A “professional plaintiff” that has filed more than 400 nearly identical lawsuits against hotels, restaurants and other businesses in California may have to find a new line of work. The U.S. Supreme has let stand a prior ruling that this serial plaintiff, and his lawyer, cannot file ADA lawsuits without…
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…
How can the ADA apply to web sites? While most hoteliers are aware of how the ADA affects architectural barriers, paths of travel, parking spaces, swimming pools and even guests’ service animals, a recent court ruling has opened up an entirely new area to litigation: websites. When the Americans with…
Service animals are not pets According to the law, service animals are not pets. Whether your hotel is “pet friendly” or a “no pets” establishment does not affect your obligation to treat disabled guests with service animals like all other guests: they are to be provided the same services and…
On October 26, 2006, the California state Court of Appeal ruled that disabled plaintiffs suing for damages under California’s Unruh Civil Rights Act (Unruh Act), must prove intentional discrimination in order to recover the $4,000 minimum damages per offense” that makes this kind of litigation so lucrative to plaintiffs and…
Hotels and other targets of ADA lawsuits have found a friend in the U.S. Constitution: Article III. Many thousands of ADA lawsuits have been filed in federal District Courts in the past few years. A large percentage of the plaintiffs filing these lawsuits are represented by a handful of plaintiffs’…
As most hotel owners and operators know, the Americans With Disabilities Act (ADA) prohibits discrimination on the basis of disability by “public accommodations,” including places of lodging. This requires facilities to be designed, constructed, and altered – where “readily achievable”– in compliance with the accessibility standards as set forth in…