1 JANET RENO

Attorney General
2
DEVAL L. PATRICK
3 Assistant Attorney General
Civil Rights Division
4
JOHN L. WODATCH, Chief
5 Disability Rights Section
Civil Rights Division
6
ALYSE S. BASS
7 THOMAS M. CONTOIS
Attorneys
8 Disability Rights Section
Civil Rights Division
9 U.S. Department of Justice
Post Office Box 66738
10 Washington, D.C. 20035-6738
(202) 616-9511
11
For United States of America
12
KEN BAKER
13 Attorney for Dilip Patel
40 Constitution Drive, Suite D
14 Chico, California 95973
(916) 898-1488
15
For Defendant Dilip Patel
16
17 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
18
19 UNITED STATES OF AMERICA, )
)
20 Plaintiff, )
)
21 ) No.: CIV-S-96 260 WBS GGH
v. )
22 )
) CONSENT ORDER AND FINAL
23 DAYS INNS OF AMERICA, INC, ) JUDGMENT DISMISSING
HOSPITALITY FRANCHISE ) CLAIMS OF THE UNITED
24 SYSTEMS, INC., ) STATES AGAINST DILIP
 DILIP PATEL, ) PATEL
25 IYER & ASSOCIATES, and )
R.E. HUFFMAN, INC., )
26 )
Defendants. )
27 )
28 -1-
01-01133

1
CONSENT ORDER AND FINAL JUDGMENT DISMISSING CLAIMS
2 OF THE UNITED STATES AGAINST DEFENDANT DILIP PATEL
3
4 A. Background
5 1. On February 8, 1996, the United States filed an action
6 to enforce title III of the Americans with Disabilities Act of
7 1990 (the "ADA"), 42 U.S.C. SS 12181 through 12189, against,
8 among others, Dilip Patel, ("Patel"), the owner of a Days Inn
9 hotel at 475 North Humboldt, Willows, California, ("the hotel" or
10 the "Willows Days Inn").
11 2. On or about October 31, 1994, representatives of the
12 United States Department of Justice, Civil Rights Division,
13 ("Department"), visited and inspected the Willows Days Inn, as
14 part of an investigation of the hotel conducted pursuant to the
15 Department of Justice's authority to review the compliance of
16 entities covered by title III of the ADA, 42 U.S.C.
17 S 12188(b)(1)(A)(i).
18 3. As a result of its investigation, including its
19 inspection of the hotel, the Department identified several
20 features, elements, and spaces of the Willows Days Inn which
21 failed to comply with the ADA's Standards for Accessible Design,
22 28 C.F.R. Part 36, Appendix A ("the Standards"). A list of the
23 features, elements, and spaces of the hotel which did not comply
24 with the Standards is attached hereto as Exhibit 1.
25 4. In an effort to resolve their differences
26 expeditiously, plaintiff United States and defendant Patel have
27 engaged in good faith negotiations. As a result of those
28 -2-
01-01134
1 negotiations, those parties have agreed to enter into this
2 jointly proposed Consent Order and Final Judgment Dismissing
3 Claims of the United States Against Defendant Dilip Patel.
4 5. As specified below, defendant Patel has agreed to
5 remedy the violations of the Standards set out in Exhibit 1.
6 B. Agreement of the Parties
7 Accordingly, by consent of plaintiff United States and
8 defendant Patel, it is hereby ORDERED and DECREED that:
9 1. This Court has jurisdiction of this action under
10 42 U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345.
11 The Court may grant declaratory and other relief pursuant to 28
12 U.S.C. SS 2201 and 2202.
13 2. Venue is proper in this district.
14 3. The Willows Days Inn is a non-residential facility
15 whose operations affect commerce. As such, it is a commercial
16 facility within the meaning of section 303(a) of the ADA. 42
17 U.S.C. S 12183(a). In addition, because the Willows Days Inn is
18 a place of lodging, it is also a public accommodation within the
19 meaning of section 303(a) of the ADA. Id.
20 4. The last building permit for the Willows Days Inn was
21 applied for on or about March 2, 1993.
22 5. The first certificate of occupancy for the Willows Days
23 Inn was issued on or about September 30, 1993.
24 6. Defendant Patel is an individual who owns the Willows
25 Days Inn. Defendant Patel, acting as one of two shareholders in
26 a corporation, "HK and Family Inc., Days Inn," which formerly
27 owned the Willows Days Inn, initiated, contracted for, or
28 -3-
01-01135

