News for the Hospitality Executive
By Jim Butler of the Global Hospitality Group®
Author of www.HotelLawBlog.com
March 19, 2012
ADA Defense Lawyer: What does the ADA pool lift compliance extension of May 15 mean for you?
First, let's be clear that all compliance dates have NOT been extended!
Extended deadline for pool lifts is May 15
Responding to concerns expressed by the hotel, pool and spa manufacturing industries, and those of a number of U.S. Congressmen, on March 15, the White House plunged into the swimming pool access controversy by issuing a 60-day an extension to implement the 2010 ADA Standards for pool lifts. As a result of this action, the new deadline for installing pool lifts is May 15, 2012, but that too may change.
March 15 deadline remains for all other provisions of new ADA Standards
The March 15, 2012 compliance date remains in effect for all other provisions of the 2010 Standards. The Department of Justice will soon publish a Notice of Proposed Rulemaking giving the public 15 days to express their views. We expect the hotel and pool and spa industries will take a much more active role in the public comment process than they did when the 2010 Standards were initially open for comment.
Events have been moving very fast when the official government position changes 180 degrees in less than 24 hours. And that his what has happened. So my ADA expert partner, Marty Orlick, and I thought it might be helpful to explain what is going on, and what it likely means to you.
Here it is . . .
Where has all the confusion come from?
The 2010 Standards (which were to go into effect March 15, 2012) do not mention "fixed" pool lifts. The confusion over the new ADA pool lift requirements intensified on January 31, 2012 when the Department of Justice (DOJ) "clarified" its position on pool lifts in a letter to the AH&LA stating that:
Pool lift manufacturers and distributors have been in full production for months, making and selling portable pool lifts which they proudly advertised on their websites as "ADA Compliant" or as "meeting all of the ADA requirements." Many thought these portable devices were preferable, because they could be utilized when disabled guests needed them and be shared between the pool and spas as needed.
This DOJ's pronouncement 18 months after promulgation of the new rules sent tsunami-sized waves through the hotel and pool and spa lift industries.
A huge gap to be bridged
Pool and spa industry estimates are that less than 5,000 pool lifts were sold in the U.S. in 2011 and that there are an estimated 300,000 public pools and spas in the country that need to comply with the 2010 Standards. There was no ready source to provide an adequate number of pool lifts to meet this demand, despite desperate efforts by manufacturers to design and produce them.
Critics say that the DOJ did not adequately take into consideration whether the pool lift industry could scale to such numbers, particularly for fixed pool lifts, in such a short time. Although there are some pool lift manufacturers who designed fixed devices, many did not.
Our hotel clients report that fixed pool lift demand cannot be met. Since January 31, 2012, manufacturers have been working round the clock to develop retrofit solutions to "fix" their lifts to pool and spa decks.
Why relief was/is needed
Hotel owners and operators contacted their elected representatives who in turn contacted the DOJ and the White House to express concerns about promoting access to pools and spas for the disabled community while recognizing the legitimate interests of public safety and hotel operations.
With less than 2 months' notice, installing fixed pool lifts was all but impossible. These lifts simply do not exist in the quantities necessary to meet the demand.
The lack of inventory and manufacturing capability for compliant pool lifts and the focused efforts of the American Hotel and Lodging Association (AHL&A) played significant parts in today's executive decision to postpone the compliance date for pool lifts.
What you should do now . . .
So, the compliance date for installing pool lifts is now May 15, 2012 and may be extended again. At this point, the 2010 technical Standards are unresolved. You should have a plan in place to comply with the new pool and spa access requirements. However, you may be well advised to put your toe in the water before you take the plunge to buy pool lifts until the DOJ determines precisely what types of pool lifts satisfy with the Standards.
JMBM's ADA Compliance and Litigation Group has been working closely with design professionals and hotel owners to develop solutions to pool lift compliance challenge. Give us a call if we can help you.
Chairman, Global Hospitality Group®
Senior Member, Global Hospitality Group®
Chairman, ADA Defense Team
defense and compliance resources
DOJ turnabout: Pool lift compliance deadline extended to May 15
ADA defense and compliance lawyer: More clarification or confusion on March 15 ADA standards?
