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

V. ACTIONS TO REMEDY NONCOMPLIANCE WITH ACCESSIBILITY REQUIREMENTS

15. Defendants shall make all architectural modifications in compliance with the ADA and its implementing regulation and the 2010 ADA Standards for Accessible Design (“Standards”).  See 28 C.F.R. § 36.104 (defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained in subpart D of 28 C.F.R. part 36).

16. Modifications to be completed within six months:  As agreed between the parties, within six months of the date of entry of this Consent Decree, Defendants shall make the following physical, operational, and other modifications necessary to bring the Hotel, and its goods, services, facilities, privileges, advantages, and accommodations into compliance with the ADA Title III regulation and 2010 Standards, unless otherwise agreed to by the Parties in writing:

A. Entrances:

(1) Royal Street Accessible Entrance and Guest Pull-up Space – Defendants will reconstruct the curb and sidewalk to meet 2010 Standards §§ 206.2.1, 209, 402.2, 405, 406, and 503.3.  Defendants have already developed architectural plans to use in reconstructing the curb and sidewalk.

(2) St. Francis Street Exterior Route to Existing Parking Deck, Pool, Fitness Center, and Spa – Defendants will provide an accessible route from the parking deck to the pool, fitness center, and spa.  Defendants plan to meet this requirement by installing a demarcated crosswalk across St. Francis Street, leading from the entrance to the St. Francis Street parking garage, spa, and pool to the St. Francis Street accessible entrance to the Hotel.  Installation of the crosswalk is conditioned upon approval by the City of Mobile, which Defendants will seek.

B. Interior Ramps

(1) Royal Street Entrance Interior Ramp - Defendants will rebuild this ramp so that it meets 2010 Standards §§ 206.2.4 and 405.

(2) Dauphin Street Lobby Interior Ramp - Defendants will rebuild this ramp so that it meets 2010 Standards §§ 206.2.4 and 405.

(3) Third Floor North Corridor (Route to Fitness Center, Pool, and Spa) - This corridor will be modified so that its running slope does not exceed 1:20 (5%) or 1:12. Portions of the corridor with a running slope between 1:20 and 1:12 shall comply with all requirements for ramps, including level landings and handrails. 2010 Standards §§ 206.2.4, 403.3, and 405.

C. Interior Route from St. Francis Street Accessible Entrance to Main Hotel Lobby:

(1) Defendants will provide an accessible opening through the wall north of the glass wall which separates the pre-function room of the Crystal Ballroom from the Tower lobby, thus providing an accessible route to the Hotel Lobby that coincides closely with the route used by the general public.  2010 Standards §§ 206.2.4 and 206.3.

D. Signage

(1) Defendants will install directional signage to indicate accessible entrances, and the routes from inaccessible entrances to designated accessible entrances. Interior signage will indicate the accessible route from accessible entrances to various locations throughout the Hotel. Such signage shall use the International Symbol of Accessibility. Existing tactile signage will be relocated to between 48 inches measured to the baseline of the lowest tactile character and 60 inches measured to the baseline of the highest tactile character above the finish floor surface. 2010 Standards §§ 206.4, 216.2, 216.6, 404.1, 703.2, 703.4, 703.5, and 703.7.2.1.

E. Door Pressure

(1) Defendants will perform door force checks on all public access doors and will adjust or modify as necessary to ensure that they do not require more than five (5) pounds of force to open, except as to fire doors and exterior doors.  2010 Standards §§ 206.5.2 and 404.2.9(1).

(2) Defendants will formulate and provide to the United States a maintenance policy to provide for periodic door force checks on all public access doors

F. Swimming Pool Entrance and Deck

(1) Defendants will install a self-operated pool lift complying with 2010 ADA Standards §§ 242.2 and 1009.2 at the main swimming pool.

(2) Defendants will modify the transfer wall of the outdoor hot tub spa so as to permit access pursuant to 2010 Standards §§ 242.4 and 1009.4.

(3) An accessible telephone will be added, or the existing phone will be relocated so as to become accessible.  2010 Standards §§ 217.1, 305, 403.5.1, and 704.2.1.

(4) The swimming pool deck ramp, which has an intermediate ramp landing area that is 37 ½  inches long, rather than the required 60 inches, will be supplemented by a platform lift at the North East corner of the pool deck, along with appropriate directional signage.  2010 Standards § 4.10. [sic]

(5) Defendants will modify or replace the current lift installed at the stairs leading from the lobby to the pool so that it can be operated by the user without assistance.  2010 Standards §§ 206.2.2, 206.2.3, 206.7, and 4.10.1. [sic]

G. Women's Spa and Fitness Center Locker Room

(1) Defendants will convert the Swiss shower of the current Royal Suite spa massage treatment room to a roll-in shower, pursuant to 2010 Standards §§ 213.1, 213.2, 213.3.6, and 608.

(2) Thereafter, the Royal Suite will be designated as the accessible spa treatment room and will be made available to customers requiring its accessible features at the same cost as is charged for the standard treatment rooms.

