Department of Justice FOR IMMEDIATE RELEASE CR THURSDAY, JUNE 26, 1997 (202) 616-2765 TDD (202) 514-1888

COURT APPROVES AGREEMENT BETWEEN JUSTICE DEPARTMENT AND SOUTH DAKOTA DAYS INN HOTEL WASHINGTON, D.C. -- The owners, architect, and contractor of the Days Inn hotel in Wall, South Dakota, will take steps to make the hotel more accessible to guests with disabilities under an agreement reached with the Justice Department. The settlement, filed June 5 in U.S. District Court in South Dakota, resolves the February 1996 suit which charged that the hotel had not been built according to architectural guidelines set forth under the Americans with Disabilities Act (ADA). This case, filed together with similar suits against four other Days Inn hotels, was the first to be filed by the Justice Department challenging the construction and design of a building built after the landmark disabilities law went into effect. The five suits alleged Days Inn of America, Inc., its parent company HFS Incorporated and the owners, architects, and contractors of each of five individual hotels - in Wall, South Dakota; Willows, California; Champaign, Illinois; Evansville, Indiana; and Hazard, Kentucky; - violated the ADA, which requires parties that "design and construct" new buildings to comply with (MORE) 01-01323 ​ -2specific architectural standards ensuring that persons with disabilities can gain access to hotels. "Parties involved in designing and constructing a building that does not comply with ADA standards for accessibility should only naturally participate in the remedy," said Isabelle Katz Pinzler, Acting Assistant Attorney General for Civil Rights who applauded the cooperation of the parties agreeing to correct ADA violations at the hotels. Under this recent settlement, the owners, architect, and contractor of the Wall hotel have agreed to: * provide parking that is accessible to persons using wheelchairs; * provide a path that is accessible from the parking area through the entrance of the hotel and public areas to guest rooms, including providing accessible toilet rooms in the public areas; * provide a choice in room type among accessible rooms

for guests with disabilities; and, provide accessible guest rooms which include accessible bathrooms. Days Inns of America, Inc. and HFS Incorporated have refused to join in the consent order. That portion of the litigation is ongoing. In addition to the South Dakota agreement, the Justice Department earlier reached agreements to resolve the lawsuits against the owners, architects, and contractors in lawsuits in Willows, California; Champaign, Illinois; and Hazard, Kentucky. Litigation is ongoing in the Evansville, Indiana case. (MORE) 01-01324 ​ -3Today's agreement stems from an 18-month Justice Department investigation of 28 newly-built Days Inn hotels which revealed that all 28 hotels failed to comply with the ADA. The Justice Department immediately engaged in settlement negotiations with the parties that designed and constructed the hotels and reached settlements quickly in many cases. In addition to the five matters filed in federal court, the Department has reached agreements with the owners, architects, and contractors of Days Inn hotels in Fort Stockton, Texas; Elberton, Georgia; and Johnson Creek, Wisconsin. While Days Inn hotels are not all identical, the Justice Department investigation discovered similar problems throughout the chain. These included, among other things, the lack of accessible parking, entrances, and bathrooms. The Justice Department also found that guest rooms lacked sufficient space for wheelchairs, visual alarms for people who are deaf or hard of hearing, and accessible mechanical switches for things such as air conditioner controls, lamps, and security latches. The ADA, passed in July 1990, prohibits discrimination against persons with disabilities. Title III of the Act requires that those building and designing public accommodations, including hotels and motels, built after January 1993, comply with certain architectural guidelines known as the ADA's Standards for Accessible Design. The act also requires that those who own, operate, or lease public accommodations take steps (MORE) 01-01325 ​ -4to make their facilities accessible to people with disabilities. The statute authorizes the Attorney General to seek a civil penalty of up to $50,000 for the first offense. *

