Americans with Disabilities Act
Aaron & Wilson, LLP defends businesses throughout the San Francisco Bay Area who have been unfairly targeted with claims of lack of access under the Americans with Disabilities Act (ADA).
Overview of ADA Public Access Requirements
The Americans with Disabilities Act (ADA) was a major piece of legislation enacted over 20 years ago to prohibit discrimination against people with disabilities in the workplace and elsewhere. Title III of the Act covers nondiscrimination in public accommodations (hotels, restaurants, theaters, grocery stores, shopping centers, etc.) and commercial facilities. Nondiscrimination in this context means that people with disabilities should have access to the facilities and services that nondisabled individuals are able to access.
To help establishments understand how to meet this duty, the government has published the ADA Standards for Accessible Design, a 250-page document containing guidelines for accessibility. These standards apply to design, construction, and alteration of covered facilities. The standards can be helpful in determining accessibility and compliance for newly constructed facilities. For instance, are there enough parking spaces? Are doorways wide enough? Are toilets and sinks low enough?
In existing buildings, however, when must such issues be addressed? The ADA requires barrier removal only when it is "readily achievable," i.e., "easily accomplishable and able to be carried out without much difficulty or expense." Whether a particular modification is readily achievable or not can be the subject of debate which may wind up being litigated.
ADA in Court - Money Damages and Civil Penalties
The ADA authorizes private lawsuits, where individuals can obtain court orders requiring facilities to remove barriers or provide auxiliary aids and services to get around the barrier. Also, individuals may lodge complaints with the Attorney General. The Attorney General can bring suit for money damages and civil penalties up to $55,000 for a first violation or $110,000 for a subsequent violation.
Landlords, Tenants, Need Experienced Legal Representation
Landlords and tenants in leased spaces may both have legal obligations to remove barriers or provide auxiliary aids and services. Understanding when such an obligation is triggered and who is responsible for implementation requires a thorough comprehension of the applicable laws and regulations and practical legal experience. Our attorneys are equipped to handle any type of claim of lack of access. If your business is being sued under the ADA, contact Aaron & Wilson, LLP for a strong, effective defense from experienced litigators with a long history of achieving results.
