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Open in new tab ADA Compliance in the Hospitality Industry: Providing Accessibility for All
Introduction
Each year thousands of Americans embark on a variety of leisure and business-related trips across the country and can do so without giving much thought besides what they need to pack, what their itinerary entails, or what the weather will be like. However, for those with disabilities, it can be a much more complicated process that requires more consideration than just the weather. According to the CDC, more than 60 million adults live with some type of disability in the United States. Of those disabilities, 13.7% involve mobility issues surrounding difficulty walking or use of a wheelchair. Unfortunately, those with disabilities often face discrimination by not being able to properly access or enjoy the same amenities because of physical barriers. By the year 2030, over 70 million Baby Boomers will be over the age of 65 and may require additional products, services, or environments that address their age-related physical changes. The hospitality industry has a duty to be available and accessible to all despite any additional requirements or extra assistance someone may need. Regulations involving the physical design and construction of these hospitality venues must be followed and enforced to provide equal opportunities for everyone. This paper will offer a thorough analysis of the legal regulations passed that protect the rights of the disabled community and how it relates to the hospitality industry. It is divided into five sections that cover the following: an overview of the ADA law, a review of the specific requirements for hotel properties with references to cases pertaining to these issues, disabilities other than those associated with mobility issues, the ongoing battle between preserving historic properties and providing accessibility and finally, recommendations for hotel managers and how they can ensure their properties are accessible to all.
The Law: Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was passed in 1990 by President George
H.W. Bush to specifically address the obstacles those with disabilities were facing in the country. The ADA is a civil rights legislation that prohibits the discrimination based on a disability. It was created to ensure that people with disabilities receive all the same opportunities as everyone else, including employment opportunities, purchasing of goods and services, as well as the ability to physically access public facilities including transportation. The ADA recognizes that disabilities do not only encompass those with mobility issues but also acknowledges those with disabilities involving cognition, vision, and hearing. It defines a disability as “a physical or mental impairment that substantially limits one or more major life activities.” Over the years, the ADA legislation has been amended to adapt to the new technologies and advancements as well as the changing needs of those with disabilities. An amendment to the legislation known as the ADA Amendments Act of 2008 was passed into law in which the government broadened the definition of “disability.” It also expanded on what constitutes as “major life activities” to include, “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working, as well as the operation of several specified major bodily functions.” The United States Department of Justice (DOJ) regulates and enforces the ADA on a federal and state level. In addition to the DOJ, there are other agencies able to enforce the compliance of ADA such as The Department of Labor, The Equal Employment Opportunity Commission, The Department of Transportation, and the Federal Communications Commission. When violations occur, individuals or entities may file a claim against the offending establishment or person. These cases can be addressed at the local government level or be brought to federal court if necessary.
The Americans with Disabilities Act consists of three sections or “titles” that address different areas of equal opportunities. Title I protects those with disabilities from discrimination regarding employment and job application procedures. Title II is regarding the nondiscrimination in State and local government level. This includes local school districts, public transportation, public or government assisted housing and any other state or local government services or facilities. Title III prohibits disability discrimination from all public accommodations and commercial facilities. This extends to anyone who owns, leases, or operates a place of public accommodation. Public accommodations include places of lodging, restaurants, recreation, spas, theaters, galleries, night clubs and retail stores. Title III applies to both new construction buildings as well as existing structures. All businesses that serve the public must provide equal opportunity for customers with disabilities.
Providing Accessibility in the Hospitality Industry
Because the hospitality industry falls primarily under the Title III restrictions, it has the responsibility to provide “full and equal enjoyment of all goods, services, facilities, privileges, advantages and accommodations.” This encompasses not only the physical ability to enter or use a facility but also being able to partake in the same recreational activities or business-related tasks as everyone, such as sharing a drink at a bar with a friend, checking into a hotel, enjoying a meal with family in a dining facility or working in a large office environment. The physical design and construction of a hospitality establishment is the predominant area of focus when it comes to providing accessibility. The ADA Standards for Accessible Design are found under Titles II and III of the ADA and include detailed requirements regarding new construction, alterations, program accessibility and barrier removal. Providing proper entrance ramps, door clearances, and accessible restrooms are just a few basic examples of ways a building can be compliant. The ADA Standards were first included in the original 1990 passing of the regulation. The most current set of enforceable regulations are the 2010 ADA Standards of Accessible Design. The Standards state that any building built after 1992, must be accessible and usable by everyone. If an older building built prior to 1992 undergoes any type of renovation, the entire facility must be brought up to ADA compliance even if it was not an area initially being renovated.
When dealing with the construction of a new building, it is required that the owner, operator, architect, designer, and entire construction team adhere to the ADA Standards to make the building accessible. This is the best opportunity to plan for accessibility and avoid architectural barriers that people with disabilities typically face in older buildings. It is important to consider not just those with mobility disabilities but also those with vision impairments, hearing disabilities and even those with limited dexterity or grasping ability. Some examples of accessible requirements in a new building are: accessible parking sports, accessible sales and service counters, accessible public restrooms, accessible routes and accessible recreational spaces. If a new building is not constructed to be ADA accessible, the owner and operator of the establishment are opening themselves up to lawsuits and claims for discrimination against disabled people. In United States v. Days Inn of America, the government brought a lawsuit against the owner, operator, and brand of a Days Inn hotel for violating the ADA compliance requirements of the newly constructed structure in Champaign, Illinois. Days Inn entered into a licensing agreement with Panchel & Patel Inc. for the construction of the new hotel. The licensing agreement requires the licensee to obtain approval from Days Inn of America to begin any construction and to involve them in the design and construction process so that they may review and comment on the individual plans. Days Inn requires all their properties to be ADA accessible and details the minimum requirements in their Planning and Design Standards manual. All licensees must receive corporate approval of all plans to ascertain initial compliance with Days Inn standards. Despite consistent involvement from all parties during the planning and construction process, which included thorough reviews of the drawings and several onsite inspections of the building, the hotel still had multiple violations of ADA. The courts found that because Days Inn of America was involved in the review, they were still liable for the violations.
Accessibility in Hotel Guestrooms and Public Areas
ADA accessibility in lodging accommodations encompasses not only the public areas such as lobbies, bars, and meetings spaces, but also the guestroom itself. The ADA Standards provides a detailed list of requirements for a hotel guestroom to be considered compliant. It is required for the hotel to have a specific number of ADA compliant rooms and an equal disbursement of ADA rooms across the various room types such as suites. In the ADA rooms, the main requirement is to have an accessible bathroom complete with either a roll in shower or accessible tub with ADA seat. In the shower itself, plumbing fixtures and safety grab bars must be installed at specific heights and locations so that a disabled person can access them and be able to transfer themselves in and out successfully either alone or with assistance. Various other clearances, such as a 60” turning diameter of clear floor space, must be provided in the restroom to allow for a wheelchair to move about the space and to permit the guest to use each restroom function. 12 There are also specific ADA requirements surrounding the toilet height as well as clearance under the vanity sink. In the bedroom portion, the remaining furniture in the space should allow for ease of mobility throughout the path of travel within the room and should provide sufficient clearances to access all elements.13 Overall, the guestroom experience should be the same as for someone with no disability. The design and construction of the guestroom is required to allow the guest the same access to amenities so that there is no feeling of a lesser quality room.
Before entering the guestroom, the guest needs to travel through the initial hotel check in procedures. Every step of the way needs to be accessible, from accessing the entry through a ramp, to going through the main entrance doors with proper clearance and moving through the accessible route with no barriers to get to the hotel reception. ADA Standards require all sales and service counters to be accessible. This requires there to be a lower counter at 34” separate from the main transaction counter as well as providing appropriate knee clearance under any surface top for a wheelchair to be able to roll under from either a front or a side approach. In addition to the hotel reception, accessibility must be provided throughout all public areas including lobby lounges, restaurants, and bars. Providing access to all types of gathering areas including lounge seating, dining and bar tops is detailed in the ADA Standards. A bar at a restaurant or lobby lounge must have an accessible counter at a specific lowered height so a person in a wheelchair may be able to sit and enjoy among everyone else.15 Other examples of areas in public accommodations that must be accessible include swimming pools, spas, and public restrooms.
If a hotel or lodging establishment fails to be accessible, the potential for lawsuits is strongly probable. An example of one such lawsuit is Access 4 All, Inc. and Peter Spalluto v. The Atlantic Hotel Condominium Association, Inc. and Luxury Resorts International, Inc. In this case, the defendant, Peter Spalluto was represented by Access 4 All, a nonprofit organization that represents the disabled community and is comprised of people with disabilities. Together, they filed a lawsuit against the Atlantic Hotel Condominium Association for failing to eliminate physical barriers throughout their property and restaurant. They claimed the defendants violated the Title III of the ADA that specifically requires all public accommodations to be accessible to all. The Atlantic Hotel Condominium is a hybrid hotel and condo association with rental units. Its common areas, such as the lobby, parking, pool and elevators, are shared by both hotel guests and residence owners. Spalluto, who is a quadriplegic and uses a wheelchair, was visiting the hotel’s restaurant and had rented a room for the evening. During his stay at the restaurant and the hotel, he experienced multiple barriers that prohibited him from enjoying the facilities due to his disability. At the start, there are only two public entrances to the hotel, only one is accessible which is the main circular driveway entrance at the lobby. There was not a secondary accessible entrance and the means of egress to reach the emergency fire exits were not accessible. Spalluto requested a two-bedroom unit at the time of his reservation. There is only one two-bedroom unit in the property, and it is not ADA accessible. There was not an appropriate disbursement of ADA rooms among all room types in the hotel. According to the ADA, for every unique room type in a hotel provided, there must be one ADA version of that room type available. Because the two-bedroom unit was not ADA compliant, he could not use the bathroom or shower. He was also unable to access the balcony terrace due to the construction of the sliding doors prohibiting him from crossing over the threshold. Additionally, the reception check in desk, restaurant bar and pool bar all had countertops that exceeded ADA heights which prohibited Spalluto from using them without separate assistance. At the conclusion of the case, the Courts ruled in favor of the plaintiffs and required the Atlantic Hotel Condominium Association to address all the barrier and ADA compliance issues at the property.
Accessibility for Non-mobility Related Disabilities
The Americans with Disability Act also advocates for those with disabilities other than mobility related conditions and the hospitality industry must provide access to those with disabilities of all types. The vision and hearing impaired are also protected under the regulation and require their own accommodations. Individuals who are blind use their sense of touch to access information. They may need the assistance of braille to read any written signs. Those who have low vision may request close vision interpreters, large print materials, or assistive listening devices.17 The ADA also has specifications requiring a high contrast between lettering and backgrounds as well as braille lettering on all hotel room signage and wayfinding signs to aid those with vision impairments. Auditory and spoken information needs to be accessible to people whose disabilities affect communication, including people who are Deaf or hard of hearing.
Individuals who have difficulty hearing rely on their vision to access auditory information, and may require the use of captions, Communication Access Realtime Translation (CART), and sign language interpretation. 18 The use of a visual alarm system, such as strobe lighting in fire alarms, is required throughout all common areas and guestrooms for this reason. Some other examples of auxiliary aids and services for deaf people include telephones compatible with hearing aids, text telephone devices, and closed captioning on all TV’s and video displays.
ADA vs Historic Buildings: Preserving America’s History
The easiest and most opportune time to incorporate barrier free design and ADA requirements is when dealing with new construction of a building. However, because the ADA did not pass into law until 1990, there are many buildings still standing today that were built prior to the establishment of this regulation and therefore, are not accessible. There are many misconceptions as to whether alterations to historic or older properties are required to comply with the ADA, and if so, to what extent. Despite the age of the building, it is still required that all facilities that fall under Title II and III of the ADA eliminate all architectural and communication barriers where removal is readily achievable. 20 There is no “grandfather clause” that excuses an older building from meeting these standards. Alterations must comply with the ADA Standards unless it is technically infeasible to do so. Something is technically infeasible only if it would require removing or altering a load-bearing member that is an essential part of the structural frame, or because other physical constraints prevent modification or addition of features to comply with the ADAAG requirements.21 The ADA recognizes that not all specifications will be able to be incorporated into an existing historic building, which is why they provide a list of minimum requirements. Some of the minimum requirements include: providing a minimum of one accessible route from the site to an accessible entry, at least one accessible entry shall be provided, if toilets are provided, at least one toilet on an accessible route must be provided (a single unisex restroom may be used.), an accessible route shall be provided to all public spaces at the level of the entry, and displays and written information must be viewable by a seated person, including horizontal displays at 44″ maximum.
