United States of America v. Employees' Retirement Systems of Alabama, Teachers' Retirement Systems of Alabama, and PCH Hotels & Resorts, Inc. - Consent Decree

BACKGROUND

1. Plaintiff United States of America (“United States”) commenced this action against Defendants Employees’ Retirement Systems of Alabama, Teachers’ Retirement Systems of Alabama (collectively “RSA”), and PCH Hotels and Resorts, Inc.to enforce the Americans with Disabilities Act of 1990 (“ADA”), pursuant to 42 U.S.C. § 12188(b)(1)(B), with respect to the Battle House (“the Hotel”) located at 26 North Royal Street, Mobile, Alabama 36602, and the RSA Battle House Tower (“the Tower”) located at 11 North Water Street, Mobile, Alabama 36602. 

2. The complaint alleges that Defendants own and operate the Hotel and that they have violated Title III of the ADA, 42 U.S.C. §§ 12181-89, and the Department of Justice’s implementing regulation, 28 C.F.R. Part 36, by, among other ways, failing to make the Hotel and its amenities, including its restaurants, spa, and pool, readily accessible to and usable by individuals with disabilities.  The complaint also alleges that, in making alterations to the Hotel during its renovation, Defendants failed to ensure that the altered portions of the building are readily accessible to the maximum extent feasible, see 28 C.F.R. § 36.402; and failed to ensure that the paths of travel to altered areas are readily accessible to the maximum extent feasible, see 28 C.F.R. § 36.403.

3. This matter was initiated by a complaint filed with United States by a person who uses a wheelchair.  The complainant alleged that the Hotel discriminated against her on the basis of her disability because the Hotel, its restaurants, and amenities were not readily accessible to and usable by her and other individuals with disabilities. 

4. The United States investigated the complaint pursuant to its authority under 42 U.S.C. § 12188(b)(1)(A)(i).  Defendants cooperated fully with the investigation, and demonstrated throughout the process a strong commitment to ensuring that the Battle House be accessible to all persons with disabilities.

5. Although Defendants deny liability for any violation of Title III of the ADA with respect to the Hotel, they have consented to the entry of this Consent Decree without trial or adjudication of any issues of fact or law and without this Consent Decree constituting an admission by Defendants with respect to any such issue of fact or law.

6. The United States and Defendants agree that settlement of these matters without further litigation is in the public interest and that the entry of this Consent Decree is the most appropriate means of resolving these matters.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED as follows:

I. JURISDICTION AND VENUE

7. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 12188(b)(1)(B) and 42 U.S.C. §§ 1331 and 1345.

8. Venue lies in the Southern District of Alabama pursuant to 28 U.S.C. § 1391(b) because the Hotel is located within this District and the acts of discrimination alleged in the complaint in this case occurred in this District.

II. APPLICATION AND PARTIES BOUND

9. This Consent Decree shall be binding on Defendants, their agents, and their employees.  This Consent Decree shall also be binding on all of Defendants’ successors and assigns.  Defendants must promptly notify, in writing, all successors and assigns of the existence of this Consent Decree and its contents.

10. The Hotel is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7) because, among other things, it is an “inn, hotel, motel, or other place of lodging.”  42 U.S.C. § 12181(7)(A); see 28 C.F.R. § 36.104.

11. Defendants are governed by Title III of the ADA because, as owners and operators of the Hotel, they operate the Hotel, a place of public accommodation.  See 42 U.S.C. § 12182(a); 28 C.F.R. § 36.104.