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Facing the Real Possibility that Hotels will Close Pools and Spas Under the Current
ADA Pool Lift Requirement, AH&LA Testifies in Support of Reasonable Pool Entry
|
News for the Hospitality Executive |
 Washington,
D.C., April 25, 2012
– The American Hotel & Lodging Association (AH&LA)
testified today
before the House Judiciary Subcommittee on Constitution in support of
reasonable pool and spa entry requirements for travelers with
disabilities and
called on the Department of Justice (DOJ) to work for sensible measures
that
provide access while protecting children from harm.AH&LA ADA Counsel Minh Vu, a partner with Seyfarth Shaw, testified that, “much to their (the lodging industry) surprise and dismay, the Department of Justice changed the rules on January 31, 2012 – only six weeks before the compliance deadline,” adding that “the DOJ violated the Administrative Procedures Act when it issued these substantive new requirements without public notice or comment. These requirements were never mentioned by the DOJ at any time in the rulemaking process and do not appear anywhere in the 2010 Final Rule.” Many lodging operators had purchased, or were in the process of purchasing, portable pools lifts that would provide access for travelers with disabilities under the 2010 Standards. These lifts can be stored when not in use, and thus prevent children from playing on them and getting hurt or damaging expensive equipment. On January 31, 2012, the Justice Department reinterpreted the 2010 Standards to require all lifts to be permanently affixed to the pool deck and available any hour a pool or spa is open to the public. Affixing a pool lift requires demolition of a pool deck to electrically ground, or bond, the lift to the deck. Portable lifts complying with all requirements of the 2010 Standards require no changes to a pool deck and can be quickly secured into place for use at adjoining pools and spas. Ms. Vu raised several lodging industry concerns, including:
These new regulations will affect hundreds of thousands of pools and spas owned or operated by businesses and state and local governments. While the lodging industry fully supports the goals of the landmark Americans with Disabilities Act and is committed to meeting the needs of all travelers, hoteliers are seeking a solution that achieves the dual purpose of accessibility and safety for all guests. About the AH&LA Serving the hospitality industry for a century, AH&LA is the sole national association representing all sectors and stakeholders in the lodging industry, including individual hotel property members, hotel companies, student and faculty members, and industry suppliers. Headquartered in Washington, D.C., AH&LA provides members with national advocacy on Capitol Hill, public relations and image management, education, research and information, and other value-added services to provide bottom-line savings and ensure a positive business climate for the lodging industry. Partner state associations provide local representation and additional cost-saving benefits to members. |
| Contact: Kathryn Potter [email protected] |