ADA Compliance

The goal of the Americans with Disabilities Act and similar state laws is to remove deliberate and unintentional barriers that prevent persons with disabilities from participating in community life. All places of public accommodation--such as hotels, restaurants, movie theaters, stadiums, and department stores--must make their facilities safe and readily accessible to persons with disabilities. This is also true of facilities or services operated by state and local governments. Newer buildings and facilities must meet strict architectural requirements designed to provide safe and equal access to persons with disabilities. Many older buildings must be similarly modified, and all accessible features must be regularly maintained and serviced. Additionally, companies must make reasonable modifications to policies, practices and procedures to ensure effective access.

Although the Americans with Disabilities Act has mandated that businesses provide access through architectural and policy modifications since 1992, many companies have resisted or have made only minimal efforts to comply. As a result, people with disabilities continue to be excluded and, in many cases, are injured when they attempt to use the services or facilities others take for granted. Hersh & Hersh represents individuals with disabilities who have been physically injured by the failure of a business, agency or organization to bring its facilities into compliance with disability access laws. If you or a loved one has been injured due to ADA non-compliance, please contact us.

Related News

Hersh & Hersh Settles Case Against La Quinta Inns For Faulty Disability Access; Guest Requires Permanent Wheelchair Use When Shower Seat Collapses

January 18, 2005

Hersh & Hersh settled the suit it filed against the national hotel chain La Quinta Inns on behalf of Helen Lennon, who became permanently disabled when the shower seat in her hotel room suddenly collapsed while she was sitting on it taking a shower, causing irreparable injuries to her right leg. Prior to the fall at La Quinta, Ms. Lennon, whose left leg had been amputated due to cancer had been able to walk with the aid of a prosthesis and using her functioning right leg and lived a full and independent life. As a result of the injuries to her right leg, she can no longer walk and will be wheelchair bound for the rest of her life. The terms of the settlement are confidential.

Hersh & Hersh Sues La Quinta Inns for Faulty Disability Access; Guest Becomes Permanent Wheelchair User When Shower Seat Collapses

Case Shines Spotlight on Inadequate Disability Accommodations in Travel Industry September 22, 2004

San Francisco consumer rights law firm Hersh & Hersh today announced that it filed a lawsuit on September 20, 2004 in San Mateo County Superior Court against the national hotel chain La Quinta Inns on behalf of its client, Helen Lennon, who was permanently disabled after the shower seat in her hotel room suddenly collapsed while she was sitting on it taking a shower, and she suffered irreparable injuries to her functioning right leg.

In 2001 Lennon had her left leg amputated due to cancer, but was able to walk with the aid of prosthesis and live an independent, quality life. While in San Francisco visiting friends in September 2002, she reserved a disabled access room at the La Quinta Inn San Francisco Airport. At the time, La Quinta Inn had advertised that its facilities had been upgraded and were up to code with current disability access standards.

Hersh & Hersh's lawsuit against San Antonio-based La Quinta Inns alleges that the hotel violated the American Disabilities Act (ADA), and claims violations of the Disabled Persons Act and the Unruh Civil Rights Act by failing to provide or maintain disability access features in Lennon's guest room, which was billed as accessible to people with disabilities. La Quinta has admitted negligence in installing and maintaining the shower seat but has refused to pay for basic modifications to Lennon's home so that she can regain the independence she had before the accident. Lennon, who used to travel, swim and cook, now relies heavily on her husband who had to leave his job to care for her full time.

Under the American Disabilities Act hotels, motels, inns and other guest lodgings designed or constructed after January 26, 1993, must be usable by persons with disabilities. The point-by-point ADA hotel checklist asks, "Do the roll-in showers have a securely fastened folding seat at 17-19 inches above the floor onto which persons who use wheelchairs may transfer to shower? [ADA Standards 4.21.3]," and requires regular maintenance of accessible features in order to keep them in operable working condition. Yet La Quinta failed to securely fasten the folding shower seat to the shower wall and has admitted that it has no logs indicating maintenance of the shower seat. As a result Lennon fell to the floor when the shower seat dislodged from the wall, injuring her head, back and right knee. Prior to the incident, Lennon occasionally used a wheelchair but was able to walk and function independently with a prosthesis. The severe injury to her right knee is permanent and she now relies almost exclusively on a wheelchair for mobility, and requires round-the-clock assistance to perform basic daily functions.

"After the amputation of her leg, Mrs. Lennon worked hard to learn to use a prosthesis in order to maintain as normal a life as possible," said attorney Charles Kelly of Hersh & Hersh. "La Quinta's gross negligence took away her independence and the hotel chain's refusal to pay for basic modifications to adapt her home for wheelchair access is tantamount to a refusal to give Mrs. Lennon back her independence."

Disabled Travelers Must Watch Out for Dubious Advertisements of Disabled Access Accommodations

While much progress has been made in recent years to accommodate disabled travelers, many hotels and motels still misrepresent the accessibility and safety of their facilities. According to Global Access, a travel network for disabled travelers, "Few things can prove more disappointing or challenging for a disabled traveler than discovering that an allegedly accessible hotel room is anything but. Unfortunately, all too few lodgings have any real idea of what accessibility means, and while the United States is, no doubt, the leader in the access movement, the ADA does still not guarantee that transportation and lodgings will adhere to its requirements. Since businesses often claim that the law is vague, the interpretation of the ADA is constantly being interpreted in court."

Although the widespread belief is that the court systems are flooded with ADA cases, the ADA has, in fact, prosecuted only 650 cases nationwide in the past five years. When compared to the nation's six million businesses, 666,000 public and private employers and 80,000 units of state and local government that must comply, this number is relatively small.

"Disabled travelers must assert their rights to ensure that airports, airlines and hotels make disabled access provisions that are truly accessible and safe," added Kelly. In August of 2003 Kelly won a lawsuit against Los Gatos Motor Inn that raised the visibility of hotel safety for women travelers by speaking out about a sexual assault case against the motel when it had failed to provide the necessary security devices for its rooms.