1 participated in all aspects of the design and construction of the

2 hotel.
3 7. The Willows Days Inn is not readily accessible to or
4 usable by individuals with disabilities, as required by section
5 303(a)(1) of the ADA, 42 U.S.C. S 12183(a)(1). The hotel fails
6 in numerous respects to comply with the Department's regulation
7 implementing title III of the ADA, 28 C.F.R. Part 36, including
8 the Standards for Accessible Design. See 28 C.F.R. SS 36.401,
9 36.406.
10 8. The failures of defendant Patel to design and construct
11 the Willows Days Inn to be readily accessible to and usable by
12 individuals with disabilities constitute a pattern or practice of
13 discrimination within the meaning of 42 U.S.C.
14 S 12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a).
15 9. The failures of defendant Patel to design and construct
16 the Willows Days Inn to be readily accessible to and usable by
17 individuals with disabilities constitute unlawful discrimination
18 that raises an issue of general public importance within the
19 meaning of 42 U.S.C. S 12188(b)(1)(B)(ii) and 28 C.F.R.
20 S 36.503(b).
21 10. Not later than October 1, 1997, defendant Patel will
22 remedy the failures to comply with the Standards. The specific
23 actions to be taken, and, where appropriate, the architectural
24 plans to be followed, by the defendant to remedy the failures to
25 comply with the Standards identified in Exhibit 1 are set forth
26 in Exhibit 2.
27
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01-01136

1 11. Not later than November 1, 1997, defendant Patel shall

2 provide to counsel for the United States a report on the status
3 of their compliance with this order. The report shall indicate
4 which steps specified in Exhibit 2 have been completed. If any
5 steps have not been completed, the report shall so indicate and
6 explain why such steps have not been completed.
7 12. The parties shall negotiate in good faith to resolve
8 any dispute relating to the interpretation or implementation of
9 this order before bringing the matter to the Court's attention.
10 13. The Court shall retain jurisdiction of this action to
11 enforce the provisions of this order through November 1, 1998,
12 after which time all of its provisions shall be terminated,
13 unless the Court determines that it is necessary to extend any of
14 its requirements, in which case those requirements shall be
15 extended.
16 14. This agreement shall govern the compliance of defendant
17 Patel with the ADA's Standards for Accessible Design at the
18 Willows Days Inn. This agreement does not address, and shall not
19 be construed to address, any other issues of ADA compliance at
20 the Willows Days Inn, or at any other commercial facility or
21 place of public accommodation designed and constructed by
22 defendant Patel; or owned, operated, leased, or leased to the
23 defendant, or any other violations of federal law.
24 15. Defendant Patel shall comply with the ADA Standards in
25 any future involvement in the design and construction of a public
26 accommodation or commercial facility.
27
28 -5-
01-01137
 16. This instrument reflects the entire agreement between
the parties.
SO ORDERED this 13th day of May, 1996.
United States District Judge
AGREED AND CONSENTED TO:
For Plaintiff United States of America:
ALYSE S. BASS
TOM CONTOIS
Attorneys
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
Post Office Box 66738
Washington, D.C. 20035-6738
(202) 616-9511
For Defendant Dilip Patel
Mr. KEN BAKER
Attorney for Dilip Patel
40 Constitution Drive, Suite D
Chico, California 95973
(916) 898-1488
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01-01138
1 EXHIBIT 1
2 Failures of the Willows Days Inn to comply with the ADA's
Standards for Accessible Design as identified by the U.S.
3 Department of Justice
4
1. Parking and passenger loading zone violations
5
a. There are no accessible parking spaces. There are 56
6 spaces in the lot; the Standards require three accessible
spaces, including at least one van accessible space.
7 Standards S 4.1.2(5). While two spaces are designated
accessible, neither complies with the requirements of the
8 Standards, as specified in items 1.b. and c., below.
9 b. Neither of the spaces designated accessible is on the
shortest accessible route to the guest rooms designated
10 accessible. Standards S 4.6.2.
11 c. One of the spaces designated accessible is not flat and
level. Standards S 4.6.3.
12
d. There is no van accessible parking space. Neither of the
13 spaces designated accessible has an access aisle 96"
wide, and neither has a sign designating it as "van
14 accessible." Standards SS 4.1.2(5), 4.6.4(a).
15 e. The passenger loading zone at the front entrance to the
hotel lobby does not have a demarcated access aisle.
16 Standards S 4.6.6.
17 2. Exterior route violations
18 a. There is no accessible route connecting the swimming pool
to the rooms designated accessible. Standards
19 SS 4.1.2(2), 4.3.
20 3. Violations at exterior and interior stairs and areas of rescue
assistance
21
a. Nosings on all the exterior stairs project beyond the
22 maximum permitted by Standards. Standards S 4.9.3.
23 b. The design of the stairways at the rear of the hotel
reduces vertical clearance adjacent to an accessible
24 route to less than 80", but no barrier to warn blind or
visually-impaired persons is provided. Standards
25 S 4.4.2.
26
27
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01-01139

