The Americans with Disabilities Act (ADA) is an important piece of law that affects both for-profit and non-profit organizations. The ADA went into effect over 25 years ago, but many small business owners are not aware of how the Act impacts their business. Unfortunately, many small business owners have learned the hard way that a growing number of individuals and firms are bringing lawsuits against small businesses for failing to comply with ADA guidelines.
The purpose of the ADA is to prohibit the exclusion of disabled people from enjoying everyday activities. The Act regulates physical barriers, requiring businesses and commercial properties to provide:
- Enough designated parking spaces for individuals in wheelchairs
- Ramps to access areas inside or outside of the facility
- Wide aisles in stores and other establishments to allow wheelchair access
- Lower counters for service areas
- Wheelchair-accessible restrooms
- Accessible building entrances
Categories of Public Accommodation
You should be concerned about learning how the ADA applies to you if your business or organization falls under one of twelve separate categories of public accommodation, including:
- Hotels
- Gas stations
- Stores and shops
- Restaurants and bars
- Service establishments
- Theaters
- Recreation facilities
- Museums
- Schools
Low-Cost Compliance Measures
While ADA standards are strict, they are not all costly. There are simple, cost-effective measures a business owner can take to be more compliant with ADA regulations, including:
- Putting handicap-accessible signs near restrooms and in the parking lot
- Offering menus in Braille
- Widening pathways inside and outside so that they accommodate wheelchairs
- Changing door handles and door handle heights
- Adding grab bars in restrooms
How to Decrease the Chances of Being Sued Under the ADA
With the increase in technology, it is crucial for your business to maintain "curb appeal." In an ADA context, curb appeal means that from the outside, your business clearly demonstrates compliance with accessibility standards. Most litigants in ADA cases have never stepped foot inside the businesses they sue. Instead, they use tools like Google Maps to review aerial and street-level photos of the property, searching for missing ramps, faded parking lines, missing or faded handicap signs, poor lighting, and other obvious violations.
By re-striping your parking lot, installing appropriate signage, and ensuring adequate lighting, you can greatly reduce the likelihood of facing a lawsuit. Ensuring you have the correct number of designated handicap spots relative to your total parking capacity is another straightforward way to comply.
Resources for Business Owners
For additional information regarding whether your business falls under the requirements of the ADA or what types of changes may be necessary for your facility, several official resources are available:
- The Department of Justice offers a toll-free ADA informational line at 800-514-0301 and resources on the official ADA website.
- You can also consult the ADA Standards for Accessible Design guide.
What to Do If You Were Served with an ADA Lawsuit
If you were uninformed about ADA guidelines and have been sued due to facility accessibility issues, contact an attorney immediately. Even if you plan to settle the case, you may still be responsible for the plaintiff's attorney fees, which can quickly rise into tens of thousands of dollars if the case drags on.
The key to defending an ADA lawsuit is responding early before opposing counsel racks up substantial legal fees through unnecessary court filings and motions. We have defended and favorably settled many ADA lawsuits for business owners throughout Georgia.
If you have been served with an ADA lawsuit and have questions, please contact Kapadia Naik & Farhoudi or call us immediately at 770-881-8081.