UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Spencer Neal

v. Case No. 23-cv-314-PB Opinion No.

Omni Mount Washington, LLC

ORDER Omni Mount Washington, LLC agrees that it has violated Title III of the Americans with Disabilities Act and that plaintiff Spencer Neal is entitled to injunctive relief to remedy those violations. In this order, I award injunctive relief for the violations that Neal has identified in his prior filings. Additional injunctive relief may be awarded in a subsequent order after Neal has submitted a supplemental expert report identifying any additional violations. Omni is hereby ORDERED to become compliant with Title III of the ADA by modifying and/or remediating the deficiencies identified below at its place of public accommodation within the following timelines: LOCATION BARRIER REMEDIATION COMPLETION PLAN DEADLINE PARKING LOT Accessible Ensure that 9 months from parking signage accessible parking date of final signage is judgment compliant with 2010 ADAS Section 502.6. PARKING LOT Insufficient Ensure that 36 months from number of parking lot is date of final accessible compliant with judgment parking stalls 2010 ADAS Section 208.2. ENTRANCE/ Slope of landing Ensure that 36 months from at main landing is date of final LOBBY entrance compliant with judgment exceeds 2% 2010 ADAS Section 404.2.4.4. ENTRANCE/ Exterior door Ensure that 9 months from handles operating date of final LOBBY hardware at judgment exterior doors is compliant with 2010 ADAS Section 404.2.7. ENTRANCE/ Maneuvering Ensure that 36 months from space between maneuvering date of final LOBBY two doors at space between two judgment side entrance doors at the side entrance is compliant with 2010 ADAS Section 404.2.6. ENTRANCE/ Side entrance Ensure that 36 months from door vertical vertical change at date of final LOBBY change greater side entrance is judgment than ¼ inch compliant with 2010 ADAS Section 404.2.5. ENTRANCE/ Guest check-in Ensure that 36 months from counter higher counter surface at date of final LOBBY than 36” off the guest check-in is judgment finished floor compliant with 2010 ADAS Section 904.4.1 ENTRANCE Floor mats in Secure carpet to 3 months from lobby not floor surface in date of final /LOBBY secured in place compliance with judgment 2010 ADAS 302.2. ENTRANCE/ Interior door Remove interior 36 months from threshold has a door threshold and date of final LOBBY vertical change ensure that it is judgment greater than ¼ compliant with inch 2010 ADAS Section 404.2.5. ENTRANCE/ Service counter Install a counter 36 months from is more than 36 surface at guest date of final LOBBY inches above check-in that is judgment finished floor compliant with 2010 ADAS Section 904.4.1 LOBBY Door operating Replace existing 9 months from hardware is not door operating date of final (Men’s accessible hardware with judgment Bathroom) hardware that is compliant with 2010 ADAS Section 404.2.7. LOBBY Maneuvering Ensure that 36 months from clearance on the maneuvering date of final (Men’s pull side of the clearance on the judgment Bathroom) door extends pull side of the less than 18 door is compliant inches beyond with 2010 ADAS the latch side of Section 404.2.4.1. the door LOBBY Threshold has Remove door 36 months from vertical change threshold and date of final (Men’s greater than ¼ ensure that it is judgment Bathroom) inch compliant with 2010 ADAS Section 404.2.5. LOBBY: Turning space is Ensure that the 36 months from not provided turning space date of final (Men’s within the within bathroom judgment Bathroom) bathroom is compliant with 1991 ADAS Section 4.22.3. LOBBY Compliant knee Ensure that knee 36 months from space has not space under date of final (Men’s been provided lavatory is judgment Bathroom) under the sinks compliant with 2010 ADAS Section 306.3.1. LOBBY Stall is not Ensure that 36 months from compliant (toilet bathroom stall is date of final (Men’s location, grab compliant with judgment Bathroom) bars, etc.,) 