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This is Jim Butler, author of www.HotelLawBlog.com and hotel lawyer. Please contact me at Jim Butler at jbutler@jmbm.com or 310.201.3526.

ADA Defense

Posted On: January 20, 2012 by the JMBM Global Hospitality Group®

Quick! Can you pass this 3-question ADA pop quiz?

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

ADA pop quiz

In less than 2 months, on March 15, 2012, new ADA Standards become mandatory. If you can't answer "YES" to each of the following three questions, you may be in trouble.

  1. Do you know what the new ADA Guidelines will require for your hotel, restaurant, or other "place of public accommodation"?

  2. Do you know that there is NO "grandfathering" to escape the most sweeping changes to the ADA Standards in 20 years?

  3. Have you done everything the law requires to bring your property into compliance with the new rules?

Continue reading " Quick! Can you pass this 3-question ADA pop quiz? " »

Posted In: ADA Defense

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Posted On: November 21, 2011 by the JMBM Global Hospitality Group®

ADA Defense Lawyer: New ADA regulations kick in soon. Say goodbye to "grandfathering" under the ADA.

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
21 November 2011

ADA Defense Lawyers. Is your pool, spa and fitness facility compliant with the ADA 2010 Regulations? If you think your property is grandfathered, then you are wrong! There is no grandfathering.

As we mentioned in our recent posted article "Updating Service Animal Policies of Your Hotel," the Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title III (public accommodations and commercial facilities) on September 15, 2010 (the "2010 Regulations").

Based on the 2010 Regulations, all "Public Accommodations," including "Places of Lodging" (hotels, resorts, most timeshares, restaurants, etc.) must bring certain elements of the facilities described below into compliance with the 2010 ADA Standards as of March 15, 2012.

  • No one is exempt.

  • There is no safe harbor.

  • The ADA's "readily achievable" standard will apply.

If you are not already working on bringing your property into compliance, then you should call us to assist you with the creation of a compliance policy.


Continue reading " ADA Defense Lawyer: New ADA regulations kick in soon. Say goodbye to "grandfathering" under the ADA. " »

Posted In: ADA Defense

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Posted On: October 3, 2011 by the JMBM Global Hospitality Group®

Updating Service Animal Policies of Your Hotel or Other "Place of Lodging"

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
3 October 2011

ADA Defense Lawyers. What are some of the most common questions asked of our ADA Defense Lawyers? Many of them relate to "service animal" policies at hotels, restaurants and other places of public accommodation. One of the most read articles on Hotel Law Blog was a posting I did 5 years ago on this subject. Who's crying "Woof"? What you must know about the ADA requirements for disabled guests and their service animals . . .

But with recent developments, we thought it was time to update that information with the effect of the latest amendments to the regulations on this subject published by the Department of Justice implementing the Americans with Disabilities Act (ADA).

Many thanks to hotel lawyers David Sudeck and Marty Orlick for their help on this article.

Continue reading " Updating Service Animal Policies of Your Hotel or Other "Place of Lodging" " »

Posted In: ADA Defense

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Posted On: May 23, 2011 by the JMBM Global Hospitality Group®

ADA Defense Lawyer: How to quickly lose business. (no ADA-compliant reservation system)

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
23 May 2011

ADA Defense Lawyer: ADA reservation system requirements

As we have reported in the Hotel Law Blog, the US Department of Justice has revised the regulations implementing the Americans with Disabilities Act (ADA) for the first time in nearly 20 years. While the revisions to the ADA Regulations include broad changes in many areas, today's blog focuses on the changes to Reservation Policies.

JMBM hotel and timeshare lawyer, David Sudeck informs us that the Department of Justice has received so many complaints concerning failed reservations, that the DOJ felt it necessary to include the changes to the law. Most of the complaints involve individuals who have reserved an accessible hotel room only to find upon check-in that the room they reserved was either not available or not accessible.

The changes to the reservation policies will go into effect on March 15, 2012 to allow properties time to comply with the new requirements. To understand the requirements, read on.

Continue reading " ADA Defense Lawyer: How to quickly lose business. (no ADA-compliant reservation system) " »

Posted In: ADA Defense

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Posted On: February 28, 2011 by the JMBM Global Hospitality Group®

Buying a Hotel? Don't buy an ADA lawsuit or DOJ Investigation

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
28 February 2011

Many investors view our current economic downtime as the perfect opportunity to purchase distressed hotel and motel assets at substantial discounts. Before any of these investors complete a purchase transaction, however, they should add one more item to their due diligence checklist: whether the hotel's physical property and operating procedures comply with the Americans with Disabilities Act (ADA), and similar state statues.

