News for the Hospitality Executive |
ADA Defense Lawyer: Pool lift deadline of January 31, 2013 looms, but may be a diversion from enterprise-wide ADA compliance |
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recent update on this topic, click
here By Jim Butler and the Global Hospitality Group® Hotel Lawyers | Authors of www.HotelLawBlog.com January 15, 2013 Hotel ADA Defense
& Compliance Lawyer with some tips on what you should do now. So here is where things stand. The pool lift
controversy continues to make a splash, but is it a diversion from
enterprise-wide ADA compliance? The DOJ stunned both the hospitality industry and pool manufacturers when it proclaimed that only "fixed" or permanent pool lifts would comply with the new 2010 ADAAG Standards (effective March 21, 2012) to the extent "readily achievable." Portable pool lifts installed on an as needed basis are prohibited unless it is not readily achievable, in which event a portable lift may be used if it is properly anchored. Due to the efforts of industry groups like American Hotel & Lodging Association and pool and spa organizations, the DOJ postponed the pool lift effective date from March 21, 2012 to January 31, 2013. The DOJ's published position is that pool lifts need to be available at each pool and spa (although only one lift is required at a "cluster" of spas) during all pool and spa operating hours. The DOJ has mandated that only "fixed" pool lifts may be installed at each location unless the business can establish that such installation is not "readily achievable." In such event, a portable pool lift may be permitted if it is properly secured and in place during operating hours. All indications are that the DOJ remains intransigent that the pool lift requirement will be enforced on January 31, 2013 and pool lifts must be "fixed" to the extent readily achievable. A determination of what is "readily achievable" requires a legal opinion based on the facts of each case. The ADA pool lift
requirement -- Situation summary We are concerned that the focus on "fixed" versus portable pool lifts creates a distraction and a false sense of security for hotel owners and operators. By focusing on the pool lift controversy, there is a tendency to forget about a number of other significant changes under the new ADAAG Standards such as the expanded reservation policies, practices and procedures, condo-hotel requirements, website accessibility, providing auxiliary aids and services and Telecommunications Relay Services. Such limited focus may cause you to lose sight of the DOJ's recent enterprise-wide ADA settlements with hotel giants like Hilton International. Don't forget the
January 31, 2013 pool lift deadline, but stay focused on
enterprise-wide ADA
compliance Here is what we recommend: 1. Pool lift compliance.
Determine immediately if all your properties are in compliance with the
January 31, 2013 pool lift requirements. If you are not sure, you need
to find out now. We understand that some ADA plaintiffs are eagerly
waiting for February 1, 2013 to file lawsuits over pool lifts. An ounce
of prevention is worth a pound of cure.
2. All other (non-pool lift) ADA compliance. Determine if all your properties are otherwise in compliance with the ADA. Many property owners and managers have ignored these basics while chasing pool lift issues. 3. ADA Compliance and Defense Audit. If you don't already have one, commission an ADA compliance and defense audit to assess your properties, policies, procedures, and training. Enterprise-wide ADA compliance survey programs which address website accessibility, effective policies, practices and procedures, reservation practices, property accessibility, auxiliary aids and services are the most reliable methods of assuring that your business is not sued, or worse, investigated by the DOJ or other civil rights enforcement agencies. For more information on our enterprise-wide ADA compliance program, please contact us: 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 Martin H. Orlick is one of the top ADA defense lawyers in the country, having helped clients with more than 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]. __________________________ 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 unlock value from hotels. 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
1,300 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. |
Contact: [email protected] 310.201.3526 |
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