United States of America v. Employees' Retirement Systems of Alabama, Teachers' Retirement Systems of Alabama, and PCH Hotels & Resorts, Inc. - Consent Decree

II. APPLICATION AND PARTIES BOUND

9. This Consent Decree shall be binding on Defendants, their agents, and their employees.  This Consent Decree shall also be binding on all of Defendants’ successors and assigns.  Defendants must promptly notify, in writing, all successors and assigns of the existence of this Consent Decree and its contents.

10. The Hotel is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7) because, among other things, it is an “inn, hotel, motel, or other place of lodging.”  42 U.S.C. § 12181(7)(A); see 28 C.F.R. § 36.104.

11. Defendants are governed by Title III of the ADA because, as owners and operators of the Hotel, they operate the Hotel, a place of public accommodation.  See 42 U.S.C. § 12182(a); 28 C.F.R. § 36.104.