CHLA Lodging News May/June 2019

22 CALIFORNIA LODGING NEWS www.calodging.com SINCE 1993 WHEN THE AMERICANS WITH DISABILITIES ACT went into effect, keeping a hotel ADA compliant has always been a challenge. Compared to a retail store or restaurant, there is so much more exposure for possible issues. Such exposure has made the lodging industry a prime target for serial litigators. Allow me a moment to draw an important distinction between serial litigators and disabled people who simply want access to public spaces and are well within their rights to advocate through the legal process to gain it. I personally have a family member with a disability and have experienced first-hand the frustration of not being able to access a restaurant or hotel. However, there are roughly 25 law firms across California who specialize in ADA lawsuits. These suits are driven by the lawyers, not the plaintiffs, and they sue multiple businesses every day. At ADA Compliance Pros, we hear the same names over and over again. An important point to understand, and the key take-away from this article is the fact that 95% of ADA lawsuits originate in the exterior of the parking lot. For serial litigators, the exterior functions as “low hanging fruit” as they can quickly determine whether a property is compliant from driving past… thus why these lawsuits have earned the nickname “drive-by lawsuit.” The good news is that while the techniques from these serial ADA litigators are indeed aggressive, by being proactive and focusing on gaining compliance, you can defend yourself. The more you know, the better you can prepare. Here are the three key items that the exterior of a hotel must have to be ADA compliant:  Proper ADA Parking Every business that is open to the public must provide a van accessible parking space as well as additional ADA spaces. The quantity is determined by the amount of standard ADA Parking & Exterior Access What is Required by Law By David LoPresti, Co-owner, ADA Compliance Professionals