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Hotel owners and managers: ADA Lawsuits Won’t Go Away in 2020 – Part 1

30 January 2020

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JMBM’s Global Hospitality Group® has defended hundreds of hotel, resort and restaurant owners all over the United States in ADA litigation, and has provided counseling that has brought entire hotel portfolios into compliance with the ADA.

Hospitality industry veterans fully understand the need to remove physical barriers to disabled guests, which can include a lack of accessible parking, no accessible paths of travel on the hotel grounds, counters exceeding height limits, bathrooms that aren’t accessible to wheelchairs, and so on.

Increasingly, however, we are seeing ADA lawsuits alleging an establishment’s website and mobile application is inaccessible to persons who are blind or sight impaired and use screen reading software.

My partner, Marty Orlick, Chair of JMBM’s ADA Compliance and Defense Group, has written extensively about websites and ADA compliance, and is experienced in defending ADA website lawsuits. In his recent article for Law360 on the topic, he explains the issues, covers recent court decisions, and details ADA website litigation that is specific to hotels.

We’re going to deliver the article to you in blog-sized bites, the first of which is titled, ADA Website Accessibility Lawsuits Won’t Go Away in 2020: Part 1 – How We Got Here.

This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc., and is reprinted with permission.

See Part 1 of this series – What you need to know about how we got here

See Part 2 of this series – Rights to due process and standing requirements

See Part 3 of this series – Website litigation specific to hotels

 

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Martin H. Orlick is one of the top ADA defense lawyers in the country. He has helped hotels, restaurants, retailers, banks and other commercial property owners defend more than 600 ADA cases. In addition to defending lawsuits and governmental investigations, Marty’s team of ADA specialists focuses on enterprise-wide ADA compliance and litigation prevention, including facilities, website and operational compliance.

He is also is a senior member of the law firm’s Global Hospitality Group®, a partner in the real estate department, and a member of the American College of Real Estate Lawyers (ACREL). For more information about ADA compliance and defense, contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.


Picture of Jim ButlerThis is Jim Butler, author of www.HotelLawBlog.com and founding partner of JMBM and JMBM’s Global Hospitality Group®. We provide business and legal advice to hotel owners, developers, independent operators and investors. This advice covers critical hotel issues such as hotel purchase, sale, development, financing, franchise, management, ADA, and IP matters. We also have compelling experience in hotel litigation, union avoidance and union negotiations, and cybersecurity & data privacy.

JMBM’s Global Hospitality Group® has been involved in more than $87 billion of hotel transactions and more than 3,900 hotel properties located around the globe. Contact me at +1-310-201-3526 or jbutler@jmbm.com to discuss how we can help.


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