The ADA: Titles II and III

He Said / She Said: A Conversation About The ADA’s Applicability To The Amusement Industry

I was very happy to engage in a "he said/she said" with attorney Erik Beard.  Erik has a lot of experience with, and knowledge of, the amusement park industry, which was greatly impacted by the the ADA's 2008 amendments and 2010 standards. 

Erik is a litigator based in Hartford, Connecticut with the law firm of Wiggin & Dana LLP. He is active in the amusement industry both regionally and nationally, and, before becoming a lawyer, worked for Cedar Fair Entertainment Company and Universal Orlando in Ride Operations management for about ten years.  He has spoken and written about numerous amusement industry legal issues and writes a blog specifically focused on the topic, The Legal Roller Coaster.

Thank you, Erik, for the opportunity to learn more about amusement parks and their relationship with the ADA.  In light of the expanding ADA, coupled with the unique nature of amusement park rides and attractions, this relationship is unique.  Erik is at the forefront of this often-untested area of law. 

See our back-and-forth here:  He Said/She Said: A Conversation About The ADA's Applicability to the Amusement Industry.

 

ADA Weekly Tip for: Businesses

The succinct version of this week’s tip: compliance with the Americans with Disabilities Act (ADA) is not delegable.  You are responsible for compliance whether you lease your store or office, whether you are a landlord or tenant.  You are responsible whether you employ an architect or design firm to remodel or make renovations, even if the architect or design firm states it will ensure ADA compliance. 

In two cases, hotels were held liable for ADA violations despite relying upon architects and design firms that included “ADA compliance” as part of their contract with the construction and, or, renovations.  See Professor and Attorney William Goren’s blog for a great post of the nondelegable duty to comply with the ADA, and how this was a very costly lesson for one hotel. Also, see the ADA.gov's brief regarding a hotel that tried to delegate its duty to comply with the ADA.

Compliance with the ADA is not a duty that you can delegate to someone else.  Know your responsibilities in your role (lessor, lessee; landlord, tenant; architect, client, etc.) and have a plan for compliance.

Ruth Colker Blog

Ruth Colker is one of the most respected experts in disability law.  As Distinguished University Professor and Heck-Faust Memorial Chair in Constitutional Law at The Ohio State University, Professor Colker has a distinguished career in civil rights law, notably the Americans with Disabilities Act (ADA).  Her blog will certainly be followed by those with an interest in the ADA.