Background Information on the Americans with Disabilities Act (ADA)

The 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 there are a growing number of individuals and firms that are bringing law suits against small businesses for not being in compliance 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 which include requiring businesses and commercial properties to have:

•                     Enough parking spaces for those 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,

•                     Wheelchair accessible restrooms, and

•                     Accessible entrances.

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, and

•                     Schools.

While, the ADA standards are strict, they are not all costly.  There are simple 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 paths inside and outside so that they are wide enough for a wheelchair,

•                     Changing door handles and heights of door handles, and

•                     Adding grab bars in restrooms and more.

How to Decrease the Chances of Being Sued Under the ADA

With the increase of technology, it is important for your business to have "curb appeal." “Curb appeal” means that from the outside your business should look like it complies with ADA standards. Most of the litigants in ADA cases have never visited the inside of the businesses in which they bring suit against. Instead, these litigants use Google Maps or another feature to view aerial photos of the business. These litigants look for businesses with missing ramps, faded parking lines, faded handicap signs, lack of lighting, and other obvious violations. By re-striping your parking lot and putting up appropriate signage and lighting, you can greatly reduce your chances of having a suit filed against you for failure to adhere to the ADA. Also, having the correct number of handicap spots per the amount of parking spaces you have is an easy way to comply with the ADA.

For additional information regarding whether your business falls under the requirements of the ADA or what types of changes may be necessary to your facility, there are a number of outlets that offer information and additional resources.  The Department of Justice has a toll-free ADA informational line (800-514-0301) and a website (https://www.ada.gov/).

You can also look to the “ADA Standards for Accessible Design” as a guide (http://www.usdoj.gov/crt/ada/adastd94.pdf).

What to Do If You Were Served with an ADA Lawsuit

If you were uninformed about the ADA guidelines and have been sued due to the inaccessible nature of your facility, contact an attorney immediately.  Even if you think you can settle the case, you will still be responsible for the attorney’s fees incurred by the other party, which can increase to tens of thousands if the case continues for some time.

The key to defending an ADA suit is to respond to it early, so that the suing attorney does not have the chance to rack up his or her attorney’s fees by filing multiple filings and motions in court. We have defended and favorably settled many ADA lawsuits for business owners in Georgia.

Please do not hesitate to contact us as soon as possible if you are served with an ADA lawsuit. If you have been served with an ADA lawsuit and have questions in regards to your lawsuit, please call us immediately at 770-881-8081.