SETTLEMENT AGREEMENT AMONG THE UNITED STATES OF

AMERICA,
JOHNSON CREEK HOSPITALITY, L.L.C., AND SIEGER ARCHITECTS

INTRODUCTION

1. Pursuant to its authority to review the compliance of

entities covered by title III of the Americans With Disabilities
Act of 1990, 42 U.S.C. SS 12181 through 12189 ("the ADA" or "the
Act"), and S 12188(b)(1)(A)(i), the United States Department of
Justice ("the Department") initiated a compliance review of the
newly constructed Days Inn in Johnson Creek, Wisconsin, ("the
Johnson Creek Days Inn" or "the hotel"). The compliance review
was conducted by the Department's Civil Rights Division.

JURISDICTION AND PARTIES TO SETTLEMENT

2. The parties to this agreement are:

a. The United States of America ("United States"),
b. Johnson Creek Hospitality, LLC ("Johnson Creek
Hospitality"), and
c. Sieger Architects ("Sieger").
3. The Johnson Creek Days Inn, at West 4545 Linmar Lane,
in Johnson Creek, Wisconsin, is a non-residential facility whose
operations affect commerce, and is therefore a commercial
facility within the meaning of title III of the ADA. See 42
U.S.C. S 12181(2); 28 C.F.R. S 36.104. As a privately owned and
operated place of lodging with approximately 45 rooms, it is also
a place of public accommodation within the meaning of title III
of the ADA. See 42 U.S.C. S 12181(7)(A); 28 C.F.R. S 36.104.
4. Johnson Creek Hospitality is a Wisconsin limited
liability corporation with its principal place of business at
1265 North 4th Street, Platteville, Wisconsin. Johnson Creek
Hospitality owns the hotel, and participated in the design and
construction of the hotel.
5. Sieger has its principal place of business at 1501
Monroe Street, Madison, Wisconsin. Sieger is a private entity
engaged in the business of providing architectural and design
specification services. Sieger designed the Johnson Creek Days
Inn.
6. The subject of this settlement agreement is the
correction of failures to design and construct the Johnson Creek
Days Inn to be readily accessible to and usable by individuals
with disabilities, as required by title III of the ADA, 42 U.S.C.
S 12183(a)(1), in that several features, elements, and spaces of
the hotel are not readily accessible to or usable by individuals
with disabilities, as specified in the Department of Justice's
01-01226

title III implementing regulation, ("the regulation"), 28 C.F.R.

Part 36, including the Standards for Accessible Design, 28 C.F.R.
Part 36, Appendix A ("the Standards").

FACTUAL BACKGROUND

7. As part of the Department's compliance review of the

Johnson Creek Days Inn, representatives of the Department's Civil
Rights Division conducted an on site inspection of the hotel on
November 15, 1994. As a result of its investigation, including
its inspection, the Department identified a number of failures to
comply with the Standards at the hotel, which are set forth in
Exhibit 1.
8. In March 1995 the Department advised Johnson Creek
Hospitality and Sieger that it had found a pattern or practice of
discrimination in their failures to design and construct the
hotel according to the Standards. Since that time, Johnson Creek
Hospitality, Sieger, and the United States have engaged in good
faith negotiations in an effort to resolve this matter without
resort to litigation.

ACTIONS TO BE TAKEN BY JOHNSON CREEK HOSPITALITY, LLC,

AND SIEGER ARCHITECTS

9. In order to avoid litigation, Johnson Creek Hospitality

and Sieger have agreed to remedy the failures to design and
construct the Johnson Creek Days Inn to be readily accessible to
and usable by individuals with disabilities. The steps to be
taken by Johnson Creek Hospitality and Seiger to remedy the
failures to comply with the Standards (as set out in Exhibit 1)
are set out in Exhibit 2. The steps set forth in Exhibit 2 are
numbered to correspond to the items set out in Exhibit 1.
10. Johnson Creek Hospitality and Seiger agree that the
steps set out in Exhibit 2 shall be taken no later than December
1, 1997, unless otherwise noted.
11. The parties have discussed the possibility that Johnson
Creek Hospitality may, in the near future, undertake to enlarge
the Johnson Creek Days Inn. Nothing in this agreement prevents
Johnson Creek Hospitality from doing so. Johnson Creek
Hospitality agrees that in the event it does undertake any
addition to or other alteration of the hotel, it will do so in
full compliance with the requirements of title III of the ADA,
the regulation, and the Standards. If Johnson Creek Hospitality
does add to or otherwise alter the hotel, and such addition or
alteration affords opportunities to correct violations of the
Standards different from those specified in Exhibit 2, Johnson
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01-01227

