All of us believe in and work toward
a society where individuals
with disabilities are assured the opportunity
to participate and grow
within our communities. This participation
is vital to our society, and
also to the health of our economy.
The purpose of the Americans with
Disabilities Act (ADA) is to make sure
that individuals with disabilities
have the same rights and opportunities
as everyone else. The ADA prohibits
discrimination against individuals
with disabilities in all areas
of public life, including any public or
private area that is accessible and open to the general
public. These areas can also be regarded as places of
public accommodations. Places of public accommodations
include facilities such as hotels, gas stations,
convenience stores, restaurants, shopping centers,
laundromats, dry cleaners, and more. Today, this
diverse group of consumers makes up a significant
portion of America’s growing market for businesses,
which means proper steps must be made to avoid
liability for failure to comply with the ADA.
Importance of Being Proactive
The ADA is a complaint-driven law. Any individual
who feels equal access to a public area is not being
provided to disabled persons can file a lawsuit against
that facility. The ADA provides that the person who files
the lawsuit and can show any violation of the ADA be
awarded attorney’s fees. Thus, a business owner not
only has to pay to correct the ADA violation, but also
has to pay the other side’s attorney’s fees in addition to
his or her own attorney’s fees. Further, in the state of
Georgia, any person or entity who does not comply
with ADA requirements could be subject to criminal
penalties. Thus, it is vital for business owners and tenants
to always remain proactive to ensure ADA compliance
among their staff and facilities in order to avoid
this costly consequence.
Equal access and enjoyment must be offered to
customers with disabilities. Equal access means that all
forms of entry, exit, and overall enjoyment must be
equally accessible to all, disabled person or not. Businesses
must ensure that accommodations such as
parking spaces, access ramps, doorways,
aisles, register counters, restrooms,
curb ramps, and even light
switches are in compliance with
ADA’s width and height requirements.
For example, many business
owners are aware of the standard accessible
parking requirements set
forth by the ADA. Today, however, the
ADA requires that 1 in every 8 accessible
spaces must be served by an
access aisle that is at least 96 inches
wide and it must be designated via
signage as “van accessible.” This
means these accessible spaces must
be 8 feet wide in order to accommodate a wheelchair
lift on the side of a van.
Quick Tips for Serving Customers with
Disabilities
To better provide equal access, businesses should
avoid barriers that are created on a day-to-day basis. As
a business owner, your main goal should always be to
ensure a clear path of travel for customers using mobility
devices or service animals. For example, always
stock goods or supplies away from areas that are accessible
to the public like restrooms or seating areas and
avoid blocking aisle entrances with product displays.
It is vital for business owners to understand the
financial effects of the ADA allowing anyone to file a
lawsuit for ADA violations, as the costs incurred far
exceed merely paying your attorney’s fees. Being proactive
is the best solution to guaranteeing compliance
with the ADA and avoiding the costly financial burdens
that result from extensive litigation and/or negotiation
settlements. Therefore, as a business owner, always
evaluate access at your facility, address and fix any
barriers you think exist, train your staff on the ADA’s
requirements, and always comply with the ADA when
planning an alteration or construction of a new facility.
Business Insights is hosted by the Law Firm of Kumar, Prabhu, Patel & Banerjee, LLC (KPPB).
Roy Banerjee is a founding partner of KPPB LAW and oversees the firm’s litigation practice.
Disclaimer: This article is for general information purposes only, and does not constitute legal, tax, or other professional advice.