Tag Archives: ADA

May 18, 2012 · 10:12 am

Hospitality Industry Legal Risks: Dept. Of Justice Extends Deadline For ADA “Pool Lifts” Requirements Until Jan 31, 2013; “Fixed Lift” Requirements Still Apply To Pools & Spas Under Construction Or Being Altered

“…the Department of Justice (DOJ) last night announced a substantial postponement of the ADA compliance date for existing pools and spas with ADA requirements for accessible entries.  The new compliance date – January 31, 2013 – is more than an additional nine months beyond the original date of March 15, 2012…”

“The extension is fair and sensible and the lodging industry supports it,” said AH&LA President/CEO Joe McInerney.

AH&LA began its efforts immediately after DOJ first announced in a guidance dated January 31, 2012 that pool lifts used to provide accessible entries into existing pools and spas must be “fixed” unless not “readily achievable,” next to the pool/spa at all times when the facilities are open, and cannot be shared between two bodies of water even if they are in the same location.  DOJ subsequently clarified that that “fixed” means attached to the pool deck in some way.  This means that “portable” lifts brought out upon request would not be acceptable, raising new concerns among members about safety risks and costs posed by “fixed” lifts.   The hospitality and business community viewed this announcement to be a significant change from the pool lift requirements issued by DOJ in its September 15, 2010 final regulations and began its intensive campaign to both reverse these substantive changes and delay the compliance date.

For more:  http://www.ahla.com/pressrelease.aspx?id=34522&hq_e=el&hq_m=1729871&hq_l=1&hq_v=e98908d08d

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May 8, 2012 · 7:04 am

Hospitality Industry Legal Risks: “Americans With Disabilities Act” (ADA) “Website Accessibility” Lawsuits Will Force Hotels To Update Websites To Service Disabled Guests

“…Charles Schwab… announced last week that they settled a year-long claim by a blind customer that its website was inaccessible to blind, low vision and cognitively challenged customers….”

 Not only does your website need to comply with the substantive requirements for listing hotel accessible features, for example, but the website itself needs to be accessible to disabled customers.

You need to ask yourself some questions. For example:

  • What standards of accessibility is your website hosting?
  • How do you measure website compliance?
  • How often do you audit your website for ADA compliance?

Charles Schwab joins a list of 15 prominent companies which have settled website accessibility complaints. Charles Schwab agreed that it will make its website more accessible and inclusive for all customers, and agreed to implement the Web Content Accessibility Guidelines (WCAG) Version 2.0 Level AA which will make its website navigable by disabled customers.

An informal complaint backed by the threat of litigation and administrative investigations was lodged with Charles Schwab by the lawyer for a blind day trader. The claimant was a long-time Schwab customer and herself a computer programmer. One morning, she found that she could no longer navigate the Schwab website using JAWS software and was prevented from making trades on-line. The

The Department of Justice (DOJ) has not approved and adopted any formal standards for website accessibility and recently withdrew its Notice of Proposed Rule Making for web access standards. The Web Accessibility Initiative (WAI) has been working for years and has promulgated the WCAG which is widely recognized as the “gold standard” for web access. However, given the almost daily changes in technology and the complexities of cyberspace, there are no official website standards.

Most recent DOJ investigations and settlements have focused on website accessibility. Target Corp. recently paid over $6 million to settle a website ADA class action.

For more:  http://hotellaw.jmbm.com/2012/05/ada_compliance_-_charles_schwab_settlement.html

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May 5, 2012 · 7:43 am

Hospitality Industry Legal Risks: Dept. Of Justice Considering Delaying ADA “Pool Lift” Compliance Deadline From May 15 To September 2012

The DOJ could charge $55,000 for the first violation and $110,000 for any subsequent violation. The Justice Department has said it will investigate any complaints of non-compliance but will give pools with financial hardship and a savings plan more time to comply.

ADA regulations instruct hotels to buy one fixed lift for each large pool, hot tub and sauna. The 235,000 to 310,000 hotels needing to upgrade may face total costs of $1 billion, according to the Association of Pool and Spa Professionals.

As a result of widespread misunderstanding about the rule and complaints from hotel owners, the Department of Justice has extended the original March 15 deadline for compliance to May 15, and is considering delaying it until September.

The department is reviewing comments submitted in March and April. A spokesman said the department is considering only extending the deadline — not stripping the requirement altogether.

