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#1 | |
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Lanoisseforp Levart
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Member since: Feb 2005
Location: Annapolis, MD 21403
Age: 51
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I think this speaks for itself!
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#2 |
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Kishef macher
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Member since: Jul 2005
Location: Philadelphia, PA USA
Posts: 16,698
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I wonder if there's another side to this story. It's hard to believe Hilton, who's normally pretty sharp, when it comes to marketing, would make a gaffe this bad. On the face, this looks like one egregious decision.
From what I read, Fran O'Brien's lease ran out in December. Negotiations continued for several months and eventually Hilton, for whatever reason, threw in the towel and told the restaurant to leave. It's Hilton's space to lease to whom they please. I think calling it an eviction, which some supporters of the restaurant are calling it, is a little over the top. What Fran O'Brien's was doing for our vets was wonderful. Hopefully they will be able to open near the Hilton, somewhere else. There is a much larger issue here, larger than Fran O'Brien's loosing their lease, larger that the vets loosing their wonderful Friday nights, larger than Hilton's marketing stupidity. The issue is larger than an escalator to the restaurant, broken, apparently for more than a year, which the disabled and partially disabled vets could have used, instead of the stairs or freight elevator. The issue is ADA access. What I find absolutely reprehensible about the whole sorry episode, which has been borne out by several sources, is that there is no ADA compliant access to the restaurant located in the Hilton's basement (Escalators are not ADA). I have had several serious bouts of severe back problems over the years. At one point, I was in a wheel chair for an extended period of time, while waiting for surgery. So I know, first hand, how it feels to not have access where I needed to go. Access is better today, but there are still too many places like the Hilton, who just won't provide necessary access, even when required under the law. I'm one of the lucky ones though, as surgery has alleviated my problems significantly. Physical and now rehabilitation therapy, still on going, helps to keep me in pretty good physical condition, but I'll probably need more surgery in a few years. Others I know are still in wheel chairs. Forgetting for a moment that the Hilton had an obligation, under the law, to provide ADA compliant access, it was the right thing to do, and Hilton hasn't done it. |
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#3 |
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Senior Member
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Member since: Apr 2006
Location: STL
Age: 56
Posts: 86
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I agree, the whole issue here is that the law requires accessibility..
They will be required to make it accessible even if O'Briens leaves.. Unless there is more to this story, Hilton is not very smart for making O'Briens leave when they would have to make the building meet ADA guidelines either way.. I have alot of friends that are wheelchair bound and if this story is true, you won't find me at a Hilton anytime in the near future.. It actually seems surprising to me that they haven't been made to abide by the ADA laws already.. Cindy |
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#4 |
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Travel Professional
Gold Poster
Member since: Apr 2005
Location: Silicon Valley
Age: 44
Posts: 776
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I have my doubts about the accuracy of the story. An eviction notice can only be served if the restaurant is in breach of its lease. Further, there are myriad of laws which protects renters from retaliation by a landlord for exercising their rights under the law or contract. Ned's scenario is much more likely, that the lease ran out and Hilton choose not to renew it.
In commercial retail lease, i.e. stores, restaurants, etc. it is not uncommon for the landlord to receive a share of the gross receipts. That is often deciding factor in whether or not to renew a lease. Also, in commercial leases, the renter is usually responsible for making improvemens to the property. It is entirely possible that access to the restaurant was the restaurants responsibility, not Hilton's. I'm just putting forth that this story leaves out a lot of pertinent information that is necessary before we can conclude that Hilton is the bad guy. Regarding the ADA, ( and I'm not an ADA attorney) the ADA generally does not require you the make proactive changes to an existing property, but requires modifications and new construction to be ADA compliant. |
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#5 |
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Guest
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In other stories, it says that the "eviction" is actually nonrenewal at the normal end of a lease. I'm also not an ADA attorney, but there is in general no requirement to retrofit accessibility features to existing structures.
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#6 | |
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Kishef macher
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Member since: Jul 2005
Location: Philadelphia, PA USA
Posts: 16,698
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Quote:
My point in an earlier post in this topic had nothing to do with the law. It had to do with access. I find it unimaginable that a major hotel in this day and age wouldn't, on their own, provide ADA access to all guest areas, restaurants, etc. I did say in my post, however, "Forgetting for a moment that the Hilton had an obligation, under the law, to provide ADA compliant access, it was the right thing to do, and Hilton hasn't done it." It was my understanding from several articles which I read about the situation, before making my comments, that when Fran O'Brien's moved in there were considerable renovations made in the hotel for the restaurant. That would make it necessary for Hilton to provide ADA access, except that, I will acknowledge that accessibility laws have very fine lines about renovation requirements. So I must acknowledge, I may have been wrong about the legal requirement there, but not the moral requirement. Keep us on our toes guys. |
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#7 | |
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Travel Professional
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Member since: Apr 2005
Location: Silicon Valley
Age: 44
Posts: 776
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#8 | |
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Examples are places with rough terrain, such as creeks, canyons, and crags. Or often (though not always) inappropriate activities such as scuba diving, horseback riding, and go kart racing. And even places where access would be an imposition such as moderate to difficult hiking trails. We are doing well in this respect (for example, many easy walking trails are accessible) and are doing better. But don't hold your breath for 100% equal access. |
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