Source: Office of United States Attorneys
NASHVILLE – Acting United States Attorney Thomas J. Jaworski for the Middle District of Tennessee announced today that the United States has reached an agreement with Triumph Hospitality, LLC and A&S Hospitality Management, LLC, which collectively own and operate the Garner Hotel in Clarksville, Tennessee, to settle allegations that the Garner violated Title III of the Americans with Disabilities Act (“ADA”) by failing to honor a reservation made for an accessible room by an individual with a disability. As part of the settlement, the Garner will implement ADA training, pay the complainant $5,000.00, and pay a $2,000.00 civil penalty to the United States.
“We are committed to enforcing the rights of persons with disabilities in Tennessee,” said Acting United States Attorney Thomas J. Jaworski. “Hotels must have systems in place to effectively manage reservations made for accessible rooms by individuals with disabilities. Questioning a hotel guest’s disability status is prohibited under the ADA and is not an appropriate response when a hotel fails to honor a reservation for an accessible room.”
The United States alleges that the complainant reserved an accessible room, but that the hotel failed to honor the reservation when the complainant presented at the check-in desk. The United States also alleges that the hotel employee at the check-in desk made insensitive and inappropriate comments regarding the complainant’s disability, including questioning the complainant’s disabled status while other individuals in the hotel’s lobby and the complainant’s family were present. The hotel staff were ultimately unable to secure an alternative reservation for an accessible room at the Garner or at another hotel, and the complainant was unable to use the shower in the room where the complainant ultimately stayed.
Under the terms of the Settlement Agreement, the owners and operators of the Garner will implement an ADA policy that complies with the Code of Federal Regulations sections pertaining to hotels, including 28 C.F.R. § 36.302. The owners will also conduct ADA training and pay the complainant $5,000.00 and a civil penalty to the United States of $2,000.00.
The civil claims settled by this Settlement Agreement are allegations only, and there has been no determination of liability.
Assistant U.S. Attorney Mike Tackeff investigated the complaint and negotiated the Settlement Agreement.
The Department of Justice has a number of publications available to assist entities in complying with the ADA. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to ada.complaint@usdoj.gov.
# # # # #