Within 120 days after all permits and licenses for the lift have been issued, the Limited Partnership shall develop a procedure to enable a person who uses a wheelchair to exit the building if the platform lift malfunctions while the person is in the building and shall arrange for the training of building staff and employees of the building's restaurant tenants on this procedure, which may include manual assistance to the affected individual.ĩ. The Limited Partnership agrees to maintain the lift as required by 28 CFR § 36.211.Ĩ.
The lift shall facilitate unassisted entry, operation, and exit. A § 4.11 (Standards for Accessible Design).
#Charles 4.2.5 register install#
Within 120 days after such permits and licenses have been issued, the Limited Partnership agrees to install an inclined platform lift on the stairs between the first floor lobby (from which Donna's can be accessed) and the street level inside the North Charles Street entry, in accord with the specifications attached hereto as Attachment E, which the parties agree comply with 28 CFR Part 36, App. The Limited Partnership shall provide the United States copies of all permits and licenses received for the lift. The Limited Partnership shall, upon the effective date of this Agreement, promptly apply for and diligently pursue obtaining the necessary permits and licenses to install an inclined platform lift in accordance with the terms herein. However, in order to avoid unnecessary and costly litigation, the parties have agreed to resolve this action as set forth below. Nothing contained herein constitutes an admission of wrongdoing by Donna's or the Limited Partnership. Consequently, the parties determined that a lift to the basement would not be readily achievable.Ħ. However, the City of Baltimore Fire Marshal did not approve the installation of a lift down to the basement level, as set forth in Attachment C. The parties explored installing a lift on the stairs between the street level inside the entry on North Charles Street and the basement level.
During the period of the investigation by the United States, the Maryland Commission on Human Relations investigated complaints it received alleging that Donna's and the basement restaurant (My Thai) were not accessible to individuals with disabilities. The City of Baltimore Fire Marshall approved such a lift, as set forth in Attachments C and D.ĥ. The United States determined that the most viable wheelchair accessible entrance to Donna's could be created by installing a lift on the stairs between the first floor lobby (from which Donna's can be accessed) and the street level inside the entry on North Charles Street. The violations found are outlined on Attachments A and B. The United States investigated the complaint and found a number of violations of the barrier removal and alterations requirements of title III of the ADA, 42 U.S.C. In addition to Donna's, the 800 North Charles Street building houses two other restaurants – Indigma, across the lobby from Donna's on the first floor, and My Thai, which is the sole premises on the basement level.Ĥ. The 800 North Charles Street Limited Partnership leases to a place of public accommodation and is covered by title III of ADA. Donna's is a restaurant open to the public and is a place of public accommodation covered by title III of the ADA. § 12188(b)(1), to investigate complaints and bring a civil action under title III in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised.ģ. The Attorney General is authorized under section 308(b)(1) of the Americans with Disabilities Act of 1990, 42 U.S.C. The investigation further determined that there were other areas of the restaurant and the building lobby that were in violation of the ADA.Ģ. The complainant alleged that Donna's was in violation of title III of the Americans with Disabilities Act, 42 USC §§ 12181-12189, ("ADA") because the entrance to the restaurant (by several steps) was not accessible to individuals using wheelchairs. This matter was initiated by a complaint filed with the United States against The Palamino Corporation, which owns and operates a restaurant, known as Donna's ("Donna's"), located at 800 North Charles Street, Baltimore, MD in a building owned by the 800 North Charles Street Limited Partnership, LLLP ("The Limited Partnership"). Settlement Department of Justice Press Releaseġ. 800 NORTH CHARLES STREET LIMITED PARTNERSHIP, LLLPĭEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-54
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