SETTLEMENT AGREEMENT AMONG THE UNITED STATES OF AMERICA, VANTEX PARTNERSHIP, AND STEPHEN C. DAY INTRODUCTION 1.

This matter was initiated pursuant to a compliance review conducted by the United States Department of Justice of the Days Inn in Fort Stockton, Texas, ("the Fort Stockton Days Inn" or "the hotel"). The Disability Rights Section of the Civil Rights Division of the United States Department of Justice ("the Department"), conducted the compliance review under the authority to review the compliance of entities covered by title III of the Americans With Disabilities Act of 1990, 42 U.S.C. S 12188(b)(1)(A)(i), ("the ADA" or "the Act"). JURISDICTION AND PARTIES TO SETTLEMENT 2. The parties to this agreement are: a. The United States of America ("United States"), b. Vantex Partnership, ("Vantex"), and c. Stephen C. Day ("Day"). 3. The Fort Stockton Days Inn, at 1408 North Highway 285, Fort Stockton, Texas, is a non-residential facility whose operations affect commerce and is therefore a commercial facility within the meaning of title III of the ADA. See 42 U.S.C. S 12181(2); 28 C.F.R. S 36.104. As a privately owned and operated place of lodging with approximately 50 rooms, it is also a place of public accommodation within the meaning of title III of the ADA. See 42 U.S.C. S 12181(7)(A); 28 C.F.R. S 36.104. 4. Vantex is a Texas partnership with its principal place of business at 1601 West Broadway, Van Horn, Texas 79855. Vantex owns the hotel, and participated in the design and construction of the hotel. 5. Day is an individual who receives mail at Post Office Box 2226, Corrales, New Mexico 87048. Day is engaged in the business of providing architectural and design specification services. Day designed the Fort Stockton Days Inn. 6. The subject of this settlement agreement is the correction of failures to design and construct the Fort Stockton Days Inn to be readily accessible to and usable by individuals with disabilities, as required by title III of the ADA, 42 U.S.C. S 12183(a)(1), in that several features, elements, and spaces of the hotel are not readily accessible to or usable by individuals with disabilities, as specified in the Department of Justice's

title III implementing regulation, ("the regulation"), 28 C.F.R. 01-01354

Part 36, including the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). FACTUAL BACKGROUND 7. As part of the Department's compliance review of the Fort Stockton Days Inn, representatives of the Department's Civil Rights Division conducted an on site inspection of the hotel on November 2, 1994. As a result of its investigation, including its inspection, the Department identified a number of failures to comply with the Standards at the hotel, which are set forth in Exhibit 1. 8. In March 1995 the Department advised Vantex and Day that it had found a pattern or practice of discrimination in their failures to design and construct the hotel according to the Standards. Since that time, Vantex, Day, and the United States have engaged in good faith negotiations in an effort to resolve this matter without resort to litigation. ACTIONS TO BE TAKEN BY VANTEX PARTNERSHIP AND STEPHEN C. DAY 9. In order to avoid litigation, Vantex and Day have agreed to remedy the failures to design and construct the Fort Stockton Days Inn to be readily accessible to and usable by individuals with disabilities. The steps to be taken by Vantex and Day to remedy the failures to comply with the Standards (as set out in Exhibit 1) are set out in Exhibit 2. The steps set forth in Exhibit 2 are numbered to correspond to the items set out in Exhibit 1. 10. Vantex and Day agree that the steps set out in Exhibit 2 shall be taken no later than August 1, 1997, unless otherwise

noted. 11. Unless otherwise specified (or shown by attached drawing), all steps set out in Exhibit 2 shall comply with the applicable requirements of the Standards. 12. At all times after the effective date of this agreement, Vantex shall maintain all of the hotel's accessible features and elements in good working order, such that they will be available for use by individuals with disabilities without delay upon the arrival at the hotel of an individual with a disability. 2 01-01355

