UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

LELAND FOSTER, 

Plaintiff,

v.

PALACE HOSPITALITY, INC., 

Defendant.

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Case No. 5:15-cv-11678-JCO-APP

Honorable John Corbett O'Meara

CONSENT DECREE AND ORDER

WHEREAS, Plaintiff Leland Foster (“Foster”) filed this action against Palace Hospitality, 

LLC, an Michigan Limited Liability Company (”Palace”) in the United States District Court for the 

Eastern District of Michigan, Case Number 5:15-cv-11678; 

WHEREAS, Foster alleged violations of Title III of the Americans with Disabilities Act, 42 

U.S.C. § 12181, et seq. (“Title III” of the “ADA”) and Michigan Persons with Disabilities Civil 

Rights Act, M.C.L. § 37.1301 at a facility commonly referred to as Red Roof Inn located at 2755 S. 

Lapeer Road, Orion, MI 48361 (the “Property”);

WHEREAS, the Parties desire to resolve this matter, without further formal proceedings and 

have voluntarily entered into a Complete and Permanent Settlement and Release Agreement (“the 

Agreement”);

NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in 

this Decree and Order and in the Agreement, the parties request the Court to enter consent judgment 

accordingly.

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1. Undertakings by Defendant Palace:

Without an admitting liability, in response to and in settlement of the allegations 

contained in Foster’s Complaint and all other allegations brought or which could have been brought 

in this action with respect to this Property, Palace agrees to, within six (6) months following the 

Court’s entry of this Consent Decree, subject to a reasonable extension due to acts of God, force 

majeure, or events beyond the control of Palace such as inability to obtain building or zoning 

permits, failure of the city/county inspectors to make inspections, contractor defaults, or work 

stoppages, perform the following barrier removal, alterations, and modifications at and to the 

Property:

A. Palace will relocate and replace one existing designated accessible parking 

servicing the primary guestroom parking lot with a fully compliant 

designated accessible parking space with required access aisle, signage and 

on a level surface not to exceed 2% slope and cross slope. 

B. Palace will create an accessible route, with compliant curb ramp, from the 

new designated accessible parking space and the main building guestrooms. 

C. Palace will modify sidewalks and curb ramps in order to create a compliant 

accessible route from the lobby’s designated accessible parking to the lobby 

entrance.

D. Palace will lower or provide an alternate toilet cover dispenser and towel 

dispenser in men’s and women’s lobby restrooms that complies with Section 

308.2.1 of the 2010 Standards.

E. Palace will install shower controls at the pool shower that shall be operable 

with one hand and shall not require tight grasping, pinching, or twisting of 

the wrist to operate to comply with section 309.4 of the 2010 Standards. 

F. Palace will lower designated accessible guestroom bathroom mirrors so that

mirrors located above lavatories or countertops shall be installed with the 

bottom edge of the reflecting surface 40 inches maximum above the finish 

floor to comply with section 603.3 of the 2010 Standards. 

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G. Palace will lower designated accessible guestroom door lock latches to a 

height not to exceed 48 inches to comply with Section 308.2.1 of the 2010 

Standards.

H. Palace will install a fixed folding seat in the designated accessible guestroom 

roll-in shower compartment that complies with Section 610.3 of the 2010 

Standards. 

I. Palace will create and adopt reasonable policies and procedures to maintain 

accessible features and modify policies as necessary to afford goods, 

services, facilities, privileges, advantages, or accommodations to individuals 

with disabilities to comply with Department of Justice ADA Title III 

Regulation 28 CFR Part 36.302(a).

2. Undertakings by Plaintiff Foster: Foster agrees that he is releasing Palace and 

Palace’s parent companies, subsidiaries, divisions, affiliates, related companies, predecessors, 

successors, heirs, executors, administrators, assigns, shareholders, members, managers, directors, 

officers, employees, agents, attorneys, and lessors of and lessees at the Property from any and all 

claims, causes, damages, demands, liabilities, equities, and any and all other clams, whether known 

or unknown, from the beginning of the world to the date of the entry of this Consent Decree and 

Order. Foster further agrees that the completion of the above-referenced modifications will fully 

resolve his claims against Palace in the above-captioned matter, and consents to the Court’s 

dismissal of this matter.

3. The Court finds that the modifications and alterations agreed to be made by 

Defendant at the Property are the only ones that would be considered "readily achievable," which 

would be achievable to the "maximum extent feasible," or which would otherwise be currently 

required under the Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq. (as amended 

effective January 1, 2009) and under Michigan Law. 

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4. Upon completion of the above-listed modifications, the Court and the Parties agree 

that the Property is in compliance with the Americans with Disabilities Act and Michigan law to the 

extent readily achievable.

5. Jurisdiction: The parties have requested the Court to dismiss the case with prejudice 

and retain jurisdiction over this case for the sole purpose of enforcing the terms of this Decree and 

Order and the Agreement between the Parties. In the event of a dispute between the Parties, the 

Parties agree to submit themselves to the jurisdiction of the U.S. District Court for the Eastern 

District of Michigan. The Parties further waive any objection on the grounds of lack of personal 

jurisdiction or venue to the exercise of such jurisdiction now or in the future, but only in connection 

with the present litigation. 

6. Judgment: Based upon the foregoing, the Court finds that this Decree is fair and 

reasonable, both procedurally and substantively, consistent with applicable law, in good faith, and 

in the public interest. The Court enters judgment accordingly:

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that each party be and 

they are hereby ordered to comply with the terms and conditions of this Decree and Order entered 

into as a result of the settlement of the Parties.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon completion of the 

responsibilities set forth in this Decree and Order, that Defendant be and is hereby found to be in 

compliance with the Americans with Disabilities Act, 42 U.S.C.§ 12101 et. seq. and in compliance 

with Michigan Law as of the date of this Judgment Entry.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that with the concurrence of 

each of the parties, this matter be dismissed with prejudice and, that the jurisdiction of this Court is 

reserved to enforce the terms and conditions of this Decree and Order.

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The Clerk of Court is directed to enter judgment accordingly.

Dated:_____________________

_____________________________

Honorable John Corbett O'Meara

United States District Court Judge

Approved by:

/s/ Owen B. Dunn, Jr.

Owen B. Dunn, Jr., Counsel for the Plaintiff

/s/ Patrick N. Butler

Patrick N. Butler, Counsel for the Defendant

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