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. . .
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.
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.
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?
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.
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.
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.
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.