Department of Justice
FOR IMMEDIATE RELEASE                                                       CR
THURSDAY, JUNE 26, 1997                                         (202) 616-2765
                                                            TDD (202) 514-1888
          COURT APPROVES AGREEMENT BETWEEN JUSTICE DEPARTMENT AND SOUTH
                             DAKOTA DAYS INN HOTEL
        WASHINGTON, D.C. -- The owners, architect, and contractor of
the Days Inn hotel in Wall, South Dakota, will take steps to make
the hotel more accessible to guests with disabilities under an
agreement reached with the Justice Department.
        The settlement, filed June 5 in U.S. District Court in South
Dakota, resolves the February 1996 suit which charged that the
hotel had not been built according to architectural guidelines
set forth under the Americans with Disabilities Act (ADA). This
case, filed together with similar suits against four other Days
Inn hotels, was the first to be filed by the Justice Department
challenging the construction and design of a building built after
the landmark disabilities law went into effect.
        The five suits alleged Days Inn of America, Inc., its parent
company HFS Incorporated and the owners, architects, and
contractors of each of five individual hotels - in Wall, South
Dakota; Willows, California; Champaign, Illinois; Evansville,
Indiana; and Hazard, Kentucky; - violated the ADA, which requires
parties that "design and construct" new buildings to comply with
                                    (MORE)
01-01323
                                     - 2 -
specific architectural standards ensuring that persons with
disabilities can gain access to hotels.
        "Parties involved in designing and constructing a building
that does not comply with ADA standards for accessibility should
only naturally participate in the remedy," said Isabelle Katz
Pinzler, Acting Assistant Attorney General for Civil Rights who
applauded the cooperation of the parties agreeing to correct ADA
violations at the hotels.
Under this recent settlement, the owners, architect, and
contractor of the Wall hotel have agreed to:
        *       provide parking that is accessible to persons using
                wheelchairs;
        *       provide a path that is accessible from the parking area
                through the entrance of the hotel and public areas to
                guest rooms, including providing accessible toilet
                rooms in the public areas;
        *       provide a choice in room type among accessible rooms
                for guests with disabilities; and,
        *       provide accessible guest rooms which include accessible
                bathrooms.
        Days Inns of America, Inc. and HFS Incorporated have refused
to join in the consent order. That portion of the litigation is
ongoing.
        In addition to the South Dakota agreement, the Justice
Department earlier reached agreements to resolve the lawsuits
against the owners, architects, and contractors in lawsuits in
Willows, California; Champaign, Illinois; and Hazard, Kentucky.
Litigation is ongoing in the Evansville, Indiana case.
                                     (MORE)
01-01324
                                     - 3 -
        Today's agreement stems from an 18-month Justice Department
investigation of 28 newly-built Days Inn hotels which revealed
that all 28 hotels failed to comply with the ADA. The Justice
Department immediately engaged in settlement negotiations with
the parties that designed and constructed the hotels and reached
settlements quickly in many cases.
        In addition to the five matters filed in federal court, the
Department has reached agreements with the owners, architects,
and contractors of Days Inn hotels in Fort Stockton, Texas;
Elberton, Georgia; and Johnson Creek, Wisconsin.
        While Days Inn hotels are not all identical, the Justice
Department investigation discovered similar problems throughout
the chain. These included, among other things, the lack of
accessible parking, entrances, and bathrooms. The Justice
Department also found that guest rooms lacked sufficient space
for wheelchairs, visual alarms for people who are deaf or hard of
hearing, and accessible mechanical switches for things such as
air conditioner controls, lamps, and security latches.
        The ADA, passed in July 1990, prohibits discrimination
against persons with disabilities. Title III of the Act requires
that those building and designing public accommodations,
including hotels and motels, built after January 1993, comply
with certain architectural guidelines known as the ADA's
Standards for Accessible Design. The act also requires that
those who own, operate, or lease public accommodations take steps
                                     (MORE)
01-01325
                                     - 4 -
to make their facilities accessible to people with disabilities.
The statute authorizes the Attorney General to seek a civil
penalty of up to $50,000 for the first offense.
