ADA Compliance Review Corporation

Many business and commercial property owners believe that they do not have to take any action simply because they have owned a building for a long time. This is where many businesses get caught by surprise by a disability access lawsuit.

It is a common belief that if a business owner does not make any improvements, he does not have to address architectural barriers. THIS IS NOT THE CASE.

Barrier removal is incumbent on all businesses regardless of modifications. Under the ADA, “existing facilities” must remove architectural barriers “where such removal is readily achievable,” meaning “easily accomplish-able and able to be carried
out without much difficulty or expense.” (42 U.S.C. §§ 12181(9), 12182(b)(2)(A)(iv).) This means that you MUST remove architectural barriers unless it is a hardship.

If removal of architectural barriers from an existing facility is not readily achievable, the facility must make its goods and services available to PWD through “alternative methods if such methods are readily achievable.”

If you cannot remove an architectural barrier because of a physical or financial difficulty, you are strongly advised to request a waiver from your local building department.

Please be aware that if you choose to use financial hardship as a reason to avoid barrier removal, your financial records can be requested by a court of law if you get sued.

Your best defense against access lawsuits is compliance.

Welcome to the ADA Compliance Blog. Our goal is to help business owners comply with the very specific requirements of the Americans with Disabilities Act, better known as the “ADA”. Since we are in California, there will be special emphasis on the unique compliance issues in our State.

There are many stories in the news papers about businesses getting sued for not having proper accessibility. So what does it all mean? What are “drive-by” lawsuits? What do you need to do to your business? Do you have to make upgrades? Who can you turn to for help?

Subscribe to this blog and read along as we try to separate fear from fact, and assumption from requirements. We will let you know about current events, changes to the laws, and even point you in the right direction on where to go for help. We’ll talk to experts in the field such as lawyers and contractors. We’ll also post some real examples from people who have gotten sued, and what it took to emerge from the experience.

By taking an objective view of ADA compliance, you will all discover that it isn’t that hard to make a business accessible. In the end, you can avoid the very real threat of an expensive lawsuit, and your business will be accessible to the thousands of people with disabilities. Not a bad thing when you think about it.