Hotel Law Blog

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
18 May 2012

DOJ extends pool lift deadline

Today, the Department of Justice announced that it is extending the ADA pool lift deadline from May 21, 2012 to January 31, 2013.

Amendment to ADA regulations

This morning, the DOJ formally published an "Amendment of the Americans with Disabilities Act Title II and III Regulations to Extend Compliance Date for Certain Requirements Related to Existing Pools and Spas Provided by State and Local Governments and by Public Accommodations" (ADAAG Sections 242 and 1009 Standards for Accessible Design).

The new pool lift Compliance Date is January 31, 2013. The Amendment acknowledges that the DOJ's January 31, 2012 technical advisory caused "significant concerns and misunderstandings among a substantial number of pool owners and operators" with respect to the new technical requirements pool lift must .

Background to the extension

The DOJ recently received and carefully considered comments from pool owners, operators and various industry groups and clarified a number of popular misconceptions about the new requirements. At the end of the day, the DOJ seems to have heard the public outcry, in part.

In its Technical Advisory Document of January 31, 2012, the DOJ sent tsunami-sized waves through the hospitality and pool and spa industries when it announced, for the first time, its interpretation that pool and spa lifts are required to be "fixed" (as opposed to portable) next to the pool or spa at all times the facility is open, unless it is not "readily achievable," and they cannot be shared between water elements.

Continue reading " ADA compliance and defense lawyer alert: ADA pool lift deadline extended to January 31, 2013 " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
07 May 2012

Hotel Lawyer ADA defense alert: Charles Schwab settles claim over website accessibility under the Americans with Disabilities Act

On May 2, 2012, Charles Schwab & Co. announced an initiative to make its website more accessible for all customers, particularly those who are blind or have sight disabilities. This high-profile development was part of the settlement of a claim by Kit Lau, a Charles Schwab customer for more than 25 years.

While many have focused on the Americans with Disabilities Act's (ADA's) ever-changing pool lift requirements, we continue to see the DOJ and private advocacy groups driving to enforce the original regulations promulgated 20 years ago under the ADA. As of December 31, 2011, more than 13,130 lawsuites had been filed under the ADA, and the trend continues to grow.

Here is what Marty Orlick, the head of our ADA compliance and defense group, and I think the Schwab matter may mean to you.

Charles Schwab settlement is one of 15 prominent web site settlements

Charles Schwab, one of the nation's leading securities broker-dealers, and a disability rights advocacy attorney, announced last week that they settled a year-long claim by a blind customer that its website was inaccessible to blind, low vision and cognitively challenged customers. The structured negotiations concluded this dispute short of trial.

With this settlement, Charles Schwab joins a list of 15 prominent companies which have settled website accessibility complaints. Charles Schwab agreed that it will make its website more accessible and inclusive for all customers, and agreed to implement the Web Content Accessibility Guidelines (WCAG) Version 2.0 Level AA which will make its website navigable by disabled customers.

An informal complaint backed by the threat of litigation and administrative investigations was lodged with Charles Schwab by the lawyer for a blind day trader. The claimant was a long-time Schwab customer and herself a computer programmer. One morning, she found that she could no longer navigate the Schwab website using JAWS software and was prevented from making trades on-line. The JAWs software reads aloud the text of the page so blind and low vision customers can access the website.

Continue reading " ADA compliance and defense lawyer alert: Charles Schwab settles claim over website accessibility " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
27 March 2012

Hotel Lawyer ADA defense alert

Significant legislation has been introduced with AH&LA support to provide relief for ADA compliance on pool lifts. So my ADA expert partner, Marty Orlick, and I thought it might be helpful to explain what is going on, and what it likely means to you. Here is what is happening . . .

One year delay for ADA pool lift requirement

On March 26, 2012, the AH&LA announced support for legislation introduced to force a 1 year delay in enforcing the ADA pool lift requirement. The bill was introduced by Congressman Mick Mulvaney (R-SC) and has 26 original co-sponsors.

Authorize portable pool lifts, sharing lifts and protection for hoteliers during delay

In addition to delaying effectiveness of the pool lift requirement that was originally scheduled to be effective March 15, 2012 and then delayed 90 days until May 15, 2012, the proposed legislation would give some other much-sought-after relief.

It would allow the use of portable pool lifts, and allow sharing of lifts among pools. Both of these alternatives were belatedly prohibited by the Department of Justice's January 31, 2012 interpretation of its final rules, and would be overturned by the legislation if adopted.