        Days Inn of America and HFS are included in the litigation
because they participate in the design of each hotel by providing
prototype plans, imposing detailed design requirements on all
Days Inn hotels, reviewing and approving the architectural plans
for every hotel prior to construction, and inspecting and
approving completed facilities prior to their opening.
        The Justice Department has engaged in an extensive
nationwide education campaign to inform Americans about their
rights and obligations under the law. Since the law went into
effect, the Department has reached out to builders, architects,
and hotel and motel operators to make certain they know about the
law.
        As part of its public education campaign, the Justice
Department has created a public service announcement advertising
a toll-free ADA hotline and established an ADA home page on the
World Wide Web. The ADA hotline number is 1-800-514-0301 or
(TDD) 1-800-514-0383 and the home page address is
http://www.usdoj.gov/crt/ada/adahom1.htm
                                     # # #
97-266
01-01326
                            UNITED STATES DISTRICT COURT
                             DISTRICT OF SOUTH DAKOTA
                                WESTERN DIVISION
UNITED STATES OF AMERICA,               )
                                        )
                Plaintiff,              )
                                        )
                                        )       No.: CV 96-5012
versus                                  )
                                        )
DAYS INNS OF AMERICA, INC.,             )
HOSPITALITY FRANCHISE                   )
SYSTEMS, INC., RICHARD HAUK,            )
KARLA HAUK, DAVID BAUMANN d/b/a         )
CAD DRAFTING PLUS, and                  )
DOUBLE H ENTERPRISES, INC.,             )
                                        )
                Defendants.             )
                                        )
                CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTS
                  RICHARD HAUK, KARLA HAUK, DAVID BAUMANN d/b/a/
                CAD DRAFTING PLUS, AND DOUBLE H ENTERPRISES, INC.
                                A. Background
        1.      On February 8, 1996, the United States filed an action
to enforce title III of the Americans with Disabilities Act of
1990 (the "ADA" or the "Act"), 42 U.S.C. SS 12181 through 12189,
against Days Inns of America, Inc., the licensor of the Days Inn
chain of hotels, HFS Incorporated, the parent company of Days
Inns of America, Inc., Richard and Karla Hauk, the owners of a
Days Inn hotel on 10th Avenue in Wall, South Dakota ("the hotel"
or the "Wall Days Inn"), David Baumann d/b/a CAD Drafting Plus,
the architect of and for the Wall Days Inn, and Double H
Enterprises, Inc., the general contractor for the Wall Days Inn.
        2.      On or about September 1, 1994, representatives of the
United States Department of Justice (the "Department") visited
01-01327
and inspected the Wall Days Inn, as part of an investigation of
the hotel conducted pursuant to the Department's authority to
review the compliance of entities covered by title III of the
ADA, 42 U.S.C. S 12188(b)(1)(A)(i).
        3.      As a result of its investigation, including its
inspection of the hotel, the Department identified several
features, elements, and spaces of the Wall Days Inn which the
Department contends fail to comply with the ADA's Standards for
Accessible Design, 28 C.F.R. Part 36, Appendix A (the
"Standards"). A list of such features, elements, and spaces of
the hotel is attached hereto as Exhibit 1.
        4.      In an effort to resolve this matter, plaintiff United
States and defendants Richard and Karla Hauk ("the Hauks"), David
Baumann d/b/a CAD Drafting Plus ("Baumann"), and Double H
Enterprises ("Double H"), have agreed to enter into this jointly
proposed Consent Order and Final Judgment as to defendants
Richard and Karla Hauk, Baumann, and Double H. This agreement
represents compromises of disputed claims, and does not
constitute, and should not be construed to be, an admission of
liability on the part of any defendant.
                                     - 2 -
01-01328
                B.      Agreement of the Parties
        Accordingly, by consent of plaintiff United States and
defendants the Hauks, Baumann, and Double H, it is hereby ORDERED
and ADJUDGED that:
        1.      This court has jurisdiction of this action under 42
U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345. The
court may grant declaratory and other relief pursuant to 28
U.S.C. SS 2201 and 2202.
