SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA,

AND

THE KANSAS CITY DOWNTOWN HOTEL GROUP, LLC

UNDER THE AMERICANS WITH DISABILITIES ACT

IN DEPARTMENT OF JUSTICE COMPLAINT NUMBER

202-43-56


Settlement Agreement | Department of Justice Press Releases



BACKGROUND

  1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (“the Department”) against the Kansas City Downtown Hotel Group, LLC (“the Kansas City Downtown Hotel Group”), owner and operator of the Kansas City Marriott Downtown (“Hotel”) in Kansas City, Missouri. Department of Justice Complaint Number 202-43-56 alleges that certain features of the hotel that were in existence on the effective date of title III were not readily accessible and that certain aspects of the hotel premises constructed since title III’s effective date violate title III and its implementing regulation, including the Standards for Accessible Design (“Standards”), 28 C.F.R. Part 36 App. A. The Department contends that its investigation of the complaint and subsequent compliance review have confirmed these allegations.
  2. The Attorney General is authorized to enforce title III of the ADA by seeking the removal of barriers to access where doing so is readily achievable and by the correction of elements of facilities that were not designed and constructed to comply with the Standards. See 42 U.S.C. § 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. See id. at § 12188(b)(1)(B).
  3. The Hotel is a place of lodging, providing approximately 983 separate sleeping rooms for guests, and as such is a place of public accommodation under title III of the ADA. See 42 U.S.C. § 12181(7)(f). The Hotel consists of two towers, the Marriott and the Muehlebach. According to the Kansas City Downtown Hotel Group, the Marriott Tower was built in 1985 and has not undergone renovations. The original Muehlebach building was built in 1915 and had subsequent additions made to it in the 1950s and 1960s. A portion of the subsequent additions was demolished and a new Muehlebach tower was constructed on the site in 1997. This Agreement addresses compliance issues within each tower separately.
  4. The Kansas City Downtown Hotel Group denies that features of the Hotel violate the Americans with Disabilities Act and/or its implementing regulations, including the Standards. The parties agree that nothing contained in this Agreement shall constitute an admission by the Kansas City Downtown Hotel Group that it has violated the ADA and/or its implementing regulations, including the Standards or that it is required by law to make the changes set forth in this Agreement. In order to avoid the burden and expense of further investigation and possible litigation, the Kansas City Downtown Hotel Group has agreed to enter into this Settlement Agreement. In light of this Agreement, the parties have determined that Department of Justice Matter Number 202-43-56 can be resolved without litigation and have prepared and agreed to the terms of this Settlement Agreement.

AGREEMENT

  1. The Kansas City Downtown Hotel Group and its officers, agents, and employees agree to the following:
    1. to ensure that all future new construction to the Hotel is designed and constructed in compliance with the new construction provisions of the ADA and its implementing regulation, 28 C.F.R. Pt. 36 and App. A.
    2. to ensure that its facilities that were constructed for first occupancy after January 26, 1993, but before May 1, 2007 (“new construction”), comply with the new construction provisions of the ADA and its implementing regulation 28 C.F.R. Pt. 36 App. A;
    3. to ensure that any alterations made after the effective date of this Agreement to any of its covered facilities are, to the maximum extent feasible, readily accessible to, and usable by individuals with disabilities, in compliance with 42 U.S.C. § 12183(a)(2), 28 C.F.R. §§ 36.402 - 36.405.
    4. to comply with the continuing obligation to remove architectural barriers where such removal is readily achievable. 42 U.S.C. § 12182(b)(2)(A)(ii) and (iv);
    5. to maintain in operable working condition those features of facilities and equipment that are required to be accessible by persons with disabilities by the ADA, its implementing regulation, or this Agreement; and
    6. not to discriminate against individuals on the basis of disability in the full and equal enjoyment of the accommodations of the Hotel

MARRIOTT TOWER

  1. Paragraphs 6-10 (and their subparts) identify those facilities, services, or amenities of the Marriott Tower (which was constructed prior to January 26, 1993), that the United States has alleged are or were non-compliant with the ADA. During the investigation and negotiation of this matter, the Kansas City Downtown Hotel Group has taken steps to remove a number of these alleged barriers to access, as stated in paragraphs 6-10. With respect to the remaining alleged barriers at the Marriott Tower the Kansas City Downtown Hotel Group shall complete renovations within 12 months of the effective date of this Settlement Agreement (except where otherwise noted) as also specified in paragraphs 6-10.

Lobby and Front Desk

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a counter at the front desk that is 36 inches in length and a maximum height of 36 inches. Standards § 7.2(2).