1 4. Front lobby violations

2 a. The registration desk is too high. Standards S 7.2.
3 b. There is no visual alarm in the lobby. Standards
S 4.28.1.
4
5. Public and common use toilet room violations
5
a. The toilet in the lobby restroom is too far from the side
6 wall. Standards S 4.16.2.
7 b. The grab bar on the side of the toilet in the lobby
restroom does not extend far enough from the rear wall.
8 Standards S 4.16.4.
9 c. The lavatory in the lobby restroom does not provide
adequate knee clearance. Standards S 4.19.2.
10
d. The hot water and drain pipes under the lavatory are not
11 insulated or otherwise configured to protect against
contact. Standards S 4.19.4.
12
6. Violations with respect to guest rooms generally
13
a. The signs for the guest rooms are not mounted on the wall
14 adjacent to the doors. Standards S 4.30.6.
15 b. The guest rooms designated accessible are not dispersed
 among the various classes of sleeping accommodations
16 available to patrons of the hotel, as specified below.
Standards S 9.1.4.
17
i) Both of the guest rooms designated accessible have
18 one king-sized bed. The hotel has other guest
rooms with one queen-sized bed, or two queen-sized
19 beds, or two full-sized beds, but none of these
rooms is accessible.
20
21 ii) At least one guest room has a whirlpool tub. This
room is not accessible.
22
c. There are no rooms with notification devices. Standards
SS 9.1.2, 9.1.3, 9.3.
24 d. The bathroom doors in the rooms not designated accessible
are too narrow. Standards SS 4.13.5, 9.4.
25
26
27
28
-2-
01-01140

1 7. Violations with respect to guest rooms designated accessible

-- Rooms 109 and 111
2
a. The threshold at the doorways of guest rooms 109 and 111
3 are too high. Standards S 4.13.8.
4 b. The operating controls for the drapes and for the wall-
mounted hair dryers at the vanity in guest rooms 109 and
5 111 are too high. Standards S 4.27.3.
6 c. The operating controls for the bedside lamps and heating
and cooling units in guest rooms 109 and 111 require
7 tight grasping, pinching or twisting of the wrist.
Standards S 4.27.4.
8
d. The clothes racks and shelves in guest rooms 109 and 111
9 are too high. Standards S 4.25.3.
10 e. The towel racks the lavatories in guest rooms 109 and 111
are too high. Standards S 4.25.3.
11
f. The bathroom doors in guest rooms 109 and 111 swing into
12 the clear floor space required at the lavatories.
Standards S 4.23.2.
13
g. There is no unobstructed turning space in the bathrooms
14 in guest rooms 109 and 111. Standards S 4.23.3.
15 h. The toilets in the bathrooms in guest rooms 109 and 111
are too close to the side wall. Standards S 4.16.2.
16
i. There is inadequate clear floor space at the toilets in
17 guest rooms 109 and 111. Standards S 4.16.2.
18 j. The bathtubs in guest rooms 109 and 111 have no tub
seats. Standards S 4.20.3.
19
k. The controls for the bathtubs in guest rooms 113 and 115
20 are improperly located. Standards S 4.20.5.
21 l. There is inadequate knee clearance at the lavatories in
guest rooms 109 and 111. Standards S 4.19.2.
22
m. There is inadequate maneuvering space on one side of the
23 bed in guest room 111. Standards S 9.2.2(1).
24 n. There is no accessible route to, and inadequate clear
floor space at the operating mechanism for the heating
25 and cooling unit in guest room 111. Standards SS 9.2.2
(2), 9.2.2(5).
26
27
28
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01-01141

