ADA

Posted On: May 14, 2007 by Jim Butler

Hotel Lawyer: How hotel swimming pools may spawn ADA lawsuits and what to do about it.

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
14 May 2007

Hotel Lawyer on recognizing, avoiding and defending ADA lawsuits. In case you haven't noticed, ADA lawsuits -- suits filed under the Americans with Disabilities Act -- are on the rise. We have covered a number of troublesome ADA claim areas here on www.HotelLawBlog.com in the past [Just go the the blog and scroll down the right hand side until you see the easy-to-use tools to sort blog entries by topic. ADA is the first topic]. But today, I would like to introduce Marty Orlick, one of my hotel lawyer partners who specializes in defending ADA cases. In fact, Marty Orlick has represented property owners in defending more than 200 ADA cases! So let's get Marty's street savvy advice on how to recognize the threat and then to avoid the potential lawsuits lurking at bottom of your pool.

Continue reading "Hotel Lawyer: How hotel swimming pools may spawn ADA lawsuits and what to do about it." »

Posted In: ADA

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Posted On: January 3, 2007 by Jim Butler

Hotel Lawyer -- Top Picks for 2006

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
3 January 2007

Hotel Lawyer -- Top Picks of 2006. Yes, 2006 has been a record year for many in the hospitality industry, and for the hotel lawyers at Jeffer, Mangels, Butler & Marmaro LLP. As we have already given our Outlook for 2007, we thought it might be interesting to look back on our Top Pick articles from 2006 from www.HotelLawBlog.com.

The Top Picks articles are organized by the major TOPICS on the Blog. We generally tried to select just the top two or three articles for each TOPIC. It was a major struggle to decide where to make the cutoff. If you want more information on a particular TOPIC, you can go to www.HotelLawBlog.com, and search for all articles on that TOPIC. To do that, just scroll down the right hand side, and below the (free) subscription and RSS Feed buttons is the Browse search engine that enables you to sort by TOPIC (or date, or key words, etc.).

Here they are . . .

Continue reading "Hotel Lawyer -- Top Picks for 2006" »

Posted In: ADA, Condo Hotels, Disasters, Hotel Management Agreements, Hotel Mixed-Use, International Hotel Investment, Labor & Employment, Land Use & Entitlements, Outlook and Trends, Workouts, Bankruptcies & Receiverships

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Posted On: November 26, 2006 by Jim Butler

Hospitality Lawyer -- Who's crying "Woof"? What you must know about the ADA requirements for disabled guests and their service animals . . .

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
26 November 2006

Hotel Lawyer on ADA. Hotel ADA problem? If your establishment is a "no pets" hotel, how do you respond to disabled guests and their service animals? Can you demand proof from a hotel guest that an animal is, indeed, a service animal? What can you do if the barking of a canine service animal disturbs other guests? What if a guest claims that a monkey is a service animal, needed to alert the guest to some danger, such as fire or smoke in a room? What can you ask a guest about a claimed disability and his or her service animal before you run afoul of the law?

My partner, Marty Orlick helps clients with all kinds of ADA matters. He has defended clients in almost 200 cases dealing with the Americans with Disabilities Act (ADA) and he has been asked all of these questions over the years. According to Marty, the best time to answer these questions is before a disabled guest lodges a complaint or files a lawsuit claiming discrimination and civil rights violations.

Continue reading "Hospitality Lawyer -- Who's crying "Woof"? What you must know about the ADA requirements for disabled guests and their service animals . . ." »

Posted In: ADA

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Posted On: November 2, 2006 by Jim Butler

Hospitality Lawyer -- Landmark ADA case could provide relief for California hotels.

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
2 November 2006

Hotel Lawyer on ADA developments affecting hospitality. On October 26, 2006, the California state Court of Appeal ruled that disabled plaintiffs suing for damages under California's Unruh Civil Rights Act (Unruh Act), must prove intentional discrimination in order to recover the $4,000 minimum damages per offense" that makes this kind of litigation so lucrative to plaintiffs and their lawyers.

Continue reading "Hospitality Lawyer -- Landmark ADA case could provide relief for California hotels." »

Posted In: ADA

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Posted On: September 11, 2006 by Jim Butler

Hospitality Lawyer: ADA Update -- Federal Courts Denying Plaintiffs' Attorneys' Fees

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
11 September 2006

Hotels and other targets of ADA lawsuits have found a friend in the U.S. Constitution: Article III.

Many thousands of ADA lawsuits have been filed in federal District Courts in the past few years. A large percentage of the plaintiffs filing these lawsuits are represented by a handful of plaintiffs' organizations that specialize in ADA lawsuits. Because plaintiffs can recover attorneys' fees and litigation costs and -- in California and several other states -- damages, in addition to injunctive relief, plaintiffs' organizations have become a cottage industry.

However, some federal courts have recently determined they have no authority to award attorney's fees, because the plaintiffs failed to establish "Article III standing".

Continue reading "Hospitality Lawyer: ADA Update -- Federal Courts Denying Plaintiffs' Attorneys' Fees" »

Posted In: ADA

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Posted On: September 5, 2006 by Jim Butler

Hospitality Lawyer: Big ADA Changes Coming to Hotels

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
5 September 2006

As most hotel owners and operators know, the Americans With Disabilities Act (ADA) prohibits discrimination on the basis of disability by "public accommodations," including places of lodging. This requires facilities to be designed, constructed, and altered - where "readily achievable"-- in compliance with the accessibility standards as set forth in the Americans With Disabilities Act Accessibility Guidelines (ADAAG).

The ADAAG standards - last revised in 1994 - are being amended by the Access Board, Department of Transportation and the Department of Justice (DOJ). It is expected that the proposed ADAAG amendments will be adopted substantially as drafted.

Continue reading "Hospitality Lawyer: Big ADA Changes Coming to Hotels" »

Posted In: ADA

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About Jim Butler

Jim Butler is recognized as one of the top hotel lawyers in the world. He devotes 100% of his practice to hospitality, representing hotel owners, developers and lenders. Jim leads the Global Hospitality Group®—a team of 50 seasoned professionals with more than $50 billion of hotel transactional experience, involving more than 1,000 properties located around the globe.
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Jim Butler
Jeffer Mangels Butler & Marmaro LLP
1900 Avenue of the Stars
7th Floor
Los Angeles, CA 90067
Direct: (310) 201-3526
Direct Fax: (310) 712-8526
E-mail: jbutler@jmbm.com

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Ask The Hotel Lawyer ™

Ask the Hotel Lawyer™ is a quarterly column that I write for JMBM's Global Hospitality Advisor®. If you have a question you would like to submit to Ask the Hotel Lawyer™ please use the comments box below. While your question may not be of sufficient general interest for the column, I will try to respond to you individually if you leave your contact information below. Jim Butler.

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