First Floor Public Telephones

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a public telephone near the front desk that is equipped with volume control and is hearing aid compatible. Standards §§ 4.1.3(17)(b), 4.31.5.

First Floor Toilet Rooms

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has fully insulated the pipes under the men’s and women’s toilet rooms. Standards § 4.19.4.
    2. As a result of the United States’ investigation, the Kansas City Downtown Hotel Group has advised the Department that it is technically infeasible to provide standard accessible stalls in the women’s and men’s toilet rooms on the first floor, and it has represented to the Department that it has provided fully accessible alternate stalls. Standards § 4.17.3.

12th Street Pub

    1. Provide an accessible route from the floor to the stage that has railings, and edge protection in compliance with the Standards and which has a slope which does not exceed that permitted by the Standards. Standards § 4.3.
    2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has removed the Happy Hour buffet, which was previously accessed only by stairs. Standards § 4.3.
    3. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has moved the cigarette vending machine so that there is adequate maneuvering clearance in front of the women’s toilet room. § 4.13.6.
    4. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided directional signage indicating that there are men’s and women’s accessible public restrooms available to patrons of the 12th Street Pub during all business hours. In addition, the accessible public restrooms include one lavatory in each toilet room with a knee clearance of at least 29 inches high at the front of the lavatory and no less than 27 inches high at a point 8 inches back. Standards § 4.19.2, Fig. 31.

Second Floor Public Telephones

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a house phone that is equipped with volume control and is hearing aid compatible, has provided signage indicating the location of a TTY, and has provided a pay telephone that has volume control and is hearing aid compatible Standards. §§ 4.1.3(17)(b), 4.1.3(17)(c), 4.31.5, 4.31.9.

Second Floor Toilet Rooms

    1. Within 6 months, the Kansas City Downtown Hotel Group will reduce the thresholds of both the men’s and women’s toilet rooms to comply with the Standards. Standards § 4.13.8.
    2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has removed the second door to the men’s toilet room so as to provide adequate space between doors in a series. Standards § 4.13.7.
    3. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a counter in the women’s toilet room that has a knee clearance that is at least 27 inches high. Standards § 4.32.3.
    4. As a result of the United States’ investigation, the Kansas City Downtown Hotel Group has advised the Department that it is technically infeasible to provide standard accessible stalls in the women’s and men’s toilet rooms on the second floor, and it has represented to the Department that it has provided fully accessible alternate stalls. Standards § 4.17.3.
    5. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided insulation for the hot water pipes and drain in the men’s toilet room, as well as faucet handles that do not require tight grasping, pinching, or twisting of the wrist. Standards §§ 4.19.4, 4.19.5.
    6. If there is a fire alarm present in the building, provide a visual fire alarm appliance in the men’s and women’s toilet rooms that is integrated into the building or facility alarm system. Standards § 4.28.3.

Third Floor Public Telephones

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a pay telephone that is equipped with volume control or is hearing compatible, and has provided signage indicating the location of the nearest portable or permanently installed TTY. Standards §§ 4.1.3(17)(b), 4.1.3(17)(c), 4.31.5, 4.31.9.
    2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a house telephone that has sufficient clear floor space to access and is equipped with a cord that is at least 29 inches long. Standards §§ 4.2.5, 4.2.6, 4.31.2, 4.31.3, 4.31.8.
    3. Provide a house phone that is within the reach ranges of the Standards. Also provide a counter with a knee clearance of 27 inches, a top between 28 and 34 inches high, and a depth of 19 inches. Standards §§ 4.2.5, 4.2.6, 4.32.3, 4.32.4.

Third Floor Toilet Rooms

    1. Provide within 24 months, a unisex, accessible toilet room, with directional signage indicating its location, such that all of the room’s elements, including signage, door, and dispensers, comply with the Standards to the maximum extent feasible. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

