Small Business Alert: ADA Lawsuits Escalating
Another small business in Lemoore was hit with an ADA Compliance Lawsuit today. This makes two confirmed lawsuits in Lemoore to date, and lawsuits have been escalating all around the San Joaquin Valley. If you own a business, you are not safe unless you are ADA compliance. If you want to know about ADA Compliance issues, go to: http://adahelper.com/ to find out the top 10 ADA lawsuit triggers. If you find that you have one or more problems, contact a trusted attorney to discuss your options. Make sure you contact an attorney BEFORE you make any changes to your business.
| Top 10 Myths of ADA Compliance Like many regulations, the ADA comes with its own host of myths and misinformation that spread faster than a summer wildfire. The following are the 10 most common myths we hear every day while dealing with business owners, and the truth behind them to help you avoid being sued.#1 – I’m Grandfathered In Grandfathering has a lot of precedence with many regulations, such as smog requirements for vehicles, but with the ADA, there’s no way for this to work. It has to do with being accessible to everyone, so grandfathering prevents that.Just because the business was started a long time ago or is in a building that was built in 1920, all businesses must adhere to the current Federal ADA. In the 2010 ADA the term “safe haven” is included to allow businesses that were compliant to the 1990 ADA to not have to update to ONLY the items updated in 2010. This list of applicable items is very short. Otherwise, all businesses must stay compliant with the current ADA.#2 – I don’t have to worry until I do construction This is really the other side of the same coin with regard to grandfathering above. If you are open to the public, the reality is that you have to worry about accessibility.Undergoing new, or updating construction will actually trigger additional review of ADA items affected by the construction. But all barriers to accessibility that exist now, must be handled now.#3 – My facility was built with a permit and should be fine
“Should be”, yes, “Actually is”…probably not. You can’t use a recent permit or sign-off by a local inspector as protection against ADA barriers simply because they’re not all ADA experts. They should be, but the reality is that they aren’t. They miss things just like everyone else. Additionally, many ADA lawsuits include items that become barriers post-construction, like merchandise in the aisles, and faded parking lot stripes. #4 – I’m not open to the public If you’re in the business of selling something to the public, you’re open to the public. True, there are many businesses that make house calls, or are mobile in nature. They will not have the number of ADA issues to work through that most others do. But, if a business interacts with the public to conduct their work, they need to review their facility and policies. #5 – I can fix issues once I get sued This is the one myth that feeds the “Frivolous Lawsuit” business. Unfortunately, most every “frivolous lawsuit” filed for ADA issues is done for financial gain and not improving accessibility. Every day that you are open to the public, you must be accessible. Waiting for a lawsuit to make any changes will cost you dearly. After you are sued, you’ll most likely pay a settlement to avoid going to court, pay attorney’s fees, and not be any closer to reducing your liability for another lawsuit. #6 – I’m a tenant, so I’m not liable for exterior items The nature of the ADA is directed to businesses, not property owners. All ADA lawsuits are served to the operating business (tenant) and usually include ADA requirements for exterior paths and parking. The fact that you lease a space, only allows the lawsuit to include the property owner as well! #7 – I’ve already been sued, so I’m clear There is no secret list that all “frivolous lawsuit” plaintiffs look at before they head out and avoid who’s already been sued. If you’ve been sued, paid a settlement, are lucky to still in business, and haven’t fixed your ADA issues, you’re still a target. #8 – There has never been a disabled person in my store It’s most likely because you’re not accessible to them in the first place. The disabled community is not dumb. If they want to buy your kumquats, but they see a step at your door, or a small parking stall, they’re going to take their money elsewhere. #9 – I’ll just help a disabled person get around barriers The ADA law is not one line that reads, “All business owners must provide a concierge to any disabled customer.” The point of the ADA is for our businesses to be accessible to all Americans to allow for independence and equality. It’s great to be polite and ask if you can help, but you can’t hide behind that as your compliance. #10 – There is nothing I can do to reduce my risk A vast number of ADA lawsuit items can be fixed for under $500! Many little issues such as adding signs, moving the mirror down an inch, or changing the door hardware are simple to fix. Each of the little items, if they’re not compliant, can cost you $4,000 EACH in an ADA lawsuit, and the average lawsuit costs business and property owners $25,000! Many local businesses that have been hit with these lawsuits have had to close their doors. Don’t delay. Make sure your business is compliant before the attorneys come to your door. |
