Tag Archives: Public Accommodations

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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Is Your ATM Machine A Lawsuit Waiting To Happen?

The 2010 Amendments to the ADA (and accompanying changes to the ADA’s design guidelines) require owners and operators of Automated Teller Machines (ATMs) to modify new and existing ATMs to improve access for the disabled. These mandated changes, which required compliance by March 15, 2012, have resulted in a rash of lawsuits across the country, including significant class action lawsuits in Texas and Pennsylvania. These lawsuits have largely targeted smaller financial institutions, including community banks and credit unions. ATM Accessibility Requirements Although the ADA has required ATMs to be “accessible” to the disabled since 1991, the 2010 Amendments provide new …


Federal Appeals Court Reinstates ADA Lawsuit Against Disney Over Segway Use

The Ninth Circuit Court of Appeals has reinstated a lawsuit against Walt Disney World Company that alleges the company violated the ADA by refusing to allow a theme park patron to use a “Segway.” The Plaintiff, who suffers from muscular dystrophy, claims that Disney unfairly discriminated against her when the company denied her request to use her Segway at Disneyland. The park’s policies allow patrons to use wheelchairs and motorized scooters, but prohibit two wheeled vehicles, which would include Segways. The California district court dismissed the Plaintiff’s claim finding that the use of a Segway was not a necessary accommodation …


DOJ Publishes ADA Technical Assistance Documents Concerning Persons with HIV and AIDS

The Department of Justice has released Technical Assistance Guidelines addressing Americans with Disabilities Act Requirements for Persons with HIV and AIDS.  This Document, entitled Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS, provides compliance information concerning both the ADA’s employment and “public accommodations” provisions.

Deadline Extended To Comply with Pool Lift Requirements

The Department of Justice has announced that the deadline for existing public pools (including hotel and motel pools) to install pool lifts has been extended from May 21, 2012 until January 31, 2013.  Notably, this extension applies only to existing pools.  New pools will need to provide a pool lift that satisfies ADA requirements immediately.  The DOJ has recently published an overview of these requirements to assist pool owners entitled “ADA 2010 Revised Requirements – Means of Entry and Exit.”