Significant relief for the hotel industry

According to AH&LA President/CEO Joe McInerney. "Portable lifts will allow hoteliers to protect guest safety, while accommodating guests with disabilities. The delay will allow hoteliers the time to implement the necessary changes without the fear of lawsuits."

Continue reading " ADA Defense Lawyer: AH&LA supported legislation would give 1 year delay for pool lift requirements " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
16 March 2012

ADA Defense Lawyer: What does the ADA pool lift compliance extension of May 15 mean for you?

First, let's be clear that all compliance dates have NOT been extended!

Extended deadline for pool lifts is May 15

Responding to concerns expressed by the hotel, pool and spa manufacturing industries, and those of a number of U.S. Congressmen, on March 15, the White House plunged into the swimming pool access controversy by issuing a 60-day an extension to implement the 2010 ADA Standards for pool lifts. As a result of this action, the new deadline for installing pool lifts is May 21, 2012, but that too may change.

March 15 deadline remains for all other provisions of new ADA Standards

The March 15, 2012 compliance date remains in effect for all other provisions of the 2010 Standards. The Department of Justice will soon publish a Notice of Proposed Rulemaking giving the public 15 days to express their views. We expect the hotel and pool and spa industries will take a much more active role in the public comment process than they did when the 2010 Standards were initially open for comment.

Events have been moving very fast when the official government position changes 180 degrees in less than 24 hours. And that his what has happened. So my ADA expert partner, Marty Orlick, and I thought it might be helpful to explain what is going on, and what it likely means to you.

Here it is . . .

Continue reading " ADA Defense Lawyer: What does the ADA pool lift compliance extension mean to you? " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
15 March 2012

ADA Defense Lawyer with latest update on pool lift compliance date!.

Yesterday, March 14, the Department of Justice declared that it was taking a hard line on the March 15 ADA pool lift compliance date refused any extension of the compliance deadline.

Today, in a significant turnabout, Attorney General Eric Holder signed a final rule extending the compliance deadline on ADA pool lift for 60 days until May 15, 2012.

Official statement from DOJ

Here is the official statement from the Department of Justice ADA website (www.ada.gov):

On Thursday, March 15, 2012, Attorney General Eric Holder signed a final rule extending the date for compliance with sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as it relates to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas for a period of 60 days after the publication of the rule in the Federal Register. On that same day, the Attorney General also signed a Notice of Proposed Rulemaking(NPRM) seeking public comment on whether a longer period of time would be appropriate to allow pool owners and operators to meet their compliance obligations. Specifically, the NPRM proposes a 180-day extension of the deadline. Comments on the NPRM will be accepted for 15 days after publication in the Federal Register.

Immediate 60-day Extension of Compliance Date for Existing Pools

Continue reading " DOJ turnabout: Pool lift compliance deadline extended to May 15 " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
06 March 2012

As you should know by now if you are following developments on the Americans with Disabilities Act (or ADA), the most sweeping changes to the ADA in 20 years become effective on March 15, 2012.

It seems that almost every day there is some new development or interpretation of the new rules. For an up-to-date summary of some key provisions, please see articles listed at the end of this posting.

A number of us in the hotel industry have been visiting the DOJ's Civil Rights Division to get clarification on the recent DOJ guidance on "fixed" pool lifts.

Congressmen intervene with DOJ on pool lift issues

Last week, two prominent Congressmen, Mike Mulvaney and Todd Rokita, jumped into the fray with a letter to DOJ (see below) acknowledging its important efforts to provide swimming pool access to the disabled community. Here are a few highlights from the letter and the full text is below.

Continue reading " ADA defense and compliance lawyer: More clarification or confusion on March 15 ADA standards? " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
25 February 2012

Hotel ADA defense and compliance lawyer

It is always a good feeling when someone you respect pays you a nice compliment. That's what happened yesterday when GlobeSt.com gave JMBM's ADA Defense and Compliance Lawyers quite an acknowledgement. Miriam Lamey covers the hotel sector for GlobeSt.com.

Last week Miriam called me for an interview to go over some of the subject Marty Orlick and I have been writing about recently to help the hotel industry understand the meaning and importance of new ADA regulations which will go into effect March 15, 2012. I put her in touch with Marty and here is the interview that GlobeSt.com ran on February 24, 2012.

SAN FRANCISCO-The Department of Justice gave March 15 as the deadline for all hotel properties to install pool lifts for disabled guests who could not otherwise use the facilities independently. According to the DOJ, these lifts must be fixed, well-maintained, and exclusive to each pool.

