The ADA regulations currently contain no technical specifications for accessible hotel guest room beds. According to The U.S. Department of Justice (DOJ), travelers with mobility disabilities often complain that beds in many lodging facilities are too high for a transfer to and from a wheelchair. Other travelers with mobility disabilities have complained that the use of platform beds prevents them
Continue Reading Coming (Not So) Soon: ADA Proposed Rule For Beds In Accessible Hotel Rooms
Historical Restoration Project Not Exempt from ADA Accessibility Requirements
By John W. Egan
One common misconception about the design and construction requirements of the Americans with Disabilities Act (ADA) is that historical landmarks are exempt. Another is that the ADA does not apply when an element is merely replaced. A recent decision by a New Hampshire federal court dispels both of these notions.
At issue in Davis v. John
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Justice Department Requires Treatment Facilities to Adopt Policies For Accommodating Persons with HIV
In the past three weeks, the U.S. Department of Justice (DOJ) has announced settlements with three different health-service providers (of dentistry, pain management, eating-disorder treatment, and addiction treatment) concerning access to services for persons with HIV. The DOJ pursued each settlement under its Barrier-Free Health Care Initiative, designed to enforce health care providers’ and facilities’ compliance with
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Justice Department Obtains Civil Penalties and Retrofits From Three Manhattan Rosa Mexicano Restaurants for Alleged ADA Violations.
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
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Justice Department’s Disability Rights Section Gets a New Chief
After a long search, the Civil Rights Division of the Justice Department yesterday announced its new Chief of the Disability Rights Section (DRS), Rebecca Bond. Among other things, DRS is responsible for enforcing and issuing regulations under Title III of the ADA and enforcing the law. Ms. Bond was a Trial Attorney and a Deputy Chief of the Division’s Housing
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Businesses With Swimming Pools and Spas Work to Install Lifts by January 31, 2013
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
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Justice Department May Propose New Accessible Website Regulations as Early as July 2013
By Minh N. Vu
Title II Changes Come First: The Department of Justice (DOJ) recently announced a new July 2013 date for issuing a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulations that would address the obligations of state/local governments to make their websites accessible to and usable by individuals with disabilities. The DOJ stated that
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Justice Department Requires University to Adopt Extensive Measures for Students With Food Allergies
By Minh N. Vu
The U.S. Department of Justice (DOJ) recently announced a settlement with Lesley University requiring it to take comprehensive measures to accommodate the needs of students with food allergies. Under the agreement, the university must:
- Provide allergen and gluten-free food choices to students with food allergies at all dining venues;
- Allow students with food allergies to pre-order
Justice Department Joins Plaintiffs in Alleging ADA Violations by Law School Admission Council
The U.S. Department of Justice (DOJ) moved this week to intervene in a class action lawsuit brought against the administrators of the Law School Admission Test (LSAT), alleging “widespread and systemic deficiencies” in the way that testing accommodation requests are processed.
The underlying suit, which was initiated in April by the California Department of Fair Employment
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Businesses: Brace For an Onslaught of ADA Lawsuits Alleging Inaccessible Websites
By Minh N. Vu
For more than a decade, courts have struggled with the question of whether the ADA’s coverage of twelve “places of public accommodation” (e.g., places of lodging, entertainment, retailers, restaurants, service establishments) is limited to physical places, or whether they can be virtual. The answer to this question dictates whether virtual places, such as websites,
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