Creek Hospitality may take different steps to bring the hotel

into compliance with the Standards, so long as the hotel, when
viewed in its entirety, is brought into compliance with the
Standards by December 1, 1997. By way of illustration only, one
opportunity which may arise in the event of an addition or
alteration is the creation of an accessible guest room with two
beds; if such a room were created, Johnson Creek Hospitality
would no longer be required to comply with the measures set out
in item 9.b.i. of Exhibit 2.
12. At all times after the effective date of this
agreement, Johnson Creek Hospitality shall maintain all of the
hotel's accessible features and elements in good working order,
such that they will be available for use by individuals with
disabilities without delay upon the arrival at the hotel of an
individual with a disability.

IMPLEMENTATION AND ENFORCEMENT OF THIS AGREEMENT

13. The Attorney General is authorized, pursuant to 42

U.S.C. S 12188(b)(1)(B), to bring a civil action to enforce title
III of the Act in any situation where the Attorney General finds
a pattern or practice of discrimination or an issue of general
public importance. In consideration of the terms of this
agreement, the Attorney General agrees to refrain from filing a
civil suit under title III in this matter.
14. The Department may review compliance with this
agreement at any time. If the Department believes that this
agreement or any portion of it has been violated, it will raise
the issue or issues with Johnson Creek Hospitality and Sieger,
and will attempt to resolve the issue or issues in good faith.
If the Department is unable to reach a satisfactory resolution of
the issue or issues raised within 45 days of the date it raises
the issue or issues with Johnson Creek Hospitality and Sieger, it
may institute a civil action in federal district court.
15. A failure by the Department to enforce any term of this
agreement shall not be construed as a waiver of its right to
enforce any other portion of this agreement.
16. This agreement shall be enforceable in United States
District Court for the Western District of Wisconsin.
17. This agreement is a public document. Copies of this
document, Exhibits, and any information contained in them may be
made available to any person at any time. The Department shall
provide copies of these documents to any person upon request.
3
01-01228

18. The effective date of this agreement is the date of the

last signature below. This agreement shall be binding on Johnson
Creek Hospitality, Sieger Architects, and their successors in
interest. Both Johnson Creek Hospitality and Sieger have a duty
to notify all such successors in interest.
19. This document 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 the agents of either party that is not contained in this
written agreement, shall be enforceable. This agreement is
limited to the facts set forth herein, and does not purport to
remedy any other issues of ADA compliance at the Johnson Creek
Days Inn, or at any other commercial facility or public
accommodation designed and constructed by Johnson Creek
Hospitality, LLC, or Sieger Architects, or other violations of
the ADA or any other federal law. This agreement does not affect
the continuing responsibility of Johnson Creek Hospitality and
Sieger to comply with all aspects of the ADA.
20. The signers of this document affirm that they are
authorized to bind the parties to this agreement that each
represents.
For Johnson Creek For the United States:
Hospitality, LLC:
Mr. Jeff A. Stockert Thomas M. Contois
Johnson Creek Attorney
Hospitality, LLC Disability Rights Section
1265 North 4th Street Civil Rights Division
Platteville, Wisconsin 53711 U.S. Department of Justice
(605) 229-8645 P.O. Box 66738
Washington, D.C. 20035-6738
(202) 514-6014
For Sieger Architects:
Mr. Robert Sieger
Sieger Architects
1501 Monroe Street
Madison, Wisconsin 53711
(608) 283-6100
Date Date
4
01-01229