(3) Defendants will install a transfer wall to permit access to the Women's Whirlpool located in the Quiet Room, pursuant to 2010 Standards §§ 242.4 and 1009.4.

(4) Defendants will modify the accessible shower compartment in the Women's Spa Dressing Room to achieve a compliant shower including compliant controls, faucets, shower head, and grab bars. 2010 Standards §§ 213.1, 213.2, 213.3.6, 608, and 609.

(5) Defendants will provide a wall-mounted or fixed bench at least 42 inches long and 20-24 inches deep in the Women's Fitness Center Locker room, the Women's Spa accessible dressing room and the Spa private accessible dressing rooms. Clear space sufficient to allow a person using a wheelchair to make a parallel transfer onto the bench will be provided. 2010 Standards §§ 222.1, 305, 803.4, and 903.

(6) Defendants will ensure that the non-fixed furnishings in the Quiet Room are arranged to provide clear floor space for a wheelchair and an accessible route through the room, and will provide an implementing policy and procedures directive. 2010 Standards §§ 206.2.4, 305, and 403

H. Men's Spa and Fitness Center Locker Room:

(1) Defendants will install a vertical, self-operating lift in the Men's Spa whirlpool in order to permit access for persons with disabilities. 2010 Standards §§ 242.4 and 1009.2.

(2) Defendants will convert the accessible shower compartment in the Men's Spa Dressing Room and Men's Fitness Center Locker room to a compliant shower including compliant controls, faucets, shower head, and grab bars. 2010 Standards §§ 213.1, 213.2, 213.3.6, 608, and 609.

(3) Defendants will provide a wall-mounted or fixed bench at least 42 inches long and 20-24 inches deep in the Men's Fitness Center Locker room, and the Men's Spa accessible dressing room. Clear space sufficient to allow a person using a wheelchair to make a parallel transfer onto the bench will be provided. 2010 Standards §§ 222.1, 305, 803.4, and 903.

I. Public Toilet Rooms:

(1) In all public and common use toilet rooms throughout the Hotel and the Tower, Defendants will provide at least one lavatory with a counter-top that is 34 inches above the finish floor surface. 2010 Standards §§ 213.3.4 and 606.3.

(2) In all public and common use toilet rooms, Defendants will provide at least one full length mirror or one lavatory or countertop mirror mounted no higher than 40 inches the finish floor surface to the bottom edge of the reflecting surface. 2010 Standards §§ 213.3.5 and 603.3.

(3) Defendants will ensure that there is an accessible basket of paper towels or paper towel dispensers that comply with 2010 Standards §§ 205.1 and 309.4 in all public and common use toilet rooms.

17. Modifications to be completed within one year: As agreed between the parties, within one year of the date of entry of this Consent Decree, Defendants shall make the following physical, operational, and other modifications:

J. Valet Parking and New Parking Garage

(1) Defendants are currently in the process of constructing a new parking garage located on South Royal Street to the immediate south of the Hotel. This garage will serve the Hotel and the Tower. Defendants agree to construct accessible parking spaces, entrances, and routes of travel as required by 2010 Standards §§ 208.1, 208.2, 208.2.4, 208.3.1, and 502.1-503.5, and to erect appropriate signage designating the same.

(2) Defendants agree to institute a Valet Parking Policy which will allow vehicles modified for usage (such as hand controls) by individuals with disabilities the option to park those vehicles themselves.

K. Dauphin Street Accessible Entrance and Passenger Loading Zone

(1) Defendants will reconstruct the driveway, sidewalks, and entrance ramp of the Dauphin Street Entrance to the Tower to meet 2010 Standards §§ 206.2.1, 206.2.4, 209, 403.3, 403.4, and 405.7.1.

L. Accessible Guest Rooms

(1) Defendants will have 12 designated accessible rooms/ suites that comply with the 2010 Standards dispersed among the various classes of accommodations as follows: a) seven standard rooms (two in the historic section of the Hotel and five in the Tower section of the Hotel); b) one Executive Queen Suite; c) two Executive King Suites; d) the Governor's Suite made accessible via the accessible connecting room provided to guests with disabilities at no extra charge upon reservation of the Governor's Suite; and e) a hospitality suite. The two Executive King Suites will be made available to individuals with disabilities requesting a regular accessible King Suite at the same prices as a King Suite.

(2) All designated accessible rooms and/or suites and their bathroom will be brought into compliance with 2010 Standards. See, inter alia, 2010 Standards §§ 224.2-5, 309.4, 604.3, 605.3, 607.4.2, 607.5, 609.4, 610.2, 806.2.4, and 806.3.2.

3) To increase accessibility for individuals who are deaf, hard of hearing, or have speech impairments, the Hotel will provide a total of 17 rooms/suites with communication features, including visual alarms, notification devices, and a TDD machine for each room. 2010 Standards §§ 224.2, 806.3.2, and Table 224.4. At least seven (7) guest rooms with mobility features will provide communication features.