Tell Congress you oppose DOJ pool lift ruling - AH&LA

ADA ruling hurts the lodging industry

ADA ruling hurts the lodging industry
Hoteliers urged to share devastating effects for business

Wednesday, AH&LA met with the Department of Justice (DOJ), and they reiterated their harsh and unyielding interpretation that all pools and nearly all spas need to have at least one means of entry by March 15, 2012, and in most cases this will be a costly permanently fixed lift.

DOJ officials refused to consider AH&LA’s concerns that the ADA rules are vague and overbroad, leading to great confusion. Nor did DOJ consider our industry’s concern regarding the possibility that a permanent lift not in operation might pose a safety concern for children and other guests, or the inability to obtain and properly install lifts by the March 15 deadline.

Contact Congress today and express your opposition to this hard line approach taken by DOJ.

Key questions answered by DOJ Wednesday include:

All lifts must be fixed or attached to a deck at all times the pool is open to guests. A portable lift is not acceptable unless it can also be fixed to the deck with clamps, screws, or bolts.
Properties that have already purchased portable lifts will need to find a way to secure the lift to the deck or purchase a new lift that can be fixed.
DOJ expects lifts at all pools and most spas to be in place by March 15, or when the pool/spa is opened.
Lifts cannot be shared between pools.
A lift must be installed if it is readily achievable.
External factors such as insurance rates, child safety, hiring additional staff to monitor safe usage and/or maintain the operation of the lift cannot be factors in determining excessive cost.

AH&LA is working with our ADA Counsel to assess a legal response. Additional information will be forthcoming. To view a detailed account of yesterday’s meeting, visit AH&LA’s Website (member login required).

For more information, contact Kevin Maher, AH&LA vice president for governmental affairs, at kmaher@ahla.com or (202) 289-3147.

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