        2.      Venue is proper in this district.
        3.      The Wall Days Inn is a non-residential facility whose
operations affect commerce. As such, it is a commercial facility
within the meaning of section 303(a) of the Act. 42 U.S.C.
S 12183(a). In addition, because the Wall Days Inn is a place of
lodging, it is also a public accommodation within the meaning of
section 303(a) of the Act. Id.
        4.      The last building permit for the Wall Days Inn was
applied for on or about December 8, 1992.
        5.      No certificate of occupancy for the Wall Days Inn was
required or issued. Construction was completed and the hotel was
first occupied on or after July 1, 1993.
        6.      Defendants Richard and Karla Hauk are individuals who
own the Wall Days Inn. The Hauks initiated, contracted for, or
participated in the design and construction of the hotel.
        7.      Defendant Baumann is an individual engaged in the
business of providing architectural and drafting specification
services. Baumann participated in the design and construction of
                                     - 3 -
01-01329
the Wall Days Inn by designing the hotel. Baumann disputes this,
and contends that he is not a proper party to this action. The
parties agree that this issue will be waived by Baumann for
purposes of compromising and settling this action only, but that
the same shall not constitute a waiver or admission for purposes
of any other action to which Baumann is or may be in the future
made a party.
        8.      Defendant Double H is a private entity engaged in the
business of providing general contracting services. Double H
participated in the construction of the Wall Days Inn by
constructing the hotel.
        9.      The Department contends that the Wall Days Inn is not
readily accessible to or usable by individuals with disabilities,
as required by section 303(a)(1) of the Act, 42 U.S.C.
S 12183(a)(1). The Department contends that the hotel fails in
numerous respects to comply with the Department of Justice's
regulation implementing title III of the ADA, 28 C.F.R. Part 36,
("the regulation"), including the Standards for Accessible
Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28
C.F.R. S S 36.401, 36.406. A list of features, elements, and
spaces of the hotel which the Department contends do not comply
with the Standards is attached hereto as Exhibit 1.
        10.     The Hauks agree to remedy several of the items set out
in Exhibit 1; the steps they agree to take are set out in
Exhibit 2, which is numbered to correspond to Exhibit 1. The
                                     - 4 -
01-01330
Hauks further agree that all steps specified in Exhibit 2 shall
be completed by April 30, 2000.
        11.     Baumann agrees to remedy item 8.d. set out in Exhibit
1. The steps Baumann agrees to take are set out in Exhibit 2, in
item 8.d., and shall be completed by April 30, 2000. Baumann
shall have no further obligations under the terms of this Order.
        12.     Double H agrees to pay to the Hauks the sum of four
thousand dollars ($4,000.00), which sum shall represent Double
H's participation in the effort to address the items set out in
Exhibit 1. Double H shall pay such sum to the Hauks in four
equal installments, with the first payment made on or before the
date six months after the effective date of this agreement, and
each subsequent payment at six month intervals thereafter, except
that the final payment shall be made on or before December 31,
1999. Upon payment of the final installment, Double H shall have
no further obligations under the terms of this Order.
        13.     Not later than June 1, 1998, the Hauks shall provide to
counsel for the United States a report on the status of their
compliance with those portions of this order for which they are
responsible. The report shall indicate which steps specified in
Exhibit 2 have been completed.
        14.     Not later than June 1, 2000, the Hauks shall provide to
counsel for the United States a final report on the status of all
parties' compliance with this order. The report shall indicate
which steps specified in Exhibit 2 have been completed. If any
steps specified in Exhibit 2 have not been completed, the report
                                     - 5 -
01-01331
shall so indicate and explain why such steps have not been
completed.
