Disabled In Action: Duane Reade Settlement (Final Consent Decree)

This Consent Decree and Settlement Agreement is entered into as of _________, 2006 (the "Effective Date") by and among DUANE READE, INC., ("Duane Reade") a Delaware corporation having its offices at 440 Ninth Avenue, New York, New York, 10001 and DISABLED IN ACTION OF METROPOLITAN NEW YORK, INC., MARTY SESMER, SUSAN PARKER, JEAN RYAN, DAVID DOPICO, SANDRA COBB, MARILYN SAVIOLA, ANTOINETTE WILLIAMS, MARK SHAW-LAWRENCE, DANIEL ROBERT, and NADINA LASPINA (collectively, "the Plaintiffs"). Duane Reade and the Plaintiffs are referred to jointly as the "Parties."

WHEREAS, Duane Reade owns and operates approximately two hundred and fifty (250) retail drugstores doing business on leased premises throughout, among other places, New York City; and

WHEREAS, Disabled in Action of Metropolitan New York, Inc. ("DIA") is a not-for-profit, incorporated, membership organization based in New York City, whose members include people with a variety of disabilities as defined by Title III of the ADA, Section 504 of the Rehabilitation Act of 1973, and New York City Human Rights Law, including individuals with physical mobility impairments that substantially limit them in at least the major life activity of walking and that prevent the exercise of normal bodily functions and/or are demonstrable by medically accepted diagnostic techniques; and

WHEREAS, MARTY SESMER is a resident of New York City who requires a wheelchair to gain mobility and uses an electric wheelchair as his sole means of locomotion; and

WHEREAS, SUSAN PARKER is a resident of New York City who requires a wheelchair to gain mobility and uses a wheelchair as her primary means of locomotion; and

WHEREAS, JEAN RYAN is a resident of New York City who requires a wheelchair to gain mobility and uses a wheelchair as her primary means of locomotion; and

WHEREAS, DAVID DOPICO is a resident of New York City who requires a wheelchair to gain mobility and uses an electric wheelchair as his primary means of locomotion; and

WHEREAS, SANDRA COBB is a resident of New York City who uses a cane to gain mobility; and

WHEREAS, MARILYN SAVIOLA is a resident of New York City who uses a wheelchair to gain mobility and uses a wheelchair as her primary means of locomotion; and

WHEREAS, ANTOINETTE WILLIAMS is a resident of New York City who requires a wheelchair to gain mobility and uses an electric wheelchair as her primary means of locomotion; and

WHEREAS, MARK SHAW-LAWRENCE is a resident of New York City who requires a wheelchair to gain mobility and uses an electric wheelchair as his primary means of locomotion; and

WHEREAS, DANIEL ROBERT is a resident of New York City who requires a wheelchair to gain mobility and uses an electric wheelchair as his primary means of locomotion; and

WHEREAS, NADINA LASPINA is a resident of New York City who requires a wheelchair to gain mobility and uses a wheelchair as her primary means of locomotion; and

WHEREAS, on May 31, 2001, Plaintiffs filed a lawsuit against Duane Reade in the United States District Court for the Southern District of New York, Docket No. 01 Civ. 4692 (WHP), alleging that Duane Reade's stores and policies violate the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the New York City Human Rights Law (the "Action"); and

WHEREAS, on July 18, 2001, Duane Reade filed an Answer denying any liability for any violation of Title III of the ADA, Section 504 of the Rehabilitation Action and the New York City Human Rights Law; and

WHEREAS, as a result of negotiations between the parties, the Parties have agreed to resolve several of the issues raised in the Action; and

WHEREAS, neither the negotiation nor the execution of this Consent Decree and Settlement Agreement by either party is an admission of liability on any issue.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, as well as good and valuable consideration, the Parties agree as follows:

The Parties agree that this Court has jurisdiction over the Parties and subject matter of these actions. The Parties agree that the controversy should be resolved without further proceedings, except as specified below regarding the "Stock" provision, and without an evidentiary hearing. Therefore, the Parties have consented to entry of this Consent Decree and Settlement Agreement, as indicated by the signatures appearing below.

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It is therefore ORDERED, ADJUDGED AND DECREED:

JURISDICTION AND VENUE

This Court has jurisdiction over this action pursuant to 28 U.S.C. �� 1331, 1343(3), 42 U.S.C. � 12188(a)(1), and 28 U.S.C. � 1367. Venue is proper in this District pursuant to 28 U.S.C. � 1391.

DEFINITIONS

For the purpose of this Consent Decree and Settlement Agreement, the following terms have the meanings ascribed as follows:

1.1 "Accessibility Laws" refer to the Americans with Disabilities Act of 1990, 42 U.S.C. � 12101 et seq. and the Title III implementing regulations, 28 C.F.R., Part 36, including Appendix A, the Standards for Accessible Design, Section 504 of the Rehabilitation Act and its implementing regulations, New York City Human Rights Law, New York City Admin. Code 8-107 et seq., and all regulations and guidelines pertaining to them. The parties acknowledge that to the extent the Accessibility Laws set forth different standards for accessibility based upon the dates of construction and/or alterations or modifications to any public accommodation, all such standards shall apply pursuant to the provisions of the Accessibility Laws.

