28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

Identification of accessible guest rooms. (Section-by-Section Analysis)

Proposed § 36.302(e)(2) states that hotel reservations services must identify and describe the accessible features in the hotels and guest rooms.  This requirement is integral to ensuring that individuals with disabilities receive the information they need to benefit from the services offered by the place of lodging.  As a practical matter, a public accommodation's designation of a guest room as "accessible" will not necessarily ensure that the room complies with all of the 1991 Standards.  In older facilities subject to barrier removal, strict compliance with the 1991 Standards is not required.  Public accommodations must remove barriers to the extent that it is readily achievable to do so.  Individuals with disabilities must be able to ascertain which features--in new and existing buildings--are included in the hotel's accessible guest rooms.  The presence or absence of particular accessible features may be the difference between a room that is usable by a person with a disability and one that is not.  Information about the availability and nature of accessible features will minimize the risk that individuals with disabilities will reserve a room that is not what was expected or needed.