Overview of Title III of the ADA
Americans with Disabilities Act Defense Lawyer
A noticeable rise in lawsuits filed against businesses for allegedly violating
the Americans with Disabilities Act (ADA) has occurred in recent years.
Many of these lawsuits only hold water because the defendants do not understand
their own rights as a business owner, or the rights of those with disabilities
as described in Title III of the ADA. If you are facing such a lawsuit
and do not know where to turn for help, you should review this overview
of Title III to get a better idea of what has been alleged against you.
If you know that you require legal help, and you need it fast, feel free to call
(877) 253-5406 to connect with our ADA defense attorney from the Law Offices of Nolan
Klein. Backed by positive
client testimonials and named as part of the Nation's Top One Percent by the
National Association of Distinguished Counsel, Attorney Klein can bring professionalism and tenacity to your case.
Contact us today to set up your
free initial consultation.
Highlights of Title III of the ADA
Who is regulated by Title III?
Any private business, commercial facility, and educational institution
that serves or otherwise works with the public, or creates a place of
public accommodation, must meet ADA Title III standards. Those who are
not covered include religious places of worship, clubs not made available
to the public, and nonfederal government locations.
What must a public accommodation do?
Reasonable efforts must be made by those regulated by Title III to accommodate
those with disabilities to ensure that they have the same access to goods
and services as those without any disability. This can include building
wheelchair access ramps, holding examinations or educational courses in
a location accessible by all peoples, and providing alternative solutions
to obstacles that cannot be directly overcome. Additionally, there must
be no intentional discrimination against someone with a disability.
What is considered a reasonable effort?
If adjusting or modifying a business to accommodate someone with a disability
would “fundamentally” change the goods and services offered,
it may be seen as unreasonable effort. If the changes require high costs
to implement, it may be possible to delay the modifications until a future
date, but this is not always considered an unreasonable effort.
Who is considered to have a disability under Title III?
Title III of the ADA considers anyone as disabled if they cannot perform
a regular life activity, such as walking or seeing, due to an ailment
that afflicts them physically or mentally, has afflicted them in the past,
or is generally regarded as having this affliction. Impairments can range
from heart disease and cancer to learning disabilities and emotional illnesses.
Are there acceptable exclusions?
Someone considered to have a disability may only be excluded from regular
goods and services if it is for their own benefit.
Example: An amusement park may bar those who require a wheelchair for mobility
from riding on certain attractions if their inclusion would create an
unsafe environment for themselves or others.
Are auxiliary aids necessary?
Title III also requires a business to give auxiliary aids – such
as hearing devices, closed captioning, and interpreters – to people
with disabilities if not providing them would render their services unusable.
Reminder: Failure to protect yourself from an ADA lawsuit may result in a $50,000
to $100,000 fine if the Attorney General is involved with the case. Civil
penalties could also be implemented against you. If someone has filed
a complaint against your business for not providing correct public accommodations,
contact our ADA lawyer right away.