JMBM Global Hospitality Group® member, Eudeen Chang, defends hotels in ADA litigation and explains to investors how the ADA can effect their hotel investment.

Continue reading " Buying a Hotel? Don't buy an ADA lawsuit or DOJ Investigation " »

Posted In: ADA Defense

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Posted On: February 15, 2011 by the JMBM Global Hospitality Group®

ADA Defense Lawyer: How to handle an ADA lawsuit . . . and How not to do it

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
15 February 2011

The hotel lawyers at JMBM's Global Hospitality Group® see a lot of ADA cases and believe the claims will increase tremendously in the next few years as a result of the current political climate, new regulations, higher priorities assigned by the Department of Justice, and passionate private litigants seeking to make the world ADA-compliant.

We get several calls every week from people served with new ADA complaints. Most of these hotel and restaurant owners just want to resolve the litigation at the lowest possible cost, including both the compliance cost and legal fees. Of course they don't want to be sued by another plaintiff on the same, or similar, claim a week later, but that is a somewhat different problem that we also deal with.

JMBM's ADA defense team has defended more than 400 ADA claims. We know almost all the plaintiffs, their strategies, their hot buttons, and their weaknesses. We know how to defend or settle cases with the least exposure to future claims and at the lowest all-in cost.

Continue reading " ADA Defense Lawyer: How to handle an ADA lawsuit . . . and How not to do it " »

Posted In: ADA Defense

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Posted On: January 20, 2011 by the JMBM Global Hospitality Group®

Hotel ADA Defense Lawyer: How a recent ADA case affects all hotels but particularly conference centers and meeting hotels

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
20 January 2011

What do movie theaters and hotels have in common? For one thing, both movie theaters and hotels are considered "public accommodations" under the Americans with Disabilities Act (ADA) and both are required to provide disabled patrons equal access to facilities, including accessibility to movies, slideshows, and other audio and video presentations. In some instances, new technology can make it easier to achieve equal access... but it still can be a challenge.

A recent class action filed against Cinemark USA Inc. for discrimination against hearing impaired individuals due to lack of closed-captioning in theaters could have broad implications for hotels, particularly conference centers and hotels which cater to meetings and group business, in addition to hotels which cater to state organizations and governmental groups.

I was talking about this case the other day with my partner, ADA defense lawyer Marty Orlick. Marty is an expert in ADA defense and counseling, having defended owners and operators of properties in more than 400 cases. After a little collaboration, Marty put together a summary of the Cinemark case and its implications for the hotel industry. There is more to it than meets the eye.

What responsibilities do hotels have to deaf and hard of hearing guests? And what are the exceptions? How do hotels best protect themselves? How do hotels maximize business opportunities by providing auxiliary aides and services?

Continue reading " Hotel ADA Defense Lawyer: How a recent ADA case affects all hotels but particularly conference centers and meeting hotels " »

Posted In: ADA Defense

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Posted On: January 3, 2011 by the JMBM Global Hospitality Group®

ADA Defense Lawyer Alert: Hilton's ADA Settlement with the Department of Justice: Precedent-setting agreement delivers more than removing architectural barriers

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
3 January 2011

Hotel ADA Defense Lawyer update: We warned you about the Department of Justice (DOJ) conducting ADA "sweeps" in regions near you (Implications of the latest ADA enforcement "sweeps" against hotels in Portland and San Francisco, Is the DOJ's ADA Compliance Survey Coming to Your City Soon? What to do when you receive the DOJ's ADA Compliance Review questionnaire) but now we have information about the outcome of one such sweep.

Hilton Worldwide, Inc. and the DOJ came to an agreement on November 9, 2010 to make ADA changes to approximately 900 hotels internationally. Beyond the removal of architectural barriers, the changes include providing disabled guests the same room choices as other guests, guaranteeing accessible rooms will be available when they have been reserved, and making the central Internet reservation system more accessible. The agreement includes not only Hilton-owned properties, but properties where Hilton is the manager or franchisor.

Read on for a breakdown of what precedent-setting changes the Consent Decree contains and what accessibility issues you should consider before the DOJ visits your hotel.

Continue reading " ADA Defense Lawyer Alert: Hilton's ADA Settlement with the Department of Justice: Precedent-setting agreement delivers more than removing architectural barriers " »

Posted In: ADA Defense

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Posted On: December 1, 2010 by the JMBM Global Hospitality Group®

ADA Defense Lawyer: California's Certified Access Specialist program -- Does it provide all of the intended ADA protections?

