There has been a sharp rise in the number of Americans with Disabilities Act (ADA) lawsuits filed in 2020 and 2021 thus far alleging a lack of compliant passenger loading zones. Many of these lawsuits have been filed against hotels in California throughout the state. The lawsuits are generally filed…
In a unanimous published opinion, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) affirmed the District Court’s dismissal of Whitaker v. Tesla Motors, for failure to state a claim of an action under Title III of the Americans with Disabilities Act (ADA). This case may have…
We previously warned the hotel industry of the inevitable explosion of ADA website lawsuit filed against hotels. Well, that time is here. In 2020, we saw a surge of lawsuits filed against those in the hotel industry, alleging the failure to comply with 28 C.F.R. Section 36.302 (e) of the…
The Court Dismisses ADA Lawsuit for Lack of Standing – Proving Once Again These Cases Can Be Won Anthony Bouyer v. LAXMI Hospitality, LLC By Martin H. Orlick It’s important to remember federal courts are courts of limited jurisdiction. That limited jurisdiction derives from Article III of the U.S. Constitution.…
In 2020, we saw an explosion of federal lawsuits against hotels alleging that they failed to comply with 28 C.F.R. 36.302(e) of the Americans with Disabilities Act (ADA) by not identifying accessible features on their own and third party booking agents’ websites. Twice this year, we reported that ADA website…
Emotional Support Animals Now Banned on Commercial Flights — Airlines are Crying “Woof” News accounts abound of passengers bringing a variety of so-called “emotional support” animals aboard commercial air flights. Who hasn’t seen a cute, expensive dog, cat or other animals on flights? And we have also heard about passengers…
Federal Judges Deal Further Blows to Deborah Laufer’s Nationwide ADA Lawsuits Against the Hospitality Industry: ADA Lawsuits Are Defensible by Martin H. Orlick On June 8, 2020, we reported on the opinions of a New York federal judge that 30 of Deborah Laufer’s Complaints had no place in federal court. …
In a case indicating that courts may be weary of serial plaintiffs filing multiple cookie-cutter lawsuits, a United States District Judge in the Northern District of New York has ordered a plaintiff to show that she has standing to bring ADA hotel website accessibility lawsuits to federal court. The disabled…
Title III of the ADA allows customers and visitors to sue businesses and landlords for disability discrimination in court. The alleged violations range from everything from parking lot slope to website design. What should you do if you’ve been sued under Title III of the ADA? Take a deep…
Many hotels are not aware that the ADA imposes several requirements during the reservations process, including posting descriptions of the hotel’s physical accessibility features on its online reservations system. Starting around early 2018, serial ADA plaintiffs have filed significantly more lawsuits against hotels regarding this issue. In addition to the…