Return-Path: <[log in to unmask]> Received: from rly-za03.mx.aol.com (rly-za03.mail.aol.com [172.31.36.99]) by air-za01.mail.aol.com (vx) with ESMTP; Fri, 10 Dec 1999 21:03:55 1900 Received: from eop2.eop.gov (eop253.eop.gov [198.137.241.53]) by rly-za03.mx.aol.com (v66.4) with ESMTP; Fri, 10 Dec 1999 21:03:37 -0500 Received: from mhub1.eop.gov ([198.137.241.4]) by EOP.GOV (PMDF V5.2-32 #41140) with ESMTP id <[log in to unmask]> for [log in to unmask]; Fri, 10 Dec 1999 21:03:05 EST Received: from lngate.eop.gov ([165.119.3.231]) by mhub.eop.gov (PMDF V5.2-32 #34437) with SMTP id <[log in to unmask]> for [log in to unmask]; Fri, 10 Dec 1999 21:02:38 -0500 (EST) Received: by lngate.eop.gov(Lotus SMTP MTA SMTP v4.6 (462.2 9-3-1997)) id 85256844.000B1A6F ; Fri, 10 Dec 1999 21:01:16 -0500 Date: Fri, 10 Dec 1999 20:51:57 -0500 From: [log in to unmask] Subject: DOJ Settlement: Days Inn Message-id: <[log in to unmask]> MIME-version: 1.0 Content-type: text/plain; charset=us-ascii X-Lotus-FromDomain: EOP To: undisclosed-recipients:; Content-Transfer-Encoding: 7bit Below please find a press release and fact sheet about a recent case settled by the Department of Justice regarding Days Inn. Congratulations to everyone at DOJ for their work on this case. =========================================== DEPARTMENT OF JUSTICE FOR IMMEDIATE RELEASE CR THURSDAY, DECEMBER 2, 1999(202) 353-8584 WWW.USDOJ.GOVTDD (202) 514-1888 DAYS INN HOTELS TO BECOME MORE ACCESSIBLE UNDER AGREEMENT REACHED WITH JUSTICE DEPARTMENT WASHINGTON, D.C. -- The world's largest hotel chain has agreed to implement a nationwide initiative designed to make hundreds of its new hotels across the country more accessible to persons with disabilities, under an agreement reached today with the Justice Department. The agreement, filed in U.S. District Court in Pikeville, Kentucky, resolves five lawsuits filed by the Justice Department in February 1996. The suits allege that Days Inns of America, Inc, and its parent company, Cendant Corporation (formerly HFS, Inc), violated the Americans with Disabilities Act (ADA) by constructing new Days Inn hotels that denied equal access to persons with disabilities. The ADA requires that those participating in the design and construction of places of public accommodation and commercial facilities, including hotels, motels, inns, and other lodging facilities, to comply with specific architectural guidelines known as the ADA Standards for Accessible Design to ensure that the facilities are readily accessible to and usable by persons with disabilities. "We are pleased that Days Inns will initiate a program to make its recently-built hotels across the country accessible," said Attorney General Janet Reno. "I hope that other hotels and hotel franchises follow Days Inns' example and implement systemwide changes to make each of their facilities fully accessible to persons with disabilities." Under the agreement, Days Inns will: + require new hotels to certify that they are in compliance with the ADA Standards before they open for business as Days Inns; + pay for an independent survey program designed to identify ADA problems at newly constructed hotels; + establish a $4.75 million revolving fund to provide interest-free loans to franchisees of newly constructed hotels to finance repairs and renovations required for ADA compliance; and, + pay $50,000 to the United States. The cases against Days Inns were part of groundbreaking litigation brought by the Justice Department to challenge the failure of some companies to design and construct places of public accommodation and commercial facilities to be readily accessible to and usable by individuals with disabilities, as required by law. Today's agreement ends four years of litigation that followed an 18-month investigation of newly constructed Days Inn hotels across the country. The investigation revealed that the hotels did not meet the ADA's accessibility requirements. Similar accessibility problems existed throughout the chain, including, for example, insufficient accessible parking, inaccessible entrances and walkways at the facilities; inadequate space for persons who use wheelchairs to maneuver in guestrooms and bathrooms; insufficient visual alarm systems for persons who are deaf or hard of hearing; inadequate signage for persons who are blind or have low vision; inaccessible routes throughout the hotels; and guestroom and bathroom doors that are not wide enough to allow wheelchairs to pass inside. "Everyone who participates in the design and construction of a building shares responsibility to follow the law," added Bill Lann Lee, Acting Assistant Attorney General for the Civil Rights Division. "Today's agreement is the result of more than a year of mediation and is an excellent example of how the Civil Rights Division is using mediation to resolve civil rights disputes." The owners, contractors and all but one architect for each of the five hotels named in the lawsuits have already entered into Consent Decrees or settlement agreements with the Department. The agreement announced today resolves the remaining claims against Days Inns of America and Cendant Corporation. To help hotels and hotel chains