Department of Justice

FOR IMMEDIATE RELEASE                                                   CR
TUESDAY, JULY 1, 1997                                       (202) 616-2777
                                                        TDD (202) 514-1888

         HOTEL BEL-AIR AGREES TO MAKE ITS SERVICES ACCESSIBLE TO
                 PEOPLE WHO ARE DEAF OR HARD OF HEARING

        WASHINGTON, D.C. -- The Hotel Bel-Air in Los Angeles will

provide special phones, flashing smoke and fire alarms and

television decoders for closed captioning for guests who are deaf

or hard of hearing, under an agreement reached today with the

Justice Department.

        Today's settlement with the owners of the Hotel Bel-Air

resolves a complaint filed under the Americans with Disabilities

Act (ADA) by the father of two deaf children who were guests of

the hotel. The agreement outlines the steps the Bel-Air will

take to comply with the law, including providing closed

captioning decoders, telecommunications devices for the deaf

(TDDs), and other services.

        "Deaf and hard-of-hearing guests deserve the same quality of

services as other guests," said Isabelle Katz Pinzler, Assistant

Attorney General for Civil Rights. "By entering into this

agreement, the Hotel Bel-Air has shown that it values all of its

guests. We are pleased that it will take these steps to ensure

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equal treatment."

        According to the complaint, in December 1966 the Crane

family, which was visiting California from Ohio to see the Rose

Bowl, checked into the Bel-Air. Upon arrival, the father

contacted the hotel management after finding that his two

daughters could not watch the television because it was not

equipped with a closed captioning device.

        Mr. Crane spoke with four different managers over the course

of two days to try to obtain the equipment. He finally suggested

the hotel contact the Greater Los Angeles Council of the Deaf

(GLAD) about renting a decoder. The hotel contacted the group

but indicated that it would not pay the rental fee and never

provided the Crane family with the decoder.

        Under today's agreement the hotel will:

        *       purchase 9 TDDs for guests (and an additional TDD to be
                used at the front desk);

        *       install flashing alarms to alert deaf and hard-of-
                hearing guests of visitors and phone calls;

        *       install flashing alarms to alert deaf and hard-of-
                hearing guests of fire and smoke;

        *       provide televisions with decoders for closed caption
                television broadcasts;

        *       make arrangements, within two hours, to rent or share
                additional TDDs upon receiving a request by an deaf or
                hard-of-hearing guest that cannot be met because all
                units are already in use; and,

        *       pay $5,000 in compensatory damages to the Crane family.

        The Department reached a similar agreement today with the

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Lauderdale Hotel in Ft. Lauderdale, Florida.

        Under the Title III of the ADA, which was signed into law

July 26, 1990, public accommodations, such as hotels, must

provide effective communication for persons with hearing

disabilities. This includes the provision of TDDs, televisions

with captioning and visual alarms. The Justice Department has

reached more than 500 settlements under the federal disabilities

law.

        Copies of the settlement may be obtained by calling the ADA

Information Line at 1-800- 514-0301 (voice) or 1-800-514-0383

(TDD). ADA information is also available from the Department of

Justice's HomePage on the internet, at:

                (http://www.usdoj.gov/crt/ada/adahoml.htm).

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97-275
       SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT
          BETWEEN THE UNITED STATES OF AMERICA AND HOTEL BEL-AIR

        1. The parties to this Agreement are the United States of
America and Kava Holdings, Inc. owners of Hotel Bel-Air.

        2. As used herein, "ADA" means the Americans with
Disabilities Act, 42 U.S.C. SS 12101 et seq. (1990), its
implementing regulations, and any interpretations of that statute
or those regulations issued by the United States.

        3. As used herein, "Standards" means the ADA Standards for
Accessible Design, 28 C.F.R. pt. 36, Appendix A.

        4. As used herein, "Title III" includes title III of the
ADA, 42 U.S.C. SS 12181-12189 (1990), its implementing
regulation, 28 C.F.R. Part 36 and appendices, and any
interpretations of the statute, regulation, or appendices issued
by the United States.