EXHIBIT 1

Failures to comply with the ADA's Standards for Accessible Design

identified by the U.S. Department of Justice at the Johnson Creek Days Inn
1. Parking and passenger loading zone violations
a. The van accessible parking space located at the rear
entrance to the hotel does not have an elevated sign
designating it as "van accessible." Standards
S 4.6.6.
b. The passenger loading zone at the front entrance to the
hotel lobby does not have a demarcated access aisle.
Standards S 4.6.6.
2. Exterior route violations
a. The curb cut in the island between the accessible
parking spaces and the front entrance is too steep.
Standards SS 4.7.2, 4.7.11.
b. The transition between the curb at the entrance and the
driveway is not flush and is too steep. Standards
S 4.7.2.
3. Violations at exterior and interior stairs and areas of
rescue assistance
a. The inside run handrails on the hotel's stairways do
not have adequate horizontal extensions at the bottom
risers. Standards S 4.9.4.
b. There are no areas of rescue assistance on the second
floor of the hotel. Standards S 4.13.6.
4. Entrance and exit violations
a The exterior vestibule door at the front entrance has a
threshold that is too high. Standards S 4.13.8.
b. The interior vestibule door at the front entrance is
too heavy. Standards S 4.13.11.
011230
 5. Lobby violations
a. The registration desk is too high. Standards S 7.2.
b. The house phone in the front entrance vestibule has no
volume control. Standards S 4.31.5.
6. Interior route violations
a. The doors to several of the public and common use
spaces, including the meeting room, the pool area, the
restroom in the pool area, and the exercise room, are
too heavy. Standards S 4.13.11.
7. Public and common use toilet room violations
a. The sign for the pool area restroom is not mounted on
the wall adjacent to the door of the restroom.
Standards S 4.30.6.
b. The grab bar located behind the toilet in the pool area
restroom is too short. Standards S 4.16.4.
c. The toilet room adjoining the meeting room on the first
floor of the hotel is inaccessible. Standards
S 4.1.3(11).
8. Violations in public and common use rooms and spaces
a. There are no visual alarms in several of the public and
common use spaces, including the meeting room, the pool
area, the vending area, the hotel laundry, the exercise
room, the gameroom located in the pool area, and the
pool area restroom. Standards S 4.28.1.
b. The wall-mounted television in the exercise room
protrudes more than 4" into the accessible route.
Standards S 4.4.1.
c. The house phone located in the pool area is too high
and has no volume control. Standards SS 4.31.3,
4.31.5.
EXHIBIT 1
Page 2
01-01231
9. Violations with respect to guest rooms generally
a. The guest room number signs are not mounted on the wall
adjacent to the door for each guest room. Standards
S 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, as specified below.
Standards S 9.1.4.
i) Each of the three guest rooms designated
accessible has only one bed. The hotel has at
least 17 rooms with two beds, but none of these
rooms is accessible.
ii) The hotel has several larger rooms, designated
"suites," with whirlpool tubs, but none of these
rooms is accessible.
c. The hotel has too few rooms with visual alarms and no
rooms with notification devices. The Standards require
a hotel with 45 rooms to have four rooms with visual
alarms and notification devices. The hotel has visual
alarms in only three rooms. Standards SS 9.1.2.,
9.1.3, 9.3.
10. Violations with respect to the guest rooms designated
accessible -- Rooms 108 and 114
a. The clothes rod and shelf encroaches into the
maneuvering clearance required on the pull side of the
doors to guest rooms 108 and 114. Standards S 4.13.6.
b. There is inadequate maneuvering clearance alongside the
beds in guest rooms 108 and 114. Standards S 9.2.2.
c. The flip locks on the doors in guest rooms 108 and 114
 are too high. Standards SS 4.2.5., 4.2.6.
d. The clothes rods and shelves in guest rooms 108 and 114
are too high. Standards S 4.25.3.
e. The operating controls for the wall-mounted lamps in
guest rooms 108 and 114 require tight grasping,
EXHIBIT 1
Page 3
01-01232

