Hotels Must List Accessible Features on their Website to Avoid ADA Lawsuits

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.

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.

ADA Compliance for Hotel Website

Do hotels website have to be ADA compliant? Yes. The law states:

Reservations made by places of lodging. A public accommodation that owns, leases (or leases to), or operates a place of lodging shall, with respect to reservations made by any means, including by telephone, in-person, or through a third party –

(i) Modify its policies, practices, or procedures to ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as individuals who do not need accessible rooms;

(ii) Identify and describe accessible features in the hotels and guest rooms offered through its reservations service in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room meets his or her accessibility needs;

(iii) Ensure that accessible guest rooms are held for use by individuals with disabilities until all other guest rooms of that type have been rented and the accessible room requested is the only remaining room of that type;

(iv) Reserve, upon request, accessible guest rooms or specific types of guest rooms and ensure that the guest rooms requested are blocked and removed from all reservations systems; and

(v) Guarantee that the specific accessible guest room reserved through its reservations service is held for the reserving customer, regardless of whether a specific room is held in response to reservations made by others.

(2) Exception. The requirements in paragraphs (iii), (iv), and (v) of this section do not apply to reservations for individual guest rooms or other units not owned or substantially controlled by the entity that owns, leases, or operates the overall facility.

28 C.F.R. § 36.302(e)(1)

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.