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
6 December 2010

Hotel ADA Defense Lawyer on CASp: In our ADA Defense blog of September 20, 2009, we let California hotel owners know why they should take advantage of the "Certified Access Specialists program" (CASp), a piece of legislation designed to curb abusive ADA litigation. See: ADA Hotel Lawyers: California opens door to more ADA litigation, but also offers protection to the well-informed.

However, a judge in the United States District Court, Eastern District of California determined, in O'Campo v. Chico Mall, LLP , that a "public accommodation" (such as a hotel) with CASp certification is not entitled to all benefits that were intended by the California Legislature.

JMBM Global Hospitality Group® member, Eudeen Chang, defends hotels in ADA litigation and explains the meaning of the O'Campo decision and why he still recommends that hotel owners certify their properties under CASp.


Continue reading " ADA Defense Lawyer: California's Certified Access Specialist program -- Does it provide all of the intended ADA protections? " »

Posted In: ADA Defense

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Posted On: October 2, 2010 by the JMBM Global Hospitality Group®

ADA Defense Lawyer Alert: New Regulations Now in Effect

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
2 October 2010

The U.S. Attorney General has signed into law important revisions to the Department of Justice's Regulations implementing the Americans with Disabilities Act.

The new 2010 Standards impose both technical requirements, (e.g. the specifications a property must meet to be fully accessible), and scoping requirements (e.g. the number of rooms or elements in a facility which must be fully accessible).

Hotel owners will need to review their facilities to ensure they are in compliance with the 2010 Standards and retrofit where necessary to meet them. Developers of new hotel properties will need assurances from their design and construction companies that the new obligations and restrictions are being worked into their plans.

Continue reading " ADA Defense Lawyer Alert: New Regulations Now in Effect " »

Posted In: ADA Defense

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About the Authors

Jim Butler

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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 $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe.
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Robert Braun

Robert Braun is a partner in JMBM's Corporate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Bob represents owners in both transactional and operational issues. He advises clients with respect to business formation, financing, mergers and acquisitions, venture capital financing, joint ventures and strategic partnerships. He has represented hotel owners in the negotiation of several hundred management agreements, as well as spa management and franchise agreements. Bob also advises hotel owners regarding telecommunications, software, internet, e-commerce, data processing and outsourcing agreements. To read Bob's articles, go to www.HotelLawBlog.com and select "Management Agreements." For more information, please contact Bob Braun at 310.785.5331 or rbraun@jmbm.com.

Marta Fernandez

Marta Fernandez is a partner in JMBM's Employment and Labor Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. As a management labor lawyer with more than 20 years of experience, Marta specializes in representing hospitality industry clients in all aspects of labor and employment including labor-management relations such as union prevention, collective bargaining for single as well as multi-employer bargaining units, neutrality agreements and defense of unfair labor practice charges before the NLRB. She defends employers in administrative and litigation claims, such as employee claims of sexual harassment and discrimination and counsels clients in preventative strategies such as executive training, arbitration enforcement, and policies and procedures. To read Marta's articles, go to www.HotelLawBlog.com and select "Labor & Employment." For more information, please contact Marta Fernandez at 310.201.3534 or at mfernandez@jmbm.com.

Catherine DeBono Holmes

Catherine DeBono Holmes is a partner in JMBM's Corporate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Cathy assists hotel clients with hotel management and franchise agreements, purchase and sale transactions, and condo hotel regime structuring. She has taken hotel owners through complex RFP processes involving all the major hotel brands. She has significant expertise in condo hotels and advises clients in the specific business and legal aspects of condo hotel regime structuring and documentation, including CC&Rs, HOA docs, unit management agreements, shared facilities agreements, rental management agreement programs and securities compliance matters (structuring, documentation and training). To access Cathy's articles on www.HotelLawBlog.com, click on the topics "Condo Hotels" or "Green Hotels" For more information, please contact Cathy Holmes at 310.201.3553 or cholmes@jmbm.com.

Guy Maisnik

Guy Maisnik is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Guy's deep and broad transactional practice includes complex real estate finance and venture capital transactions, including project finance, commercial finance, leveraged leasing and real estate acquisitions. He assists clients with development, leasing and disposition, loan portfolio acquisitions, loan and debt restructure, workouts and real estate exchanges. Go to www.HotelLawBlog.com for current information in these areas. For more information, please contact Guy Maisnik at 310.201.3588 or mgm@jmbm.com.

