SETTLEMENT AGREEMENT AMONG THE UNITED STATES OF

AMERICA,
VANTEX PARTNERSHIP, AND STEPHEN C. DAY

INTRODUCTION

1. This matter was initiated pursuant to a compliance

review conducted by the United States Department of Justice of
the Days Inn in Fort Stockton, Texas, ("the Fort Stockton Days
Inn" or "the hotel"). The Disability Rights Section of the Civil
Rights Division of the United States Department of Justice ("the
Department"), conducted the compliance review under the authority
to review the compliance of entities covered by title III of the
Americans With Disabilities Act of 1990, 42 U.S.C.
S 12188(b)(1)(A)(i), ("the ADA" or "the Act").

JURISDICTION AND PARTIES TO SETTLEMENT

2. The parties to this agreement are:

a. The United States of America ("United States"),
b. Vantex Partnership, ("Vantex"), and
c. Stephen C. Day ("Day").
3. The Fort Stockton Days Inn, at 1408 North Highway 285,
Fort Stockton, Texas, 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 50 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. Vantex is a Texas partnership with its principal place
of business at 1601 West Broadway, Van Horn, Texas 79855. Vantex
owns the hotel, and participated in the design and construction
of the hotel.
5. Day is an individual who receives mail at Post Office
Box 2226, Corrales, New Mexico 87048. Day is engaged in the
business of providing architectural and design specification
services. Day designed the Fort Stockton Days Inn.
6. The subject of this settlement agreement is the
correction of failures to design and construct the Fort Stockton
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
title III implementing regulation, ("the regulation"), 28 C.F.R.
01-01354

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

Fort Stockton Days Inn, representatives of the Department's Civil
Rights Division conducted an on site inspection of the hotel on
November 2, 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 Vantex and Day
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, Vantex, Day, 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 VANTEX PARTNERSHIP AND STEPHEN

C. DAY

9. In order to avoid litigation, Vantex and Day have

agreed to remedy the failures to design and construct the Fort
Stockton Days Inn to be readily accessible to and usable by
individuals with disabilities. The steps to be taken by Vantex
and Day 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. Vantex and Day agree that the steps set out in Exhibit
2 shall be taken no later than August 1, 1997, unless otherwise
noted.
11. Unless otherwise specified (or shown by attached
drawing), all steps set out in Exhibit 2 shall comply with the
applicable requirements of the Standards.
12. At all times after the effective date of this
agreement, Vantex 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.
2
01-01355

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 Vantex and Day, 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 Vantex and Day, 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 Texas.
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.
18. The effective date of this agreement is the date of the
last signature below. This agreement shall be binding on Vantex
Partnership, Stephen C. Day, and their successors in interest.
Both Vantex and Day 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 related to the original design and
construction of the hotel, and fully and finally resolves all
issues related to the original design and construction of the
hotel. This agreement does not address any other issues of ADA
compliance at the Fort Stockton Days Inn, or at any other
commercial facility or public accommodation designed and
constructed by Vantex Partnership or Stephen C. Day, or other
violations of the Act or any other federal law. This agreement
3
01-01356

does not affect the continuing responsibility of Vantex or Day to

comply with all aspects of the Act.
20. The signers of this document affirm that they are
authorized to bind the parties to this agreement that each
represents.
For Vantex Partnership For the United States:
Mr. Dipak V. Bhakta, Thomas M. Contois
Partner Attorney
Vantex Partnership Disability Rights Section
1601 West Broadway Civil Rights Division
Van Horn, Texas 79855 U.S. Department of Justice
(915) 283-2211 P.O. Box 66738
Washington, D.C. 20035-6738
(202) 514-6014
For Stephen C. Day:
Mr. Stephen C. Day
Post Office Box 2226
Corrales, New Mexico 87048
(505) 898-3774
Date 9/15/96 Date 9/17/96
4
01-01357