Days Inn of America and HFS are included in the litigation because they participate in the design of each hotel by providing prototype plans, imposing detailed design requirements on all Days Inn hotels, reviewing and approving the architectural plans for every hotel prior to construction, and inspecting and approving completed facilities prior to their opening. The Justice Department has engaged in an extensive nationwide education campaign to inform Americans about their rights and obligations under the law. Since the law went into effect, the Department has reached out to builders, architects, and hotel and motel operators to make certain they know about the law. As part of its public education campaign, the Justice Department has created a public service announcement advertising a toll-free ADA hotline and established an ADA home page on the World Wide Web. The ADA hotline number is 1-800-514-0301 or (TDD) 1-800-514-0383 and the home page address is http://www.usdoj.gov/crt/ada/adahom1.htm ### 97-266 01-01326 ​ UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) No.: CV 96-5012 versus ) ) DAYS INNS OF AMERICA, INC., ) HOSPITALITY FRANCHISE ) SYSTEMS, INC., RICHARD HAUK, ) KARLA HAUK, DAVID BAUMANN d/b/a ) CAD DRAFTING PLUS, and ) DOUBLE H ENTERPRISES, INC., ) ) Defendants. ) ) CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTS RICHARD HAUK, KARLA HAUK, DAVID BAUMANN d/b/a/ CAD DRAFTING PLUS, AND DOUBLE H ENTERPRISES, INC. 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 Days Inns of America, Inc., the licensor of the Days Inn chain of hotels, HFS Incorporated, the parent company of Days Inns of America, Inc., Richard and Karla Hauk, the owners of a Days Inn hotel on 10th Avenue in Wall, South Dakota ("the hotel" or the "Wall Days Inn"), David Baumann d/b/a CAD Drafting Plus, the architect of and for the Wall Days Inn, and Double H Enterprises, Inc., the general contractor for the Wall Days Inn. 2. On or about September 1, 1994, representatives of the United States Department of Justice (the "Department") visited 01-01327 ​and inspected the Wall Days Inn, as part of an investigation of the hotel conducted pursuant to the Department's authority to 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 identified several features, elements, and spaces of the Wall Days Inn which the Department contends fail to comply with the ADA's Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A (the "Standards"). A list of such features, elements, and spaces of the hotel is attached hereto as Exhibit 1. 4. In an effort to resolve this matter, plaintiff United States and defendants Richard and Karla Hauk ("the Hauks"), David Baumann d/b/a CAD Drafting Plus ("Baumann"), and Double H Enterprises ("Double H"), have agreed to enter into this jointly proposed Consent Order and Final Judgment as to defendants Richard and Karla Hauk, Baumann, and Double H. This agreement represents compromises of disputed claims, and does not constitute, and should not be construed to be, an admission of liability on the part of any defendant. -201-01328 ​ B. Agreement of the Parties Accordingly, by consent of plaintiff United States and defendants the Hauks, Baumann, and Double H, it is hereby ORDERED and ADJUDGED that: 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 Wall 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 Wall 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 Wall Days Inn was applied for on or about December 8, 1992. 5. No certificate of occupancy for the Wall Days Inn was required or issued. Construction was completed and the hotel was first occupied on or after July 1, 1993. 6. Defendants Richard and Karla Hauk are individuals who own the Wall Days Inn. The Hauks initiated, contracted for, or participated in the design and construction of the hotel. 7. Defendant Baumann is an individual engaged in the business of providing architectural and drafting specification services. Baumann participated in the design and construction of -301-01329 ​the Wall Days Inn by designing the hotel. Baumann disputes this, and contends that he is not a proper party to this action. The parties agree that this issue will be waived by Baumann for purposes of compromising and settling this action only, but that the same shall not constitute a waiver or admission for purposes of any other action to which Baumann is or may be in the future made a party. 8. Defendant Double H is a private entity engaged in the business of providing general contracting services. Double H participated in the construction of the Wall Days Inn by constructing the hotel. 9. The Department contends that the Wall 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 Department contends that 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. S S 36.401, 36.406. A list of features, elements, and spaces of the hotel which the Department contends do not comply with the Standards is attached hereto as Exhibit 1. 10. The Hauks agree to remedy several of the items set out in Exhibit 1; the steps they agree to take are set out in Exhibit 2, which is numbered to correspond to Exhibit 1. The -401-01330 ​Hauks further agree that all steps specified in Exhibit 2 shall

