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TagsBY ALICIA CRUZ
NEWJERSEYNEWSROOM.COM
U.S. Attorney Paul J. Fishman announced Wednesday that his office has initiated a review of several Atlantic City hotels and casinos in order to ensure they are being operated in full compliance with the Americans with Disabilities Act of 1990.
To facilitate its compliance review, the U.S. Attorney’s Office sent each hotel and casino
a detailed survey form, approximately 45 days ago, asking that the form be completed and returned by Wednesday, March 30, 2011.
Properties that received the form were notified that an on-site inspection by the agency would be necessary to endorse and review conformity with the federal law. If any property is found in non-compliance, the government intends to work with the owners and operators in an effort to secure voluntary compliance. Fishman said his agency expects to work cooperatively with hotel owners and operators if any violations are uncovered, and assist in bringing the establishment inline with the law.
The ADA prohibits any act of discrimination against an individual based on disability by private entities that own or operate places of public accommodation – which includes, among other establishments, resorts, hotels, conference centers and casinos.
Disability, as defined by the ADA, is a “physical or mental impairment that substantially limits a major life activity.” The determination of whether any particular condition is considered a disability is made on a case-by-case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment, which is correctable by prescription lenses.
The Americans with Disabilities Act was enacted by Congress in 1990, and signed into law on July 26, 1990, by then President George H. W. Bush. The law was amended with changes effective as of January 1, 2009.
The ADA authorizes the U.S. Department of Justice to investigate discriminatory act complaints and to undertake periodic reviews of entities covered under the act to ensure compliance. If a pattern or practice of discrimination is found at an establishment, the Department of Justice is authorized to commence a civil lawsuit in federal court to seek injunctive relief, monetary damages and civil penalties.
Anyone who wishes to file a complaint alleging that an establishment or other place of public accommodation in the State of New Jersey is not accessible to persons with disabilities may use the Civil Rights Complaint Form, which is available on the U.S. Attorney’s Office, District of New Jersey website.