comply with the ADA, the Department has published three new documents designed to assist hotel owners, franchisors, architects and contractors gain a better understanding of ADA requirements for newly constructed hotels. The publications are: Common ADA Problems at Newly Constructed Lodging Facilities, the ADA Checklist for New Lodging Facilities, and Five Steps to Make New Lodging Facilities Comply with the ADA. Individuals and businesses who are interested in learning more about the Americans with Disabilities Act or obtaining the documents listed above are encouraged to call the Justice Department's toll-free ADA hotline at 1-800-514-0301 (voice) or 800-514-0383 (TDD) and visit the ADA home page at: http://www.usdoj.gov/crt/ada/adahom1.htm ### 99-579 FACT SHEET: JUSTICE DEPARTMENT SETTLEMENT WITH DAYS INN After a year of alternative dispute resolution, the Days Inns of America chain of hotels has agreed to resolve lawsuits brought by the Justice Department alleging that the company violated the Americans with Disabilities Act (ADA) by not building newly constructed hotels that were accessible to persons with disabilities. As a result of the mediation, Days Inns will: + require new hotels to certify that they are in compliance with the ADA before permitting them to open for business using the Days Inn name; + pay for a survey program in which an independent consultant will survey Days Inn hotels constructed after January 26, 1993 and identify ADA problems that must be fixed; + establish a $4.75 million revolving fund that will be used to provide interest-free loans to franchisees of Days Inn hotels built after January 26, 1993 to finance repairs and renovations required for ADA compliance; and + pay $50,000 to the United States. History In 1994, the Justice Department began investigating the Days Inns hotel chain after receiving numerous complaints from persons with disabilities alleging lack of accessibility at Days Inn facilities around the country. Days Inns of America, Inc., (DIA) is the largest franchisor of hotels in the U.S., with 1900 lodging facilities in its system. DIA is a wholly-owned subsidiary of Cendant Corporation (formerly HFS Incorporated). In addition to the Days Inn system, Cendant owns the Ramada, Travelodge, Howard Johnson, Knights Inn, Super 8, Villager Inn, Wingate Inn. In 1994 and 1995, the Department conducted compliance reviews of 30 Days Inn facilities across the country that the Department had identified as "newly constructed" facilities -- facilities designed and constructed for first occupancy after January 26, 1993. All facilities designed and constructed after that date are required to be readily accessible to and usable by individuals with disabilities and must fully comply with the ADA Standards for Accessible Design. The compliance reviews revealed numerous violations throughout every part of every facility reviewed by the Department, including: + Parking areas -- Violations included an insufficient number of accessible parking spaces and access aisles, including van accessible spaces; + Pedestrian walkways -- Violations included abrupt level changes, with no ramps and insufficient curb cuts, which prevent persons who use wheelchairs and other mobility aids from entering the facility safely without having to use the vehicular way; + Entrances -- Violations included inadequate lobby entrances and insufficient maneuvering space; + Signage ? Violations included inadequate signage, and signage that was not placed in the proper location, preventing persons who are blind or have low vision from locating their rooms; + Alarm systems -- Violations included insufficient visual alarms throughout the facilities, which prevent persons who are deaf or hard of hearing from receiving notification of emergencies; + Guestrooms. Violations included a lack of accessible guestrooms, including guestrooms with roll-in showers for wheelchair users, failures to provide different types of guestrooms for people with disabilities so that they have the same range of choices that is available others, and failures to ensure that all doors into and within all guestrooms have 32 inches of clear opening width to allow persons with disabilities to pass through. Following unsuccessful negotiations, the Department filed 5 separate lawsuits regarding Days Inn hotels that failed to comply with the Standards in Willows, California; Champaign, Illinois; Evansville, Indiana; Hazard, Kentucky; and Wall, South Dakota. The lawsuits were filed against the various owners, architects, and contractors for each facility and DIA and Cendant. The Justice Department alleged that each named party was involved in the design and construction of the Days Inns facility in question and each party had liability for the ADA violations present. The owners, contractors and all but one architect named in the five lawsuits have resolved the Department's claims against them. After three years of litigation, the Department, DIA and Cendant mutually agreed to mediate the cases in an effort to bring about a global settlement of all matters. After 13 months of mediation, the agreement was filed in the U.S. District Court in the Eastern District of Kentucky.