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1.2 "ADA" means the Americans with Disabilities Act of 1990, 42 U.S.C. � 12101 et seq. and the Title III implementing regulations, 28 C.F.R., Part 36, including Appendix A, the Standards for Accessible Design.

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1.3 "ADASAD" means the Americans with Disabilities Act Standards for Accessible Design as approved by the United States Department of Justice and incorporated as Appendix A to 28 C.F.R. Part 3.

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1.4 "The Court" means the United States District Court for the Southern District of New York.

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1.5 "Disability Consultant" means a person who has three (3) or more years experience in implementing the ADASAD and/or other disability related accessibility guidelines and who is retained by a party to assist in the evaluation and litigation of this matter. Notwithstanding any other provision to the contrary, the parties agree that John P.S. Salmen qualifies as a Disability Consultant.

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1.6 "Display" means anything that presents merchandise that is available for sale to consumers that is not fixed to the floor or walls of a Duane Reade store, including, but not limited to, racks, stands, seasonal items, and boxes and cartons from which customers can select products for purchase.

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1.7 "Duane Reade Survey" means the survey to be used by Duane Reade to survey the Non-Exemplar Stores.

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1.8 "Exemplar Store" or "Exemplar Stores" refers to the Duane Reade stores identified in Section 4.

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1.9 "New Store" or "New Stores" refers to Duane Reade stores which open in the five boroughs of New York City after the Effective Date of this Agreement.

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1.10 "New York City Human Rights Law" means New York City Admin. Code 8-107 et seq.

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1.11 "Non-Exemplar Store" or "Non-Exemplar Stores" refers to each Duane Reade store that is located within the five boroughs of New York City that is open on or after the Effective Date of this Agreement.

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GENERAL ACCESSIBILITY COMPLIANCE

2.1 The obligations set forth in this Section 2 shall apply to all Duane Reade Stores in the five boroughs of New York City, including the Exemplar Stores, Non-Exemplar Stores, and New Stores. Duane Reade�s timetable for implementing the obligations set forth in Section 2 are set forth in Sections 3 and 4; provided, however, that nothing in this sentence shall operate to terminate the obligations set forth in Section 2 once they attach.

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2.2 SIGNS

2.2.1 Duane Reade agrees to (1) post and maintain a decal on the accessible entrance of all its stores indicating that it is an accessible entrance; and (2) post and maintain a sign on any inaccessible public use entrance of any of its stores directing customers to the location of an accessible entrance. The decals will be adhesively attached to the door in a manner similar to Duane Reade's "store-hours" signs. Text on all such decals on the doors shall be at least three (3) inches high if the sign is eighty (80) inches high or more from the floor of the Store or the same size as the text of the "store hour" signs, and include the international symbol of accessibility with the standard white on a blue background or blue on a white background.

2.2.2 Duane Reade also agrees to post and maintain internal signs that explain the availability of services to people with mobility impairments. These signs shall be posted and maintained in locations such as overhead or on vertical surfaces near entrances, where they will be readily visible to customers as they enter the stores, and near any and all areas that have limited access. Text on all internal signs shall meet the requirements of ADASAD.

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2.3 ENTRANCES TO STORES

2.3.1 Duane Reade shall assess any and all entrances to its stores to determine (a) whether there are any impediments to access; and if so, (b) whether the removal of any and all impediments (such as stairs) is Readily Achievable; and (c) whether the removal of the impediments is required by 28 C.F.R. Part 36, Subpart D. If the criteria in (a) and (b) or (c) are met, Duane Reade will modify the entrance by constructing or modifying a ramp, installing a lift that can be customer operated, or taking other actions to reconstruct the entrance to make the entrance accessible. If the criteria in (a) and (b) or (c) are not met, or if Duane Reade is prohibited from altering the entrance to the store because of New York City rules or regulations, then Duane Reade will comply with Section 2.9 "NOTIFICATION SYSTEMS," and Section 2.2 "SIGNS," of this Consent Decree and Settlement Agreement.

2.3.2 To the extent New York City rules and regulations prohibit Duane Reade from altering the entrance to a store, Duane Reade agrees to notify the appropriate City Agencies promptly, in writing, of the problems with the entrance and request that it be permitted to modify the entrance, if the criteria of this Section are met. The Parties agree that Duane Reade is not required to commence litigation against New York City if it refuses permission to alter the entrance. Duane Reade will provide Plaintiffs with copies of such correspondence upon request.

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2.4 SIDEWALKS AT ENTRANCES TO STORES

2.4.1 To the extent New York City is responsible for the maintenance and repair of the sidewalks outside of any Duane Reade store, Duane Reade agrees to notify, in writing, the appropriate New York City agencies, including, but not limited to, the Department of Transportation, and to identify any defect(s) to the sidewalks that impede access to the Duane Reade store and request that it be corrected. The Parties agree that Duane Reade is not required to commence litigation against New York City if any such defect is not corrected by New York City, but will provide Plaintiffs with copies of all correspondence between New York City and Duane Reade.

