Department of Justice FOR IMMEDIATE RELEASE CR TUESDAY, JULY 1, 1997 (202) 616-2777 TDD (202) 514-1888 HOTEL BEL-AIR AGREES TO MAKE ITS SERVICES ACCESSIBLE TO PEOPLE WHO ARE DEAF OR HARD OF HEARING WASHINGTON, D.C. -- The Hotel Bel-Air in Los Angeles will provide special phones, flashing smoke and fire alarms and television decoders for closed captioning for guests who are deaf or hard of hearing, under an agreement reached today with the Justice Department. Today's settlement with the owners of the Hotel Bel-Air resolves a complaint filed under the Americans with Disabilities Act (ADA) by the father of two deaf children who were guests of the hotel. The agreement outlines the steps the Bel-Air will take to comply with the law, including providing closed captioning decoders, telecommunications devices for the deaf (TDDs), and other services. "Deaf and hard-of-hearing guests deserve the same quality of services as other guests," said Isabelle Katz Pinzler, Assistant Attorney General for Civil Rights. "By entering into this agreement, the Hotel Bel-Air has shown that it values all of its guests. We are pleased that it will take these steps to ensure (MORE) - 2 - equal treatment." According to the complaint, in December 1966 the Crane family, which was visiting California from Ohio to see the Rose Bowl, checked into the Bel-Air. Upon arrival, the father contacted the hotel management after finding that his two daughters could not watch the television because it was not equipped with a closed captioning device. Mr. Crane spoke with four different managers over the course of two days to try to obtain the equipment. He finally suggested the hotel contact the Greater Los Angeles Council of the Deaf (GLAD) about renting a decoder. The hotel contacted the group but indicated that it would not pay the rental fee and never provided the Crane family with the decoder. Under today's agreement the hotel will: * purchase 9 TDDs for guests (and an additional TDD to be used at the front desk); * install flashing alarms to alert deaf and hard-of- hearing guests of visitors and phone calls; * install flashing alarms to alert deaf and hard-of- hearing guests of fire and smoke; * provide televisions with decoders for closed caption television broadcasts; * make arrangements, within two hours, to rent or share additional TDDs upon receiving a request by an deaf or hard-of-hearing guest that cannot be met because all units are already in use; and, * pay $5,000 in compensatory damages to the Crane family. The Department reached a similar agreement today with the (MORE) - 3 - Lauderdale Hotel in Ft. Lauderdale, Florida. Under the Title III of the ADA, which was signed into law July 26, 1990, public accommodations, such as hotels, must provide effective communication for persons with hearing disabilities. This includes the provision of TDDs, televisions with captioning and visual alarms. The Justice Department has reached more than 500 settlements under the federal disabilities law. Copies of the settlement may be obtained by calling the ADA Information Line at 1-800- 514-0301 (voice) or 1-800-514-0383 (TDD). ADA information is also available from the Department of Justice's HomePage on the internet, at: (http://www.usdoj.gov/crt/ada/adahoml.htm). # # # 97-275 SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND HOTEL BEL-AIR 1. The parties to this Agreement are the United States of America and Kava Holdings, Inc. owners of Hotel Bel-Air. 2. As used herein, "ADA" means the Americans with Disabilities Act, 42 U.S.C. SS 12101 et seq. (1990), its implementing regulations, and any interpretations of that statute or those regulations issued by the United States. 3. As used herein, "Standards" means the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, Appendix A. 4. As used herein, "Title III" includes title III of the ADA, 42 U.S.C. SS 12181-12189 (1990), its implementing regulation, 28 C.F.R. Part 36 and appendices, and any interpretations of the statute, regulation, or appendices issued by the United States. 