2010 ADAS Section 603.1; 604.4; 604.2; PORCH AREA No accessible Ensure that 9 months from dining surfaces dining area date of final complies with judgment 2010 ADAS Section 226.1. PORCH AREA Top of dining Ensure that the 9 months from surface tops of dining date of final improper height surfaces are judgment above floor compliant with 2010 ADAS Section 902.3. PORCH AREA Compliant knee Ensure that tables 9 months from and/or toe and ground space date of final clearance; are compliant with judgment inadequate floor 2010 ADAS space Section 305.3; and Section 1005.4. GUEST ROOM Door operating Ensure that door 36 months from 203 hardware operating date of final exceeds hardware complies judgment maximum with 2010 ADAS height. Section 404.2.7. GUEST ROOM Sign providing Ensure that 36 months from 203 directional signage providing date of final information is directional judgment non-compliant. information is compliant with 2010 ADAS Section 216.3. GUEST ROOM Light switches Ensure that light 36 months from 203 are too high switches are date of final compliant with judgment 2010 ADAS Section 308.3.1. GUEST ROOM Dresser drawer Ensure that 36 months from 203 hardware is not dresser drawer date of final accessible hardware is judgment compliant with 2010 ADAS Section 309.4. GUEST ROOM Lamp switch is Ensure that lamp 36 months from 203 not accessible switch is date of final compliant with judgment 2010 ADAS Sectio 309.4. GUESTROOM Shelf or storage Ensure that shelf 36 months from 203 facility is non- or storage facility date of final compliant is compliant with judgment 2010 ADAS Section 308.2.1 and Section 308.3.1. GUEST ROOM Route of travel Ensure that route 36 months from 203 within room of travel is date of final does not provide compliant with judgment minimum width 2010 ADAS of 36” Section 403.5.1. GUEST ROOM Clear floor or Ensure that floor 36 months from 203 ground space or ground space date of final near exterior near exterior judgment window window is compliant with 2010 ADAS Section 305.3. GUEST ROOM Table/desk in Ensure that table 36 months from 203 room does not in room is date of final have compliant compliant with judgment knee or toe 2010 ADAS clearance Section 306.2.1. GUEST ROOM Flush handle is Ensure that flush 36 months from 203 (Bathroom) located on handle on toilet is date of final wrong side of compliant with judgment toilet 2010 ADAS Section 604.6. GUEST ROOM Rear grab bar Ensure that rear 36 months from 203 (Bathroom) (in bathroom) is grab bar is date of final 1" too high; compliant with judgment incorrect length; 2010 ADAS wrong location; Section 609.4 and Section 604.5. GUEST ROOM Side grab bar Ensure that side 36 months from 203 (Bathroom) (in bathroom) is grab bar is date of final not long enough; compliant with judgment wrong location; 2010 ADAS too high; Section 604.5; GUEST ROOM Toilet is Ensure that toilet 36 months from 203 (Bathroom) installed in is compliant with date of final wrong location; 2010 ADAS judgment obstructed floor Section 604.3.2. space around and Section 604.2 toilet; GUEST ROOM Toilet paper is Ensure toilet 36 months from 203 (Bathroom) not installed paper location is date of final within compliant with judgment compliant range 2010 ADAS of toilet Section 604.7. GUEST ROOM Water/drain Ensure that water 36 months from 203 (Bathroom) pipes under and drain pipes date of final bathroom sink under sink are judgment are not compliant with adequately 2010 ADAS insulated Section 606.5. GUEST ROOM Towel bar is Ensure that towel 36 months from 203 (Bathroom) above maximum bar is compliant date of final height allowed with 2010 ADAS judgment Section 308.3.1. GUEST ROOM Shower stall is Ensure that 36 months from 203 (Bathroom) not 60" deep; shower stall is date of final portable seat is compliant with judgment not permitted in 2010 ADAS roll-in shower; Section 608.2.2; missing folding Section 608.4; seat; shower Section 610.3.; controls are in Section 608.5.2; wrong location 608.3.2;

