Does the ADA Apply to My Business?
ADA Defense Lawyers Can Fight for You
The Americans with Disabilities Act (ADA) requires that “places of
public accommodation” make reasonable accommodations for individuals
with disabilities, including compliance with very specific architectural
The term “place of public accommodation” itself applies to
a very wide array of businesses, including:
- Inns, hotels, motels, or other places of lodging;
- Restaurants, bars, or other food/drink establishments;
- Day care centers, homeless shelters, senior citizen centers, adoption agency,
food banks, or other social service establishment;
- Parks, zoos, amusement parks, or other places of recreation;
- Nurseries, schools, or other place of education;
- Auditoriums, convention centers, lecture halls, or other places of public
- Gymnasiums, spas, bowling alleys, golf courses, or other place of exercise
- Theaters, concert halls, stadiums, or other place of exhibition or entertainment;
- Bakeries, grocery stores, clothing stores, shopping centers, or other sales
- Laundromats, dry-cleaners, banks, hair salons, shoe repair services, gas
stations, office of an accountant or lawyer, pharmacy, insurance offices,
professional office of a health care provider, hospital, or other service
- Museums, libraries, galleries, or other places of public displays or collections;
- Terminals, depots, or other stations used for specified public transportation;
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In addition, the law applies equally to landlords and tenants, making each
“jointly and severally liable” for ADA violations present
on the property that was sued. For this reason, the business owner, and
its landlord (the property owner) are almost always sued at the same time.
Am I Responsible for Making All the Changes to My Business?
REMEMBER – Even if the ADA applies to your business or property,
that does not mean you are responsible to make every change. For buildings
completed prior to the effective date of the ADA, which have not been
altered, changes only have to be made if they are readily achievable.
‘readily achievable’ means easily accomplishable and able to be carried out without much difficulty
or expense. In determining whether an action is readily achievable, factors
to be considered include:
- The cost and nature of the action required under the chapter;
- The overall financial resources of the facilities involved in the action;
- The effect the action will have on expenses and resources, or the impact
of such action upon the facility;
- The number of employees at the facility;
- The overall financial resources of the covered entity;
- The overall size of the business of a covered entity with respect to the
number of its employees;
- The number, location, and type of the facilities; and
- The type of operation of the covered entity, including the structure and
functions of the workforce; the geographic distance, administrative or
fiscal relationship of the facilities in question to the covered entity.”
For buildings that pre-date the ADA, but which have renovated or remodeled
areas alleged to be out of compliance with the ADA, changes have to be
made if feasible. So alteration of any part of a building after the effective
date will impose the
“maximum extent feasible” standard instead of the looser
“readily achievable” standard.
- In either event, only experienced ADA counsel can provide reliable advice
and analysis with respect to whether any particular change sought by an
ADA lawsuit is applicable to your business or property.
At the Law Offices of Nolan Klein, we provide comprehensive
ADA defense counsel and litigation services. Our experienced ADA defense team can work with you to deliver solutions
that are cost-effective and practical. Protecting your business is our
goal. We welcome the opportunity to defend you and help you resolve your
ADA lawsuit in the quickest and most efficient manner possible.
Let's chat about your case. Call (877) 253-5406 to reach our office.