Defending Businesses in the San Francisco Area
The Americans with Disabilities Act (ADA) was passed in 1990 to prohibit discrimination and ensures equal opportunity for people with disabilities. It is a federal civil rights law that keeps business construction in compliance with codes that allow people with disabilities to access the buildings. No new construction can impede people with disabilities from accessing facilities. Likewise, any additions or alterations to existing business are also required to comply with the ADA.
Is Your Business Compliant?
If you're business is new or is being added to, it must be ADA compliant. This means that you are required to remove any current barriers, such as:
- Making approach/entrance accessible
- Making goods and services accessible
- Having restrooms usable by people with disabilities
- Having accessible drinking fountains, telephones, and any other necessary structure
All of these features should be continuously maintained at your business. If you fail to do so, you could be left vulnerable to a discrimination claim. Call us today at 415-851-4300 for more information.
If someone with disabilities claims that your business has discriminated against them, they could sue you for discrimination under ADA. As a “place of public accommodation,” your business is obligated to remove any and all barriers to people with disability. However this must be done “if such methods are readily achievable.” However, if your building isn't new, and was built before 1992, they may not have a case against you.
Penalties for Noncompliance
If you did have the means and ability to alter your business to be ADA compliant, under title III for public accommodations, you could be penalized. The maximum civil penalty for a 1st-time violation ranges from $55,000 to $75,000. For subsequent violations, the new maximum is $150,000. However, the new maximums apply only to violations that happen on or after April 28, 2014.
Call an Experienced Attorney Today
The consequences of this kind of lawsuit can be severe. If you can't afford to pay the minimum amount for an ADA noncompliance claim, you need to consult an excellent San Francisco ADA compliance attorney. If you contact our firm, we can go over the specifics of your case with you and begin drafting a strategy to help maximize your potential for a positive outcome. Regardless of the size or scope of your case, we are confident that we can provide you with the foresight and knowledge you need to best protect your interest.