2.4.2 To the extent the landlord of the building in which a Duane Reade store is located is responsible for the maintenance and repair of the sidewalks outside of a Duane Reade store, Duane Reade agrees to notify, in writing, the landlord and identify any defect(s) to the sidewalks that impede access to the Duane Reade store and request that it be corrected. The Parties agree that Duane Reade is not required to commence litigation against any landlord if any such defect is not corrected by the landlord, but will provide Plaintiffs with copies of all correspondence between any such landlords and Duane Reade upon request.

2.4.3 To the extent Duane Reade is responsible for the design and construction of sidewalks outside of any Duane Reade store, Duane Reade agrees to use reasonable efforts taking into account local building codes and regulations to ensure that (1) the slope of any such sidewalk is not more than 1:20 as a ratio of run to rise, with a maximum cross slope of 1:48 as a ratio of run to rise; and (2) such sidewalk has a firm, stable, and non-slip surface.

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2.5 ENTRY/EXIT DOORS AND DOORWAYS

2.5.1 Push/Pull Pressure

2.5.1.1 Duane Reade agrees to check all interior and exterior doors and readjust the closers annually. Duane Reade agrees to maintain interior doors so that they do not require greater than a 5.0 lbs push/pull force. Duane Reade agrees to maintain exterior doors in accordance with the New York City Building Code for all stores within New York City limits. Until the expiration date of the Settlement Agreement as set forth in Section 10.8, Duane Reade agrees to maintain maintenance records for all repairs required under this Section.

2.5.1.2 Where push/pull pressure on doors is not in compliance with this Section, and to the extent Duane Reade is responsible for the maintenance and repair of such doors, Duane Reade agrees to take one or more of the following steps, as appropriate to the particular store to achieve compliance with Accessibility Laws: (1) replace door closers as needed to meet door pressure requirements; (2) install automatic doors with controls; (3) replace and/or repair metal thresholds; (4) repair the door; or (5) implement other alternatives to provide access. Duane Reade agrees that it will make a good faith effort to find a physical solution to correct any doors not in compliance with this Section. In the event that physical modification is not required under the provisions of the Accessibility Laws, Duane Reade will post signage directing customers to an accessible entrance.

2.5.1.3 Where push/pull pressure on doors is not in compliance with this Section, and to the extent Duane Reade is not responsible for the maintenance and repair of such doors, Duane Reade agrees to: (1) write to the party who is responsible for the maintenance and repair of such doors asking them to adjust the door pressure to comply with this Section; and (2) where appropriate, notify the landlord to allow use of and/or modification to alternate accessible entrances. The Parties agree that Duane Reade is not required to commence litigation against any landlord in connection with this Section.

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2.5.2 Door Maneuvering Space Requirements

2.5.2.1 Duane Reade agrees that the door maneuvering clearances of its doors and doorways shall comply with Figure 25 of ADASAD. To the extent such clearances do not comply, Duane Reade shall correct such clearances by removing doors and/or changing the swing of the door. Duane Reade agrees to remove or relocate items placed near such doors to provide at least a thirty-six (36) inch wide pathway, or at least a thirty-two (32) inch wide pathway if the length of the narrowed portion of the pathway is no more than twenty-four (24) inches, or to implement other alterations as necessary to comply with ADASAD.

2.5.2.2 Duane Reade shall correct any and all conditions with respect to the accessibility of entrance door vestibules that are not in compliance with ADASAD. As appropriate to the particular circumstance, Duane Reade shall use one of the following methods: (1) remove the internal door; (2) lengthen the vestibule so that the minimum space between two doors is at least forty-eight (48) inches plus the width of any door swinging into the space between any two doors; (3) remove the dividing wall between the "in" and "out" vestibules so as to provide adequate space for a wheelchair to maneuver; (4) alter the angle or location of the entrance doors; (5) install automatic doors; (6) insure that there is clear floor space for a wheelchair free of the swing of the door being used; or (7) otherwise reconstruct the entrance to make it accessible pursuant to the ADASAD.

2.5.2.3 Duane Reade will check entrance doors annually to ensure compliance with this Section. Duane Reade will promptly inspect any entrance doors in response to any customer complaint.

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2.6 PILLARS AND SHELVING

2.6.1 The parties agree that customers who use wheelchairs may not be able to reach shelved merchandise that is more than twenty-four (24) inches from an accessible aisle (i.e., an aisle that is at least thirty-six (36) inches wide or at least thirty-two (32) inches wide for a distance of not more than twenty-four (24) inches that leads to an accessible store entry).

2.6.2 In stores where pillars and/or shelving may interfere with accessibility, Duane Reade will explore means by which it can provide physical access to those areas. Duane Reade shall make the modifications and/or alterations necessary pursuant to the Accessibility Laws to provide physical access. In the event that physical access is not required pursuant to the Accessibility Laws, then the Parties agree that it is acceptable for Duane Reade to post signage compliant with Section 2.2 "SIGNS" indicating that alternate sales service is available.