5. Hotel Bel-Air, located at 701 Stone Canyon Road in Los Angeles, California, currently has 92 rooms available for rental to transient guests. It is a place of lodging within the meaning of 42 U.S.C. S 12181 (7)(A) and 28 C.F.R. S 36.104, and is thus a place of public accommodation within the meaning of 28 C.F.R. S 36.104. Kava Holdings, Inc. is a public accommodation, as it owns, leases, leases to, or operates the hotel within the meaning of 42 U.S.C. S 12182(a) and 28 C.F.R. Section 36.201(a). The hotel is located at 701 Stone Canyon Road in Los Angeles, California, and is represented in this matter by the firm of Rieger and Walsh, LLP, located at 199 Main Street, Northport, New York. 6. The United States enters into this Agreement pursuant to its statutory authority, under 42 U.S.C. S 12188(b) and 28 C.F.R. S 36.503, to enforce the ADA. The parties to this Agreement enter into this Settlement Agreement in order to avoid litigation. 7. On or about January 10, 1997, the United States received a complaint from Mr. Jay Crane, in which he alleged violations of the title III requirements for auxiliary aids. 28 C.F.R. S 36.303. In particular, the complainant informed the United States that his children are deaf, and that the Hotel Bel- Air failed to provide them with appropriate auxiliary aids and services, including TDD's (Telecommunication Devices for the Deaf), visual alarms to alert them to smoke and fire; visual notification devices to alert them of incoming telephone calls and a door knock or bell; and television decoders and phone amplifiers. The complainant also alleged that there was no TDD at the Hotel Bel-Air front desk. 8. The United States investigated this complaint, pursuant to the authority granted by 42 U.S.C. S 12188(b) and 28 C.F.R. S 36.502. In the course of this investigation, with the cooperation of the Hotel Bel-Air, the United States found alleged violations of title III. 9. Hotel Bel-Air denies that it has violated the ADA. However, in order to resolve this matter and avoid litigation, the hotel has agreed to take the steps outlined below. ACTIONS TO BE TAKEN BY HOTEL BEL-AIR: 10. Hotel Bel-Air agrees to take the steps detailed below to ensure that individuals with disabilities are not discriminated against on the basis of disability in the full and equal enjoyment of the offered goods, services, facilities, privileges, advantages, or accommodations, in accordance with 42 U.S.C. SS 12182(b)(1)(A)(i), (ii); and 28 C.F.R. S 36.202. 11. Hotel Bel-Air shall continue to ensure that it will provide auxiliary aids and services, where such aids and services are necessary to ensure that persons with disabilities are not denied services, segregated, or otherwise treated differently than other individuals, as required by 42 U.S.C. S 12182(b)(2)(A)(iii) and 28 C.F.R. 36.303, unless to do so would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered, or would result in an undue burden to Hotel Bel-Air. 12. The Hotel Bel-Air represents to the United States that to comply with Sections 9.1.2 and 9.1.3 of Title 28 of the Code of Federal Regulations, it has purchased 9 TDD's, as well as an additional TDD which is permanently installed at the front desk. The Hotel has also purchased 9 flashing alarms (to alert deaf and hard-of-hearing guests of visitors to their room(s) and telephone calls), and 9 flashing alarms (to alert deaf and hard-of-hearing guests of smoke or fire), as well as televisions with built-in decoders. 13. Hotel Bel-Air represents that in compliance with Section 9.3 of Title 28 of the Code of Federal Regulations, they currently have a minimum of 9 auxiliary visual alarms (smoke detectors) that comply with Section 4.28.4, and that notification devices which alert deaf and hard of hearing guests of visitors to their room(s) and telephone calls shall not be connected to these auxiliary visual alarms. In addition, Hotel Bel-Air agrees that all permanently installed telephones referenced above shall have volume controls complying with Section 4.31.5 of the Standards, and that an accessible electrical outlet shall be provided within 4 feet of a telephone connection to facilitate the use of a text telephone. 2 14. Hotel Bel-Air acknowledges that these purchases do not constitute a fundamental alteration or undue burden. In addition, Hotel Bel-Air shall make a good-faith effort to make arrangements to rent or share additional TDD's upon request in order to ensure that deaf or hard of hearing guests are not denied services, segregated, or otherwise treated differently than other individuals. Such requests for TDD's must be honored within two hours of receiving the request. Hotel Bel-Air recognizes that it is the hotel's responsibility to monitor requests for TDD's to ensure that it has a sufficient supply of such devices. Hotel Bel-Air also agrees to acquire additional TDD's if an increase is necessary to meet actual demand. 