Tag Archives: State Law

by | July 15, 2015 · 11:10 am

Hospitality Industry Legal Update: “DOJ Releases Supplemental Guidance on Service Animals Under the Americans With Disabilities Act”

“Public accommodations and facilities covered by the ADA (including, but not limited to,those noted above) are well-advised to review the new guidance,Seal_of_the_United_States_Department_of_Justice.svg which provides practical insight into these and other thorny issues that frequently arise with regard to service animal access.”

With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions regarding service animals and the ADA.   This additional guidance is intended to be read in conjunction with the DOJ’s previous July 2011 technical assistance on Revised ADA Requirements: Service Animals, which remains in full effect.

The DOJ has stated that this additional guidance is meant to further assist people with disabilities as well as places of public accommodation covered by the ADA – such as retail shops, restaurants, hotels, medical facilities, theaters and event spaces, and other places open to the public – in understanding how the ADA’s service animal provisions apply to them. Among other topics, the additional guidance addresses in detail:

For more: http://bit.ly/1e0XPqP

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Filed under ADA, Hotel Industry, Training

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by | March 13, 2015 · 9:55 am

Hospitality Industry Legal Update: “Marijuana: An Emerging Coverage Risk”

The federal government has greeted legalization by the states with benevolent indifference. The Controlled Substance Act categorizes marijuana as contraband for any purpose,medical marijuana including medical use, designating it a Schedule 1 drug along with heroin and LSD. The manufacture, distribution, or possession of marijuana remains a federal crime for which, if prosecuted, state legalization laws cannot be used as a defense.

The emerging legal marijuana economy will see explosive growth in the coming years. Insurers should be prepared to adopt policies that spell out coverage for legally grown marijuana plants and medical marijuana property. The cannabis industry is expected to grow to nearly $15 billion over the next four years. In states where manufacture, sale and use is legal for recreational purposes, legalization will have a profound impact on not only personal lines insurance, but also commercial coverage, workers’ comp, product liability, healthcare insurance and more.

Currently, 27 states have either decriminalized or legalized marijuana use in some form. Four states: Alaska, Colorado, Oregon and Washington, and the District of Columbia allow recreational use. In addition, recreational marijuana initiatives are expected to appear on the 2016 ballots in Arizona, California, Maine, Massachusetts and Nevada. According to a recent Gallop poll, 51% of Americans now support full legalization. In 2014, Oregonians voted to legalize marijuana by a 56 to 44% margin. More Oregonians voted to legalize cannabis than voted to retain their incumbent Democratic governor or senator in the same election.

For more: http://bit.ly/1Mybsbq

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Filed under Crime, Hotel Industry, Insurance, Management And Ownership, Risk Management

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by | August 4, 2014 · 8:40 am

Hospitality Industry Liability Update: “If a Hotel Loses Your Bags Are They Responsible?”

“…Hotels are liable for employees who may commit a criminal act against a guest, but are not generally liable when that act is committed by another guest or guests. hotel_theft_istock This falls under the law that states that the hotel can’t be responsible for acts that are considered outside of the property’s control.  The exception would be if a hotel was aware of a potential problem, or previous issues, but didn’t take steps to insure guest safety…”

Have you ever arrived at your hotel only to find that your room is not yet ready?  Anyone who has traveled has had this experience.  What do most people do next?  They typically check their bags with the bellman and find a place to pass the time.  A call comes a few hours later to tell them that their room is ready, but their bag, the one they checked earlier, can’t be located.

For more: http://fxn.ws/1sm6Ptg

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Filed under Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Risk Management, Training

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