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Re: A new type of ADA law suit


From: Steve Green
Date: May 20, 2019 4:22PM

Unfortunately not. Clause 12 (i) says "...ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as individuals who do not need accessible rooms", the key phrase being "in the same manner".


-----Original Message-----
From: WebAIM-Forum < <EMAIL REMOVED> > On Behalf Of Jiatyan Chen
Sent: 20 May 2019 22:46
To: WebAIM Discussion List < <EMAIL REMOVED> >
Subject: Re: [WebAIM] A new type of ADA law suit

> On 20 May 2019, at 04:24, Steve Green < <EMAIL REMOVED> > wrote:
> It is claiming that the website does not contain the necessary information about accessible rooms and features. As far as I can tell, this information is mandatory and it is not present on our client's website. What surprises me is that in all the discussions about ADA cases, I have never seen this requirement mentioned. I am also surprised that our client's US lawyers didn't tell them about it.


> The relevant section in ADA is 28 cfr section 36.302(e)(1), which says:
> Reservations made by places of lodging.
> A public accommodation that owns, leases (or leases to), or operates a
> place of lodging shall, with respect to reservations made by any
> means, including by telephone, in-person, or through a third party -

Thanks for pasting the ADA language. The way I read it, if the company includes a 24/7 phone line for reservation, and are able to convey all the accessibility information over the phone, they are complying by ADA requirements.

Jiatyan Chen