Judge orders ADA modifications

Wednesday, March 27, 2002 | 11:44 a.m.

A federal judge ordered Stratosphere Tower, which was accused of violating the Americans with Disabilities Act (ADA), to retrofit 532 of its 2,444 rooms with 32-inch interior bathroom doorways within 20 weeks.

Disabled Rights Action Committee member Tamara Thompson, who is a wheelchair user, sued the hotel-casino in U.S. District Court, alleging guests with disabilities don't have a choice of sleeping accommodations and bathroom facilities that are accessible to the disabled. Thompson also said the counters at the Strat-o-Java expresso bar, restrooms, telephone booths and restaurants weren't ADA-compliant.

The Stratosphere, however, denies it violated ADA regulations and argues it is entitled to summary judgment because Thompson's claims "lack standing and ... are moot" because it has completed retrofitting a number of the 532 rooms.

But U.S. District Judge Roger Hunt, in an order last week, denied the defendant's motion for summary judgment.

"Regardless of (Stratosphere's) pledge to complete retrofitting within a few months, defendant is currently in violation of the ADA and will remain in violation for sometime," Hunt wrote. "The court also notes that in recent years, defendant has faced both bankruptcy and a change of ownership. If either were to reoccur in the coming months, there is no guarantee that defendant would complete its promised work."

Stratosphere officials could not be reached for comment.

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