Disability Access Discrimination

Disability Access Discrimination is an often misunderstood and misrepresented area of the law. The Americans with Disabilities Act (“ADA”) was signed into law in 1990 by a Republican President. In 2009, another Republican President strengthened it protections.

The law requires, in a very business-friendly way, that most businesses open to the general public either be accessible to people with disabilities or as accessible as is “readily achievable,” which means “easily accomplishable and able to be carried out without much difficulty or expense.”

When a new building is constructed or an older building has new construction, the new areas must meet clearly defined architectural standards. For example: Doorways should not be obstructed by steps, which helps people in wheelchairs. Every restroom must have at least one toilet with grab bars, which helps people who need assistance getting to and using the toilet. Every parking lot requires at least one accessible parking space, which helps seniors and others with mobility issues get to the front door.

Older buildings only need to be made as compliant with the building standards as a business can do without much difficulty or expense. For example, if an older business is going to repaint its driveway anyway, it needs to add an accessible space. If a business has an old narrow restroom that cannot easily be widened enough for a wheelchair, it should still add grab bars since seniors or people with bad backs still use grab bars to steady themselves.

California makes it easy for businesses to comply with the ADA. The state licenses CASp inspectors who can inspect a site, determine what is in compliance and what is not, and provide a plan to get as compliant as is readily achievable.

On the other hand, California law is serious about compliance. A business that fails to comply with the ADA can face a penalty of $4,000 per occasion on which a person with a disability suffers “difficulty, discomfort, or embarrassment” as a result of a violation of the standards. If a person suffers injury because of an ADA violation, then the business may be liable for up to three times the regular measure of damages.

Some business groups claim the penalties are unfair. However, the standards are over 30 years old, and they do not require anything difficult or expensive. It is very easy for a business to comply with the ADA. On the other hand, people with disabilities face profound hardship accessing basic services that others take for granted. Whether it is healthcare, grocery shopping, or even entertainment, people are excluded from full participation in society if they cannot even get in the door.

I proudly represent persons with disabilities who have been denied access to businesses open to the public. In the cases I litigate, we always insist that the violations be fixed. It is not enough to just pay some money, because that is not the point.

There is no cost to you to consult with me about your case. When I take a matter on, I do not charge you out of pocket. When we win a case, I am paid a portion out of the winnings, and your employer has to contribute to cover my attorney fees. I will never charge you any fee that requires you to pay me out of your own pocket.

If you are a person with a disability who has been prevented from accessing services you need, please feel free to contact me to see how I can help.