News for the Hospitality Executive
ADA Defense Lawyer: How to Quickly Lose Business
By Jim Butler and the Global Hospitality Group®,
Author of www.HotelLawBlog.com
May 25, 2011
For the most recent update on this topic, click here
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.
Regulations affect hotels.
More than 50 million Americans have disabilities, and each is a potential hotel guest. Compliance with the Americans with Disabilities Act (ADA) is not only smart business, but if a hotel owner or operator fails to comply with the ADA, the resulting fines and litigation costs can be financially devastating.
The US Department of Justice has revised the regulations implementing the Americans with Disabilities Act (ADA) for the first time in nearly 20 years. Certain of these revisions took effect on March 15, 2011. The changes to the law are complex and far-reaching. According to one disability group, the revisions affect more than 7 million "places of public accommodation"! The 1991 ADA Standards contained approximately 1,000 technical requirements. The 2010 Standards add approximately another 1,000 technical requirements. Local building codes often add hundreds of additional requirements. Hotel owners and operators need to understand how these new laws affect their operations and how they may result in required structural and other modifications to "places of lodging."
The revisions to the ADA Regulations included some broad changes to the following topics: the definitions of "Disability" and "Place of Lodging", Reservation Policies, Standards for Accessible Design, Service Animals, Mobility Devices, Communications with Customers, and Safe Harbor Provisions relating to "readily achievable barrier removal." This article includes a discussion of only the changes to Reservation Policies. Subsequent articles will cover the other topics, which are also important.*
The Reservation System Requirements in Section 36.302(e) of the ADA Regulations have been significantly expanded. A modification of reservation policies was not originally part of the Notice of Proposed Rule Making; however, 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 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.
With certain exceptions, "places of lodging" must now:
The new reservation requirements will require that hotels and other hotel-like facilities properly train their staff and implement significant changes in reservation policies. For example, the reservations staff must be able to identify which specific features are included in a hotel's accessible guest rooms; an accessible bathroom may meet accessibility requirements with either a bathtub or a roll-in shower, but the specific feature may make a difference to a particular disabled person so it must be identified.
The Hotel lawyers of JMBM's Global Hospitality Group® offer training and revisions to policy manuals to comply with these requirements. Each lodging property and each ADA claim is unique. If you would like to request an ADA survey of your property, if you are dealing with a disability-related claim relating to your property, or you would like to discuss any of the issues raised in this article, please contact the author for a more thorough discussion.
* These articles are not intended to serve as a complete discussion of the applicable ADA revisions. This information may not be relied upon as legal advice, which can only be given by a lawyer based upon your specific situation.
David Sudeck is a
the JMBM's Global Hospitality Group®. David's law practice focuses
on the real
estate and business aspects of the hospitality industry, with a special
emphasis on the hotel, resort, vacation ownership and resort
industries. As a member of JMBM's Americans with Disabilities Act (ADA)
he counsels hospitality clients on accessibility issues and ADA
can reach David at 310.201.3518 or at [email protected].
Other articles on ADA
If you found this article of interest, you may want to check out some of the other articles on this topic on www.HotelLawBlog.com which can all be found under the "HOTEL LAW TOPIC" of "ADA" at the top of the home page (or by clicking here).
This is Jim Butler, author of www.HotelLawBlog.com and hotel lawyer, signing off. We've done more than $60 billion of hotel transactions and have developed innovative solutions to help investors be successful in bidding for hotel acquisitions, and helping investors and lenders to unlock value from troubled hotel transactions. Who's your hotel lawyer?
Our Perspective. We represent hotel lenders, owners and investors. We have helped our clients find business and legal solutions for more than $60 billion of hotel transactions, involving more than 1,250 properties all over the world. For more information, please contact Jim Butler at [email protected] or 310.201.3526.
Jim Butler is a founding partner of JMBM and Chairman of its Global Hospitality Group®. Jim is one of the top hospitality attorneys in the world. GOOGLE "hotel lawyer" and you will see why.
JMBM's troubled asset team has handled more than 1,000 receiverships and many complex insolvency issues. But Jim and his team are more than "just" great hotel lawyers. They are also hospitality consultants and business advisors. For example, they have developed some unique proprietary approaches to unlock value in underwater hotels that can benefit lenders, borrowers and investors. (GOOGLE "JMBM SAVE program".)
Whether it is a troubled investment or new transaction, JMBM's Global Hospitality Group® creates legal and business solutions for hotel owners and lenders. They are deal makers. They can help find the right operator or capital provider. They know who to call and how to reach them.
JMBM’s Global Hospitality Group®
The hotel lawyers in the Global Hospitality Group® of Jeffer Mangels Butler & Mitchell (JMBM) comprise the premier hospitality practice in a full-service law firm and are the authors of the Hotel Law Blog. We represent hotel owners, developers, investors and lenders and have helped our clients find business and legal solutions for more than $60 billion of hotel transactions, involving more than 1,000 properties worldwide. For more information about the Global Hospitality Group®, go to www.HotelLawBlog.com. For more information about full range of legal services provided by JMBM, go to www.JMBM.com.
Lawyer with Fresh Perspectives on the Hotel Industry from Smith Travel
/ Jim Butler / May 2011
Lawyers with PKF and Mark Woodworth's Lodging Overview / Jim Butler
/ May 2011
Lawyers' Updates on Capital and Debt Markets for Hotels, Transaction
Sales Data and Financings / Jim Butler / May 2011
Lawyer with Updates on Hotel Cap Rates, Values and Transactions /
Jim Butler / May 2011
Lawyer with nuggets from JMBM's Meet the Money® 2011 / Jim
Butler / May 2011
Lawyer: The hotel transaction market is heating up! / Jim Butler /
Lawyer with good news! A new federal court decision upholds condo hotel
structure. No "securities" involved as structured. Disgruntled condo
hotel unit purchaser lawsuit dismissed. / Jim Butler / April 2011
the Money®: Hotel Financing Renaissance is Underway! / Jim
Butler / April 2011
Global Hospitality Group® announces publication of The HMA
Handbook, a FREE practical guide for negotiating Hotel Management
Agreements for Hotel Owners, Developers, Investors and Lenders /
a Hotel? Don't Buy an ADA Lawsuit or DOJ Investigation / Jim Butler
/ March 2011
Lawyer on Hotel Management Agreements: Exculpation Clauses for
Protecting the Owner's Assets / Jim Butler / February 2011
Defense Lawyer: How to handle an ADA lawsuit....and How not to do it
/ Jim Butler / February 2011
Lawyer: 5 Key Elements for Good Hotel Management Agreement Budget
Provisions / Jim Butler / February 2011
improving fundamentals make 2011 the year of "Great Expectations" for
the Hotel Industry / Jim Butler / February 2011
the Hotel Lawyer: 2011 is starting as the year of "Great Expectations"
for the hotel industry! / Jim Butler / January 2011
ADA Defense Lawyer: How a recent ADA case affects all hotels but
particularly conference centers and meeting hotels / Jim Butler /
Lawyer: So, You Think You Want to Buy a Hotel? For savvy investors, the
time could be right / Jim Butler / January 2011
Universal Hotel Sale Facilitated by JMBM's Global Hospitality Group®
/ Jim Butler / January 2011