EXHIBIT 1
Failures of the Fort Stockton Days Inn to comply with
the ADA's Standards for Accessible Design
1. Violations at parking and passenger loading zone
 a. There are no accessible parking spaces. There are 50
spaces in the lot; the Standards require two accessible
spaces, including at least one van accessible space.
Standards S 4.1.2(5). While three spaces are
designated accessible, none complies with the
requirements of the Standards, as specified in items
1.b. and c., below.
b. None of the parking spaces designated accessible is on
the shortest route from the parking lot to the lobby
entrance. Standards S 4.6.2.
c. The access aisles for the spaces designated accessible
are not level, because built-up curb ramps project into
both access aisles. Standards S 4.6.3.
d. There is no van accessible parking space. None of the
spaces designated accessible has an access aisle 96"
wide, and none has an elevated sign designating it as a
van accessible space. Standards SS 4.1.2(5), 4.6.4.
e. 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. There is no accessible route to the swimming pool.
There is a change in level of approximately 4" at the
curb surrounding the pool, and there is no curb ramp or
curb cut providing access to the pool. In addition,
the ground area in front of the gate leading to the
pool is not flat and level throughout the required
clearance. Standards SS 4.3.8, 4.13.3, 4.13.6.
b. The shelf at the night window protrudes more than 4"
into the walkway in front of the lobby. Standards
S 4.4.1.
3. Violations at exterior and interior stairs and areas of
rescue assistance
a. The handrails on each of the hotel's stairways are too
large in diameter, too far from the wall, and do not
01-01358
 have adequate horizontal extensions at the top and
bottom risers. Standards S 4.9.4.
4. Violations at entrances and exits
None.
5. Front lobby violations
None.
6. Interior route violations
a. There is inadequate maneuvering space on the pull side
of the door from the lobby area to the hotel laundry.
Standards S 4.13.6.
7. Violations with respect to public and common use toilet
rooms
a. The sign for the restroom in the breakfast room is not
mounted on the wall adjacent to the door, and does not
have raised or Braille characters. Standards
SS 4.30.4, 4.30.6.
b. The toilet in the restroom in the breakfast room is too
far from the wall. Standards S 4.16.2.
c. There is no visual alarm in the restroom in the
breakfast room. Standards S 4.28.1.
8. Violations with respect to public and common use rooms and
spaces
a. There is no visual alarm in the breakfast room.
Standards S 4.28.1.
9. Violations with respect to guest rooms generally
a. The guest room number signs do not have raised and
Braille characters, and are not mounted on the wall
EXHIBIT 1
Page 2
01-01359
adjacent to the door for each guest 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, as specified below.
Standards S 9.1.4.
i) The hotel has several rooms with two double beds,
but all of the guest rooms designated accessible
have only one bed.
ii) All of the guest rooms designated accessible are
smoking rooms. The hotel has several non-smoking
rooms, but none of those rooms is accessible.
c. The hotel has no rooms with visual alarms or
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.
10. Violations with respect to guest rooms designated accessible
-- Rooms 124, 125, and 126
a. The operating controls for the drapes in guest rooms
124, 125, and 126 are too high. Standards SS 4.27.3.
b. The toilets in guest rooms 124, 125, and 126 are too
far from the side walls. Standards S 4.16.2.
c. The grab bars in the bathtubs in guest rooms 124, 125,
and 126 do not comply with the requirements of the
Standards, in that there is only one grab bar on the
rear wall of the tub. Standards S 4.20.4.
EXHIBIT 1
Page 3
01-01360
 EXHIBIT 2
Steps to be taken by Vantex Partnership and Stephen C. Day
to remedy failures of the Fort Stockton Days Inn to comply with
the ADA's Standards for Accessible Design
1. Violations at parking and passenger loading zone
a. Two accessible spaces complying with the Standards
shall be created, as specified in items 1.b. through
1.d., below.
b. The parking space immediately north of the laundry will
be converted into an accessible space; the area will
be re-paved to bring the top of the paving level with
the existing sidewalk, with cross-slopes of 1:50 or
less in all directions. A 5' access aisle will be
provided adjacent to the space, and appropriate signage
will be provided.
c. This area will be re-paved to bring it level with the
existing walkway, with cross-slopes of 1:50 or less in
all directions.
d. The access aisle for one of the existing accessible
spaces will be widened to 8' (necessitating the re-
striping of other spaces), and appropriate signage will
 be provided.
e. A demarcated access aisle 5' by 20' will be provided at
the hotel lobby entrance.
2. Exterior route violations
a. An accessible route to the pool will be provided by
removing and replacing the concrete slab at the access
to the swimming pool, as shown in Drawing 1 attached
hereto.
b. The shelf at the night window will be modified so that
it projects no more than 4" into the walkway.
3. Violations at exterior and interior stairs and areas of
rescue assistance
a. The handrails on each of the hotel's stairways will be
modified as shown in Drawing 2 attached hereto.
01-01361

4. Violations at entrances and exits

None.
5. Front lobby violations
None.
6. Interior route violations
a. The casework adjacent to the door will be modified to
provide the required maneuvering space adjacent to the
 door.
7. Violations with respect to public and common use toilet
rooms
a. An appropriate sign will be provided.
b. The toilet room will be modified as shown in Drawing 3
attached hereto.
c. A visual alarm will be provided in the restroom
adjacent to the breakfast room.
8. Violations with respect to public and common use rooms and
spaces
a. A visual alarm will be provided in the breakfast room.
9. Violations with respect to guest rooms generally
a. Appropriate signs will be provided.
b. The following changes will be made:
i) Two double beds will be provided in guest room
125, as shown in Drawing 4 attached hereto.
ii) One of the accessible guest rooms will be
designated non-smoking.
EXHIBIT 2
Page 2
01-01362

c. Visual alarms and notification devices will be provided

 for a total of five guest rooms, including the
accessible guest rooms.
d. The doors to the bathrooms in 22 first-floor guest
rooms (all of the first floor rooms apart from the
accessible guest rooms) will be modified to provide
adequate clear width, as shown in Drawing 5 attached
hereto.
10. Violations with respect to guest rooms designated accessible
-- Rooms 124, 125, and 126
a. Extensions will be provided for the drapery control
rods.
b. The toilet rooms in guest rooms 124, 125, and 126 will
be modified as shown in Drawing 3 attached hereto.
c. Grab bars complying with the Standards will be
provided.
EXHIBIT 2
Page 3
01-01363
(DRAWING 1) PARTIAL SITE PLAN
01-01364
(DRAWING 2) STAIR SECTION
01-01365
(DRAWING 3) BATHROOMS
01-01366
(DRAWING 4) ROOM 125 FLOOR PLAN
01-01367
(DRAWING 5) PARTIAL PLAN
01-01368