        15.     In the event that the United States secures a judgment
or settlement requiring Days Inns of America, Inc. (DIA), or HFS
Incorporated (HFS), or both of them, to undertake or offer to
undertake to remedy any failures to comply with the ADA's
Standards for Accessible Design at the Wall Days Inn, by
providing or installing, or offering to provide or install, an
elevator at the Wall Days Inn, the Hauks shall allow DIA or HFS,
or both of them, to undertake or pay for the work required by the
judgment or settlement, subject to the Hauks' right reasonably to
control the scheduling of such work. The Hauks shall not be
required to incur any financial responsibility for the work in
question. With respect to the provision of an elevator, the
Hauks shall have the right to approve the location of any such
elevator, which approval shall not be unreasonably withheld.
        16.     The parties hereto shall negotiate in good faith to
resolve any dispute relating to the interpretation or
implementation of this order before bringing the matter to the
Court's attention.
        17.     The Court shall retain jurisdiction of this action to
enforce the provisions of this order through December 31, 2000,
after which time all of its provisions shall be terminated,
unless the Court determines it is necessary to extend any of its
requirements, in which case those requirements shall be extended.
                                     - 6 -
01-01332
        18.     This agreement relates solely to the facts and events
alleged in the United States' complaint and shall govern the
compliance of the Hauks, Baumann, and Double H with the ADA's
Standards for Accessible Design at the Wall Days Inn. This
agreement does not address, and shall not be construed to
address, any future issues of ADA compliance at the Wall Days
Inn, or at any other commercial facility or place of public
accommodation designed and constructed by the Hauks, Baumann, or
Double H, or any other violations of federal law.
        19.     This agreement contains all of the obligations,
requirements and liability that the Hauks, their successors and
assigns, Baumann, and Double H have to the United States arising
out of this action or any claimed violation of section 303(a)(1)
or 303(b) of the ADA at the Wall Days Inn. The United States
shall have no right to assert any future claims against the
Hauks, their successors and assigns, Baumann or Double H arising
out of any claimed violation of section 303(a)(1) or 303(b) of
the ADA at the Wall Days Inn that existed, whether or not it was
discovered or discoverable, at or before the date of this
agreement.
        20.     This agreement also constitutes a full and complete
settlement of all issues raised by cross-claims between the Hauks
and Baumann, and the Hauks and Double H. Upon execution of this
consent order, said cross-claims shall be dismissed with
prejudice.
                                     - 7 -
01-01333
        21.     This instrument reflects the entire agreement between
the parties hereto.
        SO ORDERED this day of 1997.
                                        United States District Judge
                                     - 8 -
01-01334
Agreed and Consented to:
For Plaintiff United States of America:
THOMAS M. CONTOIS                               DIANA RYAN
MARGARITA M. PRIETO                             Assistant U.S. Attorney
Attorneys                                       226 Federal Building
Disability Rights Section                       515 Ninth Street
Civil Rights Section                            Rapid City, SD 57701
U.S. Department of Justice                      (605) 342-7822
Post Office Box 66738
Washington, D.C. 20035-6738
(202) 514-6014
Signatures continued on next page.
                                     - 9 -
01-01335
For Defendants Richard and Karla Hauk:
KIM RUCKDASCHEL-HALEY
JOSEPH A. THOMSON
Lindquist & Vennum P.L.L.P.
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402-2205
(612) 371-3211
Signatures continued on next page.
                                     -10-
01-01336
For Defendants Richard and Karla Hauk:
DOYLE D. ESTES
Estes, Porter & Delaney
510 North Campbell
Suite 104
Rapid City, SD 57709-0330
(605) 343-3534
Signatures continued on next page.
                                     -11-
01-01337
For Defendant David Baumann d/b/a CAD Drafting Plus:
FRANK A. BETTMAN
Finch Bettman Maks, P.C.
304 Main Street
Post Office Box 2934
Rapid City, South Dakota 57709-2934
(605) 348-6547
Signatures continued on next page.
                                     -12-
01-01338
For Defendant Double H Enterprises, Inc.
VERONICA L. BOWEN
Bangs, McCullen, Butler, Foye & Simmons, L.L.P.
