MGM, Justice Dept. reach ADA deal

David Strow

Friday, Sept. 17, 1999 | 11:08 a.m.

The MGM Grand announced a pact with the U.S. Justice Department on Thursday guaranteeing full compliance with the Americans with Disabilities Act Thursday, the first such agreement ever signed by a Las Vegas hotel-casino.

"This is a historic agreement because it is the first agreement we have ever had in Las Vegas," said John Wodatch, chief of the Disability Rights Section of the Justice Department's Civil Rights Division. "It opens up the entertainment industry here for people with disabilities.

"Today's agreement should serve as a model for all hotels and casinos in Las Vegas, and across the nation."

The agreement will result in the dismissal of three ADA complaints filed with the Justice Department against MGM in 1994 and 1995. The Justice Department's investigation began in late 1995, and talks with MGM began the following year. One complaint was filed about access to the MGM's theme park, while another person complained about lack of access to the Hollywood Theater.

"This has been a four-year process of cooperation," said Dan Wade, MGM executive vice president and chief operating officer. "We have come together on an issue that has been debated for years."

The settlement agreement calls for MGM "to remove barriers to access where such removal is readily achievable ... easily accomplishable and able to be carried out without much difficulty and expense."

In addition, any renovations made to the property must be designed to allow access for the disabled. MGM also agreed to pay undisclosed compensation to the complainants as part of the settlement. The resort must also file annual reports for the next six years with the Justice Department outlining its compliance efforts.

Should MGM fail to comply with terms of the settlement, the Justice Department will seek fines of no less than $50,000 per incident, the agreement states. MGM did not admit violating the ADA Act in the settlement, and Justice Department officials praised the resort for its cooperation during the investigation process.

Wade said MGM's $550 million renovation project, started in 1996, has made much of the necessary improvements to the property. These renovations include disabled-accessible seating in the MGM Grand Garden Arena, as well as property theaters; lowered ticket and change counters; numerous wheelchair ramps; disabled-accessible entrances to pools and spas; the addition of wheelchair-accessible tables in property restaurants; the addition of numerous lower table games; and improved access to high-roller gaming areas.

When MGM launches room renovations this fall, it will add 36 disabled-accessible rooms to the property, bringing the number of total accessible rooms to 112. In addition, MGM will add 15 rooms with visual alarm devices, raising the number to 46. Room renovations will take place at least through the end of next year.

While showing the ADA-complaint facilities, Don Jonker, MGM's vice president of loss prevention, noted that the resort's 107 current disabled-accessible rooms are now only running at 10 percent occupancy.

"We already have more than enough, but by adding more, we hope we can attract people with disabilities," Jonker said.

Wade declined to say how much MGM was spending specifically on ADA compliance.

"We don't put a dollar and cents value on it," he said. "We just want to make sure it's done properly."

The agreement signed Thursday does not apply to any other properties owned by parent company MGM Grand Inc. However, Wade said, "we will make sure we satisfy ADA in every facility we own."

MGM may be the first settlement, but Wodatch said it will not be the last. Further ADA investigations are now being conducted at other Las Vegas properties, he said, and at least one more settlement is expected in the near future. He declined to identify the properties under investigation.

"Too often, visitors with disabilities have been prevented from fully enjoying the experience of Las Vegas," he said. "The existence of these barriers, nine years after the passage of the ADA Act, can no longer be tolerated."

Wade said MGM is committed to helping that happen.

"The Department of Justice will always have our services to communicate with other properties in town," he said.