In the latest decision against an Arizona “high frequency ADA litigant”, the United States District Court for the Central District of California ruled this week that cases like Brooke vs. Perry Family Trust, et al. have no place in Federal Court. The plaintiff, Theresa Brooke, has filed hundreds of identical…
As we reported in January of this year, “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) to the extent “readily achievable.” (See ADA Defense Lawyer: Pool lift deadline of January…
January 31, 2013 is fast approaching and once again our phones are ringing off the hook and the emails are streaming in. Our hospitality clients want to know the latest action being taken by the Department of Justice (“DOJ”) on the Americans with Disabilities Act requirements for pool lifts at…
The DOJ extends pool lift deadline Today, the Department of Justice announced that it is extending the ADA pool lift deadline from May 21, 2012 to January 31, 2013. Amendment to ADA regulations This morning, the DOJ formally published an “Amendment of the Americans with Disabilities Act Title II and…
One year delay for ADA pool lift requirement On March 26, 2012, the AH&LA announced support for legislation introduced to force a 1 year delay in enforcing the ADA pool lift requirement. The bill was introduced by Congressman Mick Mulvaney (R-SC) and has 26 original co-sponsors. Authorize portable pool lifts,…
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…
As you should know by now if you are following developments on the Americans with Disabilities Act (or ADA), the most sweeping changes to the ADA in 20 years become effective on March 15, 2012. It seems that almost every day there is some new development or interpretation of the…
SAN FRANCISCO-The Department of Justice gave March 15 as the deadline for all hotel properties to install pool lifts for disabled guests who could not otherwise use the facilities independently. According to the DOJ, these lifts must be fixed, well-maintained, and exclusive to each pool. Recently, Martin H. Orlilck, an…
What the DOJ says about portable pool lifts and the new ADA Standards A hotel client called this morning to tell me that they were about to place an order for a large number of portable pool lifts to comply with the 2010 ADA Standards, and asked whether they should…
The ADA Compliance and Defense Blog asks Marty Orlick, Chair of JMBM’s ADA Compliance & Defense Group about ADA litigation involving pool lifts ADA lawsuits regarding pool lifts sound like a very specialized and narrow category of claim. Is this a threat of any real significance? Last year, I would…