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Hospitality Industry Public Accommodation

Conn Maciel Carey LLP

[Webinar] ADA Website Compliance Obligations for Businesses - October 23rd, 1:00 pm EST

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As in years past, the number of lawsuits filed against hotels, restaurants, and other places of public accommodation alleging that their websites violate the Americans with Disabilities Act (“ADA”) has continued to rise...more

Conn Maciel Carey LLP

New Website Accessibility Rule to Go into Effect

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On Monday April 8, 2024, Attorney General Merrick Garland signed the final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people...more

Miles & Stockbridge P.C.

Supreme Court Sidesteps Ruling on ADA ‘Tester’ Case... For Now

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The Supreme Court earlier this month declined to address who has standing to sue a business whose website violates the Americans with Disabilities Act (ADA). In Acheson Hotels, LLC v. Laufer, the justices unanimously remanded...more

McAfee & Taft

Supreme Court punts question on ‘tester’ standing for ADA Title III violations

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After the U.S. Supreme Court agreed to hear a case on the propriety of “tester” standing (Acheson Hotels, LLC v. Laufer), interested parties have anxiously awaited the Supreme Court’s much-needed guidance on who may sue for...more

Fisher Phillips

SCOTUS Leaves Businesses Hanging: Your 4-Step Plan to Avoid ADA Accommodation “Tester” Cases

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After waiting nearly a year for a decision that would have provided businesses with some much-needed clarity (and hopefully some relief), the Supreme Court tossed from its docket a case involving a legal “tester” who “surfed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Questions Whether ADA Tester Case Is Moot

On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Jackson Lewis P.C.

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

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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

Baker Donelson

Fourth Circuit Holds Website "Tester" Has Standing to Sue Under the ADA

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Businesses take note: In Laufer v. Naranda Hotels, LLC, No. 20-2384, decided February 15, 2023, the Court of Appeals for the Fourth Circuit decided that a self-professed 'tester' who has filed hundreds of similar lawsuits...more

Fisher Phillips

Outdoor Dining Options May Present Challenges for ADA Compliance

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Most hoteliers and restauranteurs are familiar with the Americans with Disabilities Act’s (ADA) requirements on providing access to patrons with disabilities. From braille menus to wheelchair accessible restrooms, the...more

Fisher Phillips

No Shirt, No Vax, No Service: Tips on Enforcing Vaccine Mandates with Guests to Stay Out of Hot Water

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On the heels of the FDA’s full approval of the Pfizer vaccine, several major U.S. cities are requiring vaccines for entry to restaurants, shops, and entertainment facilities – and some businesses are instituting their own...more

Fisher Phillips

Pandemic Side Effect For Restaurants: Increased Disability Accommodation Claims

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The restrictions placed on indoor occupancy in response to the COVID-19 pandemic have forced businesses to think creatively in order to stay open. Businesses across all sectors have turned to technology in adapting to their...more

Epstein Becker & Green

Rule 2: Keep Your Mask On – Return to Work in the Time of COVID-19

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Who would have believed that months into this global pandemic, after the innumerable and unspeakable loss to human life, to global economies, and to our own sense of selves and normalcy – that the relatively straightforward...more

Goulston & Storrs PC

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

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 On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more

Seyfarth Shaw LLP

Northern District of New York Orders Serial Plaintiff to Justify Standing in Over 27 Separate Hotel Reservations Website Lawsuits

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Seyfarth Synopsis: The Northern District of New York sees far fewer ADA Title III lawsuits than its Eastern and Southern counterparts and apparently has no patience for serial plaintiffs with flimsy boilerplate filings. ...more

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

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Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more

Fisher Phillips

Veterans Turned Away Because Of Service Animals: Lessons You Can Learn

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The United States Department of Justice (DOJ) recently announced settlements with two hotel properties to resolve complaints under Title III of the Americans with Disabilities Act (ADA) involving service animals. In both...more

Fox Rothschild LLP

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

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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

Neal, Gerber & Eisenberg LLP

Client Alert: Online Hotel Reservation Systems Under Attack for Alleged ADA Violations

A new flavor of litigation has arisen under the Americans with Disabilities Act (ADA) and its regulations, specifically those regulations pertaining to descriptions of the accessibility features of hotel rooms....more

Fisher Phillips

Customer Complaints: How To Avoid Discrimination Claims From Your Clientele

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The story of two African-American men arrested for trespassing at a Starbucks while waiting for a friend made national headlines this summer. But the incident did not surprise many African Americans. “Shopping while black” is...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...

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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

Robinson+Cole Data Privacy + Security Insider

Choice Hotels Sued for Failing to Provide Information about Accessibility to Users

Choice Hotels International Inc., was recently sued for failing to provide disabled users with information about its rooms’ and grounds’ accessibility. The suit, referencing the Comfort Inn in Gainesville, Florida, states...more

Lowndes

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

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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

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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

Foster Garvey PC

Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

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Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow. Some of these businesses are a natural complement to the hotel industry, while...more

Foley & Lardner LLP

Gender-Based Sales Promotions: Good Business or Unlawful Discrimination?

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At the risk of sounding crass and overgeneralizing, social establishments – particularly those catering to the non-married crowd – like having more women at their establishments, and so they offer free items to women on the...more

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