Fitness Center and Pool

    1. The Kansas City Downtown Hotel Group and the entity currently leasing the fitness center and pool in the Hotel are in the process of determining whether the fitness center and/or pool will remain open. The Kansas City Downtown Hotel Group may eliminate the facilities entirely and/or may eliminate certain of the amenities currently offered in the fitness center and/or pool. Should the fitness center and/or pool remain open, the Kansas City Downtown Hotel Group shall take the actions listed in subparagraphs u-dd below within 36 months of the effective date of this Settlement Agreement unless the particular amenity addressed below has been eliminated entirely.
    2. Provide a counter that is 36 inches in length and a maximum height of 36 inches at the main counter, an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or equivalent facilitation. Standards § 7.2(2).
    3. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has installed an accessible drinking fountain. Standards §§ 4.2.5, 4.2.6, 4.15.2 and Figure 27.
    4. In the men’s and women’s locker rooms, provide a lavatory that has an apron at least 29 inches above the finished floor, insulated hot water and drainpipes, and faucet handles that do not require tight grasping, twisting, or pinching of the wrist. Standards §§ 4.19.2, 4.19.4, 4.19.5 and Figure 31.
    5. Provide a dressing counter so that the bottom is at least 27 inches high with the top between 28 and 34 inches above the finished floor. Standards §§ 4.32.3, 4.32.4.
    6. Provide at least four lockers in each of the men’s and women’s locker rooms that do not require tight grasping, pinching, and twisting of the wrist to operate. Standards § 4.25.4.
    7. In the men’s and women’s locker rooms, provide a closet rod and shelf that are within accessible reach ranges. §§ 4.2.5, 4.2.6.
    8. Provide in the men’s and women’s locker rooms a “standard” accessible toilet stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.17, 4.26, 4.27, Figure 30(a). If provision of a standard stall is technically infeasible or where plumbing code requirements prevent combining existing stalls to provide space, provide an accessible alternate stall in lieu of a standard stall. Standards §§ 4.17.13 In the alternative, provide a unisex, accessible toilet room, with directional signage indicating its location, such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply to the maximum extent feasible with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.
    9. Provide in the men’s and women’s locker room an accessible shower/dressing room. In the alternative, provide one unisex shower/dressing room with: i) a dressing area containing the required maneuvering space and a 24 inch by 48 inch bench mounted to the wall; ii) a shower that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall, OR a shower that is at least 30 inches deep and 60 inches wide containing no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening; and iii) grab bars, controls, a shower spray unit, and a seat, curb, and enclosure that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. The accessible shower/dressing room(s) shall comply, to the maximum extent feasible, with the Standards. Standards §§ 4.35, 4.21, Figs. 35, 36, 37.
    10. The saunas in each locker room are not currently operational and are not being utilized. Should the saunas be made operational and available for use in the future, provide accessible sauna rooms with a threshold no greater than ½ inch, beveled, and with a doorway with a 32 inch clear opening. Standards §§ 4.13.5, 4.13.8.
    11. Provide a paper towel dispenser that is no higher than 48 inches above the finished floor for a front approach or 54 inches above the finished floor for a side approach. Standards §§ 4.2.5, 4.2.6.

MARRIOTT TOWER ACCESSIBLE SLEEPING ROOMS

  1. Within 24 months of the effective date of this Settlement Agreement, the Kansas City Downtown Hotel Group shall provide four additional wheelchair accessible rooms, for a total of 16 wheelchair accessible guest rooms, which shall also be accessible to people with hearing impairments and equally distributed among the different classes of accommodations offered, including king and double beds, and views. Standards §§ 9.1.2, 9.1.4.
  2. In addition to the 16 wheelchair and hearing accessible rooms, within 24 months of the effective date of this Agreement, the Kansas City Downtown Hotel Group shall procure and make available to guests with hearing impairments 12 communication kits. Each kit shall include visual notification devices to alert room occupants of incoming telephone calls and a door knock or bell, and a TTY. Standards §§ 9.1.3, 9.3.1, 9.3.2.
  3. Within 24 months of the effective date of this Settlement Agreement, the Kansas City Downtown Hotel Group will provide one fully accessible two-bay parlor/premier suite that will comply with the Standards to the maximum extent feasible. This room will constitute one of the four wheelchair accessible rooms described in paragraph 7.
  4. Within 24 months of the effective date of this Settlement Agreement, the Kansas City Downtown Hotel Group will remove the following barriers common to each of the existing guest rooms designated for people with disabilities in the Marriott Tower:
    1. Bathrooms
      1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided lever hardware on the door to the bathrooms. Standards §§ 4.1.3(7)(b), 4.13.9.
      2. Provide a toilet so that the top of the seat is between 17 and 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3 & Fig. 29(b).
      3. Provide a side grab bar at the toilet so that the end nearest the back wall is mounted no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4., 4.16.4 & Fig. 29(b).
      4. Provide a rear grab bar at the toilet that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig.29(a).
      5. Provide faucet controls at the tub that are located beneath the front grab bar as shown in Fig. 34 of the Standards. See Standards § 4.20.5 and Fig. 34.
      6. Provide a tub shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower and is mounted on a vertical bar. Also ensure that the shower head is mounted within accessible reach ranges. Standards §§ 4.2.5, 4.2.6, 4.20.6 and Figure 34(a).
      7. Provide seat that is mounted securely to the tub that complies with the Standards. Standards § 4.20.3, and Fig. 33.
      8. Provide a towel rack that is no higher than 48 inches for a forward reach or 54 inches for a side reach. In the alternative, the towel rack may be removed entirely. Standards §§ 4.2.5, 4.2.6, 4.25.3.
      9. Provide grab bars in the tub that comply with Figure 34(a). Standards § 4.20.4.
    2. Bedroom
      1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a closet rod within accessible reach. Standards §§ 4.1.3(12)(a), 4.2.5, 4.2.6, 4.25.3.
      2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided an air conditioning unit control within accessible reach. Standards §§ 4.1.3(12)(a), 4.2.5, 4.2.6, 4.25.

