ADA Defense

The Americans with Disabilities Act (“ADA”) was signed into law by President George H.W. Bush in 1990, and amended in 2010. It is a sweeping civil rights law designed to eliminate discrimination in providing goods and services to persons with disabilities. Although wellintentioned, the ADA has been exploited by some, to the aggravation of a great many. Understanding, preventing, and defending ADA claims and enforcement actions requires extensive experience in this unique area of the law.

Our firm has more than 13 years of experience in handling architectural and communication barriers, and operational activities under Title II (government entities) and Title III of the ADA, (public accommodations) for all manner of businesses, including hotels, restaurants, golf courses, spas, stadiums, banks, shopping centers, retail stores, wineries, sports arenas and race tracks, schools and office buildings, and other commercial facilities.

We have assisted more than 1,000 business owners and operators nationwide achieve enterprise-wide compliance with the ADA as well as compliance state and local disability codes. We have also successfully assisted and defended clients in Department of Justice (DOJ) proceedings. We have represented clients in compliance issues relating to more than 3,500 facilities across the nation and are the only firm in California on the Hilton Hotels Consent Decree list of approved providers.

Our ADA defense practice is recognized as one of the finest in the country. We have defended more than 750 ADA and related accessibility claims for clients whose businesses are classified under both Title II and Title III of the ADA, including Fortune 100 companies, world-class racetracks, wineries, REITs and financial institutions. Our clients include single-property familyowned businesses as well as companies with extensive real estate portfolios across the nation.

ADA COMPLIANCE PROGRAMS

We perform accessibility-compliance audits — including system-wide audits — that cover the 2010 ADA Standards for commercial facilities, including the following broad areas:

• Architectural barriers and accessibility elements in areas such as parking, paths of travel, restroom facilities, guest rooms and pool access
• Electronic and digital barriers to accessing websites, reservation systems, ATMs, electronic kiosks, event ticketing, and the evolving technology in these areas
• Communication and service barriers including the lack of auxiliary aids and services like Telecommunications Relay Services (TRS), speech outputs, banking products, closed captioning and Braille signage, or accommodating service animals
• Programmatic barriers that prevent disabled customers from full and equal access, services and accommodations, including inadequate policies, procedures and training programs for staff
• Barriers at the planning stage involving prototype compliance assessments that identify potential barriers including barriers to the “banks of the future”, e.g., virtual and online banks

We have working relationships with the nation’s best accessibility consultants, including California’s top Certified Access Specialists, and we can quickly analyze your property and every aspect of your business for accessibility issues, make cost-effective recommendations, and develop the best compliance or litigation strategy for your situation.

When an attorney directs your ADA audit and compliance program, you get the added benefit of attorney-client privilege. All information gathered about your properties, policies, and procedures remains confidential.

ADA LITIGATION DEFENSE

Our ADA team has significant experience in defending hundreds of ADA actions filed against businesses, including cases that have resulted in published decisions. We have successfully defended clients when Federal or California law does not support the allegations against them. Where violations exist and the plaintiff has standing, we advise our clients to address the access barriers and help them to settle cases expeditiously through negotiation or Alternative Dispute Resolution processes.

Because we often find ourselves across the table from the same advocacy groups and lawyers, we are familiar with their tactics and have developed effective litigation strategies. We do not reinvent the wheel nor conduct needless litigation. Our experience has given us a very clear understanding of the legal issues under the ADA and related state laws.

Our willingness to take cases to trial, and our knowledge of the procedural issues that are specific to class actions, help us achieve the best results for our
clients.

DEPARTMENT OF JUSTICE INVESTIGATIONS

The DOJ actively enforces the ADA, and our firm’s ADA Compliance and Defense team has represented national banking, retail and hospitality clients in investigations and dispute resolution across the United States, including negotiating Voluntary Compliance Agreements and Consent Decrees on their behalf.

Whether your facility is the subject of an individual property investigation by the DOJ Civil Rights Division, or one of the DOJ’s industry or area “sweeps” (e.g., the New York City Times Square Hotel Sweep Panel and the Manhattan Restaurants ADA Compliance Initiative) or are the subject of a brand-wide investigation, (e.g., Hilton Hotels), the DOJ takes these matters seriously and only experienced counsel should be engaged to assist. Our firm has successfully litigated or otherwise negotiated Consent Orders or Decrees with the DOJ to resolve the investigations and bring our clients’ properties into compliance.