Recently, Martin H. Orlilck, an Americans with Disabilities defense lawyer, sat down with GlobeSt.com's Miriam Lamey to discuss the impending deadline and how the hotel industry has and will respond to the requirements.

A question and answer session follows:

Continue reading " GlobeSt.com interviews JMBM's ADA Defense and Compliance Lawyers " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
24 February 2012

You have certainly heard about the new rules going into effect on March 15 under the Americans with Disabilities Act or "ADA." Here is some straight talk about WHY you should act now, and WHAT you should do.

5 REASONS YOU SHOULD ACT NOW!

1. March 15, 2012 is the effective date for the most sweeping changes to the ADA in 20 years.
2. These changes directly affect every hotel owner and operator in the United States.
3. Experts expect that a tidal wave of private lawsuits and DOJ enforcement actions will start on March 16, 2012, and that it will dwarf the 12,000 lawsuits filed over the past five or six years under the original ADA.
4. Owners and operators are each jointly and severally liable for violations of the ADA, and they will likely both be sued. Most ADA claims are not covered by insurance, but most management agreements will require owners to pay or indemnify operators for such claims.
5. It is much cheaper to prevent lawsuits than to fight them. You can pay a little now to avoid the problem, or you can pay a lot more later to deal with it.

Why act now? It is the law. It is the right thing to do. It is much more cost-effective to prevent lawsuits that to fight them.

If you wait and get sued or investigated by the DOJ, in addition to the cost of making the property fully compliant, you may get hit with fines, plaintiff's attorneys' fees and costs. Some states, like California, also can award damages. And the DOJ can fine hotels up to $55,000 for the first ADA offense and $110,000 for each subsequent offense.

Continue reading " ADA ALERT - A call to action before the March 15, 2012 ADA deadline " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
8 February 2012

Hotel ADA defense and compliance lawyer

As everyone scrambles to meet the March 15, 2012 deadline for complying with the new ADA Standards, the mandatory pool lift requirement is getting a lot of attention. Here is the latest from my partner, Marty Orlick, head of our ADA defense and compliance team.

A hotel client called this morning to tell me that they were about to place an order for a large number of portable pool lifts to comply with the 2010 ADA Standards, and asked whether they should take the plunge and buy them.

Without a doubt, the most frequently asked question by our hospitality clients these days is: "What do we need to do to comply with the March 15, 2012 mandatory ADA pool lift requirements?" The second most frequently asked question is: "Our pool lift vendor assures us that its portable pool lift meets all ADA requirements and is "certified" as ADA compliant? Can we rely on that representation?" If you are confused about what the new law requires, you have plenty of company.

The new ADA Standards effective March 15, 2012

The 2010 ADA Standards for pool access have significantly changed the requirements for municipal and private pools by requiring, for the first time, that they be equipped with independently useable pool lifts during all operating hours. Since the DOJ announced its intention to require lifts in nearly all pools, the hotel industry and others have opposed or sought clarification of this provision.

Continue reading " ADA Defense and Compliance Lawyer Advisory: DOJ clarifies March 15, 2012 mandatory pool lift requirement! (Uh-oh!) " »

Posted In: ADA Defense and Compliance

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
7 February 2012

ADA defense and compliance lawyer with some tips for owners and operators of GOLF COURSES. Golf courses are one type of "public accommodation" (along with hotels, restaurants, retail stores and the like) specifically targeted by the new ADA Standards that become effective March 15, 2012.

The new ADA Standards, discussed below, represent a a big change in the legal standard applicable to golf facilities. If you have not analyzed this yet, you may be very surprised. If you have not conducted an accessibility survey of your course and implemented a compliance plan, time is running out.

We predict that "advocacy groups" and the Department of Justice will be very aggressive in enforcing the new ADA Standards and looking to make a few examples for all to notice. You don't want to be an example!

So, here are some interesting details of how the new ADA standards will apply to golf courses, from ADA defense and compliance Lawyer, Marty Orlick, my partner who heads our ADA practice. Marty and his team are not "Johnny Come Latelys" to this area. They have more than 20 years' experience in counseling clients on ADA compliance and have defended about 500 ADA lawsuits. So they really understand the practical nitty-gritty of what is important and what is not.

Continue reading " ADA Defense & Compliance Lawyer: New ADA compliance standards for golf courses. What do they mean to you? " »

Posted In: ADA Defense and Compliance