“If a fixed lift is affordable and easy for that hotel, they need to provide a fixed lift,” DOJ spokesman Mitchell Rivard wrote in an email. “If only a portable lift is affordable and easy for that hotel, they can use a portable lift. If they already have a portable lift, they should explore whether it is affordable and easy to attach the lift. If no lift is achievable, they should make a plan to achieve access when it becomes readily achievable for them.”

For more:  http://www.chillicothegazette.com/article/20120505/NEWS01/205050303

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April 17, 2012 · 8:10 am

Hospitality Industry Legal Risks: “Aggressive” Disabled Plaintiff Attorneys “Identify” Hotels And Restaurants Not In Compliance With ADA Laws And Use “People With Disabilities” To File Lawsuits

“…suits were filed by Ben-Zion Bradley Weitz, a lawyer based in Florida, who has a regular group of people with disabilities from whom he selects plaintiffs. One of them, Todd Kreisler, a man in a wheelchair who lives on the East Side of Manhattan, sued 19 businesses over 16 months – a Chinese restaurant, a liquor store and a sandwich shop among them…”

A small cadre of lawyers, some from out of state, are using New York City’s age and architectural quirkiness as the foundation for a flood of lawsuits citing violations of the Americans With Disabilities Act.

The lawyers are generally not acting on existing complaints from people with disabilities. Instead, they identify local businesses, like bagel shops and delis, that are not in compliance with the law, and then aggressively recruit plaintiffs from advocacy groups for people with disabilities.

The plaintiffs typically collect $500 for each suit, and each plaintiff can be used several times over. The lawyers, meanwhile, make several thousands of dollars, because the civil rights law entitles them to legal fees from the noncompliant businesses.

The practice has set off a debate about whether the lawsuits are a laudable effort, because they force businesses to make physical improvements to comply with the disabilities act, or simply a form of ambulance-chasing, with no one actually having been injured.

The suits may claim a host of problems: at a deli grocery in West Harlem, an overly steep ramp without guardrails, high shelves and a narrowing pathway near the refrigerators; at a yogurt shop in the theater district, no ramp, no bathroom doorknob that can be opened with a closed fist and exposed hot water drains under the bathroom sink; at a flower shop on the Upper East Side, no ramp and shelves that are too high.

For more:  http://mobile.nytimes.com/article?a=939650&f=22

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April 9, 2012 · 6:50 am

Hospitality Industry Legal Risks: Sen. Feinstein Pressures California Senate To Adopt Legislation To Curb “Abusive ADA Lawsuits” Against Small Businesses For Minor Violations Of “Disabled-Access Laws”

“…in Redlands, 22 businesses were sued by the same attorney for allegedly failing to post a sign next to the handicapped parking spaces that informed parking violators they would be towed. The business owners settled the cases in amounts ranging from $5,000 to $14,000, Feinstein wrote…”

The bill would require those seeking disabled access to first notify the business of a violation, and then give it 120 days to correct the problem, during which time the firm could not be sued.

Sen. Dianne Feinstein (D-Calif.) has written to the leader of the California Senate, calling for the state to adopt legislation that would curb what she calls abusive lawsuits filed by private attorneys against small businesses for minor violations of disabled-access laws, and warning that if the state doesn’t act, she will.

Feinstein said some attorneys are filing “abusive lawsuits,” and “coercive demand letters” to force small businesses to pay thousands of dollars over often-minor noncompliance with the federal Americans With Disabilities Act and the state Unruh Civil Rights Act.

Steinberg wrote back that the California Legislature shares her concerns and approved a measure in 2008 that helps businesses come into compliance and makes it tougher to sue. The state leader disputed Feinstein’s contention that SB 1186 by state Sen. Bob Dutton (R-Rancho Cucamonga) is a possible answer.