be completed by April 30, 2000. 11. Baumann agrees to remedy item 8.d. set out in Exhibit 1. The steps Baumann agrees to take are set out in Exhibit 2, in item 8.d., and shall be completed by April 30, 2000. Baumann shall have no further obligations under the terms of this Order. 12. Double H agrees to pay to the Hauks the sum of four thousand dollars ($4,000.00), which sum shall represent Double H's participation in the effort to address the items set out in Exhibit 1. Double H shall pay such sum to the Hauks in four equal installments, with the first payment made on or before the date six months after the effective date of this agreement, and each subsequent payment at six month intervals thereafter, except that the final payment shall be made on or before December 31, 1999. Upon payment of the final installment, Double H shall have no further obligations under the terms of this Order. 13. Not later than June 1, 1998, the Hauks shall provide to counsel for the United States a report on the status of their compliance with those portions of this order for which they are responsible. The report shall indicate which steps specified in Exhibit 2 have been completed. 14. Not later than June 1, 2000, the Hauks shall provide to counsel for the United States a final report on the status of all parties' compliance with this order. The report shall indicate which steps specified in Exhibit 2 have been completed. If any steps specified in Exhibit 2 have not been completed, the report -501-01331 ​shall so indicate and explain why such steps have not been completed. 15. In the event that the United States secures a judgment or settlement requiring Days Inns of America, Inc. (DIA), or HFS Incorporated (HFS), or both of them, to undertake or offer to undertake to remedy any failures to comply with the ADA's Standards for Accessible Design at the Wall Days Inn, by providing or installing, or offering to provide or install, an elevator at the Wall Days Inn, the Hauks shall allow DIA or HFS, or both of them, to undertake or pay for the work required by the judgment or settlement, subject to the Hauks' right reasonably to control the scheduling of such work. The Hauks shall not be required to incur any financial responsibility for the work in question. With respect to the provision of an elevator, the Hauks shall have the right to approve the location of any such elevator, which approval shall not be unreasonably withheld. 16. 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. 17. The Court shall retain jurisdiction of this action to enforce the provisions of this order through December 31, 2000, 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. -601-01332 ​ 18. This agreement relates solely to the facts and events alleged in the United States' complaint and shall govern the compliance of the Hauks, Baumann, and Double H with the ADA's Standards for Accessible Design at the Wall Days Inn. This agreement does not address, and shall not be construed to address, any future issues of ADA compliance at the Wall Days Inn, or at any other commercial facility or place of public accommodation designed and constructed by the Hauks, Baumann, or Double H, or any other violations of federal law. 19. This agreement contains all of the obligations, requirements and liability that the Hauks, their successors and assigns, Baumann, and Double H have to the United States arising out of this action or any claimed violation of section 303(a)(1) or 303(b) of the ADA at the Wall Days Inn. The United States shall have no right to assert any future claims against the Hauks, their successors and assigns, Baumann or Double H arising out of any claimed violation of section 303(a)(1) or 303(b) of the ADA at the Wall Days Inn that existed, whether or not it was discovered or discoverable, at or before the date of this agreement. 20. This agreement also constitutes a full and complete settlement of all issues raised by cross-claims between the Hauks and Baumann, and the Hauks and Double H. Upon execution of this consent order, said cross-claims shall be dismissed with prejudice. -701-01333 21. This instrument reflects the entire agreement between the parties hereto. SO ORDERED this day of 1997. United States District Judge -801-01334 ​Agreed and Consented to: For Plaintiff United States of America: THOMAS M. CONTOIS DIANA RYAN

MARGARITA M. PRIETO Assistant U.S. Attorney Attorneys 226 Federal Building Disability Rights Section 515 Ninth Street Civil Rights Section Rapid City, SD 57701 U.S. Department of Justice (605) 342-7822 Post Office Box 66738 Washington, D.C. 20035-6738 (202) 514-6014 Signatures continued on next page. -901-01335 ​For Defendants Richard and Karla Hauk: KIM RUCKDASCHEL-HALEY JOSEPH A. THOMSON Lindquist & Vennum P.L.L.P. 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2205 (612) 371-3211 Signatures continued on next page. -1001-01336 ​For Defendants Richard and Karla Hauk: DOYLE D. ESTES Estes, Porter & Delaney 510 North Campbell Suite 104 Rapid City, SD 57709-0330 (605) 343-3534 Signatures continued on next page. -1101-01337 ​For Defendant David Baumann d/b/a CAD Drafting Plus: FRANK A. BETTMAN Finch Bettman Maks, P.C. 304 Main Street Post Office Box 2934 Rapid City, South Dakota 57709-2934 (605) 348-6547 Signatures continued on next page. -1201-01338 ​For Defendant Double H Enterprises, Inc. VERONICA L. BOWEN Bangs, McCullen, Butler, Foye & Simmons, L.L.P.