818 St. Joseph Street
Post Office Box 2670
Rapid City, South Dakota 57709
(605) 343-1040
                                     - 13 -
01-01339
                                    EXHIBIT 1
                       Items at the Wall Days Inn claimed by
              the Department of Justice to be in violation of the
                       ADA's Standards for Accessible Design
        1.      Parking and passenger loading zone
              a.      There are no accessible parking spaces. There are 43
                      spaces in the lot; the Standards require two
                      accessible spaces, including at least one van
                      accessible space. Standards S 4.1.2(5). While two
                      spaces are designated accessible, neither complies with
                      the requirements of the Standards, as specified in
                      items 1.b. and c., below.
              b.      One of the parking spaces designated accessible is not
                      flat and level. Standards S 4.6.3.
              c.      The parking spaces at the front of the building have no
                      access aisles. Standards S 4.6.3.
              d.      There is no van accessible parking space. Neither of
                      the spaces designated accessible has an access aisle
                      96" wide, and neither has an elevated sign designating
                      it as a van accessible space. Standards SS 4.1.2(5),
                      4.6.4.
        2.      Exterior routes
              a.      There is no accessible route from the parking spaces
                      designated accessible to the front entrance. Standards
                      S 4.6.2
              b.      The ramp leading to the front entrance is too steep,
                      has no level landing at the top, has no handrails, and
                      has a 1/2" change in level that is not beveled.
                      Standards SS 4.5.2, 4.8.1, 4.8.4, 4.8.5, 4.8.6.
              c.      The walkway along the exterior of the east end of the
                      building has a slope greater than 1:12. This walkway
                      does not comply with the requirements for ramps in that
                      it is too steep, has no handrails or edge protection,
                      and has an inadequate landing. Standards SS 4.3.8,
                      4.8.
              d.      Air conditioning and heating units along the exterior
                      wall at the rear of the building protrude more than
                      four inches from the wall. Standards S 4.4.1.
01-011340
        3.      Entrances and exits
                a.      The ground area within the maneuvering clearance
                        required at the front lobby entrance is not level.
                        Standards S 4.13.6.
        4.      Front lobby
              a.      The house phone in the lobby vestibule is too high, and
                      has no volume controls. Standards SS 4.31.3, 4.31.5.
        5.      Interior routes
              a.      The building has three stories, but has no elevator.
                      Standards S 4.1.3(5).
              b.      The hardware on the door from the lobby to the hall
                      requires tight grasping, pinching, or twisting of the
                      wrist. Standards S 4.13.9.
              c.      The hardware on the door from the lobby to the area
                      behind the reception desk requires tight grasping,
                      pinching, or twisting of the wrist. Standards
                      S 4.13.9.
        6.      Public and common use toilet rooms
              a.      The toilets in both the men's and women's rooms in the
                      basement are too far from the side wall and too low.
                      Standards SS 4.16.2, 4.16.3.
              b.      The lavatories in both the men's and women's rooms in
                      the basement do not provide adequate knee clearance.
                      Standards S 4.19.2.
              c.      The hardware for the lavatories in both the men's and
                      women's rooms in the basement requires tight grasping,
                      pinching, or twisting of the wrist. Standards
                      S 4.19.5.
              d.      The mirrors in both the men's and women's rooms in the
                      basement are too high. Standards S 4.19.6.
                                     EXHIBIT 1
                                      Page 2
01-01341
               e.      The paper towel dispensers in both the men's and
                      women's rooms in the basement are too high. Standards
                      S 4.23.7.
              f.      The shower stalls in both the men's and women's rooms
                      in the basement are too small. Standards S 4.21.2.
              g.      The shower stalls in both the men's and women's rooms
                      in the basement have no seats. Standards S 4.21.3.
              h.      The controls in the shower stalls in both the men's and
                      women's rooms in the basement are too high. Standards
                      S 4.21.5.
              i.      The shower stalls in both the men's and women's rooms
                      in the basement have no hand-held spray units.
                      Standards S 4.21.6.
              j.      The shower stalls in both the men's and women's rooms
                      in the basement have curbs that are too high.
                      Standards S 4.21.7.
      7.      Public and common use rooms and spaces
              a.      The hardware on the doors to the basement laundry and
                      electrical room, to the storage room at the east stair,
                      and to the second floor storage room require tight
                      grasping, pinching, or twisting of the wrist.