1
EXHIBIT 2
2
3 Actions to be taken by Dilip Patel to remedy
failures to comply with the ADA's Standards for
4 Accessible Design, ("Standards"), as set out in Exhibit 1
5 1. Parking and passenger loading zone violations will be
remedied consistent with the Standards and as shown and
6 noted on "Site Plan," Drawing 1, dated 4-17-96.1
7 a. Three accessible parking spaces, including at least one
accessible space, with access aisles will be provided
8 consistent with the Standards, S 4.1.2(5).
9 b. A new accessible parking space will be located on the
shortest accessible route to the guest rooms designated
10 accessible consistent with Standards, S 4.6.2.
11 c. All of the accessible parking spaces will have a slope
which does not exceed that allowed by the Standards, S
12 4.6.3.
13 d. A van accessible parking space will be provided with an
access aisle 96 inches wide and signage consistent with
14 the Standards, SS 4.1.2(5), 4.6.4(a).
15 e. A demarcated access aisle will be provided at the
passenger loading zone at the front entrance to the
16 hotel lobby consistent with the Standards, S 4.6.6.
17 2. Exterior route violations will be remedied consistent with
the Standards and as shown and noted on "Site Plan," Drawing
18 1, and "Revised First Floor Plan", Drawing 2, dated 4-17-96.
19 a. An accessible route will be provided from the pool to
the accessible rooms consistent with the Standards, S
20 4.1.2(2), 4.3.
21 3. Violations at exterior and interior stairs will be remedied
consistent with the Standards and as shown and noted on
22 "Site Plan," Drawing 1, and "Revised First Floor Plan,"
Drawing 2.
23
a. Nosings on exterior stairs will be modified so that
24 they do not exceed maximum allowable dimensions
consistent with the Standards, S 4.9.3.
25
26
27
1 In the event of a conflict between the Revised Plans and
28 the Standards for Accessible Design, the Standards will control.
01-01142
1 b. Barriers to warn blind or visually impaired persons
will be provided at the underside of the existing
2 stairs consistent with the Standards, S 4.4.2.
3 4. Front lobby violations will be modified consistent with the
Standards and as shown and noted on Drawing 3.
4
a. An additional counter will be installed in the lobby at
5 a maximum height consistent with the Standards, S 7.2.
6 b. A visual alarm connected to the existing alarm system
will be installed in the lobby and in the lobby
7 restroom consistent with the Standards, S 4.28.1.
8 5. Public and common use toilet room violations will be
modified consistent with the Standards and as shown and
9 noted on Drawing 3.
10 a. The toilet will be repositioned to 18 inches from the
sidewall to the center consistent with the Standards,
11 S 4.16.2.
12 b. A grab bar will be repositioned consistent with
appropriate height and length requirements in the
13 Standards, S 4.19.2.
14 c. The lavatory will be repositioned to provide adequate
knee clearance consistent with the Standards, S 4.19.4.
15
d. Insulation will be installed around the drain and hot
16 water pipes consistent with the Standards, S 4.19.4.
17 e. A restroom sign in braille and with raised
characters will be mounted to the side of the
18 lobby toilet room consistent with the
Standards, SS 4.30.4, 4.30.6.
19
6. Violations with respect to guest rooms generally will
20 be remedied consistent with the Standards and as shown
and noted on Drawings 2 & 3.
21
a. Guest room signs in braille and with raised lettering
22 will be re-mounted to the side of the door consistent
with the Standards, SS 4.30.4, 4.30.6.
23
b. Guest rooms will satisfy dispersal requirements of the
24 Standards S 9.1.4.
25 i. Guest rooms designated accessible will be
 reconfigured to provide guests with disabilities
26 with the same range of options available to other
guests consistent with the Standards, S 9.1.4.
27
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01-01143

