Thornton v. Hospitality Management Associates, Inc. et al

Filing 43

DEFAULT JUDGMENT AND INJUNCTION: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Default judgment is entered in favor of plf Christopher Thornton and against dfts Hospitality Management Associates, Inc. and Douglas Gurney on plf Thornton's complaint; (2) Dfts Hospitality Management Associates, Inc. and Gurney have violated and continue to violate Title III of the Americans with Disabilities Act (ADA), 42 USC 12181, et seq., and its implementing regulations, see 28 C.F. R. Part 36, through their operation of their business, 1048 Blues and Jazz, and through the condition of their property, 1104 East Fairview Ave, Montgomery, Alabama 36106, in the design of parking lot, the entranceways from the parking lot to and thr oughout the music/entertainment areas and service areas, the bathrooms, the paths of travel, and the common areas; (3) Dfts Hospitality Management Associates, Inc. and Gurney, their officers, agents, servants, employees, and attorneys and all other p ersons who are in active concert or participation with them and who receive actual notice of this judgment are ENJOINED and RESTRAINED from failing, by 9/29/2017, to make repairs sufficient to cure the following defects and thus to bring their facili ty at 1104 East Fairview Avenue, Montgomery, Alabama, into compliance with the provisions of the ADA, as further set out in judgment; further ORDERED that costs are taxed against dfts Hospitality Management Associates, Inc. and Gurney, for which exec ution may issue; Should plf Thornton seek attorney's fees (not already awarded) as the prevailing party in this litigation, plf Thornton should file an appropriate motion for such fees; DIRECTING the clerk to enter this document on the civil doc ket as a final judgment pursuant to Rule 58 FRCP; DIRECTING the clerk to serve a copy of this default judgment and injunction, as well as copies of the other judgment and opinion entered today, on dfts Hospitality Management Associates, Inc. and Gurn ey by certified mail, return receipt requested. Signed by Honorable Judge Myron H. Thompson on 8/24/2017. (furn: calendar, ag) (term: PTC for 03/08/2018; Non-Jury Trial for 04/16/2018) (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CHRISTOPHER THORNTON,

)
)
)
)
)
)

Plaintiff,
v.

)
)
)
)
)

HOSPITALITY MANAGEMENT
ASSOCIATES, INC. and
DOUGLAS GURNEY,
Defendants.

CIVIL ACTION NO.
2:16cv347-MHT
(WO)

DEFAULT JUDGMENT AND INJUNCTION
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Default

judgment

is

entered

in

favor

of

plaintiff Christopher Thornton and against defendants
Hospitality

Management

Associates,

Inc.

and

Douglas

Gurney on plaintiff Thornton’s complaint.
(2) Defendants Hospitality Management Associates,
Inc. and Gurney have violated and continue to violate
Title III of the Americans with Disabilities Act (ADA),
42

U.S.C.

§ 12181,

et

seq.,

and

its

implementing

regulations,

see

28

C.F.R.

Part

36,

through

their

operation of their business, 1048 Blues and Jazz, and
through

the

condition

of

their

property,

1104

East

Fairview Ave, Montgomery, Alabama 36106, in the design
of parking lot, the entranceways from the parking lot
to

and

throughout

the

music/entertainment

areas

and

service areas, the bathrooms, the paths of travel, and
the common areas.
(3) Defendants
Inc.

and

Gurney,

Hospitality
their

Management

officers,

Associates,

agents,

servants,

employees, and attorneys and all other persons who are
in active concert or participation with them and who
receive actual notice of this judgment are ENJOINED and
RESTRAINED from failing, by September 29, 2017, to make
repairs sufficient to cure the following defects and
thus

to

bring

their

facility

at

1104

East

Fairview

Avenue, Montgomery, Alabama, into compliance with the
provisions of the ADA:
(a)

There

is

no

route to enter the facility;
2

handicapped

accessible

(b) There is no ADA accessible entrance;
(c) There is no ADA accessible route from
the entrance to and throughout the facility;
(d)

There

is

no

ADA

accessible

route

throughout the dining areas including the raised/sunken
area and outdoor dining area;
(e) The restroom is not accessible because
there is not 18 inches of clear floor space on the
latch side of the door;
(f)

The

urinal

is

not

ADA

accessible

because there is not 36 inches of clear floor space for
a forward approach;
(g) The water closet is not accessible,
because the centerline of the toilet is too far from
the side wall (21 inches);
(h) There is no 5 % ADA accessible seating
in the outside dining area;
(i) The mirror and coat hook are too high;
(j)

The

toilet

room

door

is

not

self-closing and fails to have door pulls located on
3

both sides;
(k) The toilet paper dispenser restricts
the delivery of a continuous flow of paper;
(l)

The

soap

dispenser

requires

tight

grasping, twisting, and/or pinching of the wrist.
It is further ORDERED that costs are taxed against
defendants Hospitality Management Associates, Inc. and
Gurney, for which execution may issue. Should plaintiff
Thornton seek attorney’s fees (not already awarded) as
the

prevailing

Thornton

party

should

file

in
an

this

litigation,

appropriate

motion

plaintiff
for

such

fees.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
The clerk of court is further DIRECTED to serve a
copy of this default judgment and injunction, as well
as copies of the other judgment and opinion entered
today, on defendants Hospitality Management Associates,
4

Inc.

and

Gurney

by

certified

mail,

return

receipt

requested.
This case is closed.
DONE, this the 24th day of August, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE