Laws to Protect the Hotel Industry

AH&LA: Recent Lobbying Initiative

The American Hotel & Lodging Association (AH&LA) is a lobbying group which supports the interests of the hotel industry in congress as well as provides educational and professional resources for members. Networking is a critical aspect of surviving in hospitality and AH&LA offers numerous conferences throughout the year, during which its members can "exchange ideas, strategies, and contacts with industry leaders" as well as with one another ("Conventions and events," 2015). The AH&LA has supported a number of recent acts of legislation to protect the industry including the ADA Education and Reform Act of 2015, H.R. 3765.

According to the AH&LA, the ADA Education and Reform Act of 2015, H.R. 3765 addresses what it calls the "unseemly practice of 'drive-by' lawsuits ... by specifying clear, unambiguous rules for identifying and correcting ADA access violations before allowing litigation or a drawn-out settlement process" ("AH&LA applauds," 2015). The AH&LA states that it supports the ADA but does not think lawyers should abuse it and only "if a business fails to correct an identified violation following a notice and a defined period of time, then the right for seeking legal recourse still applies under the ADA" ("AH&LA applauds," 2015). This demonstrates how the AH&LA treads a delicate balance in its work as an advocacy organization. To take too strong a stand against the ADA would immediately be unpopular with restaurant consumers. On the other hand, small business owners in particular often find it challenging to comply with existing federal laws in regards to disability access and seek out less stringent compliance legislation to save both time and money and reduce legal risks.

According to the nonpartisan Congressional Research Service, the substance of ADA Education and Reform Act of 2015, H.R. 3765 "requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability" and "the program may include training for professionals to provide a guidance of remediation for potential violations of the Americans with Disabilities Act of 1990 (ADA)" ("Summaries," 2015). The impetus of the bill is to reduce the risk of legislative action for small businesses (such as individual in the hotel industry) for unintended infractions of the ADA. It is easy to see why the AH&LA would support this bill: keeping abreast of the various legal aspects of antidiscrimination legislation can be extremely challenging and a small or medium-sized business owner might find him or herself unintentionally liable. Not only can this result in costly litigation; it can also garner bad publicity for the business.

The proposed law also institutes specific protocols for violation notices. For example, "the notification must specify: (1) the address of property, (2) the specific ADA sections alleged to have been violated, (3) whether a request for assistance in removing an architectural barrier was made, and (4) whether the barrier was permanent or temporary" ("Summaries," 2015). These restrictions are intended to force accusers to present specific evidence and by making the process more difficult, reduce the attractiveness of pressing a case unless there is a clear transgression. The bill prohibits commencement of civil actions regarding barriers which are in violation of the ADA unless the owner is provided with a "written notice specific enough to identify the barrier" and the owner does not provide the complainant "with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description" ("Summaries," 2015).

Questions about disability access are always challenging to the industry because while regulations are always changing, hotels are not always able to alter their physical structure quickly. With this in mind, a number of lawyers have been capitalizing upon noncompliance with so-called 'drive by' litigation. "Often these lawsuits are brought by individuals who are not patrons of these establishments. Rather, they visit the establishment for the express purpose of finding a violation of the ADA and filing suit. These actions, known as 'drive-by' lawsuits, are on the rise and are costing the hotel, retail and restaurant industries millions of dollars per year" (Faubion 2013). When violations are found, businesses will often settle them out of court to avoid bad publicity and possibly even higher fines.