                      Standards S 4.13.9.
              b.      The whirlpool in the spa and sauna room is inaccessible
                      because it is mounted on a raised platform, with no
                      ramp or lift provided. Standards S. 4.3.8.
              c.      The controls for the whirlpool require tight grasping,
                      pinching or twisting of the wrist. Standards S 4.27.4.
              d.      The room identification signs for the restrooms and the
                      spa room in the basement do not have Braille or raised
                      letters, and they are not mounted on the wall adjacent
                      to the door for each room. Standards SS 4.30.4,
                      4.30.6.
                                    EXHIBIT 1
                                     Page 3
01-01342



















              e.      There are no visual alarms in the men's or women's
                      rooms in the basement, or in the basement laundry and
                      electrical room. Standards S 4.28.1.
        8.      Guest rooms generally
              a.      The guest room number signs do not have Braille or
                      raised characters, and they are not mounted on the wall
                      adjacent to the door for each room. Standards
                      SS 4.30.4, 4.30.6.
              b.      The guest rooms designated accessible are not dispersed
                      among the various classes of sleeping accommodations
                      available to patrons of the hotel. The rooms available
                      to patrons with disabilities have only one bed, while
                      the rooms available to other patrons have either one or
                      two beds. Standards S 9.1.4.
              c.      The hotel has no rooms with notification devices.
                      Standards SS 9.1.2, 9.1.3, 9.3.
              d.      The doors to the bathrooms in the guest rooms not
                      designated accessible are too narrow. Standards
                      SS 4.13.5, 9.4.
        9.      Guest rooms designated accessible -- Rooms 101 and 103
              a.      The hardware on the door to guest rooms 101 and 103
                      requires tight grasping, pinching, or twisting of the
                      wrist. Standards S 4.13.9.
              b.      The clothes rods in guest rooms 101 and 103 are too
                      high. Standards S 9.2.2(4).
              c.      The operating controls for the air conditioning and
                      heating units in guest rooms 101 and 103 require tight
                      grasping, pinching, or twisting of the wrist.
                      Standards S 4.27.4.
              d.      There is inadequate clear floor space at the toilets in
                      guest rooms 101 and 103. Standards S 4.16.1.
              e.      The bathtubs in guest rooms 101 and 103 have no low
                      side grab bar, and no horizontal grab bars at foot or
                      head of the tubs. Standards S 4.20.4.
                                   EXHIBIT 1
                                      Page 4
01-01343

















              f.      The controls for the bathtubs in guest rooms 101 and
                      103 are improperly located. Standards S 4.20.3.
              g.      The operating controls for the showers in guest rooms
                      101 and 103 require tight grasping, pinching, or
                      twisting of the wrist. Standards S 4.20.3.
              h.      The towel racks in the bathrooms of guest rooms 101 and
                      103 are too high. Standards S 4.25.3.
              i.      The lavatories in guest rooms 101 and 103 have
                      inadequate knee clearance. Standards S 4.19.2.
              j.      The hot water and drain pipes under the lavatories in
                      guest rooms 101 and 103 are not insulated or otherwise
                      configured to protect against contact, and there is a
                      sharp metal tissue box under each of the lavatories.
                      Standards S 4.19.4.
                                   EXHIBIT 1
                                      Page 5
01-01344






































                                      EXHIBIT 2
                        Actions to be taken by defendants
                    Richard and Karla Hauk, or David Baumann,
                      to remedy items set out in Exhibit 1
1.      Parking and passenger loading zone
        a., b., c. and d.       The parking area in front of the hotel
                                will be modified to provide accessible
                                parking complying with the requirements
                                of the Standards for Accessible Design,
                                as shown in Drawing B attached hereto.
