged in good faith negotiations. As a result of those negotiations, those parties have agreed to enter into this jointly proposed Consent Order and Final Judgment as to Defendants Hazard Management Group, Inc., J. Douglas Kidd, and Napier & Sebastian Construction. 5. As specified below, defendants HMG, Kidd, and Napier have agreed to remedy each of the violations of the Standards set out in Exhibit 1. B. Agreement of the Parties Accordingly, by consent of plaintiff United States and defendants HMG, Kidd, and Napier, it is hereby ORDERED and ADJUDGED that: -201-01407

1. This court has jurisdiction of this action under 42 U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345. The court may grant declaratory and other relief pursuant to 28 U.S.C. SS 2201 and 2202. 2. Venue is proper in this district. 3. The Hazard Days Inn is a non-residential facility whose operations affect commerce. As such, it is a commercial facility within the meaning of section 303(a) of the Act. 42 U.S.C. S 12183(a). In addition, because the Hazard Days Inn is a place of lodging, it is also a public accommodation within the meaning of section 303(a) of the Act. Id. 4. The last building permit for the Hazard Days Inn was applied for on or about April 28, 1993. 5. The first Certificate of Occupancy for the Hazard Days Inn was issued on or about January 3, 1994. 6. Defendant Hazard Management Group, Inc. ("HMG"), is a private entity which owns the Hazard Days Inn. Defendant HMG initiated, contracted for, or participated in all aspects of the design and construction of the hotel. 7. Defendant J. Douglas Kidd ("Kidd"), is a private entity engaged in the business of providing architectural and design specification services. Kidd participated in the design and construction of the Hazard Days Inn by designing the hotel. 8. Defendant Napier & Sebastian Construction ("Napier"), is a private entity engaged in the business of providing general -3-

01-01408

contracting services. Napier participated in the design and construction of the Hazard Days Inn by constructing the hotel. 9. The Hazard Days Inn is not readily accessible to or usable by individuals with disabilities, as required by section 303(a)(1) of the Act, 42 U.S.C. S 12183(a)(1). The hotel fails in numerous respects to comply with the Department of Justice's regulation implementing title III of the ADA, 28 C.F.R. Part 36, ("the regulation"), including the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28 C.F.R. SS 36.401, 36.406. A list of features, elements, and spaces of the hotel which do not comply with the Standards is attached hereto as Exhibit 1. 10. The failures of defendants HMG, Kidd, and Napier to design and construct the Hazard Days Inn to be readily accessible to and usable by individuals with disabilities constitute a pattern or practice of discrimination within the meaning of 42 U.S.C. S 12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a).

11. The failures of defendants HMG, Kidd, and Napier to design and construct the Hazard Days Inn to be readily accessible to and usable by individuals with disabilities constitute unlawful discrimination that raises an issue of general public importance within the meaning of 42 U.S.C. S 12188(b)(1)(B)(ii) and 28 C.F.R. S 36.503(b). 12. Not later than April 1, 1997, defendants HMG, Kidd, and Napier will remedy each and every failure to comply with the Standards identified in Exhibit 1. Set forth in Exhibit 2 are -401-01409

the specific actions to be taken, and, where appropriate, the architectural plans to be followed by the defendants to remedy the failures to comply with the Standards identified in Exhibit 1. The actions specified in Exhibit 2 are numbered to correspond to the violations identified in Exhibit 1. 13. Not later than June 1, 1997, defendants HMG, Kidd, and Napier 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. 14. The parties hereto shall negotiate in good faith to resolve any dispute relating to the interpretation or implementation of this order before bringing the matter to the Court's attention. 15. The Court shall retain jurisdiction of this action to enforce the provisions of this order through December 31, 1999, after which time all of its provisions shall be terminated, unless the Court determines it is necessary to extend any of its requirements, in which case those requirements shall be extended. 16. This agreement relates solely to the facts and events alleged in the United States' complaint and shall govern the compliance of defendants HMG, Kidd, and Napier with the ADA's Standards for Accessible Design at the Hazard Days Inn. This agreement does not address, and shall not be construed to address, any other issues of ADA compliance at the Hazard Days -501-01410