818 St. Joseph Street Post Office Box 2670 Rapid City, South Dakota 57709 (605) 343-1040 - 13 01-01339 ​ EXHIBIT 1 Items at the Wall Days Inn claimed by the Department of Justice to be in violation of the ADA's Standards for Accessible Design 1. Parking and passenger loading zone a. There are no accessible parking spaces. There are 43 spaces in the lot; the Standards require two 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. One of the parking spaces designated accessible is not flat and level. Standards S 4.6.3. c. The parking spaces at the front of the building have no access aisles. Standards S 4.6.3. d. There is no van accessible parking space. Neither of the spaces designated accessible has an access aisle 96" wide, and neither has an elevated sign designating it as a van accessible space. Standards SS 4.1.2(5), 4.6.4. 2. Exterior routes a. There is no accessible route from the parking spaces designated accessible to the front entrance. Standards S 4.6.2 b. The ramp leading to the front entrance is too steep, has no level landing at the top, has no handrails, and has a 1/2" change in level that is not beveled. Standards SS 4.5.2, 4.8.1, 4.8.4, 4.8.5, 4.8.6. c. The walkway along the exterior of the east end of the building has a slope greater than 1:12. This walkway does not comply with the requirements for ramps in that it is too steep, has no handrails or edge protection, and has an inadequate landing. Standards SS 4.3.8, 4.8. d. Air conditioning and heating units along the exterior wall at the rear of the building protrude more than four inches from the wall. Standards S 4.4.1. 01-011340

Entrances and exits a. The ground area within the maneuvering clearance required at the front lobby entrance is not level. Standards S 4.13.6. 4. Front lobby a. The house phone in the lobby vestibule is too high, and has no volume controls. Standards SS 4.31.3, 4.31.5. 5. Interior routes a. The building has three stories, but has no elevator. Standards S 4.1.3(5). b. The hardware on the door from the lobby to the hall requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. c. The hardware on the door from the lobby to the area behind the reception desk requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. 6. Public and common use toilet rooms a. The toilets in both the men's and women's rooms in the basement are too far from the side wall and too low. Standards SS 4.16.2, 4.16.3. b. The lavatories in both the men's and women's rooms in the basement do not provide adequate knee clearance. Standards S 4.19.2. c. The hardware for the lavatories in both the men's and women's rooms in the basement requires tight grasping, pinching, or twisting of the wrist. Standards S 4.19.5. d. The mirrors in both the men's and women's rooms in the basement are too high. Standards S 4.19.6. EXHIBIT 1 Page 2 01-01341 e. The paper towel dispensers in both the men's and women's rooms in the basement are too high. Standards S 4.23.7. f. The shower stalls in both the men's and women's rooms in the basement are too small. Standards S 4.21.2. g. The shower stalls in both the men's and women's rooms in the basement have no seats. Standards S 4.21.3. h. The controls in the shower stalls in both the men's and women's rooms in the basement are too high. Standards S 4.21.5. i. The shower stalls in both the men's and women's rooms in the basement have no hand-held spray units.

3.

Standards S 4.21.6. The shower stalls in both the men's and women's rooms in the basement have curbs that are too high. Standards S 4.21.7. 7. Public and common use rooms and spaces a. The hardware on the doors to the basement laundry and electrical room, to the storage room at the east stair, and to the second floor storage room require tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. b. The whirlpool in the spa and sauna room is inaccessible because it is mounted on a raised platform, with no ramp or lift provided. Standards S. 4.3.8. c. The controls for the whirlpool require tight grasping, pinching or twisting of the wrist. Standards S 4.27.4. d. The room identification signs for the restrooms and the spa room in the basement do not have Braille or raised letters, and they are not mounted on the wall adjacent to the door for each room. Standards SS 4.30.4, 4.30.6. EXHIBIT 1 Page 3 01-01342 j.

e.

There are no visual alarms in the men's or women's rooms in the basement, or in the basement laundry and electrical room. Standards S 4.28.1.