David Sudeck

David Sudeck is of Counsel in JMBM's Real Estate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. David has significant experience in the vacation ownership arena, focusing on the formation and registration of condominiums, timeshares and fractional interest regimes. He negotiates hotel, spa and restaurant management agreements, and assists client in the development, acquisition, sale and leasing of hotels, golf courses and restaurants. For David's take on current issues in the timeshare arena, go to www.HotelLawBlog.com and click on the topic, "Timeshare." For more information, please contact David Sudeck at 310.201.3518 or dsudeck @jmbm.com.

Robert Kaplan

Robert Kaplan is a partner in JMBM's Bankruptcy, Insolvency and Restructurings Group and a senior member of the Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Bob represents lenders, special servicers, hard money lenders, community banks, national banking associations, distressed debt investors, and equity investors, positioning them for the best possible outcome by acting expeditiously to preserve value and increase cash flow. His industry experience and his knowledge of the current capital markets -- where distressed assets often include complex deal structures and securitized loans -- allows him to bring creative and effective strategies to the table. When aggressive litigation is the best strategy, he is a vigorous and effective advocate for his clients. Bob represented the securitized lender in the Chapter 11 bankruptcy case filed by the Clift Hotel in San Francisco, and in the subsequent negotiations and successful sale of the loan to a third party. The lender -- acting by and through GMAC Commercial Mortgage Corporation as special servicer -- was the holder of a $60 million loan secured by a Deed of Trust on the Clift Hotel. He has also served as counsel to CapMark, J.E. Robert Company, Inc., AMRESCO Management Inc. and Midland Loan Servicer in their capacity as special servicers on troubled hotel loans in CMBS pools. For more information, contact Robert Kaplan at 415.984.9673 or rkaplan@jmbm.com.

Martin Orlick

Martin Orlick is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Marty specializes in representing hospitality industry clients in Americans With Disabilities Act (ADA) compliance and defense. He has represented more than 300 businesses in ADA issues, many of them hotels and restaurants, as well as hotel mixed-use properties. Marty is a member of the American College of Real Estate Lawyers (ACREL) and a frequent speaker on the ADA and other topics. To read Marty's articles, go to www.HotelLawBlog.com and select "ADA." For more information, please contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.

James Abrams

James Abrams has significant experience in government affairs at the national level, the state level – including the California Legislature and scores of state agencies – and with local governments and agencies. He has authored successful ballot measures and scores of bills for his clients. Jim served as the President and CEO of the California Hotel & Lodging Association from January 1, 1991 through December 31, 2008 and is currently an adjunct professor in the Hospitality Industry Management Program at the University of San Francisco. He is a frequent speaker and writer on all aspects of the law relating to the lodging and hospitality industries, and he is the author of the book Laws Pertaining to the California Innkeeper, which is published by the California Hotel & Lodging Association. To read Jim’s articles, go to www.HotelLawBlog.com. For more information, please contact Jim Abrams at 415.398.8080 or jabrams@jmbm.com.

Eudeen Chang

Eudeen Chang is a lawyer in the Litigation Department of JMBM's Orange County office and a member of the Global Hospitality Group®. He represents hotels in a variety of litigation matters, including ADA defense. He is well-versed in all aspects of litigation, from pre-lawsuit strategizing to trial, post-judgment collection and through appeal. He also serves as outside general counsel for a number of small and mid-sized companies and high net-worth individuals. Contact Eudeen at EChang@jmbm.com or 949.623.7232.

Victor Shum

Victor Shum is a corporate and securities partner in JMBM's Corporate Department and a member of JMBM's Global Hospitality Group® and Chinese Investment Group™. He has advised clients on EB-5 matters since 1999 andassists hotel developers on EB-5 financing as well as public and privatesecurities, mergers and acquisitions, cross-border issues, and otherstrategic business transactions, including real estate transactions andintellectual property and technology licensing matters. For moreinformation, contact Victor Shum at 415.984.9611 or vshum@jmbm.com.

Scott Brink

Scott Brink is a senior member of JMBM's Global Hospitality Group® anda partner in JMBM's Labor & Employment Law Department. Scott is amanagement labor lawyer with more than two decades of experiencerepresenting employers in all aspects of labor relations and employmentlaw including union prevention, collective bargaining negotiations,defense of unfair labor practice charges before the NLRB, wrongfuldischarge litigation, individual and class action employmentdiscrimination and wage-and-hour claims, sexual-harassment litigation,arbitrations, personnel policies, California wage and hour law, andemployee discipline and discharge. An experienced trial attorney, Scotthas litigated a number of high-profile and complex cases involving awide range of labor and employment law matters. For more information,contact Scott Brink at RSB@jmbm.com or 310.785.5365.

Global Hospitality Group®
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.