Inn, or at any other commercial facility or place of public accommodation designed and constructed by defendants HMG, Kidd or Napier, or any other violations of federal law. 17. This instrument reflects the entire agreement between the parties hereto. SO ORDERED this 6th day of May, 1996. United States District Judge -601-01411

Agreed and Consented to: For Plaintiff United States of America: THOMAS M. CONTOIS ALYSE S. BASS KEN S. NAKATA Attorneys Disability Rights Section Civil Rights Section U.S. Department of Justice Post Office Box 66738 Washington, D.C. 20035-6738 (202) 514-6014 (202) 616-9511 (202) 307-2322 For Defendant Hazard Management Group, Inc.: WILGUS J. NAPIER, Vice President Hazard Management Group, Inc. 359 Morton Boulevard Hazard, Kentucky 41701 (606) 436-4777 For Defendant J. Douglas Kidd: J. DOUGLAS KIDD 956 Jane Drive Xenia, Ohio 45385 (513) 372-4367 For Defendant Napier & Sebastian Construction: WILGUS J. NAPIER, Partner Napier & Sebastian Construction 951 Amlin Drive Xenia, Ohio 45385 (513) 372-9453 01-01412

EXHIBIT 1 Failures to comply with the ADA's Standards for Accessible Design identified by the U.S. Department of Justice at the Hazard Days Inn 1. Parking and passenger loading zone violations a. There are too few accessible parking spaces. There are 68 spaces in the lot; the Standards require three accessible spaces, including at least one van accessible space. Standards S 4.1.2(5). While three spaces are designated accessible, one of them does not comply with the requirements of the Standards, as specified in item 1.b., below. b. One of the three spaces designated accessible does not have an access aisle, and does not adjoin an accessible route to either the main lobby entrance or the entrances to the accessible guest rooms. Standards S 4.6.3. c. None of the spaces designated accessible has a sign designating it "van accessible." Standards SS 4.1.2(5), 4.6.4. d. There is inadequate vertical clearance at the passenger loading zone. Standards S 4.6.5. e. The passenger loading zone at the front entrance to the hotel lobby does not have a demarcated access aisle,

and there is no curb ramp at the curb adjacent to the passenger loading zone. Standards S 4.6.6. 2. Exterior route violations a. The curb ramps from the parking lot to the walkways on either side of the building are too steep, and have side flares that are too steep. Standards SS 4.7.2, 4.7.5. b. Several objects along the hotel's exterior walkways protrude more than 4" into the walkways, including the fire extinguisher cabinets and an electrical service box. Standards S 4.4.1. c. The doors to various electrical, mechanical, and storage rooms on the first and second floors have hardware that requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. 01-01413

d. 3.

4.

There is inadequate maneuvering clearance on the pull side of the exterior door to the vending machine room. Standards S 4.13.6. Violations at exterior stairs a. The handrails on each of the hotel's stairways are not continuous on their inside run, do not have adequate horizontal extensions at the top and bottom risers, and are mounted at the wrong height. Standards S 4.9.4. b. The design of the exterior stairways 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. Entrance and exit violations a. The exterior entrances to the hotel laundry have doors that have hardware that requires tight grasping,

pinching, or twisting of the wrist. Standards S 4.13.9. b. The exterior entrance to the conference room has a threshold that is too high, and has hardware that requires tight grasping, pinching, or twisting of the wrist. Standards SS 4.1.3(8), 4.13.8, 4.13.9. 5. Front lobby violations a. The registration desk is too high. Standards S 7.2. b. There is no visual alarm in the lobby. Standards S 4.28.1. 6. Interior route violations a. The gate to the area behind the registration desk is too narrow, and has inadequate maneuvering clearance on the pull side. Standards SS 4.13.5, 4.13.6. EXHIBIT 1 Page 2 01-01404

b. c.

The door from the lobby area to the conference room has hardware that requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. The door from the lobby area to the hotel laundry has hardware that requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9.