        5. Hotel Bel-Air, located at 701 Stone Canyon Road in Los
Angeles, California, currently has 92 rooms available for rental
to transient guests. It is a place of lodging within the meaning
of 42 U.S.C. S 12181 (7)(A) and 28 C.F.R. S 36.104, and is thus a
place of public accommodation within the meaning of 28 C.F.R.
S 36.104. Kava Holdings, Inc. is a public accommodation, as it
owns, leases, leases to, or operates the hotel within the meaning
of 42 U.S.C. S 12182(a) and 28 C.F.R. Section 36.201(a). The
hotel is located at 701 Stone Canyon Road in Los Angeles,
California, and is represented in this matter by the firm of
Rieger and Walsh, LLP, located at 199 Main Street, Northport, New
York.

        6. The United States enters into this Agreement pursuant
to its statutory authority, under 42 U.S.C. S 12188(b) and 28
C.F.R. S 36.503, to enforce the ADA. The parties to this
Agreement enter into this Settlement Agreement in order to avoid
litigation.

        7. On or about January 10, 1997, the United States
received a complaint from Mr. Jay Crane, in which he alleged
violations of the title III requirements for auxiliary aids. 28
C.F.R. S 36.303. In particular, the complainant informed the
United States that his children are deaf, and that the Hotel Bel-
Air failed to provide them with appropriate auxiliary aids and
services, including TDD's (Telecommunication Devices for the
Deaf), visual alarms to alert them to smoke and fire; visual
notification devices to alert them of incoming telephone calls
and a door knock or bell; and television decoders and phone
amplifiers. The complainant also alleged that there was no TDD at
the Hotel Bel-Air front desk.

        8. The United States investigated this complaint, pursuant
to the authority granted by 42 U.S.C. S 12188(b) and 28 C.F.R.
S 36.502. In the course of this investigation, with the
cooperation of the Hotel Bel-Air, the United States found alleged
violations of title III.

        9. Hotel Bel-Air denies that it has violated the ADA.
However, in order to resolve this matter and avoid litigation,
the hotel has agreed to take the steps outlined below.
ACTIONS TO BE TAKEN BY HOTEL BEL-AIR:

        10. Hotel Bel-Air agrees to take the steps detailed below
to ensure that individuals with disabilities are not
discriminated against on the basis of disability in the full and
equal enjoyment of the offered goods, services, facilities,
privileges, advantages, or accommodations, in accordance with 42
U.S.C. SS 12182(b)(1)(A)(i), (ii); and 28 C.F.R. S 36.202.

        11. Hotel Bel-Air shall continue to ensure that it will
provide auxiliary aids and services, where such aids and services
are necessary to ensure that persons with disabilities are not
denied services, segregated, or otherwise treated differently
than other individuals, as required by 42 U.S.C.
S 12182(b)(2)(A)(iii) and 28 C.F.R. 36.303, unless to do so would
fundamentally alter the nature of the goods, services,
facilities, privileges, advantages, or accommodations being
offered, or would result in an undue burden to Hotel Bel-Air.

        12. The Hotel Bel-Air represents to the United States that
to comply with Sections 9.1.2 and 9.1.3 of Title 28 of the Code
of Federal Regulations, it has purchased 9 TDD's, as well as an
additional TDD which is permanently installed at the front desk.
The Hotel has also purchased 9 flashing alarms (to alert deaf and
hard-of-hearing guests of visitors to their room(s) and telephone
calls), and 9 flashing alarms (to alert deaf and hard-of-hearing
guests of smoke or fire), as well as televisions with built-in
decoders.

        13. Hotel Bel-Air represents that in compliance with
Section 9.3 of Title 28 of the Code of Federal Regulations, they
currently have a minimum of 9 auxiliary visual alarms (smoke
detectors) that comply with Section 4.28.4, and that notification
devices which alert deaf and hard of hearing guests of visitors
to their room(s) and telephone calls shall not be connected to
these auxiliary visual alarms. In addition, Hotel Bel-Air agrees
that all permanently installed telephones referenced above shall
have volume controls complying with Section 4.31.5 of the
Standards, and that an accessible electrical outlet shall be
provided within 4 feet of a telephone connection to facilitate
the use of a text telephone.

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        14. Hotel Bel-Air acknowledges that these purchases do not
constitute a fundamental alteration or undue burden. In addition,
Hotel Bel-Air shall make a good-faith effort to make arrangements
to rent or share additional TDD's upon request in order to ensure
that deaf or hard of hearing guests are not denied services,
segregated, or otherwise treated differently than other
individuals. Such requests for TDD's must be honored within two
hours of receiving the request. Hotel Bel-Air recognizes that it
is the hotel's responsibility to monitor requests for TDD's to
ensure that it has a sufficient supply of such devices. Hotel
Bel-Air also agrees to acquire additional TDD's if an increase is
necessary to meet actual demand.