GUEST ROOM Grab bar (in Ensure that 36 months from 203 (Bathroom) shower) in handheld sprayer date of final wrong location; and grab bar in judgment handheld shower are sprayer needs compliant with on/off control; 2010 ADAS Section 608.3.2 and Section 608.6. GUEST ROOM Maneuvering Ensure that 9 months from 203 (Bathroom) clearance by maneuvering date of final bathroom door clearance at judgment is obstructed by bathroom door is furniture compliant with 2010 ADAS Section 404.2.4.1. GUEST ROOM Bathroom door Ensure that 36 months from 203 (Bathroom) operating bathroom door date of final hardware is not operating judgment accessible hardware is compliant with 2010 ADAS Section 404.2.7. GUEST ROOM Bathroom Ensure that 36 months from 203 (Bathroom) window is not bathroom window date of final accessible is compliant with judgment because 2010 ADAS inadequate Section 305.3. clear floor space INDOOR POOL Spa lift is Ensure that spa 12 months from noncompliant lift is compliant date of final with 2010 ADAS judgment Section 1009.2. INDOOR POOL Pool lift is non- Ensure that pool 12 months from compliant lift is compliant date of final (missing with 2010 ADAS judgment armrests); floor Section 1009.2.6. space is and Section 305.3. obstructed; inaccessible route; INDOOR POOL Shower Ensure that 36 months from compartment is shower date of final missing folding compartment is judgment or non-folding compliant with seat 2010 ADAS Section 608.4. INDOOR POOL Showing is Ensure that 36 months from (Shower) missing shower has date of final handheld spray handheld spray judgment unit with 60" unit that complies hose with 1991 ADAS Section 4.20.6. INDOOR POOL Controls for Ensure that 36 months from (Shower) shower are 1" operable parts of date of final too high controls are judgment compliant with 2010 ADAS Section 608.5.1. INDOOR POOL Coat hook in Ensure that coat 36 months from (Shower) shower is too hook in shower is date of final high compliant with judgment 2010 ADAS Section 308.2.1. INDOOR POOL Water/drain Ensure that water 24 months from pipes under and drain pipes date of final sink are not under sink are judgment adequately compliant with insulated 2010 ADAS Section 606.5. INDOOR POOL Trash can under Ensure that knee 9 months from sink obstructs clearance under date of final knee space sink is compliant judgment with 2010 ADAS Section 306.3.1. INDOOR POOL Toilet seat cover Ensure that toilet 36 months from dispenser is in seat cover date of final wrong location dispenser is judgment in stall compliant with 2010 ADAS Section 309.2. INDOOR POOL Locker room Ensure that locker 24 months from door opening room door opening date of final (Locker Room) doesn't have is compliant with judgment adequate floor 2010 ADAS maneuvering Section 404.2.4 space INDOOR POOL Towel hooks in Ensure that towel 36 months from pool area; no hooks are date of final clear floor compliant with judgment space; installed 2010 ADAS too high. Section 305.3 and Section 308.2.1. INDOOR POOL Coat hooks Ensure that coat 36 months from extend too close hooks are date of final to route of compliant with judgment travel; no clear 2010 ADAS floor space; Section 307.3. installed too high OUTDOOR Threshold at Ensure that 12 months from POOL doorway to threshold has date of final outside has vertical change judgment vertical change that is compliant greater than ¼” with 2010 ADAS Section 404.2.5. OUTDOOR Accessible route Ensure that 12 months from POOL to outdoor pool accessible route to date of final has slopes outdoor pool is judgment exceeding 5%; compliant with and no 2010 ADAS compliant Section 403.3. and handrails Section 405.2. OUTDOOR Pool gate Ensure that pool 36 months from POOL operating gate operating date of final hardware is hardware is judgment non-compliant; compliant with too high 2010 ADAS Section 309.4. and Section 404.2.7.