The door from the lobby area to the linen storage area has hardware that requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. 7. Public and common use toilet room violations a. The sign for the lobby restroom does not have raised and Braille characters, and is not mounted on the wall adjacent to the door of the restroom. Standards SS 4.30.4, 4.30.6. b. The door to the lobby restroom swings into the clear floor space required at both the toilet and the lavatory. Standards SS 4.22.2, 4.22.3. c. There is no unobstructed turning space in the lobby restroom. Standards S 4.22.3. d. The toilet in the lobby restroom is too close to the side wall. Standards S 4.16.2. e. The angled support for the lavatory in the lobby restroom encroaches into the clear floor space required at the toilet. Standards S 4.16.2. f. The toilet in the lobby restroom is too low. Standards S 4.16.3. g. The toilet in the lobby restroom does not have grab bars. Standards S 4.16.4. h. The lavatory in the lobby restroom does not provide adequate knee clearance. Standards S 4.19.2. i. The lavatory in the lobby restroom has hardware that requires tight grasping, pinching, or twisting of the wrist. Standards SS 4.19.5, 4.27.4. EXHIBIT 1 Page 3 01-01405

d.

The hot water and drain pipes under the lavatory in the lobby restroom are not insulated or otherwise configured to protect against contact. Standards S 4.19.4. k. The paper towel dispenser in the lobby restroom is too high. Standards S 4.27.3. l. There is no unobstructed turning space in the bathroom adjoining the conference room. Standards S 4.23.3. m. The angled support for the lavatory in the bathroom adjoining the conference room encroaches into the clear floor space required at the toilet. Standards S 4.16.2. n. The grab bars for the toilet in the bathroom adjoining the conference room are too short. Standards S 4.16.4. o. The lavatory in the bathroom adjoining the conference room does not provide adequate knee clearance. Standards S 4.19.2. p. The paper towel dispenser in the bathroom adjoining the conference room is too high. Standards S 4.27.3. q. There is no seat for the bathtub in the bathroom adjoining the conference room. Standards S 4.20.3. r. The grab bars in the bathtub in the bathroom adjoining the conference room are too short. Standards S 4.20.4. s. The controls for the bathtub in the bathroom adjoining the conference room are improperly located. Standards S 4.20.5. t. The bathtub in the bathroom adjoining the conference room does not have a shower spray unit that can be used both as a fixed shower head and as a hand-held shower. Standards S 4.20.6. 8. Violations in public and common use rooms and spaces a. There are no visual alarms in several public and common use rooms and spaces, including the conference room, the lobby restroom, the bathroom adjoining the EXHIBIT 1 Page 4 01-01406

j.

9.

conference room, the vending machine room, and the hotel laundry room. Standards S 4.28.1. Violations with respect to guest rooms generally a. The guest room number signs do not have raised and Braille characters, and are not mounted on the wall adjacent to the door for each guest room. Standards SS 4.30.4, 4.30.6. b. There are an inadequate number of accessible guest rooms. The hotel has 60 guest rooms and suites; the Standards require three accessible guest rooms, and a fourth guest room with a roll-in shower. The hotel has three guest rooms designated accessible; none has a roll-in shower. Standards S 9.1.2. c. The guest rooms designated accessible are not dispersed among the various classes of sleeping accommodations available to patrons of the hotel, as specified below. Standards S 9.1.4. i) Each of the three guest rooms designated accessible has only one bed. The hotel has at least 34 rooms with two beds, but none of those rooms is accessible. ii) The hotel has several suites with whirpool tubs, but none of these suites is accessible. iii) The hotel has at least three rooms with microwave ovens and refrigerators, but none of these rooms is accessible. d. The hotel has too few rooms with visual alarms and notification devices. The Standards require a hotel with 60 rooms to have seven rooms with visual alarms and notification devices. The hotel has visual alarms in three rooms, and does not have any rooms with notification devices. Standards SS 9.1.2, 9.1.3, 9.3.

The doors to the bathrooms in the guest rooms not designated accessible are too narrow. Standards SS 4.13.5, 9.4. EXHIBIT 1 Page 5 01-01407

e.