2.6.3 To the extent that an aisle has a pillar that narrows an aisle to thirty-two (32) inches wide for distances more than twenty-four (24) inches, such narrowed aisle will be treated like a Dead End if it meets the terms and conditions specified in Section 2.7 "DEAD END AISLES."

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2.7 DEAD END AISLES

2.7.1 For all aisles in Duane Reade stores that are twenty (20) feet long or more and for which there is only one way to enter and exit ("Dead End Aisles"), Duane Reade will provide in such aisles a space to make a 180-degree turn in a clear space with a sixty (60) inch diameter or T-turn, as described in Section 4.2.3 of ADASAD. Duane Reade agrees that in all aisles that are Dead End Aisles, Duane Reade will not place any stock or displays that would narrow these aisles to less than thirty-six (36) inches wide or less than thirty-two inches wide for a distance of not less than twenty-four inches long. The parties acknowledge that such restriction does not prevent Duane Reade from restricting Dead End Aisles when stock is being packed out from the box to the shelf. Aisles blocked by stock or displays will not be considered dead ends for purposes of this provision.

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2.8 ELEVATORS

2.8.1 To the extent any New Store has multiple floors open to the public and one or more of the floors is not accessible by means of any elevator, lift, or ramp, to the extent it is structurally possible, Duane Reade agrees to install an elevator, ramp or lift that complies with the Accessibility Laws in order to provide access to those levels.

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2.9 NOTIFICATION SYSTEMS

2.9.1 For each of its stores where stairs or escalators lead to a store's pharmacy and no elevator access is provided ("multi-floor stores"), and installation of an elevator, lift, or other device to ensure access to that level of the store is not required under the Accessibility Laws, Duane Reade agrees to install a direct telephone on the entrance level near the stairwell that leads to the pharmacy to permit customers to speak with and, if necessary, summon a pharmacist or other pharmacy personnel. The direct telephone shall be positioned to allow the customer to carry out a private conversation with the pharmacist or other pharmacy personnel.

2.9.2 For Duane Reade stores that have an accessible entrance that is locked and/or not open during hours in which a store is open for business, Duane Reade agrees to install the Big Bell communication system to permit customers to alert Duane Reade personnel in the store that a customer requires the accessible entrance to be unlocked and/or opened. A sign shall be posted near the Duane Reade employee station or stations that receive the customer request with instructions to assist the customer in entering the store through an accessible entrance.

2.9.3 The Parties agree to evaluate the effectiveness of the Big Bell communication system twelve months after the Effective Date of this Consent Decree and Settlement Agreement. Within three months after the Effective Date of this Consent Decree and Settlement Agreement, Duane Reade will provide the Plaintiffs with a list of all stores at which the primary entrance is inaccessible and the accessible entrance is locked. Duane Reade agrees that the Plaintiffs may make unscheduled tests by going to these stores, using the Big Bell, and recording the response time. The Parties will then meet within thirty days of the conclusion of the first twelve month period to confer on the effectiveness of the Big Bell communication system and to evaluate alternatives, taking into account Plaintiffs� findings regarding response times, the availability of alternative two-way communications systems that meet accessibility specifications, and the cost and technical feasibility of any such alternative systems.

2.9.4 Duane Reade agrees it will use its best efforts to enable access to its stores through existing alternative accessible doors, and will provide notice as provided in section 2.2 "SIGNS."

2.9.5 Duane Reade will designate the employees responsible in each store for fulfilling Duane Reade's obligations set forth in this Section.

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2.10 COUNTERS

2.10.1 For its current stores, Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance (the "Accessible Counter"). The Parties also agree that the Accessible Counter shall be the first check out station to open and the last check out station to close in each store. Duane Reade agrees to place signs with the international symbol of accessibility near the Accessible Counter.

2.10.2 Duane Reade also agrees to install credit and debit card swipe machines at the Accessible Counter that have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD.

2.10.3 Racks below Accessible Counters, as defined in 2.10.1, including candy and gum racks, shall not protrude beyond the edge of the Accessible Counter, except that where appropriate, items will be removed from the top shelf so that the shelf can be used as an Accessible Counter.

2.10.4 Duane Reade agrees that for all stores opened after the Effective Date of this Consent Decree and Settlement Agreement, all customer service counters in such stores shall be no more than thirty-six (36) inches high, with a tolerance of one half (1/2) inch.

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2.11 DROP BOXES

2.11.1. Duane Reade agrees to move obstructions or relocate any Drop Boxes in its stores to provide an accessible pathway that is at least thirty-six (36) inches wide or at least thirty-two (32) inches wide for a distance of no more than twenty-four (24) inches from an accessible entry to the Drop Box. If there is more than one Drop Box in the store, only one Drop Box needs to be accessible and Duane Reade will provide signage at any inaccessible drop boxes indicating the location of the accessible Drop Box.

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2.12 AUTOMATED TELLER MACHINES

2.12.1 Duane Reade agrees to remove obstructions to or relocate at least one Automated Teller Machine ("ATM") in its stores to provide at least a thirty-six (36) inch wide pathway, or at least a thirty-two (32) inch wide pathway if the length of the narrowed portion of the pathway is no more than twenty-four (24) inches wide from an accessible entry to at least one ATM. Duane Reade will provide signage indicating the accessible ATM. Nothing in this Section or this Agreement requires Duane Reade to install or maintain any ATM in any of its stores.

