News for the Hospitality Executive |
By
Jim
Butler of the Global Hospitality
Group®
Author of www.HotelLawBlog.com March 7, 2012 As you should know by now if you are following developments on the Americans with Disabilities Act (or ADA), the most sweeping changes to the ADA in 20 years become effective on March 15, 2012. It seems that almost every day there is some new development or interpretation of the new rules. For an up-to-date summary of some key provisions, please see articles listed at the end of this posting. A number of us in the hotel industry have been visiting the DOJ's Civil Rights Division to get clarification on the recent DOJ guidance on "fixed" pool lifts. Congressmen
intervene with DOJ on pool lift issues
It
remains to be seen whether other public officials will weigh in on this
important issue. Full text of letter Ms. Allison Nichol Chief, Disability Rights Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Dear Ms. Nichol: We write concerning the Americans with Disabilities Standards for Accessible Design ("2010 Standards") as they pertain to hotel pools, spas and pool lifts. We understand that hotel owners associations have contacted you requesting clarification regarding the accessible means of entry for swimming pools and spas for both existing and newly-constructed lodging facilities. The Department of Justice responded to this request by issuing revised guidance in February. After reviewing the revised guidance, we still have profound concerns that hoteliers in our states will be unable to comply with the 2010 Standards. The revised guidance contemplates that a place of public accommodation may consider a portable pool lift as an alternative to more permanent means of access. However, the revised guidance does not address whether a public accommodation can share a pool lift between multiple pools. Further, the revised guidance requires a pool lift to be poolside and fully operational during all open pool hours, but does not address the concerns of unattended pools and potential safety risks pool lifts kept out at all times may pose to children who try to play on or operate them. We are apprehensive about the economic burden associated with requiring multiple pool lifts and fully attended pool lifts for our constituent hotel operators. At a minimum, we request that you extend the compliance deadline, which is currently March 15, 2012. There is still uncertainty for hotels in our districts about the proper means to implement and operate pool lifts for their guests, and the costs associated with such compliance. Additionally, manufacturers of pool lifts have warned of lengthy backlogs in production, rendering complete compliance for all hotels impossible by the current deadline. Finally, we request that you specifically, 1) permit the use of portable pool lifts at all places of public accommodation, 2) permit the sharing of a portable pool lift between multiple pools at a single place of public accommodation, and 3) afford places of public accommodation latitude in making pool lifts available to their guests through check-in, signage or guest request. We applaud and support the efforts of the Department of Justice to ensure access for persons with disabilities to hotel pools and spas. However, we must ensure that access is provided in a reasonable and economically achievable manner. We appreciate your attention in this matter, and look forward to your prompt reply. Sincerely, _________________________ Todd Rokita (IN-04) Member of Congress _________________________ Mick Mulvaney (SC-05) Member of Congress WHY YOU SHOULD HIRE JMBM TO HELP YOU WITH ADA ISSUES. The Global Hospitality Group® of Jeffer Mangels Butler & Mitchell LLP (JMBM) has a unique focus on hospitality and unequaled experience with ADA defense. JMBM's team has defended owners in more than 500 ADA cases and DOJ actions, and is constantly dealing with these issues. They have more than 20 years' experience with the ADA - in making the tough calls, and seeing what the hot buttons are for private lawsuits and the government. Unless you are absolutely sure your hotel is ADA compliant, contact JMBM now to see how we can help you. It is a lot cheaper to do that now, than to call us after you have been sued. Jim Butler Chairman, Global Hospitality Group® [email protected] (310) 201-3526 Marty Orlick Senior Member, Global Hospitality Group® Chairman, ADA Defense Team [email protected] (415) 984-9667 Other
ADA defense and compliance resources GlobeSt.com
interviews JMBM's ADA Defense and Compliance Lawyers ADA
ALERT - A call to action before the March 15, 2012 ADA deadline DOJ
clarifies March 15, 2012 mandatory pool lift requirement! (Uh-oh!) New
ADA
compliance standards for golf courses. What do they mean to you? Quick!
Can you
pass this 3-question ADA pop quiz? New
ADA
regulations kick in soon. Say goodbye to "grandfathering" under the
ADA. Updating
Service Animal Policies of Your Hotel or Other "Place of Lodging" How to
handle an
ADA lawsuit . . . and How not to do it How
a recent ADA case affects all hotels but particularly conference
centers and
meeting hotels ADA
Defense Lawyer Alert: New Regulations Now in Effect Department of
Justice
(DOJ) ADA enforcement "sweeps" hit the West Coast. What you need to
know now. Defending
ADA lawsuits. How your hotel website can make you a target for ADA
lawsuits 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? ________________________ Martin H. Orlick is one of the top ADA defense lawyers in the country, having helped clients with more almost 500 ADA cases for hotels and other businesses. 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 [email protected]. ________________________ 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 1,300 properties all over the world. For more information, please contact Jim Butler at [email protected] or +1 (310) 201-3526. Jim Butler is a founding partner of JMBM, and Chairman of its Global Hospitality Group® and Chinese Investment Group™. Jim is one of the top hospitality attorneys in the world. GOOGLE "hotel lawyer" and you will see why. Jim and his team are more than "just" great hotel lawyers. They are also hospitality consultants and business advisors. 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 1,300 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. |
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