Booking hotels can be incredibly challenging to navigate for individuals with disabilities, a reality that many like Julie Reiskin, aged 58, have faced. When Reiskin attempted to reserve an accessible room in Chicago, she found one without a roll-in shower, and in D.C., the bed was too high. During her travels, She has often found herself in situations where she had to forgo bathing for extended periods and even had to sleep in her motorized wheelchair.

This struggle is not unique to Reiskin; many others with disabilities regularly encounter issues when staying in hotels and attempting to utilize their facilities. However, for most of them, pursuing legal action against these problems is not practical due to limitations in resources and time. Despite the existence of the Americans With Disabilities Act (ADA) for several decades, a comprehensive civil rights law mandating accessibility in public spaces, barriers to accessibility persist and are still widespread.

Reiskin, along with others, has taken on the role of “testers” in addressing these issues. Testers investigate accessibility concerns and may commence legal proceedings to prevent others from encountering the same hurdles. The role of testers is at the center of a case currently before the Supreme Court, involving Deborah Laufer, a tester who claims that a small Maine hotel discriminated against her by failing to include required accessibility information on its website. The hotel’s defense contends that Laufer does not have a valid basis for a lawsuit because she had no intention of staying at the hotel in the first place.

Organizations like the U.S. Chamber of Commerce argue that ADA lawsuits impose a strain on small businesses and the judicial system. Although the Supreme Court might dismiss the case due to intricate legal considerations, it has sparked a conversation about the enforcement of disability civil rights and the enduring difficulties encountered by individuals with disabilities when searching for accessible lodging while traveling.

For many, booking a hotel room is an unsettling task. Reiskin, who has also worked as a tester, recalls staying in only a few hotels where she could board an airport shuttle. She acknowledges that pursuing individual lawsuits against each of these hotels would be unfeasible and underscores the importance of implementing a systemic approach to tackle these problems.

Simply requesting accommodations does not typically yield satisfactory results, as Yvette Pegues, a wheelchair user, explains. Pegues has encountered issues such as narrow bathroom entrances,  unreachable air conditioning units in hotels and high beds. While she attempts to communicate with business owners and at times sends letters describing the barriers, most businesses do not make the necessary changes based on this feedback.

Advocates note that many businesses tend to wait until they are faced with legal action before considering investment in accessibility improvements. This attitude often results in accessibility challenges persisting and adds to the feeling of rejection and exclusion experienced by individuals with disabilities in public spaces.

Disabled individuals commonly encounter absent or misleading accessibility information on hotel websites, despite legal requirements for hotels to provide such information in their reservation systems. This lack of transparency exacerbates the difficulty of booking accommodations and traveling. Travelers with disabilities describe the need to send numerous emails and place multiple phone calls to ascertain whether a hotel can offer the needed accommodations, or alternatively, they might opt to stay home due to the daunting nature of the process.

Some disabled individuals find it intimidating to file lawsuits against restaurants or hotels. Testers often face criticism and accusations of attempting to extort businesses for personal gain. Moreover, the legal process can be cumbersome, and plaintiffs typically do not receive monetary compensation. ADA lawsuits typically allow plaintiffs to seek reimbursement only for out-of-pocket expenses and legal fees.

While the Department of Justice can investigate ADA noncompliance and pursue legal action, it has acknowledged that private lawsuits, including those initiated by testers, are important to complement the government’s enforcement efforts. Some state laws, such as California’s Unruh Civil Rights Act, allow plaintiffs to seek damages, leading to a concentration of ADA litigation in those states.

The lack of monetary damages means that lawyers are usually compensated for the hours they work, which has led to lawyers firstly handling cases involving testers and filing a significant number of lawsuits. Some lawyers, like Gregory Sconzo, have represented clients in thousands of lawsuits related to accessibility barriers, frequently leading to settlements, these cases often entail businesses being obligated to address concerns like the installation of pool lifts.

The increase in ADA lawsuits may be attributed to several factors, including the country’s aging population, a general increase in instances of disabilities and the emergence of a “post-ADA generation” that has reached adulthood have contributed to this trend, along with a heightened awareness of accessibility rights.

The internet has played a major role in increasing awareness and accessibility challenges. While it enables businesses to reach more consumers, it has also exposed disabled consumers to accessibility barriers, even online.

A significant issue contributing to these challenges is a lack of understanding of the ADA’s provisions and importance. Some businesses may be unaware that they are violating the law. Education about the ADA and its implications is limited, even within industries like hospitality, where individuals like Jeremy Warriner, who previously worked in the industry, received little to no education or training on ADA implementation.

Warriner’s realization of the importance of accommodations occurred after he became a double-leg amputee following a car accident. He noticed accessibility issues at the hotel where he worked, including a non-functioning automatic door for disabled access. His efforts to bring these concerns to the attention of management did not yield any resolution, prompting him to file a complaint with the Department of Justice. However, despite his complaint being submitted more than two years ago, the problem has not been rectified.

The challenges faced by individuals with disabilities in booking hotels and accessing accommodations underscore the ongoing need for increased awareness, education, and enforcement of disability rights, as well as systemic changes to improve accessibility and inclusion in public spaces.

In summary, hotel booking challenges persist for people with disabilities despite the ADA. “Testers” and lawsuits are intimidating but essential. Inaccurate information and slow resolution discourage travel. Education and systemic changes are needed for better accessibility and inclusion.