Monthly Archives: October 2012

Insurance and ADA Public Accommodations Claims

Navigating common insurance issues for claims under Title III of the ADA Title III of the Americans with Disabilities Act (ADA) requires that businesses which offer goods and services to the public (i.e. “public accommodations”) take steps to ensure that their facilities are accessible to individuals with disabilities.  In addition to the ADA’s general accessibility mandate, its governing regulations provide detailed requirements for businesses that range from the minimum number of accessible parking spaces to the height of mirrors and toilets in restrooms.  The failure to comply with these guidelines can lead to lawsuits in federal court.  If you follow …

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Netflix Settles Massachusetts ADA Lawsuit: What It Means for Online Businesses

If you follow this blog you know that we’ve spent a fair amount of ink covering the recent ADA lawsuits brought against Netflix.  These cases (one brought in Massachusetts federal court and another in California federal court) allege that the company violated the ADA by failing to offer “closed captioning” options for all its Internet streamed movies.  The results have been a split decision for Netflix.  The Massachusetts court held (without deciding liability) that Netflix Internet-streamed movies constituted a public accommodation that must comply with the requirements of the ADA.  The California court reached the opposite conclusion and dismissed that …

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ADA Checklist for Pool Lifts

The ADA’s Deadline for Installing Pool Lifts is January 1, 2013! It is now past Labor Day and if you are a hotel or motel owner outside of the warmer climates, you are likely running through your checklist to prepare your swimming pools for winter. This year you will need to add “ADA Compliance” to your list of annual checks. As of January 1, 2013, swimming pools that are public accommodations (e.g. pools that can be used by the public or by hotel/motel guests) must ensure accessible means of entry for the disabled. Unless your pool has permissible sloped entries …

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