For more:  http://www.fox40.com/news/headlines/ktxl-sen-feinstein-calls-on-state-to-curb-abusive-lawsuits-over-ada-20120404,0,7811356.story

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April 6, 2012 · 1:46 am

Hospitality Industry Legal Risks: U.S. House Introduces Bill Calling For “One-Year Extension Of The ADA Deadline” On Installation Of Public Pool Lifts

“…A second congressional bill addressing the Americans with Disabilities Act has been introduced…once Congressman Mulvaney saw the strain placed on small-business owners who were rushed to [comply], and the concern for the safety of those using pool lifts, he decided to introduce [the bill]…”

It would prohibit lawsuits against pool and spa facilities for ADA violations alleged to occur between March 15, 2012, and one year after enactment of the bill. “Congressman Mulvaney believes portable lifts and shared lifts are the best solution…,”

On March 26, Congressman Mick Mulvaney (R-S.C.) introduced H.R. 4256, calling for a one-year extension of the ADA deadline for public pools. If passed, the bill also would allow portable lifts and sharing of lifts between vessels. “It allows for lift accessibility and safety, as well as being more economically achievable…”
The bill has 26 original co-sponsors. Ron Paul (R-Texas) is among the most recognized, and Mike Ross (D-Ark.) is the only Democrat.
In early March, Mulvaney joined 67 members of Congress in a letter to the U.S. Department of Justice, which enforces the ADA, decrying its decision not to allow portable lifts or sharing. In addition, he took issue with the timing of the decision, which came 45 days before the deadline. “In that short time, approximately 309,000 pools or spas would need their own individual lifts,” McAdaragh said. The letter asked the DOJ to, at the very least, extend the deadline by six months.

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April 4, 2012 · 1:00 am

Hospitality Industry Legal Risks: Restaurants Could Face “Americans With Disabilities Act” (ADA) Lawsuits Over Failure To Accommodate Disabled Guests Using “Service Horses”

“…business owners are getting nervous about a new federal regulation requiring a  particular breed of horse to be allowed into shops and restaurants across the  country…”

The case, as well as the regulation, has drawn concern from at least one  lawmaker on Capitol  Hill, as well as the National Restaurant Association.

The Justice  Department regulations were tailored for so-called “service” horses –  miniature horses that, like service dogs, accompany the blind and others with  disabilities to help them get around.

But the rules were a lawsuit waiting to happen,  according to critics. And sure enough, a suit was filed earlier this month in  Los Angeles, by a man who uses a wheelchair and keeps a miniature horse named  Princess — and who claims a local GameStop and Marshalls refused him and his  horse service.

Read more: http://www.foxnews.com/politics/2012/03/29/businesses-face-lawsuit-fears-as-feds-mandate-service-horses-be-allowed/#ixzz1r2aEZp6a

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March 26, 2012 · 6:10 pm

Hospitality Industry Legal Risks: ADA “Pool Lift” Product And Installation Demonstration Video

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March 17, 2012 · 8:19 am

Hospitality Industry Legal Risks: Latest Americans With Disabilities Act (ADA) Revisions Reflect “Removal Of Barriers”; Restroom Floor Space And Counter Height Are Areas Of Concern

  • Toilet clear floor space: The 1991 standards required 48 inches wide of clear floor space around a toilet. The new 2010 standards require 60 inches of clear floor space around the toilet. Things such as grab bars, toilet paper dispensers and seat protector dispensers are allowed to hang over into that space, but more obtrusive items such as urinals or cabinets are not.
  • Lavatory comparable counter space: Accessible rooms are required to have counter space comparable to that of nonaccessible rooms. “Various people have different needs for countertop space,” Anderson said. “My wife has the need for a lot of countertop space, and having that small little room around the accessible sink really doesn’t meet her needs. So it’s not comparable.”
  • Sales and service counters: The 1991 standards allowed for auxiliary sales and service counters built on to existing desks. The new 2010 standards require accessible counters of full, standard depth—not just ledges or other auxiliary spaces.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7719/New-ADA-changes-could-prove-costly

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March 16, 2012 · 12:34 pm

Hospitality Industry Legal Risks: Hotels Granted “11th Hour” Reprieve In Americans With Disabilities Act (ADA) “Pool Lift Compliance” Mandate

 ”…The federal government sought to make public pools, including hotel pools, accessible for people with disabilities in 2010. There are about 51,000 hotels in the USA, and the majority have some kind of a pool…”

The U.S. Justice Department will grant the hotel industry at least a 60-day extension for complying with a new rule aimed at making existing hotel pools compliant with the 22-year-old Americans With Disabilities Act. It’s a decision that the hotel industry lobbied hard for at the 11th hour, as a number of hotel owners and managers suggested they might close their pools or fill in their whirlpools due to the uncertainty the new rules created.

For more:  http://travel.usatoday.com/hotels/post/2012/03/hotel-pool-lifts-deadlines-her-confusion-persists/648998/1

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