Geared for Hotel or Retail Owner/Operators, this presentation discusses the intent of the Americans with Disabilities Act, different approaches organizations to take to comply, and how to develop and get buy-in for a strategic compliance plan.

1. April 10, 2015
P R AC T I C A L A P P ROAC H E S
TO A DA C O M P L I A N C E
About EMG

2. Speakers
Greg Bailey Scott McNeice Ron Stupi
Director,
A&ETechnical Operations
Senior Project Manager Principal and
VP of Business Development

3. Agenda
1. Introduction to ADA
2. Proactive vs. Reactive Approaches
3. How to Plan and Get Buy-In
4. Case Studies
5. Resources
6. Q&A
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4. Introduction
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5. Mission
The mission of ADA is to ensure:
…people with disabilities should be able to arrive on the site,
approach the building or facility and its amenities, and enter as freely
as everyone else.*
*Per Department of Justice (DOJ)
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6. Regulatory Background
• Enacted in 1990 as a Federal Civil Rights Law (28 CFR
Part 36)
• ADA Accessibility Guidelines (ADAAG) published in
1991 (revised 2004)
• State Accessibility Standards – may be more stringent
than Federal requirements but not less
• Local Accessibility Standards – may be more stringent
than State or Federal requirements but not less
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7. 2010 ADA Standards for Accessible Design
• Public accommodations and commercial
facilities obligated to follow the 2010
Standards
• Responsible for performing self-assessments
• ImplementTransition Plans
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• RevisedTitle III of the ADA published on September 15, 2010
• ADA 2010 Standards became enforceable on March 15, 2012

8. Intrinsic Benefits
• Curb ramps strollers and bulky item navigation
• Better ergonomics of building components
• Audible tones for traffic signal, elevators
• Visual strobes for fire alarm systems
• Reduce trip hazard at flooring and doorways
• Improved identification and directional signage
• Limit protrusion/obstacle in corridors and hallways

9. Trends for Non-Compliance
• Dramatic increase in litigation
• Approximately 4,000 accessibility suits filed in 2014
(25% over 2013)
• Increase in “serial” plaintiffs and activist attorneys
• Evolving regulatory/political climate
– Compliance “sweeps”
– High-profile “example” cases
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10. Risks of Non-Compliance
• Reputational and Brand Risk impacts
• Financial impact
– Punitive and Actual Damages
– Legal fees
– Design and consulting fees
• Time frame to comply is mandated
• Loss of control of process and timeline

11. Typical Hot Buttons
Hospitality
• Parking and path of travel
• Accessible routes
• Common area
• Accessible guest rooms
• Auxiliary aids and Service
• Accommodation of service
animals
• Amenities and swimming pools
• Accessible restrooms
• Food service / restaurants
Retail
Landlord typically responsible for:
• Accessible van parking
• Accessible car parking
• Accessible routes (paths of travel and
building entry to tenant door)
• Common area public restrooms
• Access to all other landlord-
controlled public amenities
Tenant typically responsible for:
• Accessible entrances, exits and paths
of travel in tenant space
• Public restrooms
• Accessible point(s) of sale and
countertops
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12. Proactive Vs.
Reactive
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13. Proactive Approach
• Two-way conversation based on documented plan
• Documented policy establishes good faith efforts to comply
• Transition Plan facilitates removal of barriers in accordance
withYOUR priorities
• Reduced legal costs
• Control annual budget costs
• Control Transition Plan timeline
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14. Reactive Approach
• Typically a one-way conversation, e.g. mandated solution
• D.O.J. / A.G. investigation will result in THEM setting the
scope and timing of the compliance action
• A complaint is likely a question of “when,” not “if”
• Increased legal fees and consulting fees due to imposed
timelines
• Costs may include the repairs AND civil penalties and
plaintiff’s legal fees
• No ability to control barriers, schedule, or budget
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15. Which Approach to Choose?
• Proactive
– Good faith effort
– More control
– Reduce risk of exposure
• Reactive
– Only fix what you have to
– Run the risk of exposure at your other sites
– Legal fees may be higher
• Consult your corporate legal team
• Seek technical advice

