Sarah Bell, a member of Pryor Cashman’s Litigation Group, and Americans with Disabilities Act (ADA) Defense Practice authored the Law360 article, “ADA Litigation: Hotels, Resorts and Inns - Beware” which appeared on February 25, 2016.

The Americans with Disabilities Act (ADA) was enacted in 1990 to provide civil rights protections to individuals with disabilities. The ADA guarantees equal opportunity and equal access for individuals with disabilities in public accommodations, recreational facilities, employment, transportation, state and local government services and telecommunications.

Although the U.S. Department of Justice has the power to enforce the regulations of the ADA, the number of private lawsuits aimed at enforcing the ADA has skyrocketed across the country. Defending an ADA lawsuit is an expensive proposition. At a minimum, a facility needs to hire and pay its own counsel, design and pay for the required modifications, pay the plaintiff’s attorneys’ fees and perhaps also indemnify its landlord and/or defend its tenants.

In her Law360 article, Bell states that hotels, resorts and inns are prime targets of ADA litigation and common targets of Department of Justice enforcement activities. This is because hotels are particularly vulnerable to potential violations. Lawsuits can consist of a broad range of allegations including violations at the check-in and concierge counters, guest rooms and bathrooms, parking lots as well as restaurants and pool/recreational facilities. Hotels and resorts would be wise to make their facilities accessible now before a lawsuit forces them to do so.