IMPLEMENTATION AND ENFORCEMENT OF THIS AGREEMENT 13. The Attorney General is authorized, pursuant to 42 U.S.C. S 12188(b)(1)(B), to bring a civil action to enforce title III of the Act in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter. 14. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any portion of it has been violated, it will raise the issue or issues with Vantex and Day, and will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 45 days of the date it raises the issue or issues with Vantex and Day, it may institute a civil action in federal district court. 15. A failure by the Department to enforce any term of this agreement shall not be construed as a waiver of its right to enforce any other portion of this agreement. 16. This agreement shall be enforceable in United States

District Court for the Western District of Texas. 17. This agreement is a public document. Copies of this document, Exhibits, and any information contained in them may be made available to any person at any time. The Department shall provide copies of these documents to any person upon request. 18. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Vantex Partnership, Stephen C. Day, and their successors in interest. Both Vantex and Day have a duty to notify all such successors in interest. 19. This document constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or the agents of either party that is not contained in this written agreement, shall be enforceable. This agreement is limited to the facts related to the original design and construction of the hotel, and fully and finally resolves all issues related to the original design and construction of the hotel. This agreement does not address any other issues of ADA compliance at the Fort Stockton Days Inn, or at any other commercial facility or public accommodation designed and constructed by Vantex Partnership or Stephen C. Day, or other violations of the Act or any other federal law. This agreement 3 01-01356

does not affect the continuing responsibility of Vantex or Day to comply with all aspects of the Act. 20. The signers of this document affirm that they are authorized to bind the parties to this agreement that each represents. For Vantex Partnership For the United States: Mr. Dipak V. Bhakta, Thomas M. Contois Partner Attorney Vantex Partnership Disability Rights Section 1601 West Broadway Civil Rights Division Van Horn, Texas 79855 U.S. Department of Justice

(915) 283-2211

P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6014

For Stephen C. Day: Mr. Stephen C. Day Post Office Box 2226 Corrales, New Mexico 87048 (505) 898-3774 Date 9/15/96 Date 9/17/96 4 01-01357

1.

EXHIBIT 1 Failures of the Fort Stockton Days Inn to comply with the ADA's Standards for Accessible Design Violations at parking and passenger loading zone

There are no accessible parking spaces. There are 50 spaces in the lot; the Standards require two accessible spaces, including at least one van accessible space. Standards S 4.1.2(5). While three spaces are designated accessible, none complies with the requirements of the Standards, as specified in items 1.b. and c., below. b. None of the parking spaces designated accessible is on the shortest route from the parking lot to the lobby entrance. Standards S 4.6.2. c. The access aisles for the spaces designated accessible are not level, because built-up curb ramps project into both access aisles. Standards S 4.6.3. d. There is no van accessible parking space. None of the spaces designated accessible has an access aisle 96" wide, and none has an elevated sign designating it as a van accessible space. Standards SS 4.1.2(5), 4.6.4. e. The passenger loading zone at the front entrance to the hotel lobby does not have a demarcated access aisle. Standards S 4.6.6. 2. Exterior route violations a. There is no accessible route to the swimming pool. There is a change in level of approximately 4" at the curb surrounding the pool, and there is no curb ramp or curb cut providing access to the pool. In addition, the ground area in front of the gate leading to the pool is not flat and level throughout the required clearance. Standards SS 4.3.8, 4.13.3, 4.13.6. b. The shelf at the night window protrudes more than 4" into the walkway in front of the lobby. Standards S 4.4.1. 3. Violations at exterior and interior stairs and areas of rescue assistance a. The handrails on each of the hotel's stairways are too large in diameter, too far from the wall, and do not 01-01358

a.

4. 5. 6.

7.

8.

9.

have adequate horizontal extensions at the top and bottom risers. Standards S 4.9.4. Violations at entrances and exits None. Front lobby violations None. Interior route violations a. There is inadequate maneuvering space on the pull side of the door from the lobby area to the hotel laundry. Standards S 4.13.6. Violations with respect to public and common use toilet rooms a. The sign for the restroom in the breakfast room is not mounted on the wall adjacent to the door, and does not have raised or Braille characters. Standards SS 4.30.4, 4.30.6. b. The toilet in the restroom in the breakfast room is too far from the wall. Standards S 4.16.2. c. There is no visual alarm in the restroom in the breakfast room. Standards S 4.28.1. Violations with respect to public and common use rooms and spaces a. There is no visual alarm in the breakfast 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 EXHIBIT 1 Page 2

