Sarah E. Bell

“Hotels, hotel chains, resorts, inns and motels are prime targets of Americans With Disabilities Act (“ADA” or “the Act”) litigation and common targets of Department of Justice disability discrimination enforcement activities,” Special Counsel Sarah Bell warned in a recent article for Hotels Magazine.

In her article, Bell, who co-chairs Pryor Cashman’s ADA Defense practice, cites the substantial rise in both DOJ actions and private lawsuits aimed at enforcing the ADA, noting that in 2015, more than 5,000 ADA accessibility lawsuits were filed in the U.S.

To help hotel owners and operators assess how they can ensure their facilities are ADA compliant – before an unwelcomed lawsuit forces them to – Bell outlines the most common “danger zones” for ADA claims, and provides insights on the kinds of accessibility violations hotels are being charged with. 

Overview of the ADA

The ADA prohibits public accommodations from discriminating against disabled individuals in any way. Common examples of violations of the Act include failing to ensure adequate physical entrance and egress from facilities, failing to provide access to proper communication, and segregating or treating individuals with disabilities unequally, among others. 

The Rise in DOJ Enforcement and Private Lawsuits 

Bell submits that the significant rise in ADA actions brought by both government and private individuals can be attributed, in part, to a provision in the Act which provides for attorneys’ fees for the plaintiff’s attorney, along with the number of large spaces and amenities that hotels typically feature.

Ensuring Compliance: What Hotel Owners Can Do to Avoid ADA Suits

While these realities can pose challenges for owners, Bell attests that by being proactive and engaging counsel “who can arrange for a comprehensive review or compliance audit,” hotel proprietors can readily identify what needs to be done to ensure that their properties are accessible.

Additionally, Bell recommends that particular attention should be paid to certain classic “weak spots,” including: 

• Parking lots;
• Building entrance and lobby;
• Accessible route throughout interior;
• Public restrooms;
• Accessible guest rooms;
• Restaurants and food service areas; and
• Service animals

Furthermore, the DOJ’s recent targeting of – and subsequent settlement with – several major hotel chains for ADA violations provides some guidance as to the kinds of accessibility features hotel operators must maintain under the Act. 

For example, in January 2016, the DOJ published a voluntary compliance agreement between the U.S. and Omni Hotels Management Corporation which required the hotel to undertake numerous ADA modifications including:

• Variation in type of accessible guest rooms;
• Providing rooms accessible to persons with hearing impairments;
• Alterations to the accessible guestrooms, including closets, clear floor space, bathrooms, showers and grab bars;
• Providing unobstructed forward and side reach ranges to the brochure display; and
• Performing several modifications to the lobby area restrooms.

By being prepared, Bell explains, owners can avoid unfortunate and unforeseen litigation: “A good offense is the best defense.”

To read the full article, please visit here.

More About Bell’s Practice

Knowledgeable, experienced and conscientious, Bell provides clients with effective defense strategies on a wide variety of ADA matters, including accessibility and discrimination claims. She is frequently retained to help navigate ADA mandates, ensure regulatory compliance and implement courses of action to avoid potential lawsuits.

To learn more about her work in this area, please visit here.