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ADA Swimming Pool and Spa Litigation Against Hotels is New Tennessee Tempest
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ADA Swimming Pool and Spa Litigation Against Hotels is New Tennessee Tempest

11.07.13
Hospitality insiders have been bracing for a wave of ADA swimming pool and spa litigation. January 31, 2013 was the deadline for implementing a federal law requiring lifts and other ADA compliance for pools and spas at hotels. Earlier this year, industry trade sites reported the first surge of litigation.

We learned today that the storm has hit Tennessee. Conjures up the Doors' famous tune:

Riders on the storm
Into this house we're born
Into this world we're thrown
Like a dog without a bone
An actor out alone
Riders on the storm
 

The plaintiff in the Tennessee litigation, Dana Bowman, is represented by Eric G. Calhoun, of Dallas, Texas, an attorney that has filed lawsuits against hotels for Mr. Bowman in several states. The complaint alleges that Mr. Bowman is a disabled veteran, that the hotel does not have a lift for its pool or spa, and requests an injunction requiring the hotel to install a lift or otherwise comply with ADA. The lawsuit also seeks payment of legal fees from the hotel.

We encourage hotel owners and operators to examine ADA accessibility at pools and spas and seriously consider implementing basic measures to accommodate access. With the hammer of legal fess in the federal law, ignoring the new law is potentially more expensive than purchasing lifts.

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