01-01359 adjacent to the door for each guest 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, as specified below. Standards S 9.1.4. i) The hotel has several rooms with two double beds, but all of the guest rooms designated accessible have only one bed. ii) All of the guest rooms designated accessible are smoking rooms. The hotel has several non-smoking rooms, but none of those rooms is accessible. c. The hotel has no rooms with visual alarms or 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. 10. Violations with respect to guest rooms designated accessible -- Rooms 124, 125, and 126 a. The operating controls for the drapes in guest rooms 124, 125, and 126 are too high. Standards SS 4.27.3. b. The toilets in guest rooms 124, 125, and 126 are too far from the side walls. Standards S 4.16.2. c. The grab bars in the bathtubs in guest rooms 124, 125, and 126 do not comply with the requirements of the Standards, in that there is only one grab bar on the rear wall of the tub. Standards S 4.20.4. EXHIBIT 1 Page 3 01-01360

EXHIBIT 2 Steps to be taken by Vantex Partnership and Stephen C. Day to remedy failures of the Fort Stockton Days Inn to comply with the ADA's Standards for Accessible Design 1. Violations at parking and passenger loading zone a. Two accessible spaces complying with the Standards shall be created, as specified in items 1.b. through 1.d., below. b. The parking space immediately north of the laundry will be converted into an accessible space; the area will be re-paved to bring the top of the paving level with the existing sidewalk, with cross-slopes of 1:50 or less in all directions. A 5' access aisle will be provided adjacent to the space, and appropriate signage will be provided. c. This area will be re-paved to bring it level with the existing walkway, with cross-slopes of 1:50 or less in all directions. d. The access aisle for one of the existing accessible spaces will be widened to 8' (necessitating the restriping of other spaces), and appropriate signage will

be provided. A demarcated access aisle 5' by 20' will be provided at the hotel lobby entrance. 2. Exterior route violations a. An accessible route to the pool will be provided by removing and replacing the concrete slab at the access to the swimming pool, as shown in Drawing 1 attached hereto. b. The shelf at the night window will be modified so that it projects no more than 4" into the walkway. 3. Violations at exterior and interior stairs and areas of rescue assistance a. The handrails on each of the hotel's stairways will be modified as shown in Drawing 2 attached hereto. 01-01361 e.

4. 5. 6.

Violations at entrances and exits None. Front lobby violations None. Interior route violations a. The casework adjacent to the door will be modified to provide the required maneuvering space adjacent to the

door. Violations with respect to public and common use toilet rooms a. An appropriate sign will be provided. b. The toilet room will be modified as shown in Drawing 3 attached hereto. c. A visual alarm will be provided in the restroom adjacent to the breakfast room. 8. Violations with respect to public and common use rooms and spaces a. A visual alarm will be provided in the breakfast room. 9. Violations with respect to guest rooms generally a. Appropriate signs will be provided. b. The following changes will be made: i) Two double beds will be provided in guest room 125, as shown in Drawing 4 attached hereto. ii) One of the accessible guest rooms will be designated non-smoking. EXHIBIT 2 Page 2 01-01362 7.

c.

Visual alarms and notification devices will be provided

for a total of five guest rooms, including the accessible guest rooms. d. The doors to the bathrooms in 22 first-floor guest rooms (all of the first floor rooms apart from the accessible guest rooms) will be modified to provide adequate clear width, as shown in Drawing 5 attached hereto. 10. Violations with respect to guest rooms designated accessible -- Rooms 124, 125, and 126 a. Extensions will be provided for the drapery control rods. b. The toilet rooms in guest rooms 124, 125, and 126 will be modified as shown in Drawing 3 attached hereto. c. Grab bars complying with the Standards will be provided. EXHIBIT 2 Page 3 01-01363

(DRAWING 1) PARTIAL SITE PLAN 01-01364

(DRAWING 2) STAIR SECTION 01-01365

(DRAWING 3) BATHROOMS 01-01366

(DRAWING 4) ROOM 125 FLOOR PLAN 01-01367

(DRAWING 5) PARTIAL PLAN 01-01368