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25 years later, ADA compliance still issue for some businesses
http://www.dothaneagle.com/news/business/years-later-ada-compliance-still-issue-for-some-businesses/article_1526053c-1c3f-11e5-9db5-e710ce9c91a5.html
Purchasing an old movie theater and locating their store there last year was probably one of the most exciting moments of Eagle Eye Outfitters co-owner Susan Anderson’s career.
As a building owner who had rented facilities twice before, Anderson said she was certain after multiple inspections by the City of Dothan, along with approved plans through the Small Business Association, that the building was as compliant as it needed to be for the Americans with Disabilities Act (ADA) of 1990.
But a letter from a law firm outlined to Anderson that the building was not in ADA compliance and that the law firm could file a federal lawsuit if she did not either settle with the firm or complete the changes.
Anderson said her business owner’s insurance covered the cost of hiring an attorney to fight the threat. She said that, fortunately, her building contractor worked with her to quickly correct the problems, such as ADA compliant adjustments to the parking lot, soap dispensers, dressing room hooks and paper towel holders.
Twenty-five years have passed since the ADA became law to eliminate discrimination against people with disabilities, but many business owners locally and throughout the state still face issues with ADA compliance relating to facility accessibility. Confusion often occurs when renovations are made to an older building that was grandfathered in before the ADA passed.
Jeff Mega, a rehab technology specialist with the Alabama Department of Rehabilitation Services, said most any renovations to an older building, along with all construction of a new building, must be ADA compliant.
“Usually people with newer buildings tend to think about accessibility while building to code, more so than some older buildings that initially didn’t have to be accessible unless they made modifications,” he said.
“Our population is getting older and accessibility is going to be an issue that’s better to face now instead of later. Anything from ramps that are too steep or unsafe, or restrooms that are not easy to enter or once inside are too narrow, should be considered.”
Mega said the department offers free ADA inspections to local businesses by using a checklist for existing facilities.
An Opelika-Auburn News article said a Montgomery-based law firm, the ADA Group LLC with attorneys Landis Sexton and Tracy Birdsong, sent similar letters to the one Anderson received to at least 14 businesses in that area last year. The newspaper said the letter resulted in some business owners paying thousands of dollars in repairs in addition to a settlement of between $2,200 and $3,300 to the law firm for “client’s attorneys’ fees.”
The law firm’s “ADA” acronym stands for The Attorneys for Disabled Americans and not the Americans with Disabilities Act, according to the OA News.
Anderson said she believed a law firm inspector posed as a customer and went into the dressing rooms and public restrooms with a tape measure and took pictures. She said the non-compliance letter threatening a federal lawsuit caught her off guard, particularly because of the previous inspections. She encouraged business owners to contact their insurance company before attempting to make any changes or settle with a law firm.
“We are reasonable business owners. We want to ensure anyone can enjoy our facilities, and I do believe it is fair to ensure that anyone has access to enjoy shopping independently inside our business or any other,” she said.
“We would have appreciated a courtesy phone call or visit prior to threatening litigation. That is why we worked so quickly to resolve all the issues.
http://www.dothaneagle.com/news/business/years-later-ada-compliance-still-issue-for-some-businesses/article_1526053c-1c3f-11e5-9db5-e710ce9c91a5.html
Purchasing an old movie theater and locating their store there last year was probably one of the most exciting moments of Eagle Eye Outfitters co-owner Susan Anderson’s career.
As a building owner who had rented facilities twice before, Anderson said she was certain after multiple inspections by the City of Dothan, along with approved plans through the Small Business Association, that the building was as compliant as it needed to be for the Americans with Disabilities Act (ADA) of 1990.
But a letter from a law firm outlined to Anderson that the building was not in ADA compliance and that the law firm could file a federal lawsuit if she did not either settle with the firm or complete the changes.
Anderson said her business owner’s insurance covered the cost of hiring an attorney to fight the threat. She said that, fortunately, her building contractor worked with her to quickly correct the problems, such as ADA compliant adjustments to the parking lot, soap dispensers, dressing room hooks and paper towel holders.
Twenty-five years have passed since the ADA became law to eliminate discrimination against people with disabilities, but many business owners locally and throughout the state still face issues with ADA compliance relating to facility accessibility. Confusion often occurs when renovations are made to an older building that was grandfathered in before the ADA passed.
Jeff Mega, a rehab technology specialist with the Alabama Department of Rehabilitation Services, said most any renovations to an older building, along with all construction of a new building, must be ADA compliant.
“Usually people with newer buildings tend to think about accessibility while building to code, more so than some older buildings that initially didn’t have to be accessible unless they made modifications,” he said.
“Our population is getting older and accessibility is going to be an issue that’s better to face now instead of later. Anything from ramps that are too steep or unsafe, or restrooms that are not easy to enter or once inside are too narrow, should be considered.”
Mega said the department offers free ADA inspections to local businesses by using a checklist for existing facilities.
An Opelika-Auburn News article said a Montgomery-based law firm, the ADA Group LLC with attorneys Landis Sexton and Tracy Birdsong, sent similar letters to the one Anderson received to at least 14 businesses in that area last year. The newspaper said the letter resulted in some business owners paying thousands of dollars in repairs in addition to a settlement of between $2,200 and $3,300 to the law firm for “client’s attorneys’ fees.”
The law firm’s “ADA” acronym stands for The Attorneys for Disabled Americans and not the Americans with Disabilities Act, according to the OA News.
Anderson said she believed a law firm inspector posed as a customer and went into the dressing rooms and public restrooms with a tape measure and took pictures. She said the non-compliance letter threatening a federal lawsuit caught her off guard, particularly because of the previous inspections. She encouraged business owners to contact their insurance company before attempting to make any changes or settle with a law firm.
“We are reasonable business owners. We want to ensure anyone can enjoy our facilities, and I do believe it is fair to ensure that anyone has access to enjoy shopping independently inside our business or any other,” she said.
“We would have appreciated a courtesy phone call or visit prior to threatening litigation. That is why we worked so quickly to resolve all the issues.
