We previously warned the hotel industry of the inevitable
explosion of ADA website lawsuit filed against hotels. Well, that
time is here.
In 2020, we saw a surge of lawsuits filed against those in the
hotel industry, alleging the failure to comply with 28 C.F.R.
Section 36.302 (e) of the Americans with Disabilities Act (ADA),
which requires hotels to list their accessible features on their
websites as well as on the websites of online travel agencies
(OTAs) such as Travelocity, Orbitz, hotels.com, etc. We expect this
surge of lawsuits to continue well into 2021.
Whether you are national "flag" or the owner of a
small portfolio of hotels, the 2010 ADAS, C.F.R. Section 36.302 (e)
applies to your hotel properties and websites. This section of the
ADA has been effective since March 15, 2012 and requires hotels to
describe accessible features in hotels and guest rooms offered
through its reservations services in enough detail to reasonably
permit individuals with