News & Analysis as of

Americans with Disabilities Act (ADA) › Accessibility Rules › Hospitality Industry

Jackson Lewis P.C.

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

Jackson Lewis P.C. on

Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Seyfarth Shaw LLP

Ninth Circuit Says Restaurant Does Not Discriminate Against the Blind By Providing Only Drive-Through Service

Seyfarth Shaw LLP on

Seyfarth synopsis:  The Ninth Circuit holds that a restaurant’s practice of exclusively providing service at the drive-through and refusing to serve pedestrians at the drive-through line does not violate the ADA....more

Seyfarth Shaw LLP

Two Hotels Secure Dismissals of Hotel Reservations Website Lawsuits Brought by California Serial Plaintiffs’ Firm

Seyfarth Shaw LLP on

Seyfarth synopsis:  A federal judge dismisses the first two of hundreds of pending lawsuits filed against hotels for allegedly not providing enough accessibility information on their reservations websites....more

Fox Rothschild LLP

How To Avoid ADA Title III Website Cases That Target Hotels & Motels

Fox Rothschild LLP on

As I posted last year, the next wave of Americans with Disabilities Act (“ADA”) Title III litigation was going to focus on hotels and motels and their reservation systems. And, I was right. These cases are primarily...more

Jackson Lewis P.C.

Court Finds Standing Requirement For ADA Title III Claim Requires Plaintiff To Have “Concrete And Realistic” Plan To Return To The...

Jackson Lewis P.C. on

A recent Middle District of Florida decision granted the Defendant’s Motion to Dismiss Plaintiff’s claims for relief under Title III of the ADA based on Plaintiff’s lack of standing to bring such claims. In Kennedy v. Cape...more

Lowndes

Three Proactive Steps Hotel Operators Can Take to Mitigate ADA Financial Risks

Lowndes on

While federal lawsuits alleging violations of the Americans with Disabilities Act are not new, recent news coverage of current and ongoing lawsuits underscore that major hotel flags are particularly attractive targets for...more

Snell & Wilmer

Serial Plaintiffs Are Filing Waves of Title III Disability Cases

Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Jaburg Wilk

Strategies for Defending ADA Accessibility “Tester” Lawsuits

Jaburg Wilk on

In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert...more

Tucker Arensberg, P.C.

The Drive-by Plaintiff in the Hospitality Industry

Tucker Arensberg, P.C. on

July 26, 2015, marked the 25th anniversary of Title III of the ADA (“Title III”). The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is finalizing regulations affecting a variety of industries,...more

Manatt, Phelps & Phillips, LLP

Pool and Spa Accessibility Requirements Take Effect on January 31

Manatt, Phelps & Phillips, LLP on

On January 31, 2013, the deadline for lodging facilities and other places of public accommodation to comply with new accessibility regulations for pools and spas takes effect. The regulations were issued by the Department of...more

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