United States Second Circuit

In a claim brought under Title III of the Americans With Disabilities Act (ADA) which requires that altered portions of public accommodations be made accessible to the disabled, judgment of the district court in favor defendants is vacated where: 1) as a matter of law, a large fraction of defendant-resort's rooms were altered in the course of renovations made in 2000 and 2001; 2) because the renovations physically altered the defendant's units in a manner that affected their usability, the ADA requires that some of these units be made readily accessible and usable by disabled individuals "to the maximum extent feasible."; and 3) since plaintiffs satisfied their initial burden of production by demonstrating that defendants had not complied with the ADA, the burden shifted to the defendants.

Appellate Information

• Decided 09/18/2008
• Published 09/18/2008

Judges

Court

• United States Second Circuit

Counsel