- within Employment and HR topic(s)
- with Inhouse Counsel
- with readers working within the Advertising & Public Relations, Business & Consumer Services and Retail & Leisure industries
It turns out crystal balls aren't quite what they used to be. While they may be able to see into your future, they have not been able to see the rash of Americans with Disabilities (ADA) lawsuits filed against their businesses. Recently, we've seen an increase in ADA lawsuits targeting psychics and fortune tellers filed by So Cal Equal Access of Los Angeles. The claims follow a similar pattern: lack of accessible parking, improperly dimensioned restrooms, inaccessible paths of travel to the building entrances, missing signage, or websites incompatible with screen readers. While these ADA violations are generally easy to fix, if given advance warning, the first notification is when a process server shows up at the front door, but then, it's too late. For small, cash-based businesses like psychics and fortune tellers, these lawsuits can permanently close doors.
The reality is, whether you can predict lawsuits or not, ADA compliance has been the law since at least 1991. The worst thing to do is ignore ADA compliance.
Building owners who lease to psychics and the businesses operators are equally liable to the plaintiff and both are frequently named in the same lawsuit. Whether you are the landlord or the tenant, here are a few things you may want to consider to provide better service to customers and to avoid litigation:
- Conduct a proactive ADA audit with a qualified Certified Access Specialist (CASp). You can find a list of qualified California CASps at the Division of State Architect's website: https://www.dgs.ca.gov/DSA/Resources/CASp-Property-Inspection;
- Fix obvious issues immediately, especially in parking areas, signage, entryways, restrooms, and sales counters;
- Develop an ADA compliance program that is realistic as finances permit. A simple, yearly plan to revisit ADA issues to maintain compliance can be extremely helpful in proactively preventing further litigation. An ADA inspection every few years will bolster these efforts;
- Document compliance efforts. photographs, inspection reports, and receipts can be valuable evidence if you're sued; and
- Consult with an experienced ADA defense attorney before responding to any demand letter or lawsuit.
How ADA Defense Attorneys Can Help
If your building or business has been sued under the ADA, don't panic. These cases can often be resolved quickly and cost-effectively.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
