CHLA Lodging News Nov/Dec 2019

www.calodging.com November/December 2019 15 ADA Issues for Smaller Properties By Jim Abrams, CHLA Member Legal Advisor THE BIGGEST THREAT NOW FACING smaller hotels and B&Bs (both independent and franchised) is the tidal waive of claims and lawsuits alleging that the property’s website does not meet the requirements of the Americans with Disabilities Act (ADA). There are a number of disabled people and their lawyers (perhaps most notable are Peter Strojnik, Joseph Manning Jr., and Babak Hashemi) who have initiated hundreds of claims and lawsuits. These individuals just sit back, look at hotel, and B&B websites, and sue if they believe the website is not ADA compliant. The sad fact is that most properties that are sued have little choice, but to pay up and avoid the costs of a lawsuit. Claims involving allegedly noncompliant websites generally involve two issues. Failure to Identify Accessible/ Non-Accessible Features The Department of Justice (“DOJ”) adopted in 2010 regulations that hotels must comply with in dealing with reservations made by disabled individuals. One of those requirements—and the one that is the basis of most of the ADA website-related lawsuits— is that a property’s website does not “identify and describe the accessible and non-accessible features [of the property] in enough detail to allow an individual with a disability to independently assess whether [the property] meets his/her disability needs.” Because levels of accessibility will vary by the facility, the 2010 regulations do not specify a list of features or information that must be included about each accessible guest room or facility. However, DOJ’s Guidance to the 2010 regulations includes a discussion of features continues  