By: Douglas Wade, Attorney
ADA laws require hotels to list their accessible features on their website. There have been a number of lawsuits filed against hotels that have failed to do this in the last year.
Note:
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- If you’re searching for ADA website compliance law, please visit our article: California Unruh Act Website Accessibility
- Learn more about Unruh Act Attorney
The ADA 28 C.F.R Section 36.302 (e) require hotels to list their accessible features on both their website and the websites of online travel bookers. In 2020, a number of hotels were sued for failing to do so, and while they were successfully defended, the lawsuits are not slowing down. This section of the ADA has been in effect since 2012 and is vital for disabled travelers to make informed decisions about the suitability of accommodation. It applies to all hotels.
Why Is There a Surge of Section 302 (e) Lawsuits?
More than 100 Section 302 (e) cases were filed against California hotels in the last few months of 2020. After almost 9 years of Section 302 (e) being enacted, hotels still haven’t made the necessary changes to their websites.
We believe that these types of lawsuits are the most popular “easy money” lawsuits because it is quick and easy to check if a hotel is in violation. With Title III, another popular lawsuit, the plaintiff has to visit the premises, often with an ADA consultant.
Is it Possible to Win a Section 302 (e) Case?
Yes, some judges are dismissing them, especially on a federal level. Nakase Wade has successfully defended California hotels from Section 302 (e) lawsuits by getting them dismissed for lack of Article III standing. This defense works best for federal courts, as California’s Superior Court does not have an Article III standing threshold requirement.
Nakase Wade is one of the most successful California law firms for ADA defense law. We have defended a number of banks, restaurants, hotels, retailers, and other commercial property owners in ADA lawsuits. Nakase Wade also helps their clients with ADA compliance to prevent lawsuits in the future. We help them get their facilities, premises, and website up to compliance to reduce the likelihood of litigation.
ADA Hotel Website Compliance Listing Accessibility Amenities
In addition to a hotel’s website ADA compliance, the website must also list ADA amenities. The following is an example of a hotel website listing ADA amenities:
Hotel California: ADA Accessible Amenities
- Alarm Clock Telephone Ringers
- Assistive listening devices for meetings upon request
- Audible alerts in elevators
- Available accessible features include:
- Bathroom doors at least 32 inches wide
- Bathtub Grab Rails
- Bathtub Seat
- Bedroom doors at least 32 inches wide (812 mm)
- Braille elevator
- Close Caption TV
- Closed captioning on televisions or closed captioning decoders
- Digital alarm clock available with sound and strobe light
- Entrance to On-Site Business Center is Accessible
- Entrance to On-Site Fitness Center is Accessible
- Flashing Door Knockers
- Grab bars in bathroom
- Guest Room Accessibility
- Hearing Accessible Rooms and/or Kits
- Hotel complies with ADA Guidelines
- Hotel comply with the Americans with Disabilities Act of 1990
- Level or ramp entrance into the building
- Lever Handles on Guest Room Doors
- Lowered Deadbolts on Guest Room Doors
- Lowered Electrical Outlets
- Lowered Night Guards on Guest Room Doors
- Lowered Viewports in Guest Room Doors
- Main Entrance is Accessible
- Meeting Spaces are Accessible
- Mobility accessible rooms
- Non-slip Grab Rails in the Bathroom
- On-Site Restaurants are Accessible
- Property has elevators
- Public Areas/Facilities accessible for physically challenged
- Roll-in Shower
- Rooms accessible to wheelchairs (no steps)
- Self Operating lift or a sloped entry in hotel swimming pools
- Service support animals welcome
- Service Animals are Welcome
- Strobe alarms
- Swimming pool hoist for pool access
- The following features are not available:
- Toilet Seat at Wheelchair Height – Toilet for Disabled
- TTY for guest use
- TTY/TTD Compatible
- Valet only parking
- Van-accessible parking in the self-parking facility
- Visual alarm for hearing impaired
- Visual alarms for hearing impaired in hallways
- Visual alarms for hearing impaired in public areas
- Wheelchair ramp for lobby/reception access