Last month, the Honorable Phyllis J. Hamilton (United States District Judge, Northern District of California) issued an interesting [partial] summary judgment order in the matter of Francie Moeller, et al. v. Taco Bell Corporation, (Case No. C 02-5849) a case pending since December, 2002.  Over the years, this case has been certified as a class action and then decertified,
Continue Reading Court Tosses Plaintiffs’ Claims About Barriers not Mentioned in Complaint

By Minh N. Vu

The U.S. Justice Department (DOJ) and the owners of the Rosa Mexicano restaurants at Lincoln Center, Union Square, and First Avenue recently entered into a consent decree that resolves an enforcement suit filed in October 2012.  The DOJ alleged that the restaurants were not physically accessible to individuals with disabilities, in violation of Title III of
Continue Reading Justice Department Obtains Civil Penalties and Retrofits From Three Manhattan Rosa Mexicano Restaurants for Alleged ADA Violations.

By Minh N. Vu

The Department of Justice’s (DOJ) deadline for hotels, health clubs, and other public accommodations to retrofit their existing pools and spas with either a pool lift or sloped entry ramp is January 31, 2013.  Under regulations the DOJ issued in 2010, all pools with less than 300 linear feet of wall must have either a pool
Continue Reading Businesses With Swimming Pools and Spas Work to Install Lifts by January 31, 2013

Photo of Splash! Lift courtesy of S.R. Smith.

By Minh N. Vu

In yet another installment of the pool lift saga that has gripped the lodging industry and other businesses with pools and spas these past five months, the Justice Department (DOJ) issued a new Q&A on May 24 that purports to clarify the obligation
Continue Reading Justice Department Issues New Technical Guidance for Pools and Spas