Litigation & Enforcement

Before the Americans with Disabilities Act (ADA) was enacted, people with disabilities were often ignored, pushed to the side, and even abused, both in the workplace and the marketplace. They didn't have a voice—no voice and no power to change their circumstances. It is sufficiently challenging for people with serious disabilities to be able to get through their day without having to suffer from the thoughtlessness or intentional discrimination of others, and at some point the need for legislation protecting them became obvious. A few enlightened individuals in Congress helped to push legislation protecting the disabled from being short-changed by others who saw the disabled as less than themselves, and thus came forth different iterations of disability rights legislation, which has culminated in what we have today in the ADA. 

There are no "ADA Police," so a business, municipality, hospital, school, or other organization that is not abiding by the rules and regulations promulgated by the ADA are encouraged through mediation to make modifications to their policies, practices, or procedures so that the disabled can participate in an equal manner as those who are not disabled. Enforcement of this legislation comes via the United States Department of Justice, as well as the disabled themselves. When mediation breaks down, litigation is the ONLY other vehicle available to the disabled for enforcing this law.   

People, including our own veterans, who live with severe disabilities every day do not understand why, after 30 years since the passage of the ADA, they still cannot get into a business, find a decent seat at a movie theater, use a public restroom, get a cab, or even get through a restaurant entrance as anyone else can. Sometimes, after having being excluded from a special event they really wanted to attend or a meal they were looking forward to, they decide that they will exercise their legal rights if the venue will not cooperate in making their business or facility accessible to people with disabilities—thus, you get lawsuits.

Litigation is a last resort and only happens when the offending business or organization refuses to compromise to provide handicapped accessibility or to remove barriers to handicapped access. Since the ADA is federal legislation, litigation often takes place in federal court, and it is very expensive to defend against a lawsuit alleging violations of the ADA in federal court. Attorneys and expert ADA witnesses with very specialized skills need to be retained, and they are costly. Often, the defendant will be found to be at fault and will be court-ordered to pay the complainant’s attorney fees and expert witness fees, as well as their own. At the end of many lawsuits, the business will be court-ordered to provide more access to the disabled anyway.  

For business owners faced with the prospect of litigation, you might consider other options instead. It makes good business sense to try to work out a resolution that doesn’t involve a year or two of litigation costs and headaches. When a business is willing to compromise by increasing the accessibility of its facility, it will enjoy additional sales and can offset the costs by taking advantage of available tax credits. Best of all, you will know that you have done the right thing in protecting and assisting the disabled community. 

The photo below showing the stairs and ramp that are supposed to provide access to someone in a wheelchair is an exaggerated example of what takes place in many businesses every day. You may feel your business is accessible enough, but if you are not the person needing the access, you probably don't know just how inaccessible your business is. The only way to know for sure and avoid problems is to get an accessibility audit. They are much cheaper than hiring attorneys, and they will help you to accommodate ALL your customers, as the law requires.