MUEHLEBACH TOWER AMENITIES

  1. Paragraphs 11-14 list those facilities, services, or amenities of the Muehlebach Tower (which was constructed after January 26, 1993) that the United States alleged are or were non-compliant with the ADA. During the investigation and negotiation of this matter, the Kansas City Downtown Hotel Group has taken certain steps to remedy facilities, services, or amenities alleged by the United States to be non-compliant, as stated in paragraphs 11-14 below. With respect to the remaining facilities, services, or amenities of the Muehlebach Tower which the United States has alleged are non-compliant, the Kansas City Downtown Hotel Group shall complete renovations, as listed in paragraphs 11-14, within the time frames listed below.

Lobby Public Telephones

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided house and pay telephones that are equipped with volume control and are hearing aid compatible. Standards §§ 4.1.3(17)(b), 4.31.5
    2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a TTY at the front registration desk, as well as signage to indicate its availability. Standards §§ 4.31.9, 4.30.7.

First Floor Toilet Rooms

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided side and rear grab bars in the designated accessible toilet stalls in the men’s and women’s toilet rooms that are in compliance with the ADA Standards. Standards §§ 4.1.3(11), 4.17.3, 4.17.6, 4.22.4, and Fig. 30(a).
    2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided automatic flush controls in the designated accessible urinal in the men’s toilet room. Standards §§ 4.1.3(11), 4.18.4, 4.22.5.

First Floor Public Telephones

    1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a working TTY and one pay telephone equipped with volume control that is hearing aid compatible. Standards §§ 4.1.3(17)(b), 4.31.5.
    2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has installed a house phone mounted within accessible reach ranges. Standards §§ 4.1.3(17)(b), 4.2.5, 4.2.6, 4.31.3.

MUEHLEBACH TOWER ACCESSIBLE SLEEPING ROOMS

  1. Within 24 months of the effective date of this Settlement Agreement, the Kansas City Downtown Hotel Group shall provide another four wheelchair accessible guest rooms, for a total of 13 wheelchair accessible guest rooms, which shall also be accessible to people with hearing impairments, equally distributed among the different classes of accommodations offered, including king and double beds, and views, in the Muehlebach Tower, which was designed and constructed after January 26, 1993. Standards §§ 9.1.2, 9.1.4.
  2. In addition to the 13 wheelchair and hearing accessible rooms, within 24 months of the effective date of this Settlement Agreement, the Kansas City Downtown Hotel Group shall have another 9 communication kits for the use of guests with hearing impairments. Each kit shall include visual notification devices to alert room occupants of incoming telephone calls and a door knock or bell, and a TTY. Standards §§ 9.1.2, 9.3.1, 9.3.2.
  3. Within 24 months of the effective date of this Settlement Agreement, the Kansas City Downtown Hotel Group will complete the following renovations to each of the existing accessible rooms in the Muehlebach Tower:
    1. Bathroom (Room 1849)
      1. Provide a rear grab bar at the toilet that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig.29(a).
      2. Provide a side grab bar at the toilet that is at least 42 inches long with the end closer to the side wall mounted no more than 12 inches from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig.29(b).
      3. Provide clear floor space at the head of the tub and a seat that is mounted securely to the tub. Standards §§ 4.20.2, 4.20.3, Fig. 33.
    2. Provide an iron that is stored no more than 54 inches high for a side approach. Standards §§ 4.1.3(12)(a), 4.2.6.
    3. Bathroom (Room 941)
      1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided an unobstructed clear floor space of 60 inches wide by 36 inches deep at the roll-in shower. Standards §§ 4.1.3(2), 4.4.1, 4.21.2, Fig. 35(b).
      2. Provide a roll-in shower with a folding seat and grab bars as pictured in Fig. 57(a) or 57(b). Standards § 9.1.2, Fig. 57.

