Articles Posted in ADA Compliance and Defense

Published on:

1 March 2009

Click here for the latest articles on ADA Compliance and Defense.

ADA defense and compliance advice from Hotel Lawyers: An ounce of prevention is worth more than a pound of cure. The Americans with Disabilities Act, or ADA, is an important federal law applicable to all hotels in the United States because they are places of “public accommodation.” And just as the federal Civil Rights Act became a powerful instrument to prevent discrimination by hotels, the ADA is now assuming commanding importance in eliminating “barriers” to the use and enjoyment of hotels, restaurants and other facilities governed by the act.

In tough economic times, we all want to slash “unnecessary” expenses, but the costs of a proactive ADA compliance program deserve a more “critical” rating than many have given it up to now. And as the saying goes, you can pay a dollar for prevention today or many times that amount tomorrow in defending litigation and meeting a higher standard after your operation has been put under a plaintiff’s microscope. The Department of Justice’s recent ADA sweeps in New York City, and the rising tide of private ADA lawsuits filed against hotel owners are compelling proof.

CONTINUE READING →

Published on:

Hotel Lawyers | Authors of www.HotelLawBlog.com
26 February 2009

Click here for the latest articles on ADA Compliance and Defense.

 

Hotel ADA Compliance and Defense Lawyers: ADAAG implementation delayed by Obama administration.

At www.HotelLawBlog.com, like most of our colleagues in the hotel and restaurant industries, we support the ADA’s purpose and intent to grant reasonable access to disabled persons. But the devil is always in the details. For example, it is one matter to build new facilities in compliance with current reasonable standards, but it is another matter to require a massive retrofit of existing facilities. And ambiguities in the law should not be used, with hindsight, to punish reasonable, good-faith attempts to comply. Critical “details” of great importance are the focus of proposed changes in the guidelines for ADA compliance.

We hope that the “hold” put on implementation of the new guidelines requested by President Obama means that the well-reasoned comments of the AH&LA and other concerned parties will be considered more seriously. See Hospitality Lawyer with urgent ADA warning: You won’t believe what they want to do with ADA now.

CONTINUE READING →

Published on:

6 January 2009

Click here for the latest articles on ADA Compliance and Defense.

An important ADA sweep has been launched — a development involving the Americans with Disabilities Act — and there are important, cost-effective steps a prudent owner or operator can take now to solve unnecessary problems. We expect more ADA Sweeps soon. An ounce of prevention is worth a pound a cure.

Here is what this is all about. . .

CONTINUE READING →

Published on:

4 January 2009

Recent ADA Guidelines and the Target case provide a big wakeup call to the hotel industry for its internet “channel” of distribution. When the Americans with Disabilities Act (ADA) was enacted by Congress in July 1990, the Internet was in its infancy and few, if any, considered its applicability to cyberspace. But a settlement of a cyberspace lawsuit in a major case on the issue pending in Federal Court stands to set a precedent with far reaching implications for the hotel industry as well as the nation’s retailers.

CONTINUE READING →

Published on:

18 November 2008

by Martin H. Orlick
A “professional plaintiff” that has filed more than 400 nearly identical lawsuits against hotels, restaurants and other businesses in California may have to find a new line of work. The U.S. Supreme has let stand a prior ruling that this serial plaintiff, and his lawyer, cannot file ADA lawsuits without first obtaining the court’s permission.

CONTINUE READING →

Published on:

Author of www.HotelLawBlog.com
20 September 2008
Hospitality Lawyer: Big changes proposed to the ADA look to be very expensive and cause lots of litigation.

The Americans with Disabilities Act or ADA was enacted by Congress almost 18 years ago in 1990 and is the “law of the land.” Few would argue with the basic purpose of the ADA, to make “places of public accommodation” accessible to those with disabilities. But now, the Department of Justice (or DOJ), which administers this law, is proposing new ADA Rules that have caught many in the hospitality industry napping. It’s a good thing the smart people at the American Hotel & Lodging Association (AH&LA) are wide awake and have proposed the DOJ make revisions that address the realities of the industry. But what the final rules will look like is unknown.

Our hotel lawyers have great experience in defending ADA claims, and we have covered quite a bit of important ground about the ADA here on www.HotelLawBlog.com (see https://hotellaw.jmbm.com/ada/), with some important tips on avoiding costly liabilities from experienced veterans who have defended more than 200 ADA cases. Once again, it’s time to put the ADA on your watchlist of issues that can affect you, your guests and your business. When the new rules go into affect you will want to be ready to draw up your game plan. Because you won’t believe what they want to do with ADA.

CONTINUE READING →

Published on:

Author of www.HotelLawBlog.com

28 March 2007
Hospitality Lawyers: Defending ADA claims. How lawsuits brought under the Americans With Disabilities Act (ADA) can target your website or online reservation system . . . and what you should do about it now.

A recent decision by a Federal judge has ruled that the ADA’s architectural barrier requirements can apply to websites, setting the stage for litigation. Is your hotel’s website accessible to the blind and those with impaired eyesight? If you use a third-party reservation system, are you liable if their website is not accessible?

CONTINUE READING →

Published on:

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 →

Published on:

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 →

Contact Information