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2.13 FIRE SAFETY/ASSISTANCE RESCUE AREA

2.13.1 Duane Reade will comply with the Accessibility Laws in all stores.

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2.14 STAIRS

2.14.1 For each Duane Reade store that has a stairway and does not have an elevator, lift or ramp, the handrail extensions on the staircase shall extend at least twelve (12) inches beyond the top riser and at least twelve 12 inches plus the width of one tread beyond the bottom riser where such extension does not create a hazard to customers. At the top of any such stairway, Duane Reade agrees that the extension of the handrail will be parallel with the floor or ground surface. At the bottom of any such stairway, Duane Reade agrees that the handrail shall continue to slope for a distance of the width of one tread from the bottom riser of such stairway, but that the remainder of the extension of the handrail shall be horizontal.

2.14.2 In each Duane Reade store with a stairway that does not have an elevator, ramp or lift, Duane Reade will install handrails on both sides of each stairway.

2.14.3 Duane Reade agrees to use its best efforts to make the nosing of the stairways in Duane Reade stores that do not have an elevator, ramp or lift, compliant with Section 4.9.3 of ADASAD.

2.14.4 Duane Reade agrees to remove all Displays from all stair runs in its stores that do not have an elevator, ramp or lift, subject to compliance with applicable fire code regulations. Intermediate landings may contain Displays, so long as they maintain an accessible route of passage.

2.14.5 Duane Reade also agrees to make each step of each stairway have a maximum rise of seven (7) inches in New Stores in compliance with the Accessibility Laws.

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2.15 RAMPS

2.15.1 Duane Reade agrees that for each Duane Reade store that has a ramp, it will install handrails on both sides of each ramp that comply with Section 4.8.5 of ADASAD.

2.15.2 In each Duane Reade store that has a ramp that is located outside of the store, Duane Reade will install edge protection to such ramp that is between two (2) inches and four (4) inches above the ramp surface if there is a drop-off within twelve (12) inches of the inward surface of the handrail. Such edge protection may take the form of curbs, walls, railings, or projecting surfaces that prevent people from falling, slipping or rolling off the ramp.

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2.16 EMERGENCY EXIT DOORS

2.16.1 Duane Reade agrees to remove any obstructions to emergency exit doors on accessible levels in Duane Reade stores to ensure that all routes to any emergency exit are at least thirty-six (36) inches wide, or at least thirty-two (32) inches wide if the length of such route is less than twenty-four (24) inches and ensure that the doors are otherwise compliant with the Accessibility Laws.

2.16.2 Duane Reade agrees to install emergency exit signs centered sixty (60) inches from the floor at each emergency exit door.

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2.17 DISPLAYS

2.17.1 Duane Reade agrees to place and maintain the location of displays so that they will not narrow aisles to less than thirty-six (36) inches in width, measured at the narrowest point of passage between the display and the opposite side of the aisle.

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2.18 STOCK

2.18.1 The Parties� obligations with respect to stock are described in the Court�s Order of October 28, 2005.

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EXEMPLAR STORES

3.1 Duane Reade agrees that its obligations set forth in Section 2 of this Consent Decree and Settlement Agreement as to the Exemplar Stores will be completed within six (6) months of the Effective Date of this Consent Decree and Settlement Agreement. Duane Reade shall promptly submit written confirmation to the Plaintiffs that such obligations have been completed.