Older cities across America, such as Boston, Massachusetts, that were built in the seventeenth century, are home to many historical landmarks that are preserved and protected. In Robert Engel’s law review article titled, “The Americans with Disabilities Act and its Effect on Historical Preservation and Public Transportation,” he dives into the ongoing battle between the historic preservation societies and the ADA regulations. A large area of concern to the preservation community is how to provide accessibility in historic properties without compromising or destroying the historic significance of a feature of the building. These buildings are protected by the National Historic Preservation Act that was enacted by the National Park Service. The mandate requires that if any renovation or rehabilitation work is to be done to meet compliance, it must be done while still retaining the property’s historic character. There is one exception that the ADA Standards provides for the very rare occasion when pertaining to National Historic Landmark properties. It states, “…in the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration…, the alteration shall provide the maximum physical accessibility feasible.” The same minimum requirements described in the previous paragraph would apply to the historic buildings as well. Robert Engel continues in his article to describe how the ambiguous language regarding the application of ADA to historic properties has led to organizations interpreting the regulations in favor of preserving the architecture of a building and not necessarily prioritize the accessibility requirement. Because of this, the courts established the “Colorado Cross test” based on the case Colorado Cross Disability Coalition v Herman Family Ltd. In this case, the plaintiff was paralyzed from the chest down and required the use of a wheelchair. The plaintiff filed a suit to add four ramps to a historical block of Larimer Square in Denver, CO. To resolve the conflicts between disability rights and historical preservation, the Tenth Circuit created the Colorado Cross test. It requires that when a plaintiff brings a cause of action against a historical site for failure to meet ADA requirements, they have the responsibility to establish that the barriers preventing accessibility exist and that the method of removal of the barriers is readily available. The Tenth Circuit declared that each case should be ruled on the unique facts presented by the barrier and the historical landmark presented in the case. This precedent is still used today as reference to determine other cases involving historic properties.
Recommendations for Hotel Managers
The American Hotel and Lodging Association supports the protection of the rights of those with disabilities by ensuring that hotels are compliant. They have championed for the disabled community and have worked with hundreds of lodging establishments to ensure that their properties are compliant. As a manager of a hotel, it is imperative that the property is ADA compliant in all areas. Conferring with a third-party ADA consultant to conduct a survey of the property is a great starting point to assess if the property meets the requirements. Being proactive and addressing any concerns instead of waiting for a claim or suit to be filed is recommended. As a manager of a hotel, it is important to also be up to date on any amendments or changes to the law. While a formal legal amendment may not be passed every year, there are still ongoing changes as the world adapts to the new advancements. Participating in conferences or conventions surrounding ADA accessibilities and new technologies is one way a hotel manager can stay current on the issues. The ADA National Network is a great resource that provides hotel managers access to information regarding operations, employment, and training. They have also set up ten regional ADA Centers throughout the United States that host events that promote furthering education and protocols regarding ADA accessibility in the hospitality industry.26 Training all staff to know about all the features in an ADA guestroom and how to work any ADA components such as a pool lift, electronic ramps or TTY devices is a considerable way to ensure that a guest can receive the same level of service as anyone else. The American Hotel and Lodging Association also provides programs to help educate managers and team members on how to better serve those with disabilities.
Conclusion
In summary, the Americans with Disability Act, although officially passed only thirty years ago, has shed light on a major crisis in our country that has existed for well over 100 years. It has been an instrumental piece of legislation in providing accessibility and inclusion to the disabled community. The hospitality industry has the responsibility and duty to be accessible to everyone, regardless of any disabilities or impairments. By providing properly designed environments that follow the ADA regulations, these establishments can be enjoyed by all.
Works Cited
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EEOC (2008). “Americans with Disabilities Act Amendments Act of 2008, PL 110-325 (S 3406)”. eeoc.gov
Endelman. “Historic Buildings and the ADA.” https://www.endelman.com/our-practice/best- practices/historic-buildings-and-ada.
Engel, Robert M. (2013). NOTE: The Americans with Disabilities Act and its Effect on Historical Preservation and Public Transportation. Health & Biomedical Law Society, 9, 297. https://advance-lexis-com.ezproxy.fiu.edu/api/document?collection=analytical- materials&id=urn:contentItem:58VX-GKT0-0240-Y08D-00000-00&context=1516831
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Kailes, June Isaacson, and Darrell Jones. “A Guide to Planning Accessible Meetings.” 1993. Accessed December 2020. https://www.adahospitality.org/accessible-meetings-events- conferences-guide/book.
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United States. Department of Justice. Civil Rights Division. 2010 ADA Standards for Accessible Design. 2010. § 608 Shower Compartments
— § 304.31 Turning Circular Space
— § 36.403 Alterations: Path of travel.
— § 904.4 Sales and Service Counters
— § 206.2.5 Restaurants and Cafeterias
— § 36.405 Alterations: Historic preservation
— § 36.402 Alterations: To the maximum extent feasible