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: Hilton's ADA Settlement with the Department of Justice: Precedent-setting agreement delivers more than removing architectural barriers
ADA Defense Lawyer Alert: New Regulations Now in Effect
ADA defense lawyer: Implications of the latest ADA enforcement "sweeps" against hotels in Portland and San Francisco.
Department of Justice (DOJ) ADA enforcement "sweeps" hit the West Coast. What you need to know now.
When disabled hotel guests' needs go beyond the norm for typical guests, what do hotel owners and managers have to do?
ADA Compliance is no longer an option. There is a "new sheriff" in town, and problem prevention costs a fraction of defense and compliance under a microscope.
ADA Sweeps by U.S. Department of Justice -- Coming to a theater district or Hotel near you soon? How to get ready before it's too late.
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 unlock value from hotels. 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.
Turnabout: Pool lift compliance deadline extended to May 15 / Jim
Butler / March 2012
Things to Remember when Buying Hotel Notes / Jim Butler / March 2012
Defense and Compliance Lawyer: More clarification or confusion on March
15 ADA standards? / Jim Butler / March 2012
ALERT - A Call to Action Before the March 15, 2012 ADA Deadline /
Jim Butler / February 2012
Interviews JMBM's ADA Defense and Compliance Lawyers: Hotels Handle
Pool Lift Regulations / Jim Butler / February 2012
Tips for Hotels; How to spot terrorists and what to do. / Jim
Butler / February 2012
Defense and Compliance Lawyer Advisory: DOJ Clarifies March 15, 2012
Mandatory Pool Lift Requirement! (Uh-oh!) / Jim Butler & Martin
Orlick / February 2012
Can You Pass This 3-Question ADA Pop Quiz? / Jim Butler / January
Lawyer in Los Angeles: ALIS - What's the commotion all about? Closing
the conference hotel to outsiders. / Jim Butler / January 2012
Management Contract Disputes: Importance of 'Fiduciary' Duties in
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and Disputes Between Hotel Owners and Operators are on the Rise? Why?
/ Jim Butler / January 2012
Defense Lawyer: New ADA Regulations Kick in Soon. Say goodbye to
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Service Animal Policies of Your Hotel or Other 'Place of Lodging' /
Jim Butler, Martin Orlick and David Sudeck / October 2011
Industry Alert: Some things to feel (very) good about! / Jim Butler
/ September 2011
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Labor and Employment Lawyer Update: Controversial Union Rights Notice
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from Hotel Franchise and Management Lawyers: Beware the Trap of
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and Employment Alert: New Law Requires Employers to Post Employee
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Notification of Employee Rights / Scott Brink , JMBM / September
Lending Lawyer: What every hotel lender needs to know about hotel due
diligence / Jim Butler & Guy Maisnik / September 2011
Lending Lawyer: What every hotel lender needs to know about Cash
Controls / Jim Butler & Guy Maisnik / August 2011
Lawyers on Terminating Hotel Operators: M Edition Lawsuit Against
Marriott Has a New Twist Marriott is Replaced Overnight / Jim
Butler / August 2011
Lawyers on Terminating Hotel Operators: Turnberry Resort Drops Fairmont
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Lending Lawyer: What every hotel lender needs to know about SNDA's
/ Jim Butler & Guy Maisnik / August 2011
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Lawyer on the Fiduciary, Contractual and Agency Duties of Hotel Brokers
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Butler / August 2011
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and investment, and what could it mean for you? / Jim Butler /
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to use the EB-5 Immigrant Investor Visa Program for financing / Jim
Butler / July 2011
Announces Formation of the Chinese Investment Group™ - Hotels, Real
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Lawyer: What you need to know about the "ancillary benefits" of setting
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Lawyer: Are you thinking about setting up a captive insurance company?
Maybe you should be. . . / Jim Butler & Gordon Schaller / June
Lawyer in New York with pre-NYU industry forecast: Sunny with
occasional clouds and NO storms on the horizon / Jim Butler / June
Lawyer with the Executive Roundtable Results; Debt is returning, equity
is out looking, and we've passed the bottom of the trough. Why now is
the time to purchase a hotel. / Jim Butler / June 2011
Defense Lawyer: How to Quickly Lose Business. (No ADA-Compliant
Reservation System) / Jim Butler & David Sudeck / May 2011
Lawyer with Fresh Perspectives on the Hotel Industry from Smith Travel
/ Jim Butler / May 2011
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/ 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