NOT FOUND: small business.jpgAs a small business owner, there are so many things to deal with, from customer service, to insurance, to just keeping the lights on. Now, local small business owners are facing another concern — a Federal lawsuit. The Americans with Disabilities Act of 1990 (ADA) prohibits prejudice against disabled citizens in employment, and entitles them to enjoy all public services and accommodations. However, there are no restrictions currently in place to prevent this good-hearted and well-intentioned legislation from being abused and misconstrued.
The government agency assigned to the task of regulating these guidelines, The U.S. Access Board, assembled “Accessibility Guidelines for Buildings and Facilities,” which is a 310-page document spelling out even the most minute instructions for compliance with the Act. This document is frequently revised and updated. It is, to say the least, a daunting task for any business owner to remain compliant. The ADA was instituted to solve a very valid problem facing millions of Americans, but now it seems to have led to endless litigation.
Across the country, thousands of lawsuits are being filed by disabled individuals who have been dubbed “professional plaintiffs.” Some of these are even attorneys themselves, and are targeting small businesses that often do not have the knowledge or the resources to comply with the ADA.
One local “professional plaintiff” has filed over 500 lawsuits (and counting) against local business owners. He recently sued the owner of a Sacramento auto repair business because the wheelchair ramp in his parking lot extended into the handicap parking space. This business owner filed a claim against his insurance, only to find that his policy had no coverage. The plaintiff asked for a $5000 out of court settlement, and the business owner was left no choice but to pay up. This same plaintiff went as far as suing a church here in North Highlands because the handicap accessible parking sign was not the correct size. Again, the settlement amount was in the thousands of dollars.
Even after the settlement is agreed to and paid, the business owner is required to make the necessary changes to bring their facilities up to code, costing additional funds anywhere between $50 and tens of thousands of dollars.
Not only does your building and signage need to comply with the ADA, but your website also must contain information about your handicap accessibility, and some lawsuits have been filed by the visually impaired claiming they were unable to use the web services. Many businesses have no choice but to file bankruptcy, lay off employees, or ultimately close up shop due to these suits. If you own a small buiness, even if you do not own your building, you must educate yourself and be proactive to prevent such a lawsuit. Ask your insurance agent about ways to gain some coverage for defense cost, such as third-party liability on an Employers’ Liability policy. Also, make sure you review the ADA accessibility code at http://www.access-board.gov/adaag/html/adaag.htm, and even consider hiring a consulting firm to assist you in becoming and remaining compliant.
Disability Access Consultants, Incorporated is a good ADA consultant firm that will work with you and your lawyer, should you need one. They can be reached at 1-800-743-7067.