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ADA Litigation Increasing

Posted by Matt Hannam on

Let me be clear.  I am opposed to most of the litigation surrounding ADA compliance happening right now.  But unfortunately, lawsuits filed against businesses that are out of compliance are increasing.  And there seems to be no difference in the number of suits against large or small businesses.  My personal opinion is that many of these lawsuits are being initiated by opportunistic lawyers, rather than the disabled community. 

Take a look at a news search for the keywords "ADA compliance".  You will find dozens of new lawsuits being filed every day against business owners. 

My experience working with ADA compliance tells me that businesses want to comply with the law.  But more than that, they want their facilities to be accessible to anyone who would patronize them.  And they want to do the right thing. 

Unfortunately, the ADA legislation is complicated and cumbersome.  And many business owners have neglected ADA compliance- but out of lack of knowledge, not malice or greed.  My advice for any person who feels that a business is not accessible to them is to speak to the business owner.  Explain why they feel like they're out of compliance and what would help make their business more accessible to them. 

Litigation should be saved for the worst offenders, who refuse to change.  The average small business owner deals with mountains of responsibility. 

Speaking of worst offenders, Cardtronics, an ATM deployment company, has refused to make 9,000 of their ATM machines ADA compliant.  And they face up to $450,000 in fines each month.  You can read the whole story here.