HISTORIC MUEHLEBACH

Men’s Toilet Room

  1. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has made the following modifications to the men’s toilet room near the Historic Lobby, which was constructed before January 26, 1993:
    1. The Hotel has provided a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.
    2. The Hotel has provided a toilet that has a centerline that is 18 inches from the side wall. Standards § 4.17.3 and Fig. 30.
    3. The Hotel has provided a toilet seat in the designated stall that is between 17 and 19 inches above the finished floor. Standards § 4.17.2
    4. The Hotel has installed an automatic flush control on the urinal. Standards § 4.18.4.
    5. The Hotel has provided a mirror with the bottom edge of the reflecting surface mounted no more than 40 inches above the finished floor. Standards § 4.19.6.
  2. As a result of the United States’ investigation and at its request, the Kansas City Downtown Hotel Group has provided a sign at the Pam-Pam Restaurant indicating that assistance will be provided upon request at the self-service counter.

REPORTS

  1. At twelve months after the effective date of this Agreement, and annually thereafter until the termination or expiration of this Agreement, the Kansas City Downtown Hotel Group will submit written reports to the Department summarizing the actions the Kansas City Downtown Hotel Group has taken pursuant to this Agreement. Reports will include photographs showing measurements, and other relevant evidence of actions taken.

ENFORCEMENT

  1. The Department of Justice may review compliance with this Agreement at any time. The Department shall make every effort to conduct any inspection to determine compliance with this Agreement at times that are mutually agreeable to the Kansas City Downtown Hotel Group, so that the Kansas City Downtown Hotel Group can ensure that minimal disruptions to its operations result from such inspections.
  2. If the Department believes that this Agreement or any of the Agreement’s requirements have been violated, the Department and the Kansas City Downtown Hotel Group shall confer in good faith in order to attempt to resolve the issue or alleged violation. If the parties are unable to reach a resolution, after having conferred in good faith, the Department may then institute a civil action in federal district court to enforce this Agreement or the requirements of title III following written notice to the Kansas City Downtown Hotel Group of possible violations and a period of 60 days in which the Kansas City Downtown Hotel Group has the opportunity to cure the alleged violations.
  3. Failure by the Department to enforce this entire Settlement Agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.
  4. This Agreement shall be binding on the Kansas City Downtown Hotel Group, its agents, its employees, and any successors or assigns. In the event that the Kansas City Downtown Hotel Group seeks to transfer or assign the Hotel, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale, the Kansas City Downtown Hotel Group shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.

IMPLEMENTATION

  1. This Agreement is a public agreement.
  2. The effective date of this Agreement is the date of the last signature below.
  3. This Agreement constitutes 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 of either party, that is not contained in this written Agreement, will be enforceable under its provisions. If any term of this Settlement Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the Department of Justice and the Kansas City Downtown Hotel Group shall engage in good faith negotiations in order to adopt amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
  4. This Settlement Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the Kansas City Downtown Hotel Group’s continuing responsibility to comply with all aspects of title III of the ADA, in particular, the obligation to remove barriers to access for people with disabilities where it is readily achievable and to design and construct new facilities in compliance with the ADA, including the Standards.
  5. In consideration of the terms of this Agreement and the Kansas City Downtown Hotel Group’s promises contained herein, the Department of Justice agrees to refrain from undertaking further investigation into or from filing civil suit in this matter at this time, except as provided in paragraph 19.
  6. If modifications to the ADA or its implementing regulations impose obligations on the Hotel that are different from those in effect as of May 1, 2007, then the parties will meet and confer to discuss whether any modifications are necessary to effectuate the terms of the Agreement.
  7. This Settlement Agreement will remain in effect for four years from its effective date.
  8. The person signing this document for the Kansas City Downtown Hotel Group represents that he is authorized to bind the Kansas City Downtown Hotel Group to this Settlement Agreement.

FOR THE KANSAS CITY DOWNTOWN HOTEL GROUP:


___________________________
Kansas City Downtown Hotel Group
by Landmark Hotel Company, Manager
Robert J. Graham
President

FOR THE UNITED STATES:

WAN J. KIM
Assistant Attorney General for Civil Rights


Civil Rights Division

JOHN L. WODATCH, Chief
L. IRENE BOWEN, Deputy Chief
ALYSE S. BASS, Senior Trial Attorney
MICHELE ANTONIO MALLOZZI, Architect
Disability Rights Section - NYA
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Washington, DC 20530


Date             07/18/2007                  

Date            07/20/2007                  

 








November 2, 2007