St. Thomas Skyride consists of the Tramway; Base Station where the ride begins and ends; Summit Station where the passengers get off the Tramway to shop, eat, enjoy the view, and browse at Paradise Point until they are ready to return to the Base station. These facilities are places of public accommodation covered by title III of the ADA. See 42 U.S.C. § 12181(7)(B) and ( C ); 28 C.F.R. §36.104. The Base Station and Summit Station were constructed after the effective date of title III's provisions for new construction. Therefore, they are required to comply strictly with the ADA Standards for Accessible Design (ADA Standards), 28 C.F.R. pt. 36, App. A. Paradise Point was constructed before the effective date of title III's provisions for new construction. It contains architectural barriers to access, and removal of these barriers is readily achievable.
Standards §§ 4.1.3(11) and 4.22.1, including correcting and complying with the following:
The maneuvering space on the latch side of the door is 12 inches from the latch to the edge of the lavatory, and a minimum of 18 inches is required at the latch pull side of a door with a forward approach. Standards §§ 4.1.3.(11), 4.22.2, 4.13.6 and figure 25 (a).
The toilet room door swings into the 30 inch wide by 48 inch deep minimum clear floor space required at the lavatory. Standards §§ 4.1.3(11) and 4.22.2.
The toilet room is not large enough to provide an unobstructed turning space at least 60 inches in diameter or a t-shaped space complying with the Standards figure 3 (a) and (b).
The clear floor space at the toilet is 33 inches wide and 58 inches deep. A minimum clear floor space of 48 inches wide by 66 inches deep is required for a forward approach. Standards §§ 4.1.3.(11), 4.22.2., 4.16.2 and figure 28.
The toilet lacks a side and rear grab bar as required by Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.1 and figure 29 (a) and (b).
The height of the toilet seat, location of the flush control, and location of the toilet paper space dispenser must comply with Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.16.5 and 4.16.6.
The height and knee clearance of the lavatory, type of faucet, insulation and configuration of the hot water and drain pipes, and the height of the mirror (if provided) must comply with the Standards §§ 4.1.3(11), 4.22.6, 4.19.2, 4.19.4, 4.19.5 and 4.19.6.
The concrete ramp, which is surrounded by risers and two sets of stairs, is extremely steep with a slope of 1:7.9, which exceeds the maximum allowed of 1:12. Standards §§ 4.1.2(1), 4.3.7, 4.8.2.
The ramp lacks handrails on both sides, as required by Standards §§ 4.1.2(1), 4.3.7, 4.8.5, 4.26.1, and edge protection, as required by Standards §§ 4.1.2(1), 4.3.7 and 4.8.7.
The handrails on both sides of the stairway with nine risers does not extend 12 inches beyond the top riser as required by Standards §§ 4.1.3(4), 4.9.4(2) and 4.26.1.
Assistant U.S. Attorney
District of the Virgin Islands
Ron deLugo Federal Building
5500 Veterans Drive, Suite 260
St. Thomas, V.I. 00802-6424
Dean Luke/Ruth Ann Magnuson, Esq.
9617 Estate Thomas
Skyride Mall, 2nd Floor
St. Thomas, V.I. 00802
Agreed and Consented to by:
FOR TRAMCON, INC.
April 25, 2011
FOR THE UNITED STATES OF AMERICA
RONALD W. SHARPE
April 27, 2011