16. Planning
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17. Components of ADA Plan
1. Develop a corporate policy regarding accessibility
2. Define the regulatory landscape of your portfolio
a. Legal counsel is a key part of this step
b. What ADA Law and other applicable regulations apply
c. Landlord vs.Tenant responsibility
3. Perform a self-assessment
4. Prioritize findings related to barriers
5. Draft aTransition Plan (aka Barrier Removal Plan)
6. DevelopTransition Plan costs / budget
7. Implement plan
8. Execute plan
9. Document progress
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18. Establish a Corporate Proactive ADA Policy
[The Company] recognizes that it is unlawful to discriminate
against customers of its hotels because of a disability. As such, it
is the policy of [the Company] to comply with the Americans
with Disabilities Act ("ADA") and all applicable federal, state,
and local laws, so that the properties owned and operated by
[the Company] are accessible to people with disabilities within
the meaning of the law.
In support of this policy [the Company] has developed a
Transition Plan / Barrier Removal Plan based on a
Self-Assessment.
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in conjunction with your legal counsel

19. Key Elements of Self-Assessment
• Training and accessibility awareness
• Document review
– Site/plan review
– Lease agreements
– Landlord/tenant delineation maps, etc.
• Site walk-through and survey form
• Site-specific measurements and data gathering
• Documentation photos, reports, cost estimating
• Ongoing verification, monitoring, calibration
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20. Prioritize Findings of Self-Assessment
Example of Barrier Priorities:
Priority One - Accessible Parking and Loading Zones
PriorityTwo - Accessible Routes: Ramps, Curb Ramps, Doors
PriorityThree - Restrooms, Stairways, Lifts and Elevators
Priority Four - All other owner-controlled public amenities
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21. Getting Buy-in for your Strategy
Quantify the Risk of Exposure or Inaction
• Test locations/sample size
• Understand most visible areas
• High level budgeting
• Establish reasonable timeframe

22. Getting Buy-in for your Strategy
• What if you take no action?
– Historic Data
– IndustryTrends
• Needs to Be objective and quantifiable
– Develop a documented ADA Plan

23. Case Studies
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24. Case Study #1
Ground-Up Construction – Proactive
Situation
• Client wanted to understand the current deficiencies and
develop a plan to fix during the prototype/construction of
all new-build locations
Approach
• Stand-alone new construction – on every new location
• Compliance visit post construction
Outcome
• Client has identified and changed several prototype items
in an effort to become more accessible
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25. Case Study #2:
National Hotel - Proactive
Situation
• Concern over 2010 ADA regulation updates
• Goal: Which properties were deficient, and in what ways?
• Properties ranged from 100 - 1,200+ rooms
Approach
• Surveyed parking lots, guest rooms, multiple pools, bars,
restaurants, restrooms, and all paths of travel
Outcome
• Reports allowed Board of Directors to proactively plan for
needed capital 12 - 24 months out
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26. Case Study #3:
National Retailer - Reactive
Situation
• DOJ Settlement
• Required 5 year compliance program
• 49 states
Approach
• Pre-determined “list” of compliance requirements (vs. site by site)
• Survey – then remedy within 12 months of survey
• “Firm” list of corrections at each location
• Audit and Documentation Procedures
Outcome
• Will be fully compliant by mid-2016
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27. Case Study #4:
National Restaurant Operator - Reactive
Situation
• Litigations at fewer than 10 sites
• Potential to be expensive and class action
Approach
• Developed SOW for exterior remediation
Outcome
• Now a national proactive program at remaining locations
• Over 5 years
• Developing Policy & Procedures
• Planned Capital Spend
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28. Key Takeaways
• Awareness and risk are growing
• Complex but manageable regulation
• Develop a documented strategy and be
consistent
• Strategy should be based on legal and
technical guidance
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29. Additional Resources
U.S.Access Board
http://www.access-board.gov/
Dept. of Justice (DOJ)
http://www.ada.gov/2010ADAstandards_index.htm
ADA National Network (10 Regional Centers)
http://adata.org/contact-us
ADA Checklist for Existing Facilities
http://www.adachecklist.org/doc/fullchecklist/ada-checklist.pdf
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30. About EMG
ThankYou!
For questions, contact:
Ron Stupi
Principal
rstupi@qpmllc.com
Ph. 602-758-4790
www.qpmllc.com
Aliza Stern
Principal
astern@emgcorp.com
Ph. 800-733-0660 x7610
www.emgcorp.com