SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BY THE UNITED STATES OF AMERICA, ARNOLD SNYDER, AND THE JANA CORPORATION FOR COMPLAINT XX AND PRIVATE CIVIL ACTION NO. 93-0366 (D.D.C.) This matter was initiated on November 9, 1992, by a complaint filed by Arnold Snyder with the United States Department of Justice against the Quality Hotel Downtown at 1315 Sixteenth Street, N.W., Washington, D.C. The complaint was investigated by the Public Access Section of the Civil Rights Division of the United States Department of Justice under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA" or "the Act"), 42 U.S.C.  12188. The complaint alleged that the Quality Hotel Downtown violated the ADA, because a front desk clerk informed Mr. Snyder as he was checking into the hotel that it would not allow the complainant to take his motorized scooter into his hotel room. On February 9, 1993, Arnold Snyder filed a private lawsuit in the District Court for the District of Columbia. Snyder v. Quality Inn Hotel (D.D.C. Civil Action No. 93-0366 (TPJ)). In the complaint, Mr. Snyder alleged that Quality Hotel Downtown had violated title III of the ADA. The complaint also alleged intentional and negligent infliction of emotional distress. The parties to this agreement are the United States of America, Arnold Snyder ("Snyder"), and the Jana Corporation, owner of the Quality Hotel Downtown ("Quality Hotel"). In order to avoid costly and time consuming litigation, and without making any representations as to the merits of Snyder's claims, the parties hereby agree as follows: 1. Jana Corporation is a corporation incorporated under the laws of the state of Delaware. 2. Jana Corporation owns and operates the Quality Hotel Downtown at 1315 Sixteenth Street, N.W., Washington, D.C. The Quality Hotel is the subject of this settlement agreement. 3. The Americans with Disabilities Act applies to the Quality Hotel, because it is a public accommodation as defined in section 301(7)(A) of the Act and section 36.104 of the Department of Justice's regulation. 42 U.S.C.  12181, 28 C.F.R.  36.104. 4. Arnold Snyder is an individual with a disability, as defined by section 3(2)(A) of the Act and section 36.104 of the Department of Justice's regulation. 42 U.S.C.  12102, 28 C.F.R. 1 01-04411  36.104. Snyder is 69 years old, has poliomyelitis, and must use either a wheelchair or motorized scooter for mobility. 5. In early October, 1992, Snyder called the Quality Hotel and reserved a room for the weekend of October 23, 1992. Snyder alleges that he informed the reservationist that he is disabled and uses a mobility device. Snyder further alleges that he specifically requested that the room be wheelchair-accessible and located near an elevator. The hotel accepted his reservation. 6. On October 23, 1992, Snyder checked into the Quality Hotel. Snyder alleges that he was informed by the front desk clerk, Greg Gillette ("Gillette"), that the wheelchair-accessible rooms already were occupied. Snyder further alleges that Gillette informed him that he would not be allowed to take his motorized scooter into his hotel room and that he would have to store the device in the basement of the hotel. 7. Snyder alleges that Gillette told him that it was the Quality Hotel's policy not to permit motorized scooters in the hotel's guest rooms. 8. Snyder alleges that he stored his mobility device in the basement of the hotel and was half-dragged/half-carried up to his room by his wife and the two friends with whom he was travelling. 9. Snyder alleges that he ultimately took the scooter out of the basement on October 24, 1992. Snyder alleges that he took the scooter up to his room and used the scooter during the duration of his stay, even though he believed that he was in violation of hotel policy. 10. It is the United States' position that if the facts alleged are true, Jana Corporation, through the actions of the Quality Hotel's front desk clerk, Greg Gillette, violated the ADA by denying an individual with a disability the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of the Quality Hotel. 11. Jana Corporation denies Gillette's assertions regarding the Quality Hotel's policy. Gillette is no longer employed by the Quality Hotel. Quality Hotel states that mobility devices are allowed in the hotel's guest rooms. Quality Hotel states that individuals who use mobility devices have stayed at the hotel and that they have been allowed to bring these devices into their guest rooms. Quality Hotel further states that, during his stay, Snyder did in fact use his motorized scooter in the hotel. 12. This Agreement does not constitute an admission of violation of the ADA or any other law or duty by the Quality Hotel. 2 01-04412 13. To resolve this complaint and lawsuit and to demonstrate its continued commitment to full compliance with the ADA, Jana Corporation agrees that Quality Hotel shall take the following actions: a. within 30 days of the effective date of this settlement agreement, pay to Arnold Snyder $10,000 in compensatory and other damages; b. within 30 days of the effective date of this agreement, adopt and implement a written policy of non-discrimination against guests and other persons with disabilities, which policy shall be subject to reasonable review and approval by the Department of Justice; c. within 60 days of the effective date of this agreement, ensure that all hotel employees undergo training, by the Disabilities Rights and Education Defense Fund or another organization subject to approval by the Department of Justice, that will increase awareness and sensitivity to issues concerning persons with disabilities and will provide information concerning the requirements of the ADA. 14. The Attorney General is expressly authorized, pursuant to 42 U.S.C.  12188 (b)(1)(B), to bring a civil action enforcing the Americans with Disabilities Act in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this agreement at  13 above, and in order to avoid costly litigation, the Attorney General agrees to refrain from further investigation of this matter. 15. In consideration of the terms of this agreement at  13 above, and in order to avoid costly litigation, Snyder agrees to dismiss his private lawsuit, with prejudice. 16. In consideration of the terms of this agreement at  13 above, Snyder agrees not to institute or bring any additional claims, complaints or charges against the Quality Hotel regarding the facts set forth in  5 - 9. 17. In the event that the Quality Hotel fails to comply in a timely fashion with any requirement of this agreement, all terms of  13 above shall become enforceable in federal district court and the Attorney General is authorized to seek civil penalties, pursuant to 42 U.S.C.  12188 (b)(2)(C). 18. Failure by the Department of Justice to enforce this entire agreement with regard to any deadline herein shall not be construed as a waiver of its right to do so with regard to future deadlines and provisions of this agreement. 3 01-04413 19. The Department of Justice may review compliance with this agreement at any time. If the Department of Justice believes that this agreement or any requirement thereof has been violated, it may institute a civil action for relief in federal district court. 20. This is a public agreement and may be made available to any person on request. 21. This agreement shall become effective as of the date of the last signature below. This agreement shall be binding on all of the Quality Hotel's successors in interest and Quality Hotel has a duty to so notify all such successors in interest. 22. This agreement and the policies and plans developed pursuant to this agreement constitute the entire agreement between the parties on the matters raised herein, and no other statement, promise or agreement, either written or oral, made by any of the parties or by agents of the parties, that is not contained in this written agreement or in the policies developed hereto shall be enforceable. This agreement is limited to the facts set forth in  5 - 9 above and does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. This agreement does not affect Quality Hotel's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. For the United States: (Handwritten) James P. Turner (Handwritten) 7-15-93 ______________________________ Date: _______________ James P. Turner Acting Assistant Attorney General John L. Wodatch Joan A. Magagna Sharon N. Perley Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6016 For the Jana Corporation: For Arnold Snyder: (Handwritten) (Illegible) (Handwritten) (Handwritten) Thomas H. (Illegible) ________________________ Date: 7-22-93 _____________________ Date: 7/2 (handwritten) Vice President Operations 4 01-04414