15. As evidence of its good-faith effort to resolve the complaint filed with the Department of Justice, within fourteen days of the effective date of this agreement Hotel Bel-Air shall pay the complainant $5000. Hotel Bel-Air will provide the United States with written notice of the completed payment within five business days of their completion. 16. The parties acknowledge that the United States is authorized, pursuant to 42 U.S.C. S 12188(b)(1)(B), to bring a civil action under Title III, enforcing the ADA 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, the United States agrees to refrain from filing a civil suit in this matter. 17. This Agreement is limited to the facts and allegations set forth within it. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement is limited to the alleged violations of the ADA by Hotel Bel-Air or by any owners, operators, lessors, and/or lessees of Hotel Bel-Air. 18. If the United States determines that the Hotel Bel-Air has failed to comply with any provision of this Agreement, the United States shall provide the Hotel Bel-Air with written notification of the alleged violation. The Hotel Bel-Air shall have seven days to cure the alleged violation. Failure to cure such alleged violation shall constitute a subsequent violation, within the meaning of 42 U.S.C. S 12188(b)(2)(C)(ii) and 28 C.F.R. S 36.504(a)(3)(ii). In the event of a failure to cure the alleged violation within seven days of the receipt of such notice, the Hotel Bel-Air shall be liable to the United States for a civil penalty of no more than $100,000, in addition to any appropriate compensatory damages. 19. Any failure of the United States to enforce any provision herein shall not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement, and 3 invalidation of any particular provision or portion of a provision shall not affect the validity of this Agreement, which shall continue to have full force and effect. 20. In the event that Hotel Bel-Air fails to comply in a timely fashion with any requirement of this Agreement without obtaining advance written Agreement with the United States as to a temporary modification of the relevant terms of the Agreement, all terms of this Agreement shall become immediately enforceable in any United States District Court in which venue lies. 21. This Agreement is a public document. A copy of this document, or any information contained therein, may be made available to any person. Hotel Bel-Air and the United States shall provide a copy of this Agreement to any person or entity upon request. 22. The effective date of this Agreement is the date of the last signature below. 23. This Agreement shall be binding on the United States and on Hotel Bel-Air and its successors in interest, and Hotel Bel-Air has a duty to so notify all such successors in interest. Provided that the United States shall not have commenced any action or proceeding to enforce the terms of this Agreement, or furnished any written notice of non-compliance, by July 26, 1999, then this Agreement and all of the terms contained herein shall terminate, and be of no further force or effect. In the event that the United States has commenced an action or proceeding to enforce the terms of this Agreement, or furnished written notice of non-compliance, this Agreement shall be extended by the time period used to cure the defect and/or enforce the Agreement, as determined by the United States. 24. This Agreement, and any attachments thereto, 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 either party or agents or either party, that is not contained in this written Agreement, shall be enforceable regarding the matters raised herein. 25. This Agreement is limited to the facts set forth within it. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. 4 26. Signers of this Agreement on behalf of the parties represent that they are authorized to bind those parties to this Agreement. Signed: For Kava Holdings, Inc., dba Hotel Bel-Air: Kava Holdings, Inc., dba Hotel Bel-Air Date: 7-7-97 For the United States: Date: 7-10-97 Isabelle Katz Pinzler Acting Assistant Attorney General John L. Wodatch Section Chief Renee M. Wohlenhaus Acting Deputy Section Chief Marc Dubin Trial Attorney Disability Rights Section Civil Rights Division United States Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 202-307-6075 -5-