3.2 Duane Reade agrees to make the following specific modifications within each of the Exemplar Stores, listed below.

Store	Description	Actions Agreed to by Duane Reade (DR)
All		Install decal signs at entry doors identifying and providing directions to accessible entrances. DR will also provide interior signs indicating availability of service assistance.
103 (300 Park Avenue)	a. The cross slope of the sidewalk of the landing in front of the entrance is too steep.	Write a letter to the city and landlord to address the severe cracks and 17.6% slope in front of the entrance of the store.
103 (300 Park Avenue)	b. The amount of pressure required to open the door exceeds the maximum.	Provide directional signage to the accessible entrance: Right arrow & ISA. Negotiate with the landlord to allow use of and modification to the freight entrance at 47 East 22nd Street, and if not successful, install an automatic door operator with appropriate controls, intercom and surveillance systems.
103 (300 Park Avenue)	d. Movable objects in the store restrict access to goods or services.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
103 (300 Park Avenue)	e. Overhead clearances all below the minimum allowable height.	DR will train management staff to maintain 80"h head room in all aisles throughout the store.
103 (300 Park Avenue)	f. The counter heights exceed the maximum allowable height.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
103 (300 Park Avenue)	g. The ATM is inoperable without vision.	Write a letter to inform ATM vendor of their responsibility to provide accessible equipment.
115 (51 West 51st Street)	a. There are gratings with openings greater than 1/2 inch wide.	Write a letter to the city and landlord to address the gratings that have openings greater than 1/2 inch.
115 (51 West 51st Street)	b. The amount of pressure required to open the door exceeds the maximum.	Write a letter to the landlord asking them to adjust the door pressure.
115 (51 West 51st Street)	c. The depth of the pull side maneuvering area is below the minimum.	Relocate EAS.
115 (51 West 51st Street)	d. Movable objects in the store restrict access to goods or services.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
115 (51 West 51st Street)	e. Objects in the retail area are protruding more than 4" into aisles at heights above 27".	DR will train management staff to maintain 80"h head room in all aisles throughout the store.
115 (51 West 51st Street)	f. Overhead clearances (beams, displays and signs) fall below the minimum allowable height.	Install a warning sign to alert of low hanging obstruction.
115 (51 West 51st Street)	h. There is no portion of the counter that is 36" or less and the depth of the obstructions from the leading edge exceeds maximum allowable depth.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
115 (51 West 51st Street)	j. The height of the alarm pull exceeds maximum.	Relocate the fire alarm pull station or install a pull station extender.
115 (51 West 51st Street)	k. The diameter of the gripping surface exceeds maximum.	Replace with compliant handrails.
115 (51 West 51st Street)	l. The length of the handrail extension beyond the front edge of the top riser is below the minimum.	Provide handrail extensions on both sides at top of stairs if safe design can be achieved.
119 (525 7th Avenue)	a. The narrowest clear width of the doorway opening is below the minimum.	Repair binding door to comply.
119 (525 7th Avenue)	a. The narrowest clear width of the doorway opening is below the minimum.	Repair binding door to comply.
119 (525 7th Avenue)	b. The amount of pressure required to open the door exceeds the maximum.	Adjust the existing closers to the required minimum or the least amount of pressure possible (whichever is greater) and annually check and readjust the closer if necessary.
119 (525 7th Avenue)	c. The distance between the arc of the door and the face of the next door is below the minimum.	Remove interior vestibule panel between in and out paths (photo #172).
119 (525 7th Avenue)	d. Not all aisles are along accessible routes.	If physically possible, install lift between ground/entry level and the mezzanine level. Install customer assistance notification system for Pharmacy at bottom of stairs and at the escalator.
119 (525 7th Avenue)	e. Aisles in this store are either less than 36" wide for longer than 24" or less than 32".	Replace the purse bins, which are 14"d, on the north side of aisle 4A, east of lipstick display with narrower shelves to reduce the purse bins by 4". Move the cosmetic gondola immediately opposite of the south end 1/2" over to provide 36" on both sides.
119 (525 7th Avenue)	f. Movable objects in the store restrict access to goods or services.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
119 (525 7th Avenue)	g. Objects in the retail area are protruding more than 4" into aisles at heights above 27".	DR will train management staff to maintain 80"h head room in all aisles throughout the store.
119 (525 7th Avenue)	h. The heights of the lowest portions of the counters exceed the maximum allowable height and the height to which a swiped card must be raised for it to be read exceeds maximum.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
119 (525 7th Avenue)	j. There is no accessible route between the store entry and the drop box.	Adjust the existing closer to the required minimum or the least amount of pressure possible (whichever is greater) and annually check and readjust the closer if necessary.
119 (525 7th Avenue)	k. There is no accessible route between the store entry and the ATM. The entry door is inaccessible because it sticks when half open.	Adjust the existing closer to the required minimum or the least amount of pressure possible (whichever is greater) and annually check and readjust the closer if necessary. Remove interior vestibule panel between in and out paths.
119 (525 7th Avenue)	l. The ATM is inoperable without vision.	Write a letter to inform ATM vendor of their responsibility to provide accessible equipment.
119 (525 7th Avenue)	m. All public levels connected by stairs are not connected by a ramp or elevator.	Investigate installation of a lift between ground/entry level and the mezzanine level.
119 (525 7th Avenue)	n. The undersides of the nosings are not angled.	Install nosing bevellers to provide a 60� angle so as not to catch the toe of a shoe that is dragged up the face of the riser.