OUTDOOR No accessible Ensure that 36 months from POOL dining surfaces dining surfaces date of final in outdoor pool are compliant with judgment area; compliant 2010 ADAS knee and/or toe Section 226.1. and clearance is Section 306.2.1. needed at poolside OUTDOOR Handheld Ensure that 36 months from POOL sprayer (in handheld sprayer date of final outdoor shower) is compliant with judgment is mounted too 2010 ADAS high; on/off Section 608.6. and controls; grab grab bar is bar wrong compliant with location 2010 ADAS Section 609.3 OUTDOOR Water/drain Ensure that 36 months from POOL pipes under piping under sink date of final sink are not are compliant with judgment adequately 2010 ADAS insulated Section 606.5.

OUTDOOR Top rim of sink Ensure that 36 months from POOL is 1” too high height of sink is date of final compliant with judgment 2010 ADAS Section 606.3. OUTDOOR Back gate Ensure that back 24 months from POOL operating gate operating date of final hardware is not hardware is judgment accessible; compliant with wrong height; 2010 ADAS inadequate Section 309.4.; maneuvering Section 404.2.7. space and Section 404.2.4.1. OUTDOOR No accessible Ensure that route 36 months from POOL route to firepit to firepit is date of final compliant with judgment 2010 ADAS Section 206.2.2. LAUNDRY Threshold at Ensure that 36 months from AREA entrance has threshold is date of final vertical change compliant with judgment greater than ¼” 2010 ADAS Section 404.2.5. LAUNDRY Door operating Ensure that door 9 months from AREA hardware is not operating date of final accessible hardware is judgment compliant with 2010 ADAS Section 404.2.7. LAUNDRY Inadequate Ensure that 36 months from AREA maneuvering maneuvering on date of final clearance near the pull side of the judgment door (push and door is compliant pull sides) with 2010 ADAS Section 404.2.4.1. LAUNDRY Inadequate Ensure that 36 months from AREA turning turning space in date of final clearance laundry area is judgment compliant with 2010 ADAS Section 304.3.1; and Section 304.3.2.

LAUNDRY Height of Ensure that 36 months from AREA workspace; non- workspace is date of final compliant compliant with judgment knee/toe 2010 ADAS clearance Section 902.3 and Section 306.2.1. LAUNDRY Paper towel Ensure that paper 9 months from AREA dispenser too towel dispenser is date of final high compliant with judgment 2010 ADAS Section 306.3.3. LOWER Route of travel Ensure that route 9 months from LEVEL STORE less than 36” of travel is date of final minimum width compliant with judgment 2010 ADAS Section 403.5.1. LOWER Maneuvering Ensure that 36 months from LEVEL STORE clearance at maneuvering date of final door exceeds 2% clearance at door judgment slope is compliant with 2010 ADAS Section 404.2.4.4. LOWER Inadequate Ensure that floor 36 months from LEVEL STORE clear floor space space complies date of final with 2010 ADAS judgment Section 305.3. LOWER Coat hooks are Ensure that coat 36 months from LEVEL STORE too high hooks are date of final compliant with judgment 2010 ADAS Section 308.3.1. LOWER No accessible Ensure that 36 months from LEVEL STORE fitting and/or dressing room is date of final dressing room compliant with judgment 2010 ADAS Section 222.1. LOWER Paper towel Ensure that paper 9 months from LEVEL dispenser is too towel dispenser is date of final RESTROOM high from floor compliant with judgment 2010 ADAS Section 308.2.1. LOWER Water/drain Ensure that pipes 24 months from LEVEL pipes under under sink are date of final RESTROOM sink are not compliant with judgment insulated 2010 ADAS Section 606.5. 2nd FLOOR Vending room Ensure that 36 months from VENDING door operating vending room door date of final hardware is not operating judgment accessible hardware is compliant with 2010 ADAS Section 404.2.7. 2nd FLOOR Compliant room Ensure that room 36 months from VENDING identification identification sign date of final sign is missing is compliant with judgment from latch side 2010 ADAS of door Section 216.2 and Section 703.4.2.

2nd FLOOR Vending Ensure that 24 months from VENDING controls are too vending controls date of final high are compliant with judgment 2010 ADAS Section 308.3.1. OTHER Not enough Ensure that hotel 36 months from GUEST accessible rooms complies with date of final ROOMS designed with 2010 ADAS judgment mobility Section 224.2. features OTHER Accessible guest Ensure that 36 months from GUEST rooms are not accessible guest date of final ROOMS dispersed rooms comply with judgment among various 2010 ADAS classes of Section 224.5. sleeping accommodations OTHER Vanity Ensure that 36 months from GUEST countertop vanity counter date of final ROOMS space in tops are compliant judgment accessible guest with 2010 ADAS rooms is smaller Section 806.2.4.1. than vanity counter-top space in non- accessible rooms

SO ORDERED.

/s/ Paul J. Barbadoro Paul J. Barbadoro United States District Judge

September 3, 2025

cc: Counsel of Record