Articles Posted in CASp

ADA Hotel Lawyers: California opens door to more ADA litigation, but also offers protection to the well-informed

Published on: September 30, 2009 | by Martin H. Orlick

ADA Lawyer Update: California Supreme Court decision likely to fuel increased ADA litigation, but the Certified Access Specialists program (CASp) offers some protection

A step backward

In a decision that is likely to lead to more lawsuits filed under the Americans with Disabilities Act (ADA) and California’s disabled access laws, the California Supreme Court unanimously ruled on June 12, 2009 that plaintiffs do not have to prove “intentional discrimination” to recover the $4,000 minimum statutory damages provided, per occurrence, under California’s Unruh Civil Rights Act.

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Martin H. Orlick

Martin H. OrlickMarty Orlick is the Chair of the ADA Compliance & Defense Group at Jeffer Mangels & Mitchell LLP, and a partner in JMM's Real Estate Department. Marty and his team of lawyers have represented more than 600 businesses in ADA issues – helping them comply with the ADA, defending them in litigation, and representing them in Department of Justice investigations. His clients include a full range of businesses classified as "places of accommodation" under the ADA, including hotels, banks, restaurants, retailers and shopping centers. Marty is a member of the American College of Real Estate Lawyers (ACREL) and a is frequent speaker and author on the ADA. Contact Marty Orlick at 415.984.9667 or MOrlick@jeffer.com

Stuart K. Tubis

Stuart K. Tubis Stuart Tubis is a lawyer at Jeffer Mangels & Mitchell LLP and a member of JMM's ADA Compliance & Defense Group. Stu counsels businesses on the full spectrum of ADA compliance issues and represents their interests in civil litigation and Department of Justice investigations. Stuart has a background in technology, which helps in resolving the growing area of website accessibility issues. Contact Stu Tubis at 415.984.9622 or STubis@jeffer.com

Christopher Whang

Christopher Whang Christopher Whang is an associate representing clients in a wide range of litigation matters, particularly Americans with Disabilities Act claims. He has extensive experience in the full spectrum of litigation, including pre-lawsuit investigations, drafting pleadings, conducting discovery, taking and defending depositions, performing legal research, motion practice, and client interaction. Contact Christopher Whang at 415.984.9624 or CWhang@jeffer.com