119 (525 7th Avenue)	o. The clearance between the handrail and wall/obstruction is below the minimum.	Modify where the handrails pass through the corner of the floor, (photo 288). Either the floor should be cut back so that the required handrail clearance is provided or additional handrails should be mounted on the inside of the existing handrails if this does not reduce the existing clear width to less than code. The clear width of the stairs is presently 42 1/2"w.
119 (525 7th Avenue)	p. The length of the handrail extension beyond the front edge of the top riser is below the minimum.	Provide handrail extensions on both sides at top and bottom of stairs if safe design can be achieved.
119 (525 7th Avenue)	r. The height of the centerline of the sign is below the minimum.	Provide high contrast tactile (raised characters and Braille) exit signage at 5'h on the wall at the strike side of the door.
124 (1633 Broadway)	a. The sidewalk has severe cracks.	Write a letter to the city and landlord to address the 2" gap in front of store.
124 (1633 Broadway)	b. The narrowest clear width of the doorway opening is below the minimum.	Exterior Entry Door: Install swing clear hinges to provide 32" of clear opening. Fix broken threshold.
124 (1633 Broadway)	c. Aisles in this store are either less than 33" wide for longer than 24" or less than 32".	Remove wall shelves, both sides under aisles 6 and under 7, to provide necessary clear floor width. Replace display shelves at bays at 30, 31 and 32 with 4"d shelving (Photo 14).
124 (1633 Broadway)	d. Movable objects in the store restrict access to goods or services.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
124 (1633 Broadway)	e. Display in the retail area is protruding more than 4" into an aisle at a height above 27".	DR will train management staff to maintain 80"h head room in all aisles throughout the store.
124 (1633 Broadway)	f. Overhead clearance is below the minimum.	DR will train management staff to maintain 80"h head room in all aisles throughout the store.
124 (1633 Broadway)	g. There is no portion of the counter that is 36" or less and the depth of obstructions exceed maximum.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
127 (49 East 52nd Street)	a. The amount of pressure required to open the door exceeds the maximum.	Adjust the existing closer to the required minimum or the least amount of pressure possible (whichever is greater) and annually check and readjust the closer if necessary.
127 (49 East 52nd Street)	b. Aisles in this store are either less than 36" wide or longer than 24" or less than 32".	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
127 (49 East 52nd Street)	c. Movable objects in the store restrict access to goods or services.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
127 (49 East 52nd Street)	d. Overhead clearance below the minimum.	DR will train management staff to maintain 80"h head room in all aisles throughout the store.
127 (49 East 52nd Street)	e. There is no accessible route, as is required, between the store entry and the pharmacy and photo counters.	Provide doorbell intercom system alternative for access to Pharmacy and Film counters.
127 (49 East 52nd Street)	f. The counter height exceeds the maximum allowable height.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
127 (49 East 52nd Street)	g. Obstructions to counters exceeds maximum.	Modify display shelves in front of counter to facilitate access to an accessible writing surface.
127 (49 East 52nd Street)	h. There is no accessible route between the store entry and the drop box.	Relocate Film Drop Kiosk to entry floor level.
127 (49 East 52nd Street)	i. The depth of the clear floor area is below the minimum because of depth.	Relocate Film Drop Kiosk to entry floor level.
127 (49 East 52nd Street)	j. The undersides of the nosings are not angled.	Install nosing bevellers to provide a 60� angle so as not to catch the toe of a shoe that is dragged up the face of the riser.
127 (49 East 52nd Street)	k. The length of the handrail extension beyond the front edge of the top riser is below the minimum.	Provide handrail extensions on both sides at top and bottom of stairs if a safe design can feasibly be achieved.
127 (49 East 52nd Street)	l. The narrowest clear width of the doorway opening (below a height of 34" when a single leaf of the door is open at 90 degrees) does not meet the minimum width required.	Remove items to provide 32"w minimum clearance through doorway.
127 (49 East 52nd Street)	m. The height of the centerline of the sign is below the minimum.	Provide high contrast tactile (raised characters and Braille) exit signage at 5'h on the wall at the strike side of the door.
127 (49 East 52nd Street)	n. The depth of the push side maneuvering area is below the minimum.	If level becomes accessible, ensure the second means of accessible egress is required. Remove closer, or latch or relocate shelving that is within 12" of the strike jamb.
127 (49 East 52nd Street)	o. The ATM is inoperable without vision.	Write a letter to inform ATM vendor of their responsibility to provide accessible equipment.
129 (55 East 55th Street)	a. The clear floor area is below the minimum.	Remove/relocate boxes so that there is 30" x 48" clear floor space in front of the ATM machine.
129 (55 East 55th Street)	b. The amount of pressure required to open the door exceeds the maximum.	Adjust the existing closer on door 1 and 2 to the required minimum or the least amount of pressure possible (whichever is greater) and annually check and readjust the closer if necessary.
129 (55 East 55th Street)	c. The distance between the arc of the door and the face of the next door below the minimum.	Remove dividing panel in the interior of the vestibule.
129 (55 East 55th Street)	d. Aisles in this store are either less than 36" wide for longer than 24" or less than 32".	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
129 (55 East 55th Street)	e. Movable objects in the store restrict access to goods or services.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
129 (55 East 55th Street)	f. There is no accessible route, as is required, between the store entry and the counter.	Provide doorbell & intercom system for access to Pharmacy and Film counters.
129 (55 East 55th Street)	g. The counter height exceeds the maximum allowable height and the depth of obstructions at the counter exceed the maximum.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