pinching, or twisting of the wrist. Standards

S 4.27.4.
f. The rear wall grab bars in the bathrooms for guest
rooms 108 and 114 are too short. Standards S 4.16.4.
g. The bathroom door swings into the clear floor space
required at the lavatories and bathtubs in guest rooms
108 and 114. Standards S 4.23.2.
h. The controls for the bathtubs in guest rooms 108 and
114 require tight grasping, pinching, or twisting of
the wrist. Standards S 4.20.5.
i. The telephones by the toilets in guest rooms 108 and
114 do not have volume controls. Standards
S 4.31.5.
EXHIBIT 1
Page 4
01-01233
 EXHIBIT 2
Actions to be taken by
Defendants Johnson Creek Hospitality, LLC
and Sieger Architects to bring Johnson Creek Days Inn
into compliance with the ADA's Standards for Accessible Design
1. Parking and passenger loading zone violations
a. A sign with the text "Van Accessible" will be added to
the existing sign.
b. A 5-foot wide 20-foot long access aisle will be painted
 on the pavement in front of the front entrance.
2. Exterior route violations
a. and b. A steep concrete lip between the parking lot
surface and concrete sidewalk leading to the
hotel entrance will be removed, and the
transition from surface of the parking lot to
the concrete sidewalk will be made less
steep, and free of abrupt changes.
3. Violations at exterior and interior stairs and areas of
rescue assistance
a. At both stairwells an extension will be added to the
inside handrails at the bottom risers. The extension
will be continuous with the existing handrail, and will
extend horizontally a distance of 24 inches.
b. Areas of rescue assistance will be provided in accord
with the plans and specifications shown in Drawings 2
and 3 attached hereto.
4. Entrance and exit violations
a. The sidewalk will be modified so that the height of the
threshold does not exceed 1/2 inch.
b. The door closer will be adjusted so that the maximum
force required to open the door will be 5 pounds or
less.
01-01234
 5. Lobby violations
a. An auxiliary writing surface with a maximum height of
36 inches will be provided in close proximity to the
main counter.
b. The telephone will be changed to one with volume
control.
6. Interior route violations
a. The door closers will be adjusted so that the maximum
force required to open the door will be 5 pounds or
less.
7. Public and common use toilet room violations
a. An additional wall sign will be installed on the wall
adjacent to the latch side of the restroom door at 60
inches above the floor (measured to the centerline of
the sign).
b. The existing 30-inch long grab bar will be replaced
with a 36-inch long grab bar.
c. The toilet room adjoining the meeting room on the first
floor of the hotel will be modified in accord with the
plans and specifications shown on Drawing 1 attached
hereto.
8. Violations in public and common use rooms and spaces
a. Visual alarms will be added in the meeting room, pool
area, vending area, hotel laundry, exercise room,
gameroom in the pool area, and the pool area restroom.
b. A 36" square, 36" high planter will be installed on the
floor below the television. The planter will function
as a cane-detectable barrier.
c. The telephone will be replaced with a telephone which
has a volume control. The telephone will be lowered on
the wall so that the highest operable part is no more
than 48 inches above the floor.
EXHIBIT 2
Page 2
01-01235
9. Violations with respect to guest rooms generally
a. A second set of room number signs will be installed.
The new room number signs will be mounted on the wall
adjacent to the latch side of the door at a height
above the floor of 60 inches to the centerline.
b. i) In order to provide individuals with disabilities
a range of option equivalent to those available to
other individuals served by the hotel, including
the opportunity to stay in a sleeping room with
two beds, Johnson Creek Hospitality shall provide
to any guest with a disability who requests an
accessible room with two beds, one of its
accessible rooms (each of which has only one bed),
and an adjoining room (with one or two beds), for
the price of one room with two beds. Johnson
Creek Hospitality shall insure that all of its
front desk personnel are aware of this requirement
and comply with it. Complying with this
requirement will require Johnson Creek Hospitality
to reserve, until all other rooms are rented, not
only its accessible rooms, but also at least one
standard room adjoining an accessible room, so
that the option of an accessible room with two
beds will remain available to individuals with
disabilities.
ii) Guest room 118, which includes a whirlpool tub,
will be modified to be readily accessible to and
usable by individuals with disabilities, in accord
with the plans and specifications shown in
Drawings 4 and 5 attached hereto.
c. One additional guest room will be provided with a
visual alarm. Portable notification equipment will be
kept at the front desk, and made available to all
 guests who request notification devices.
10. Violations with respect to the guest rooms designated
accessible -- Rooms 108 and 114
a. The clothes rod and shelf will be shortened so that it
will not encroach into the maneuvering clearance
required at the door.
EXHIBIT 2
Page 3
01-01236

b. The beds will be moved so that there is 36" clearance

on both sides of the beds.
c. The flip locks will be relocated to approximately 34
inches above the floor.
d. The clothes rods and shelves will be relocated so that
the top of the shelf is 48 inches above the floor.
e. The wall mounted lamps will either be remodeled or
replaced with fixtures having a toggle switch.
f. The existing 30-inch long grab bars will be replaced
with 36-inch long grab bars.
g. The swing of the doors will be reversed, so that the
doors open out, away from the bathroom.
h. The controls will be fitted with an auxiliary handle.
i. The telephones will be replaced with telephones that
have volume controls.
EXHIBIT 2
Page 4
01-01237