        15. As evidence of its good-faith effort to resolve the
complaint filed with the Department of Justice, within fourteen
days of the effective date of this agreement Hotel Bel-Air shall
pay the complainant $5000. Hotel Bel-Air will provide the United
States with written notice of the completed payment within five
business days of their completion.

        16. The parties acknowledge that the United States is
authorized, pursuant to 42 U.S.C. S 12188(b)(1)(B), to bring a
civil action under Title III, enforcing the ADA in any situation
where a pattern or practice of discrimination is believed to
exist or a matter of general public importance is raised. In
consideration of the terms of this Agreement, the United States
agrees to refrain from filing a civil suit in this matter.

        17. This Agreement is limited to the facts and allegations
set forth within it. This Agreement does not purport to remedy
any other potential violations of the ADA or any other Federal
law. This Agreement is limited to the alleged violations of the
ADA by Hotel Bel-Air or by any owners, operators, lessors, and/or
lessees of Hotel Bel-Air.

        18. If the United States determines that the Hotel Bel-Air
has failed to comply with any provision of this Agreement, the
United States shall provide the Hotel Bel-Air with written
notification of the alleged violation. The Hotel Bel-Air shall
have seven days to cure the alleged violation. Failure to cure
such alleged violation shall constitute a subsequent violation,
within the meaning of 42 U.S.C. S 12188(b)(2)(C)(ii) and 28
C.F.R. S 36.504(a)(3)(ii). In the event of a failure to cure the
alleged violation within seven days of the receipt of such
notice, the Hotel Bel-Air shall be liable to the United States
for a civil penalty of no more than $100,000, in addition to any
appropriate compensatory damages.

        19. Any failure of the United States to enforce any
provision herein shall not be construed as a waiver of its right
to enforce other deadlines and provisions of this Agreement, and

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invalidation of any particular provision or portion of a
provision shall not affect the validity of this Agreement, which
shall continue to have full force and effect.

        20. In the event that Hotel Bel-Air fails to comply in a
timely fashion with any requirement of this Agreement without
obtaining advance written Agreement with the United States as to
a temporary modification of the relevant terms of the Agreement,
all terms of this Agreement shall become immediately enforceable
in any United States District Court in which venue lies.

        21. This Agreement is a public document. A copy of this
document, or any information contained therein, may be made
available to any person. Hotel Bel-Air and the United States
shall provide a copy of this Agreement to any person or entity
upon request.

        22. The effective date of this Agreement is the date of the
last signature below.

        23. This Agreement shall be binding on the United States
and on Hotel Bel-Air and its successors in interest, and Hotel
Bel-Air has a duty to so notify all such successors in interest.
Provided that the United States shall not have commenced any
action or proceeding to enforce the terms of this Agreement, or
furnished any written notice of non-compliance, by July 26, 1999,
then this Agreement and all of the terms contained herein shall
terminate, and be of no further force or effect. In the event
that the United States has commenced an action or proceeding to
enforce the terms of this Agreement, or furnished written notice
of non-compliance, this Agreement shall be extended by the time
period used to cure the defect and/or enforce the Agreement, as
determined by the United States.

        24. This Agreement, and any attachments thereto, constitute
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 or either party,
that is not contained in this written Agreement, shall be
enforceable regarding the matters raised herein.

        25. This Agreement is limited to the facts set forth within
it. This Agreement does not purport to remedy any other
potential violations of the ADA or any other Federal law.

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        26. Signers of this Agreement on behalf of the parties
represent that they are authorized to bind those parties to this
Agreement.

Signed:

For Kava Holdings, Inc., dba Hotel Bel-Air:

Kava Holdings, Inc., dba Hotel Bel-Air                  Date: 7-7-97

For the United States:
                                                        Date: 7-10-97

Isabelle Katz Pinzler
Acting Assistant Attorney General

John L. Wodatch
Section Chief
Renee M. Wohlenhaus
Acting Deputy Section Chief
Marc Dubin
Trial Attorney
Disability Rights Section
Civil Rights Division
United States Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
202-307-6075

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