129 (55 East 55th Street)	h. The undersides of the nosings are not angled.	Install nosing bevellers to provide a 60� angle so as not to catch the toe of a shoe that is dragged up the face of the riser.
129 (55 East 55th Street)	i. Handrails are inaccessible.	Train personnel to maintain clear path of travel at handrails.
135 (505 8th Avenue)	a. The amount of pressure required to open the door exceeds the maximum.	Adjust the existing closer to the required minimum or the least amount of pressure possible (whichever is greater) and annually check and readjust the closer if necessary.
135 (505 8th Avenue)	b. Not all aisles are along accessible routes.	Provide a 30'-0" ramp along slope of aisle A. Ramp shall be width of the aisle and have a max slope of 1:20.
135 (505 8th Avenue)	c. Movable objects in the store restrict access to goods or services.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
135 (505 8th Avenue)	d. Overhead clearances fall below the minimum allowable height.	DR will train management staff to maintain 80"h head room in all aisles throughout the store.
135 (505 8th Avenue)	e. There is no accessible route, as is required between the store entry and the counter.	Provide doorbell & intercom system for access to Pharmacy and Film counters.
135 (505 8th Avenue)	f. The counter heights exceeds the maximum allowable height and the depth of obstructions at the counter exceed maximum.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
135 (505 8th Avenue)	g. The clear floor area is below the minimum.	Remove/relocate merchandise so that there is 30" x 48" clear floor space in front of the ATM machine.
135 (505 8th Avenue)	h. The ATM is operable without vision.	Write a letter to inform ATM vendor of their responsibility to provide accessible equipment.
135 (505 8th Avenue)	i. The length of the handrail extension beyond the front edge of the bottom riser is below the minimum.	Provide handrail extensions on both sides at bottom of stairs. Remove end caps on Gondolas at the top and bottom of stairs to give room for handrail extensions. Replace handrails along both sides of the stair along the wall. (Photo 182-183).
140 (405 Lexington Avenue)	a. The door hardware is not operable with a closed fist.	Install directional signage as follows: 42nd St Entrance: Left and Up arrow & ISA
140 (405 Lexington Avenue)	b. The height of the threshold exceeds the maximum.	Replace or modify the threshold to provide a maximum abrupt vertical level change of 1/4" and/or a maximum rise of 1/2" with a slope of 1:2 maximum.
140 (405 Lexington Avenue)	c. Not all aisles are along accessible routes.	DR will train management staff to maintain aisles that are 36"w (32" @ a point obstruction that is no longer than 24") throughout the store.
140 (405 Lexington Avenue)	d. Aisles in this store are either less than 36" wide for longer than 24" or less than 32".	Relocate gondola between columns "L" and "K" 6" towards "K" and the gondola between "J" and "K" 5" towards "K" to eliminate column restrictions. Relocate gondola between aisle B and C 5" north. Accessible routes are provided via alternative paths to both sides of obstruction. Service assistance is available.
140 (405 Lexington Avenue)	e. Columns in the aisles restrict passage.	Relocate gondola between columns "L" and "K" 6" towards "K" and the gondola between "J" and "K" 5" towards "K" to eliminate column restrictions. Relocate gondola between aisle B and C 5" north. Accessible routes are provided via alternative paths to both sides of obstruction. Service assistance is available.
140 (405 Lexington Avenue)	f. There is no accessible route, as is required, between the store entry and the pharmacy counter.	Install customer assistance notification system for the pharmacy at bottom of stairs and rear escalator.
140 (405 Lexington Avenue)	g. The counter height exceeds the maximum allowable height and the depth of obstructions exceeds maximum.	Duane Reade agrees to have at least one check out station at customer service counters that is no more than thirty-six (36) inches high, with a one (1) inch tolerance and that it will be the first to open and the last to close. Credit and debit card swipe machines will have cables to enable such swipe machines to be moved at least two feet out from the outside edge of the consumer side of the customer service counter and at least one foot down from such edge, or otherwise in a manner to permit customers who use wheelchairs to be able to use the credit and debit card swipe machines from their lap or for those that are mounted at the outside edge of the counter, within an accessible reach range according to Sections 4.2.5 or 4.2.6 of ADASAD. Duane Reade agrees to remove any obstructions in front of its Accessible Counter, including candy and gum racks, that protrude more than ten (10) inches beyond the edge of such Accessible Counter, except that where the top shelf is used as an Accessible Counter, racks below, including candy and gum racks, shall not protrude beyond the edge of such Accessible Counter.
140 (405 Lexington Avenue)	h. The clear floor area is below the minimum.	Relocate obstructing display near Photo Counter and maintain 30" x 48" clear floor in front of Photo Counter.
140 (405 Lexington Avenue)	i. Height from floor to swiped card is too high.	Modify credit card reader(s) (ccr) to provide a fixed ccr within accessible reach ranges or a ccr that can be relocated to a seated customer's lap, or see line 176.
140 (405 Lexington Avenue)	j. The ATM is inoperable without vision.	Write a letter to inform ATM vendor of their responsibility to provide accessible equipment.
140 (405 Lexington Avenue)	k. The narrowest clear width of the doorway opening (below a height of 34" when a single leaf of the door is open at 90 degrees) does not meet the minimum width required.	Ensure that both doors will release at all times, or replace doors with un-equal leafs.
140 (405 Lexington Avenue)	l. The exit sign is not compliant.	Provide high contrast tactile (raised characters and Braille) exit signage at 5'h on the wall at the strike side of the door.
140 (405 Lexington Avenue)	l. The exit sign is not compliant.	Provide high contrast tactile (raised characters and Braille) exit signage at 5'h on the wall at the strike side of the door.
146 (2465 Broadway)	a. The amount of pressure required to open the door exceeds the maximum.	Adjust the existing closer to the required minimum or the least amount of pressure possible (whichever is greater) and annually check and re-adjust the closer if necessary.
146 (2465 Bro