In the News
Hotels Sued For Violating ADA Online Reservation Policies
July 21, 2017
Practice Area:
ADA plaintiffs have often targeted the hotel industry and Theresa Brooke’s latest round of lawsuits is no different. This time, she is suing hotels over their online reservation policies.
The Department of Justice issued regulations relating to hotel reservation policies that went into effect in March 2012. 28 CFR § 26.302(e) provides that, among other things, hotels must:
- modify their policies and practices to allow individuals with disabilities the opportunity to reserve accessible rooms in the same manner as individuals who do not need accessible rooms;
- describe accessible features in the guest rooms so persons with disabilities can determine whether it meets their accessibility needs;
- ensure that accessible guest rooms are held for persons with disabilities until all other guest rooms of that type have been rented; and
- reserve, upon request, accessible guest rooms.
Theresa Brooke’s lawsuits allege that she was not able to reserve accessible rooms while using the defendant hotels’ online reservation platform.
It appears that, until now, only a handful of “online reservation” lawsuits have been filed by plaintiffs over the years. Mrs. Brooke’s lawsuits are unique because she is an Arizona resident filing suit against Denver-area hotels in the U.S. District Court of Arizona.
If she is successful in getting the federal court in Arizona to exercise jurisdiction over out-of-state hotels, it is possible that Theresa Brooke—who has sued more than 550 hotels over the last 24 months—could file suit against thousands of hotels across the country without ever leaving Arizona.
While the Arizona legislature recently enacted tough legislation in an attempt to curb serial ADA litigants, that legislation only affects litigants who are asserting claims under the Arizonans with Disabilities Act (AzDA). Theresa Brooke isn’t bringing AzDA claims; she is choosing to litigate in federal court under the ADA so she is beyond the reach of state law.
A hotel facing a Theresa Brooke lawsuit should do is consult with an experienced and knowledgeable ADA defense attorney. Jennings Strouss has defended dozens of hotels in ADA lawsuits and regularly advises the hospitality industry on ADA compliance measures.
About Jennings, Strouss & Salmon, P.L.C.
Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for 75 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm’s primary areas of practice include advertising and media law; agribusiness; automobile dealership law; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit and follow us on LinkedIn, Facebook, and Twitter.
Please note that this client alert has been prepared by Jennings, Strouss & Salmon, P.L.C. for informational purposes only. These materials do not constitute, and should not be considered, legal advice, and you are urged to consult with an attorney on your own specific legal matters. Transmission of the information contained in this client alert is not intended to create, and receipt by the reader does not constitute, an attorney-client relationship with Jennings, Strouss & Salmon or any of its individual attorneys.
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