Weldon v. Hill Investments, L.L.C.

Filing 22

CONSENT JUDGMENT AND FINAL ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that the 21 joint motion for the entry of consent decree is granted, and that: 1) Pursuant to the parties' Settlement (as defined in the Joint Motion), Dft sh all make the following modifications and alterations to the premises located at 4371 Hwy 280, Alexander City, Alabama 35010, as further set out in order; 2) Dfts' completion of the enumerated modifications and alterations shall not be construed as an admission of liability as to any claims which were asserted, or which could have been asserted, in the Complaint or as to any liability regarding compliance with Title III of the Americans With Disabilities Act, 42 USC Section 12181, et seq. (A DA); 3) Upon Dfts completion of the enumerated modifications and alterations, the Alex City Food Shop shall be in compliance with the requirements of Title III of the ADA to the extent readily achievable and technically feasible; 4) The Complaint, an d all claims asserted (or which could have been asserted) by Plf against Dfts relating to the Alex City Food Shop, are hereby dismissed with prejudice; 5) The Plf shall be entitled to, and shall receive no further relief other than the injunctive rel ief described and enumerated herein. The Plf shall receive no monetary damages, whether nominal, compensatory or punitive, and shall receive no portion of any award of attorney's fees; 6) The parties are to bear their own costs; 7) This Court re tains jurisdiction over this matter for the purposes of handling any motions or other matters relating to the enforcement of the Settlement and this Consent Decree; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 10/22/2015. (furn: calendar, ag) (term: PTC for 11/30/2015; Non-Jury Trial for 01/04/2016) (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

DALLAS WELDON,
Plaintiff,
v.
HILL INVESTMENTS, L.L.C.,
a Domestic Limited
Liability Company,
Defendant.

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CIVIL ACTION NO.
3:14cv930-MHT
(WO)

CONSENT JUDGMENT AND FINAL ORDER
This matter comes before the Court on the Joint
Motion for Entry of Consent Decree (the “Joint Motion”)
filed by the parties.

For good cause shown, it is the

ORDER, JUDGMENT, and DECREE of the court that the joint
motion for the entry of consent decree (doc. no. 21) is
granted, and that:
1.
in

the

Pursuant to the parties’ Settlement (as defined
Joint

Motion),

Defendant

shall

make

the

following modifications and alterations to the premises

located at 4371 Hwy 280, Alexander City, Alabama 35010
(“Alex City Food Shop”):
a.
accessible

The

Defendant

compliant

shall

accessible

shall comply with ADA

create

parking

one

van-

space,

which

requirements for such parking

spaces.
b.

The Defendant shall install an automatic-

opening accessible door, which shall be compliant with
ADA

requirements

for

such

doors,

and

which

is

a

reasonable accommodation in place of repairing and/or
replacing the existing curb ramp at the entrance of the
facility.
c.

The Defendant shall replace the doorknobs

with levers which are ADA compliant.
d.

The

Defendant

shall

adjust

the

door-

closing mechanism to all public restroom doors such
that the mechanisms comply with ADA requirements for
such door-closing mechanisms.
e.

The Defendant shall insulate the plumbing

beneath all public lavatories.
2

f.
dispensers

The
in

Defendant
all

public

shall

relocate

restrooms

soap

such

they

that

comply with ADA requirements for such soap dispensers.
g.

The

Defendant

shall

reposition

existing

mirrors in all public restrooms such that they comply
with ADA requirements for placement of such mirrors,
or, in the alternative, install an additional mirror,
which

shall

comply

with

all

ADA

requirements

for

install

ADA

placement of such mirrors.
h.

The

Defendant

shall

an

compliant rear grab bar above the water closets in all
public restrooms.
i.
paper
comply

The

dispensers
with

ADA

Defendant
in

all

shall
public

requirements

reposition
restrooms

for

such

so

toilet

toilet
as

to

paper

dispensers.
j.
self-service

The Defendant shall install signage on all
beverage

dispensers

directing

any

customers needing assistance to request such assistance
from a store employee, and shall train its employees to
3

assist any customer needing assistance with access to
the self-service beverage dispensers to provide such
assistance,

which

is

a

reasonable

accommodation

in

place of replacing, repositioning, or retrofitting the
said

beverage

dispensers,

and/or

the

counters

upon

which they sit, so as to comply with ADA requirements
for reach.
k.

The

Defendant

shall

clear

all

aisles

within the store location, which are accessible to the
public, and which would deter equal access.
l.

The

Defendant

shall

cause

each

of

the

above numerated repairs to be made within sixty (60)
days of the entry of this Order.
2.

Defendants’

completion

of

the

enumerated

modifications and alterations shall not be construed as
an admission of liability as to any claims which were
asserted, or which could have been asserted, in the
Complaint or as to any liability regarding compliance
with Title III of the Americans With Disabilities Act,
42 U.S.C. Section 12181, et seq. (“ADA”).
4

3.

Upon Defendants completion of the enumerated

modifications and alterations, the Alex City Food Shop
shall be in compliance with the requirements of Title
III of the ADA to the extent readily achievable and
technically feasible.
4.

The

Complaint,

and

all

claims

asserted

(or

which could have been asserted) by Plaintiff against
Defendants relating to the Alex City Food Shop, are
hereby dismissed with prejudice.
5.

The Plaintiff shall be entitled to, and shall

receive no further relief other than the injunctive
relief described and enumerated herein. The Plaintiff
shall

receive

no

monetary

damages,

whether

nominal,

compensatory or punitive, and shall receive no portion
of any award of attorney’s fees.
6.

The parties are to bear their own costs.

7.

This

matter
other

for

the

matters

Settlement

Court

retains

purposes
relating
and

of
to
this
5

jurisdiction
handling
the

any

over

this

motions

or

enforcement

of

the

Consent

Decree.

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

Procedure.
This case is closed.
DONE, this the 22nd day of October, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

Civil