10. Violations with respect to guest rooms designated accessible -- Rooms 101, 102, and 116 a. The deadbolts on the doors to guest rooms 101, 102, and 116 require tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. b. There is no accessible route in guest rooms 101, 102, and 116, because there is inadequate clear width between the foot of the bed and the credenza opposite. Standards S 9.2.2(2). c. The operating controls for the lamps and air conditioners in guest rooms 101, 102, and 116 require tight grasping, pinching, or twisting of the wrist. Standards S 4.27.4. d. The clothes rods and shelves in guest rooms 101, 102, and 116 are too high, and protrude more than 4" from the wall. Standards SS 4.4.1, 4.25.3. e. The towel racks above the toilets in the bathrooms in guest rooms 101, 102, and 116 do not have adequate clear floor space. Standards S 4.25.2. f. The toilets in the bathrooms in guest rooms 101, 102, and 116 are not at the correct distance from the side walls. Standards S 4.16.2.

The grab bars for the toilets in guest rooms 101, 102, and 116 are too short. Standards S 4.16.4. h. The toilet paper dispensers in the bathrooms in guest rooms 101, 102, and 116 are improperly located. Standards S 4.16.6. i. The bathtubs in guest rooms 101, 102, and 116 do not have seats. Standards S 4.20.3. j. The side grab bars in the bathtubs in guest rooms 101, 102, and 116 are too short. Standards S 4.20.4. k. The controls for the bathtubs in guest rooms 101, 102, and 116 are improperly located. Standards S 4.20.5. l. The lavatories in guest rooms 101, 102, and 116 have inadequate knee clearance. Standards S 4.19.2. EXHIBIT 1 Page 6 01-01408

g.

EXHIBIT 2 Actions to be taken by defendants Hazard Management Group, Inc., J. Douglas Kidd, and Napier & Sebastian Construction to remedy failures to comply with the ADA's Standards for Accessible Design as set out in Exhibit 1 Parking and passenger loading zone violations a., b. and c. Three accessible parking spaces, including one van accessible parking space, will be provided as shown in Drawing 9 attached hereto. d. and e. A 60 inch wide access aisle will be provided

1.

under the entry canopy parallel to the front of the hotel. A ramp providing access from the access aisle to the walkway in front of hotel, will be provided as shown in Drawing 9 attached hereto. 2. Exterior route violations a. New built-up curb ramps, complying with the Standards, shall be provided as shown in Drawing 9 attached hereto. b. Fire extinguisher cabinets will either be relocated out of the path of travel, or will be made cane detectable (either by lowering them to a position at which their bottom edge is no more than 27" above the walking surface, or by providing a cane-detectable barrier below the cabinet). Other objects, such as the electrical service will be "boxed-out" from the lowest edge downward to a point 27 inches (or lower) from the walking surface. The modifications will comply with Standards S 4.4.1, Figures 8(a) and (b). c. Doors to the four electrical, mechanical and storage rooms, both floors, will have the knob changed to a lever-operated type in compliance with Standards S 4.13.9. d. Maneuvering clearance at Vending Machine Room door will be increased in accordance with Figure 25 of the Standards by providing additional concrete slab width of approximately 27 inches. 01-01409

3.

Violations at exterior stairs a. Handrails at each exterior stair shall be brought into

compliance with the Standards' requirements for mounting heights and horizontal extensions, as shown in Drawings 7 and 8 attached hereto. b. A cane-detectable barrier will be provided under the exterior stairs in accordance with Standards S 4.4.2, as shown in Figure 8(c-1). 4. Entrance and exit violations a. Both exterior doors to the laundry room will have the knob changed to a lever-operated type in compliance with Standards S 4.13.9. b. The exterior door to the conference room will have the knob changed to a lever-operated type in compliance with Standards S 4.13.9. The threshold at this door will be replaced with one not exceeding one-half inch high, in compliance with Standards S 4.13.8. 5. Front lobby violations a. Equivalent facilitation at the registration desk will be provided in conformance with Standards S 7.2(2)(iii). This added feature will consist of a folding shelf attached to the main desk, at a mounting height not to exceed 36 inches, on which an individual with a disability can write. b. A visual alarm conforming to Standards S 4.28.3 will be incorporated into the alarm system serving the lobby. 6. Interior route violations a. Gate will be widened to provide 32" clear opening width, and double-acting hinge will be added, creating a two-way swing, eliminating the "pull side" with both sides of the gate becoming a "push side," all of which is shown in Drawing 5 attached hereto. EXHIBIT 2 Page 2 01-01410

b., c. and d. The doorknobs on these doors will each be changed to a lever-operated type complying with Standards S 4.13.9. 7. Public and common use toilet room violation a. through k. Because the toilet room adjoining the conference room also opens onto and serves the lobby, and will be modified to be fully accessible (see 7.1. through t., below), the existing lobby restroom will be closed and the fixtures removed. l. through t. This bathroom will be converted to a toilet room serving both the lobby and the conference room, as shown in Drawings 5 and 6 attached hereto. 8. Violations in public and common use rooms and spaces a. Visual alarms complying with Standards S 4.28.3 will be incorporated into the alarm system serving these areas. 9. Violations with respect to guest rooms generally a. All guest room number signs will be supplemented with a sign incorporating raised and Braille characters in compliance with the Standards, and will be mounted in the location and at the height specified by the Standards. b. Guest room 117 will be converted into an accessible guest room complying with the requirements of the Standards, as shown in Drawing 1 attached hereto, so that there will be four accessible guest rooms. In addition, in one of the guest rooms currently designated for use by individuals with disabilities, the bathtub unit will be removed and a roll-in shower complying with the Standards will be installed, as shown in Drawing 2 attached hereto. c. Accessible guest rooms will be dispersed among the various classes of sleeping accommodations as specified below, so that guests with disabilities will have a EXHIBIT 2 Page 3 01-01411

range of options equivalent to that offered to other guests of the hotel. i) A second bed will be provided in one of the accessible guest rooms. ii) Room 117, which is being converted to an accessible guest room, has and will retain a whirlpool tub. iii) A microwave oven and refrigerator will be provided in one of the accessible guest rooms. d. Visual alarms connected to the building alarm system and complying with Standards SS 4.28.3 and 4.28.4 will be provided in a total of seven guest rooms, including the four accessible guest rooms. Visual notification devices as required by Standards S 9.3 will also be provided for a total of seven guest rooms. e. All of the guest rooms on the first floor of the hotel shall be modified in one of the ways shown in Drawing 4 attached hereto, to provide bathroom doors complying with Standards SS 4.13.5 and 9.4. 10. Violations with respect to the guest rooms designated accessible -- Rooms 101, 102, and 116 a. Deadbolts complying with the requirements of the Standards shall be provided in the accessible guest rooms. b. The furniture in the accessible guest rooms will be replaced or repositioned to provide an accessible route within the guest rooms complying with the requirements of the Standards. c. The on/off switches for the lamps in the accessible

guest rooms will be replaced with rocker or push-button switches complying with the Standards. With respect to the controls for the heating and air-conditioning units, the parties hereto will use their best efforts to identify auxiliary controls which may be affixed to or used with the existing units, and which will make those units operable with one hand, without tight grasping, pinching, or twisting of the wrist, as EXHIBIT 2 Page 4 01-01412

d.

e.

f.

required by the Standards. If such auxiliary control mechanisms are identified, the defendants hereto will provide them in the accessible guest rooms. Clothes rods and shelves will be lowered, to bring them into compliance with Standards S 4.25.3. A stub wall will be constructed next to the shelf unit, effectively removing the shelf unit from being in the path of the walking surface. These changes are shown in Drawing 3 attached hereto. The towel racks above the toilets will be relocated to a bathroom wall with clear floor space in front of the towel rack of at least 30 inches by 48 inches conforming to Standards S 4.25.2. Location will be determined in the field and will comply with the guidance of Standards Figure 5(a), 6(a), 6(b), or 38. By means of removing or adding furring and drywall as necessary, the centerlines of the toilets in each of the accessible guest rooms, including guest room 117, will be brought to within one-half inch of 18 inches from the finished surface of the side walls.

