ADA Settlement Agreement - LA Fitness in Norwalk, CT
SETTLEMENT AGREEMENT
UNITED STATES OF AMERICA
AND
FITNESS INTERNATIONAL, LLC
DJ# 202-14-164
The United States has reached a Settlement Agreement with Fitness International, LLC, regarding Americans with Disabilities Act (ADA) compliance at the L.A. Fitness (“the Health Club”) located at 761 Main Avenue, Norwalk, CT 06851. The United States initiated its investigation upon receipt of a complaint from an individual regarding lack of accessibility.
The Health Club is an existing facility originally constructed prior to the effective date of the ADA. Alterations to the fitness facility, locker rooms, toilet rooms and pool were made after March 15, 2012. Because the Health Club has undergone alterations as defined by the ADA, 28 C.F.R. § 36.402(b), the altered portions of the facility must be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, to the maximum extent feasible [42 U.S.C. § 12183(a)(2); 28 C.F.R. § 36.402(a)]. Moreover, the path of travel to the altered parts of the facilities that contain a primary function area must also be made readily accessible to and usable by individuals with disabilities, unless the cost and scope of such additional alterations would be disproportionate [28 C.F.R. 36.403(a)]. Other features and elements of the facility are subject to the ADA’s barrier removal requirements, where it is readily achievable to do so [42 U.S.C. 12182(b)(2)(A)(iv)-(v); 28 C.F.R. 36.304 – 36.306].
Discrepancies identified during the investigation include:
The locker combination locks require tight grasping and twisting of the wrist.
Several wall mounted elements violated protruding object limitations.
The route to the side of several types of fitness equipment narrows to about 22 inches wide.
The routes to some of the exercise equipment is too narrow.
Some route cross slopes exceeded 1:48.
Some operable parts were more than 48 inches above the floor.
Inadequate maneuvering space at some doors.
A roll-in shower controls were not on the back wall within reach of the shower seat.
The clear floor space for toilet seat cover dispensers were blocked by the toilet.
A rear wall grab bar extends only 9 inches to the wall side of the toilet.
A toilet centerline is 19 ¼ inches from the side wall.
The far side of a toilet paper dispenser was 50 inches from the rear wall and the centerline of the dispenser was 11 ¼ inches in front of the toilet.
A bench in the locker room does not have back support.
Some locker shelves are located 5¾ inches above the floor.
A clothes rod is 55 ¼ inches above the floor, and the shelf is 58 inches above the floor.
A lavatory knee space was 7 ¼ inches deep at a height of 27 inches above the floor.
A designated accessible toilet stall door hardware required tight grasping and twisting to operate.
No grab bars were provided in a roll-in shower.
A drain in the route in a shower had a cross slope of 6.4%.
The rinsing shower in the pool area does not have grab bars.
The pool area fixed showerhead is about 70 inches above the floor.
The towel hook near the pool is 59 1/2 inches above the floor.
At the spa, the battery for the pool lift was not installed and the pool lift was covered during operational hours.
A Purell dispenser was 56 ½ inches above the floor.
A tactile sign was not installed correctly.
A baby changing surface was 40 ½ inches above the floor.
A baby changing table pull was 56 inches above the floor.
In accordance with this Settlement Agreement, L.A. Fitness shall provide certifications to the United States every twelve months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that L.A. Fitness has agreed to correct have been so corrected. L.A. Fitness shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Health Club facility in Norwalk, CT, did not comply with the ADA or that individuals with disabilities at the facility were subject to discrimination on the basis of disability. The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
SUMMARY: The ADA discrepancies identified in this investigation are common in many facilities. This investigation and settlement agreement were avoidable if this LA Fitness entity had taken a pro-active approach to ADA compliance.
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