Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant: ADA Compliance and Defense Lawyer
May 3, 2016 1:55am
By Jim Butler and the Global Hospitality Group®
Author of www.HotelLawBlog.com
3 May, 2016
Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant
Martin H. Orlick, Chair, JMBM’s ADA Compliance and Defense Group
In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against Southern California hotels.
The plaintiff, who claims she is confined to a wheelchair, called an Orange County hotel to book a room. She asked the hotel representative whether the hotel pool and Jacuzzi had a pool lift or other means of access for disabled persons. The hotel employee allegedly reported that the hotel had no pool lifts. Thereafter, allegedly, plaintiff’s “agent,” and ADA investigator, visited the hotel, verified that there were no pool lifts, and notified the plaintiff of other ADA violations. The plaintiff claimed that she regularly frequents the area where the hotel is located and plans to do so in the future. If there was a pool lift, plaintiff claims, she would stay at the hotel in the future.
The plaintiff, Theresa Brooke, has filed over 70 ADA lawsuits against Southern California hotels in the past 6 weeks, “every single one of which” in boilerplate fashion alleges ADA violations based on inaccessible hotel pools and spas. In dismissing the lawsuit, the Judge noted that the “deluge [of ADA lawsuits] is ongoing, noting plaintiff, it appears, would like to stay at every Orange County hotel that presently has an inaccessible Jacuzzi.”
Citing a recent opinion (Brooke v. Kalthia Group Hotels), the trial judge on his own motion dismissed the lawsuit finding that plaintiff had not stated a claim under the ADA because a plaintiff who had not visited the hotel cannot litigate a case against the hotel based solely on calling the hotel, seeing pictures and taking a call from her private investigator.
Despite two decisive rulings dismissing these lawsuits, this plaintiff continues to file multiple ADA lawsuits daily. All hotel owners and operators need to know that these cases can be won without substantial cost.
If you would like to discuss any of the ADA issues, please contact us:
Chairman, Global Hospitality Group®
Chairman, ADA Defense Team
martin h. orlick,
ada compliance and defense lawyer
Martin H. Orlick is one of the top ADA defense lawyers in the country. He has helped hotel, restaurant, retail and other commercial property owners defend more than 600 ADA cases. In addition to defending lawsuits and governmental investigations, Marty’s team of ADA specialists focuses on enterprise-wide ADA compliance and litigation prevention, including facilities, website and operational compliance. He is also is a senior member of the law firm’s Global Hospitality Group®, a partner in the real estate department, and a member of the American College of Real Estate Lawyers (ACREL). For more information about ADA compliance and defense, contact Marty Orlick at (415) 984.9667 or email@example.com.
Contact: Marty Orlick
Jim Butler is a founding partner of JMBM, and the founder and chairman of JMBM’s Global Hospitality Group® and Chinese Investment Group™. He is recognized as one of the top hotel lawyers in the world and has authored or co-authored The HMA & Franchise Agreement Handbook, How to Buy a Hotel Handbook, The ADA Compliance and Defense Guide, and The Lenders Handbook. Jim has led the Global Hospitality Group® in more than $71 billion of hotel transactional experience, involving more than 3,800 hotel properties located around the globe. Jim’s team has also closed more than $1 billion of EB-5 financings for developer clients over the past two years. (310) 201.3526 or firstname.lastname@example.org
Contact: Jim Butler
Hotel ADA Website Compliance – What You Need to Know
Important News for Hospitality Executives: How the New Tax Act Could Affect Your Estate Plan
A Top Priority in 2018: 7 Steps to Achieve Hotel Website Accessibility and ADA Compliance
California Labor & Employment Law Update: Key Changes in 2017 and What’s Slated for 2018
ADA Compliance & Defense Lawyer Update: 99 ADA Lawsuits Dismissed as Fraudulent and Malicious
Homeland Security Warns Against Threats to US Infrastructure
Resort Fee Litigation Advisory Group: How to Avoid Litigation on Resort Fees and Other Mandatory Hotel Charges
Hotel Lawyer: Tips on Negotiating Your Annual Hotel Budget
Resort Fee Litigation Advisory Group: How Resort Fees Became an Explosive $2.7 Billion Issue
Resort Fee Litigation Advisory Group: National Task Force of 47 Attorneys General Goes After Resort Fees
Resort Fee Litigation Advisory Group: The FTC Takes Aim at Hotel Resort Fees (Again) - The FTC 2017 Report
Resort Fee Litigation Advisory Group: Impending Eruption of Litigation over Resort Fees?
Hotel Lawyer: Tax Alert for Partnerships and LLCs
EB-5 Finance Lawyer: President Trump's Budget Deal Includes Extension of EB-5 Through 12-8-17
EB-5 Financing Lawyer: What JMBM Does to Help Developers With EB-5 Construction Financing
EB-5 Financing Lawyer: Why You Do NOT Want to Form Your Own Regional Center
EB-5 Financing Lawyer: The 5 Questions Every Developer is Asking About EB-5 Financing
JMBM's Global Hospitality Group Announces the Publication of an EB-5 Handbook for Developers
EB-5 Financing Lawyer: EB-5 Construction Financing Term Sheet for Top Developers
EB-5 Financing Lawyer: FAQs: Essentials of EB-5 Construction Financing for Developers
Please login or register to post a comment.