2.      Exterior routes
        a. and b.               The approach to the hotel's main
                                entrance will be modified to comply with
                                the requirements of the Standards, as
                                shown in Drawing B attached hereto.
        c.      The door swing for the exit door at this end of the
                hotel will be reversed, so that it opens to the south,
                thus changing the egress path to the south. The egress
                path to the south currently complies with the
                requirements of the Standards.
        d.      The air conditioning and heating units shall be moved
                so they do not protrude more than four inches from the
                wall, or cane-detectable barriers will be provided
                below the air conditioning and heating units, as shown
                in Drawing D attached hereto.
3.      Entrances and exits
        a.      The ground area within the maneuvering clearance
                required at the front lobby entrance will be modified
                to comply with the Standards, as shown in Drawing B
                attached hereto.
4.      Front lobby
        a.      The house phone in the lobby vestibule will be lowered
                so that its highest operable part will be 48" above the
                finished floor, and volume controls will be added.
01-01345




















5.      Interior routes
        a.      Except for the obligations set out in paragraph 15 of
                this agreement with respect to the Hauks, this
                agreement does not require the Hauks, Baumann, or
                Double H to take any action in regard to this item.
        b. and c.       Hardware complying with the requirements of
                        the Standards will be provided on both sides
                        of these doors.
6.      Public and common use toilet rooms
        a. and b.       The men's and women's rooms in the basement
                        will be modified as shown in Drawing G
                        attached hereto, or, at the option of Richard
                        and Karla Hauk, the toilet and lavatory
                        fixtures in both restrooms will be removed.
        c.      Hardware complying with the requirements of the
                Standards will be provided for the doors to the men's
                and women's rooms in the basement, unless Richard and
                Karla Hauk opt to remove the toilet and lavatory
                fixtures from these restrooms.
        d.      An additional mirror will be provided in each of the
                men's and women's rooms, in compliance with the
                requirements of the Standards, or the existing mirrors
                in the men's and women's rooms will be lowered to
                comply with the requirements of the Standards, unless
                Richard and Karla Hauk opt to remove the toilet and
                lavatory fixtures from these restrooms.
        e.      An additional paper towel dispenser will be provided in
                each of the men's and women's rooms, in compliance with
                the requirements of the Standards, or the existing
                dispensers in the men's and women's rooms will be
                lowered to comply with the requirements of the
                Standards, unless Richard and Karla Hauk opt to remove
                the toilet and lavatory fixtures from these restrooms.
        f. through j.   The shower stalls in the men's and
                        women's rooms in the basement will be
                        eliminated. The shower stall enclosures
                        shall be removed and the plumbing
                        capped.
                                     EXHIBIT 2
                                      Page 2
01-01346














7.      Public and common use rooms and spaces
        a.      Hardware complying with the requirements of the
                Standards will be provided for the storage room at the
                east stair and the second floor storage room.
                With respect to the operating hardware on the doors to
                electrical room and laundry room in the basement, that
                hardware shall be replaced with hardware complying with
                the requirements of the Standards, unless Richard and
                Karla Hauk choose to remove all fixtures and equipment
                from the basement, including, but not limited to, the
                spa and sauna, and all fixtures in the basement
                restrooms.
        b.      A ramp complying with the requirements of the Standards
                will be provided along the north wall of the room, to
                provide access to the raised platform, unless Richard
                and Karla Hauk choose to remove the whirlpool tub.
        c.      Operating controls that comply with the requirements of
                the Standards will be provided for the whirlpool,
                unless Richard and Karla Hauk choose to remove the
                whirlpool tub.
        d.      Room identification signs with Braille and raised
                letters will be provided for the restrooms and the spa
                room in the basement, and will be mounted on the walls
                adjacent to the latch sides of the doors, 60 inches
                above the finished floor (measured to the centerlines
                of the signs), unless Richard and Karla Hauk choose to
                remove all fixtures and equipment from this room,
                including, but not limited to, the whirlpool tub and
                the sauna.
        e.      Visual alarms will be provided in the men's and women's
                rooms in the basement, and in the basement laundry and
                electrical room, unless Richard and Karla Hauk choose
                to remove all fixtures and equipment from the basement,
                including, but not limited to, the spa and sauna, and
                all fixtures in the basement restrooms.