Guest rooms generally The guest room number signs do not have Braille or raised characters, and they are not mounted on the wall adjacent to the door for each room. Standards SS 4.30.4, 4.30.6. b. The guest rooms designated accessible are not dispersed among the various classes of sleeping accommodations available to patrons of the hotel. The rooms available to patrons with disabilities have only one bed, while the rooms available to other patrons have either one or two beds. Standards S 9.1.4. c. The hotel has no rooms with notification devices. Standards SS 9.1.2, 9.1.3, 9.3. d. The doors to the bathrooms in the guest rooms not designated accessible are too narrow. Standards SS 4.13.5, 9.4. 9. Guest rooms designated accessible -- Rooms 101 and 103 a. The hardware on the door to guest rooms 101 and 103 requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. b. The clothes rods in guest rooms 101 and 103 are too high. Standards S 9.2.2(4). c. The operating controls for the air conditioning and heating units in guest rooms 101 and 103 require tight grasping, pinching, or twisting of the wrist. Standards S 4.27.4. d. There is inadequate clear floor space at the toilets in guest rooms 101 and 103. Standards S 4.16.1. e. The bathtubs in guest rooms 101 and 103 have no low side grab bar, and no horizontal grab bars at foot or head of the tubs. Standards S 4.20.4. EXHIBIT 1 Page 4 01-01343 a.

8.

f. g. h. i. j.

The controls for the bathtubs in guest rooms 101 and 103 are improperly located. Standards S 4.20.3. The operating controls for the showers in guest rooms 101 and 103 require tight grasping, pinching, or twisting of the wrist. Standards S 4.20.3. The towel racks in the bathrooms of guest rooms 101 and 103 are too high. Standards S 4.25.3. The lavatories in guest rooms 101 and 103 have inadequate knee clearance. Standards S 4.19.2. The hot water and drain pipes under the lavatories in guest rooms 101 and 103 are not insulated or otherwise configured to protect against contact, and there is a sharp metal tissue box under each of the lavatories. Standards S 4.19.4. EXHIBIT 1 Page 5

01-01344

1.

2.

3.

EXHIBIT 2 Actions to be taken by defendants Richard and Karla Hauk, or David Baumann, to remedy items set out in Exhibit 1 Parking and passenger loading zone a., b., c. and d. The parking area in front of the hotel will be modified to provide accessible parking complying with the requirements of the Standards for Accessible Design, as shown in Drawing B attached hereto. Exterior routes a. and b. The approach to the hotel's main entrance will be modified to comply with the requirements of the Standards, as shown in Drawing B attached hereto. c. The door swing for the exit door at this end of the hotel will be reversed, so that it opens to the south, thus changing the egress path to the south. The egress path to the south currently complies with the requirements of the Standards. d. The air conditioning and heating units shall be moved so they do not protrude more than four inches from the wall, or cane-detectable barriers will be provided below the air conditioning and heating units, as shown in Drawing D attached hereto. Entrances and exits a. The ground area within the maneuvering clearance required at the front lobby entrance will be modified to comply with the Standards, as shown in Drawing B

attached hereto. Front lobby a. The house phone in the lobby vestibule will be lowered so that its highest operable part will be 48" above the finished floor, and volume controls will be added. 01-01345 4.

5.

6.

Interior routes a. Except for the obligations set out in paragraph 15 of this agreement with respect to the Hauks, this agreement does not require the Hauks, Baumann, or Double H to take any action in regard to this item. b. and c. Hardware complying with the requirements of the Standards will be provided on both sides of these doors. Public and common use toilet rooms a. and b. The men's and women's rooms in the basement will be modified as shown in Drawing G attached hereto, or, at the option of Richard and Karla Hauk, the toilet and lavatory fixtures in both restrooms will be removed. c. Hardware complying with the requirements of the Standards will be provided for the doors to the men's and women's rooms in the basement, unless Richard and Karla Hauk opt to remove the toilet and lavatory fixtures from these restrooms.

An additional mirror will be provided in each of the men's and women's rooms, in compliance with the requirements of the Standards, or the existing mirrors in the men's and women's rooms will be lowered to comply with the requirements of the Standards, unless Richard and Karla Hauk opt to remove the toilet and lavatory fixtures from these restrooms. e. An additional paper towel dispenser will be provided in each of the men's and women's rooms, in compliance with the requirements of the Standards, or the existing dispensers in the men's and women's rooms will be lowered to comply with the requirements of the Standards, unless Richard and Karla Hauk opt to remove the toilet and lavatory fixtures from these restrooms. f. through j. The shower stalls in the men's and women's rooms in the basement will be eliminated. The shower stall enclosures shall be removed and the plumbing capped. EXHIBIT 2 Page 2 01-01346

d.

7.