The grab bars in the accessible guest rooms will be replaced or otherwise made to comply with the requirements of the Standards, including Figures 29(a) and (b). h. The location of the toilet paper dispensers in these bathrooms will be changed to comply with Standards Figure 29(b). i. Seats complying with Standards S 4.20.3 shall be provided for each accessible guest room with a bathtub. j. The bathtubs in each accessible guest room, including guest room 117, will be fitted with grab bars at the side, head and foot conforming in length and position to Standards Figure 34(a). k. The controls for the bathtubs in each accessible guest room with a bathtub will be relocated to the position shown in Standards Figure 34. l. The lavatories will be remounted or replaced to provide knee space complying with Standards Figure 31. EXHIBIT 2 Page 5 01-01413

g.

(DRAWINGS) CONVERSION OF ROOM 117 TO ACCESSIBLE GUEST ROOM 01-01414 ​(DRAWINGS) CONVERSION OF ROOM 116 TO ACCESSIBLE GUEST ROOM WITH ROLL-IN SHOWER 01-01415 ​(DRAWINGS) RECONFIGURATION OF ROOM 101 TO PROVIDE SECOND BED IN ACCESSIBLE GUEST ROOM 01-01416 ​(DRAWINGS) 1st FLOOR GUEST ROOM BATH RECONFIGURATION

01-01417 ​(DRAWINGS) 1st FLOOR LOBBY MODIFICATIONS 01-01418 ​(DRAWINGS) PUBLIC/LOBBY BATH ROOM RECONFIGURATION 01-01419 ​(DRAWINGS) CENTER STAIR HANDRAIL MODIFICATION & RECONFIGURATION 01-01420 ​(DRAWINGS) TYPICAL FRONT & REAR STAIR HANDRAIL MODIFICATION 01-01421 ​(DRAWINGS) CURB RAMP CONSTRUCTION & HANDICAP PARKING MODIFICATIONS 01-01422 ​ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION UNITED STATES OF AMERICA ) ) Plaintiff, ) ) vs. ) ) Cause No. EV-96-28-C DAYS INNS OF AMERICA, INC., ) HOSPITALITY FRANCHISE SYSTEMS, ) INC., SARP, LTD., AND ) JOHN HEARD ASSOCIATES, INC., ) ) Defendants. ) JOINT MOTION FOR ENTRY OF SETTLEMENT AGREEMENT Plaintiff, the United States of America, and Defendant, Sarp, Ltd., parties to this action jointly move this Court to approve and enter the attached Settlement Agreement resolving this case as to the Defendant, Sarp, Ltd. In support of this Motion, the parties jointly represent to the Court as follows: 1. The parties are desirous of resolving this matter without the burden and expense of further litigation. 2. The intent of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. S 12101, et. seq., will be effectuated by entry of the aforementioned Settlement Agreement 3. This Settlement Agreement is intended to and does resolve all

matters in dispute between the Plaintiff and the named Defendant, Sarp, Ltd. as provided for in the Settlement Agreement. 01-01423

WHEREFORE, the parties jointly request that this Court approve and enter the attached Agreement. Respectfully submitted, Agreed to: For Plaintiff United States of America: TIM A. BAKER ROBERTA STINAR KIRKENDALL Assistant U.S. Attorney Attorney Southern District of Indiana Civil Rights Division 46 E. Ohio Street U.S. Department of Justice Indianapolis, Indiana 46240 P.O. Box 66738 (317) 226-6333 Washington, D.C. 20035-6738 (202) 307-0986 For Defendant SARP, Ltd.: WM. MICHAEL SCHIFF, Attorney for SARP, Ltd. MARY LEE FRANKE, Attorney for SARP, Ltd. Ziemer, Stayman, Weitzel & Shoulders Post Office Box 916 Evansville, IN 47706-0916 (812) 424-7575 01-01424