1 ii. The whirlpool tub will be removed or the whirlpool

function will be rendered inoperable unless the
2 room is made accessible in accord with the
Standards, or unless a tub with whirlpool
3 functions is added to one of the accessible rooms
and made available to an individual with a
4 disability at the standard room rate unless such
individuals specifically request a whirlpool tub.
5
c. The two accessible rooms will meet the requirements of
6 the Standards, S 9.3, for individuals who are deaf or
hard of hearing. In addition, two other rooms will be
7 accessible to individuals who are deaf or hard of
hearing by portable devices made available, upon
8 request, at the front desk and appropriate hardwiring
in the guest rooms to enable the use of these devices.
9 These features will include volume controls on
permanently installed telephones, visual components to
10 the in-room smoke alarms, visual notification devices
that are triggered when the building-wide alarm system
11 is triggered, notification devices for door knock and
telephone bells and an accessible electrical outlet
12 within four feet of the telephone connection for use by
individuals who carry portable TDD devices. All
13 modifications will be consistent with the Standards, S S
4.28.4, 9.1.3, and 9.3.
14
d. The bathroom doors in all first floor guest rooms will
15 be modified to have a clear opening width of no less
than 32 inches consistent with the Standards,
16 S S 4.13.5, 9.4.
17 7. Violations with respect to guest rooms designated accessible
-- Rooms 109 and 111 will be remedied consistent with the
18 Standards and as shown and noted on "Revised First Floor
Plan", Drawing 2, and "Accessible Guest Units," Drawing 3.
19
a. The thresholds for the doorways to Rooms 109 and 111
20 will have a height of no more than 1/2 inch consistent
with the Standards, S 4.13.8.
21
b. Wall-mounted hair dryers in guest rooms 109 and 111
22 will be remounted and drapery control rods will be
lengthened, consistent with the Standards, S 4.27.3.
23
c. Lamp and HVAC controls in guest rooms 109 and 111 will
24 be replaced with accessible controls consistent with
the Standards, S 4.27.4.
25
d. The clothes racks and shelves in guest rooms 109 and
26 111 will be lowered consistent with Standards,
S 4.25.3.
27
28 -3-
01-01144
1 e. Towel racks in guest rooms 109 and 111 will be
repositioned consistent with the Standards, S 4.25.3.
2
f. The bathroom doors in guest rooms 109 and 111 will
3 be removed and new doors will be installed between
the lavatory areas and the sleeping areas to
4 ensure adequate clear floor space at the
lavatories consistent with the Standards,
5 S 4.23.2.
6 g. The bathroom doors in guest rooms 109 and 111 will be
removed and new doors will be installed between the
7 lavatory areas and the sleeping areas to ensure an
unobstructed turning area in the bathroom consistent
8 with the Standards, S 4.23.3.
9 h. The toilets in guest rooms 109 and 111 will be
repositioned consistent with the Standards, S 4.16.2.
10
i. The toilets in guest rooms 109 and 111 shall have
11 required clear floor space consistent with the
Standards, S S 4.23.2, 4.16.2.
12
j. Removable seats will be placed in the bathtubs in guest
13 rooms 109 and 111 consistent with the Standards
S 4.20.3.
14
k. Operating controls for the bathtubs in guest rooms 109
15 and 111 will be relocated consistent with Standards,
S 4.20.5.
16
l. Lavatories in guest rooms 109 and 111 will be modified
17 consistent with Standards, S 4.19.2.
18 m. Furniture in Room 111 will be reconfigured to provide
adequate maneuvering space consistent with Standards,
19 S 9.2.2.
20 n. Furniture in Room 111 will be reconfigured to provide
clear floor space at the operating mechanism for the
21 heating and cooling unit in guest room 111 consistent
with the Standards, S S 9.2.2(2), 9.2.2(5).
22
23
24
25
26
27
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01-01145