                                     EXHIBIT 2
                                       Page 3
01-01347

















8.      Guest rooms generally
        a.      Guest room number signs with Braille and raised
                characters will be provided for all guest rooms, and
                will be mounted on the wall adjacent to the latch side
                of the door, 60 inches above the finished floor
                (measured to the centerline of the sign).
        b.      In order to provide individuals with disabilities a
                range of options equivalent to those available to other
                individuals served by the hotel, including the
                opportunity to stay in a sleeping room with two beds,
                defendants Richard and Karla Hauk shall modify guest
                room 103 either 1) to provide two beds in that guest
                room, as shown in Drawing E, Option A, attached hereto,
                or 2) to provide a connecting door to guest room 105
                (which connecting door shall comply with the
                requirements of the Standards), as shown in Drawing E,
                Option B, attached hereto.
                In the event that the second of these options is chosen
                -- providing a connecting door to guest room 105 --
                then defendants Richard and Karla Hauk further agree to
                provide to any guest with a disability who requests an
                accessible room with two beds both guest rooms 103 and
                105 for the price of one room with two beds. The Hauks
                shall insure that all of the hotel's front desk
                personnel are aware of this requirement and comply with
                it. Complying with this requirement will require the
                Hauks to refrain from renting, until all other rooms
                are rented, not only guest room 103, but also guest
                room 105, so that the option of an accessible room with
                two beds will remain available to individuals with
                disabilities.
        c.      Visual notification devices complying with the
                Standards shall be provided for a total of four guest
                rooms.
        d.      Defendant David Baumann shall provide and install
                bathroom doors complying with the requirements of
                Standards S 4.13.5 in five guest rooms (other than the
                guest rooms designated for use by individuals with
                disabilities) on the first floor of the hotel. The
                Hauks shall have the right to select the guest rooms in
                which such doors will be installed, and shall have the
                right to approve the scheduling of the work to be done
                                      EXHIBIT 2
                                       Page 4
01-01348









                by Baumann, which approval shall not be unreasonably
                withheld.
9.      Guest rooms designated accessible -- Rooms 101 and 103
        a.      Hardware complying with the requirements of the
                Standards will be provided on both sides of the doors
                to guest rooms 101 and 103.
        b.      The clothes rods and shelves in guest rooms 101 and 103
                will be relocated to positions that comply with the
                requirements of the Standards.
        c.      Operating controls that comply with the requirements of
                the Standards will be provided for the air conditioning
                and heating units in guest rooms 101 and 103.
        d.      The angled metal supports for the vanities in guest
                rooms 101 and 103 will be modified so that they do not
                encroach into the clear floor space required for the
                toilets.
        e.      Grab bars complying with the requirements of the
                Standards will be provided in the bathtubs in guest
                rooms 101 and 103.
        f.      The controls for the bathtubs in guest rooms 101 and
                103 will be relocated to comply with the Standards.
        g.      Operating controls that comply with the requirements of
                the Standards will be provided for the showers in guest
                rooms 101 and 103.
        h.      The towel racks in the bathrooms of guest rooms 101 and
                103 will be lowered so that the tops of the racks are
                48" above the finished floor.
        i.      The lavatories in guest rooms 101 and 103 will be
                modified to provide the knee clearance required by the
                Standards.
        j.      The hot water and drain pipes under the lavatories in
                guest rooms 101 and 103 will be insulated or otherwise
                configured to protect against contact. The metal
                tissue box under each of the lavatories will be
                removed.
                                     EXHIBIT 2
                                      Page 5
01-01349

















(Form) NEW SITE PLAN
01-01350





















































(HOUSE PLANS)
(FLOOR PLANS)
(FLOOR PLANS)