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 to possible issues. Such exposure has made the lodging industry prime targets for serial litigators.
There are roughly twenty-five 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. They are prolific and only getting more sophisticated in their techniques.
So you just got served with an ADA lawsuit. It’s a confusing and scary time for you. Let us help you and you won’t have to take on the lawsuit on your own. ADA lawsuits are becoming more and more common. Most property owners never see a lawsuit coming.
On January 1, 2017, California Assembly Bill 2093 went into effect. AB 2093 amended California Civil Code Section 1938 and expanded landlord disclosure requirements under commercial leases in California.
The ADA prohibits any discrimination against people with disabilities in all areas of public life. It is divided into five titles that each deal with a distinct aspect of what it means to give people with disabilities the same opportunities afforded other people.
In May of 2016, Senate Bill 269 was established, allowing a grace period from liability for statutory damages. This urgency measure became effective immediately for businesses with 50 or fewer employees. SB 269 gives a business owner 120 days from the date of the CASp inspection, to correct all violations listed in the report. For businesses with 50 or fewer employees, the business owner now has another option for reduced liability for minimum statutory damages. This is in addition to an option that existed under a previously enacted statute.
One problem with ADA lawsuits in California is that they are often based on minor issues. This bill states that the business has 15 days to correct any technical violations from the date of the service of an ADA lawsuit, or ADA violation notice. There are 7 potential technical violations that could invite ADA lawsuits.
In September of 2012, Senate Bill 1186 was signed into law in California. This bill was enacted to help prevent litigation abuse, which is becoming a big problem in the state of California. These lawsuits cost California jobs, threaten small businesses, and in many cases, don’t even result in improved access for those who need it. There are a few ways that SB 1186 can help business and property owners.
The U.S. Census Bureau reports that around 6 million people in California have a disability. California is one of the most ADA compliant states in the U.S., and also the one where the law is enforced more strictly, in addition to state Building Codes with their own standards of accessibility . The California Commission on Disability Access (CCDA) oversees compliance with ADA and state accessibility standards, providing resources to help both people with disabilities and businesses required to be accessible to them.
Since a deadline to install pool lifts passed in early 2013, hotel owners have been facing an abundance of Americans with Disabilities Act lawsuits. Hotels all over California have met this deadline, but unfortunately just installing the lifts is not enough.
Who We Serve
- Property Owners
- Business Owners
- Property Managers
- Hotels, Motels & Resorts
- Restaurants, Bars & Banquet Facilities
- Shopping Centers, Retail Stores
- Office Buildings
- Apartment Complexes
- Educational Facilities
- All Places of Public Accommodation