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Hotels, bars, restaurants face waves of ADA compliance lawsuits
http://www.bizjournals.com/phoenix/news/2016/02/04/hotels-bars-restaurants-face-waves-of-ada.html
Scores of hotels, motels, restaurants and bars in Arizona, Southern California and other U.S. regions are facing hundreds of lawsuits related to alleged violations of the Americans with Disabilities Act.
Many of the legal claims against hotels and motels are related to pool lifts, or the the lack thereof, for disabled guests
The cases often involve a disabled plaintiff partnering with an attorney to file claims against businesses who are not up to ADA codes.
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Lindsay Leavitt, an employment and workplace attorney at the Jennings, Strouss & Salmon law firm in Phoenix, said the ADA filings started last year and have focused on Phoenix-area hotels and motels over them not having pool lifts and other infrastructure to help physically challenged guests.
Leavitt, who defends businesses in workplace and some ADA cases, said there have also been cases filed in Tucson, Yuma, Lake Havasu City and Flagstaff as well as ones against bars and restaurants who might not be ADA compliant.
He said the ones against food and drinking establishments sometimes relate to restrooms and access to tables and bars.
He said there also are scores of ADA compliance cases being filed in California, Florida, Texas and New York. Leavitt said the wave of ADA cases is especially pronounced in California.
John Balitis, a partner and employment attorney with Phoenix-based law firm Fennemore Craig, said there are several teams of plaintiffs and attorneys filing the ADA suits in Arizona.
Most of the cases are settled out of court with businesses agreeing to get ADA compliant and paying the plaintiffs’ attorneys fees.
Those fees are in the $5,000 range, Balitis said.
Leavitt said it cost a smaller hotel $2,000 or $3,000 to install a pool lift.
Balitis said Fennemore Craig will host a free seminar April 14 in Phoenix for businesses to attend to learn about ADA compliance and possible exposure.
“It’s best to be proactive,” he said.
Leavitt is also seeing most of the cases settle out of court.
He said most of them are filed in federal courts but said some states such as Arizona also have statutes related to accessibility and accommodation of handicapped persons.
In some instances, businesses are unaware they might not have the ramps, lifts and the required accessibility under the federal law. There are also instances where business owners have ignored ADA rules.
http://www.bizjournals.com/phoenix/news/2016/02/04/hotels-bars-restaurants-face-waves-of-ada.html
Scores of hotels, motels, restaurants and bars in Arizona, Southern California and other U.S. regions are facing hundreds of lawsuits related to alleged violations of the Americans with Disabilities Act.
Many of the legal claims against hotels and motels are related to pool lifts, or the the lack thereof, for disabled guests
The cases often involve a disabled plaintiff partnering with an attorney to file claims against businesses who are not up to ADA codes.
UPCOMING EVENTS
Phoenix Business Journal Book of Lists 101
FEBRUARY 23, 2016
Bizwomen Mentoring Monday
APRIL 04, 2016
Outstanding Women in Business
APRIL 04, 2016
See More Events
Lindsay Leavitt, an employment and workplace attorney at the Jennings, Strouss & Salmon law firm in Phoenix, said the ADA filings started last year and have focused on Phoenix-area hotels and motels over them not having pool lifts and other infrastructure to help physically challenged guests.
Leavitt, who defends businesses in workplace and some ADA cases, said there have also been cases filed in Tucson, Yuma, Lake Havasu City and Flagstaff as well as ones against bars and restaurants who might not be ADA compliant.
He said the ones against food and drinking establishments sometimes relate to restrooms and access to tables and bars.
He said there also are scores of ADA compliance cases being filed in California, Florida, Texas and New York. Leavitt said the wave of ADA cases is especially pronounced in California.
John Balitis, a partner and employment attorney with Phoenix-based law firm Fennemore Craig, said there are several teams of plaintiffs and attorneys filing the ADA suits in Arizona.
Most of the cases are settled out of court with businesses agreeing to get ADA compliant and paying the plaintiffs’ attorneys fees.
Those fees are in the $5,000 range, Balitis said.
Leavitt said it cost a smaller hotel $2,000 or $3,000 to install a pool lift.
Balitis said Fennemore Craig will host a free seminar April 14 in Phoenix for businesses to attend to learn about ADA compliance and possible exposure.
“It’s best to be proactive,” he said.
Leavitt is also seeing most of the cases settle out of court.
He said most of them are filed in federal courts but said some states such as Arizona also have statutes related to accessibility and accommodation of handicapped persons.
In some instances, businesses are unaware they might not have the ramps, lifts and the required accessibility under the federal law. There are also instances where business owners have ignored ADA rules.