Public and common use rooms and spaces a. Hardware complying with the requirements of the Standards will be provided for the storage room at the east stair and the second floor storage room. With respect to the operating hardware on the doors to electrical room and laundry room in the basement, that hardware shall be replaced with hardware complying with the requirements of the Standards, unless Richard and Karla Hauk choose to remove all fixtures and equipment

from the basement, including, but not limited to, the spa and sauna, and all fixtures in the basement restrooms. b. A ramp complying with the requirements of the Standards will be provided along the north wall of the room, to provide access to the raised platform, unless Richard and Karla Hauk choose to remove the whirlpool tub. c. Operating controls that comply with the requirements of the Standards will be provided for the whirlpool, unless Richard and Karla Hauk choose to remove the whirlpool tub. d. Room identification signs with Braille and raised letters will be provided for the restrooms and the spa room in the basement, and will be mounted on the walls adjacent to the latch sides of the doors, 60 inches above the finished floor (measured to the centerlines of the signs), unless Richard and Karla Hauk choose to remove all fixtures and equipment from this room, including, but not limited to, the whirlpool tub and the sauna. e. Visual alarms will be provided in the men's and women's rooms in the basement, and in the basement laundry and electrical room, unless Richard and Karla Hauk choose to remove all fixtures and equipment from the basement, including, but not limited to, the spa and sauna, and all fixtures in the basement restrooms. EXHIBIT 2 Page 3 01-01347

8.

Guest rooms generally a. Guest room number signs with Braille and raised characters will be provided for all guest rooms, and will be mounted on the wall adjacent to the latch side of the door, 60 inches above the finished floor (measured to the centerline of the sign). b. In order to provide individuals with disabilities a range of options equivalent to those available to other individuals served by the hotel, including the opportunity to stay in a sleeping room with two beds, defendants Richard and Karla Hauk shall modify guest room 103 either 1) to provide two beds in that guest room, as shown in Drawing E, Option A, attached hereto, or 2) to provide a connecting door to guest room 105 (which connecting door shall comply with the requirements of the Standards), as shown in Drawing E, Option B, attached hereto. In the event that the second of these options is chosen -- providing a connecting door to guest room 105 -then defendants Richard and Karla Hauk further agree to provide to any guest with a disability who requests an accessible room with two beds both guest rooms 103 and 105 for the price of one room with two beds. The Hauks shall insure that all of the hotel's front desk personnel are aware of this requirement and comply with it. Complying with this requirement will require the Hauks to refrain from renting, until all other rooms are rented, not only guest room 103, but also guest room 105, so that the option of an accessible room with two beds will remain available to individuals with disabilities. c. Visual notification devices complying with the Standards shall be provided for a total of four guest rooms. d. Defendant David Baumann shall provide and install bathroom doors complying with the requirements of Standards S 4.13.5 in five guest rooms (other than the guest rooms designated for use by individuals with disabilities) on the first floor of the hotel. The Hauks shall have the right to select the guest rooms in which such doors will be installed, and shall have the right to approve the scheduling of the work to be done EXHIBIT 2 Page 4

01-01348

9.

by Baumann, which approval shall not be unreasonably withheld. Guest rooms designated accessible -- Rooms 101 and 103 a. Hardware complying with the requirements of the Standards will be provided on both sides of the doors to guest rooms 101 and 103. b. The clothes rods and shelves in guest rooms 101 and 103 will be relocated to positions that comply with the requirements of the Standards. c. Operating controls that comply with the requirements of the Standards will be provided for the air conditioning and heating units in guest rooms 101 and 103. d. The angled metal supports for the vanities in guest rooms 101 and 103 will be modified so that they do not encroach into the clear floor space required for the toilets. e. Grab bars complying with the requirements of the Standards will be provided in the bathtubs in guest rooms 101 and 103. f. The controls for the bathtubs in guest rooms 101 and 103 will be relocated to comply with the Standards. g. Operating controls that comply with the requirements of the Standards will be provided for the showers in guest rooms 101 and 103. h. The towel racks in the bathrooms of guest rooms 101 and 103 will be lowered so that the tops of the racks are 48" above the finished floor. i. The lavatories in guest rooms 101 and 103 will be modified to provide the knee clearance required by the Standards. j. The hot water and drain pipes under the lavatories in guest rooms 101 and 103 will be insulated or otherwise configured to protect against contact. The metal tissue box under each of the lavatories will be removed.

EXHIBIT 2 Page 5 01-01349

(Form) NEW SITE PLAN 01-01350

(HOUSE PLANS) (FLOOR PLANS) (FLOOR PLANS)