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ADA Compliance and Defense Blog

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ADA Compliance & Defense Lawyer Advisory: DOJ clarifies March 15, 2012 mandatory pool lift requirement

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…

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ADA Defense & Compliance Lawyer: New ADA regulations kick in soon. Say goodbye to "grandfathering" under the ADA

Certain regulations become effective March 15, 2012. Hopefully, you are already working on bringing your swimming pools, wading pools and spas, golf facilities, fitness facilities, steam rooms, and saunas (and more — see below) into compliance with the 2010 Standards for Accessible Design (specifically the 2010 Standards for Public Accommodations…

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ADA Compliance & Defense Lawyer: Updating Service Animal Policies for Your “Place of public accommodation”

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title III (public accommodations and commercial facilities) on September 15, 2010. Certain of these amendments became effective as of March 15, 2011, including revisions to the provisions of the ADA governing service animals. Rules…

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ADA Defense & Compliance Lawyer on How to quickly lose business: no ADA-compliant reservation system

ADA Defense & Compliance Lawyer: ADA reservation system requirements The US Department of Justice has revised the regulations implementing the Americans with Disabilities Act (ADA) for the first time in nearly 20 years. While the revisions to the ADA Regulations include broad changes in many areas, today’s blog focuses on…

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Buying a Hotel? Don’t buy an ADA lawsuit or DOJ Investigation

Jim Butler, Chair of JMBM’s Global Hospitality Group reports that many investors view our current economic downtime as the perfect opportunity to purchase distressed hotel and motel assets at substantial discounts. Before any of these investors complete a purchase transaction, however, they should add one more item to their due…

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Auxiliary Aids: How a recent ADA case affects all hotels but particularly conference centers and meeting hotels

Does the ADA now require all hotels to provide personal hearing or closed caption devices for deaf and hard of hearing guests? In November 2010, a disability rights group launched class action litigation against Cinemark’s theaters in California on behalf of “The Association of Late Deafened Adults.” In its complaint,…

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ADA Defense & Compliance Lawyer Alert: Hilton’s ADA Settlement with the Department of Justice: Precedent-setting agreement delivers more than removing architectural barriers

On November 9, 2010, the U.S. Department of Justice’s Civil Rights Division (DOJ) and Hilton Worldwide, Inc. (Hilton) announced that they entered into a 45-page “comprehensive precedent-setting agreement under the Americans with Disabilities Act of 1990 (ADA) that will make state-of-the-art accessibility changes to approximately 900 hotels nationwide.” More than…

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ADA Defense & Compliance Lawyer: California’s Certified Access Specialist program — Does it provide all of the intended ADA protections?

CASp may not be a “silver bullet” but CASp compliance is still a smart move California’s 2009 Construction-Related Accessibility Standards Compliance Act (“the Act”) was designed to curb abusive ADA litigation by creating the Certified Access Specialist program (CASp). CASp enables business owners to follow procedures to “certify” that their…

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