There's a common misconception that if a state accessibility regulatory board grants you a variance on an accessibility requirement under state code, you're in the clear. But here's the critical truth: a state variance does not relieve you from your obligations under the federal Americans with Disabilities Act (ADA). The ADA is a federal law, and federal law supersedes state law. This means that even if your state gives you a pass on certain accessibility features, you could still be on the hook under the ADA.
Think about it—state agencies can adjust or waive requirements within their own codes, but they don't have the authority to override federal law. The Department of Justice (DOJ) enforces the ADA, and they're not bound by state-level variances. So, if your property doesn't meet ADA standards, you're exposed to potential enforcement actions by the DOJ or lawsuits from individuals who experience discrimination due to lack of access. Simply put, a state variance might make you compliant locally, but it doesn't shield you from federal scrutiny.
Property owners need to exercise due diligence. It's essential to understand that compliance is a dual obligation: you must meet both state and federal requirements. Consulting with legal experts or accessibility consultants who are well-versed in ADA compliance is a smart move. They can help you navigate the nuances between state and federal laws, ensuring that you're not inadvertently leaving yourself vulnerable. In cases where state and federal requirements differ, it's wise to adhere to the more stringent standard—that way, you're covering all your bases.
Don't fall into the trap of assuming that a state variance is a free pass. Misunderstandings in this area can lead to costly legal battles, mandatory retrofits, and damage to your reputation. Beyond the legal implications, there's a broader responsibility to ensure that your property is accessible to all individuals, regardless of ability. Non-compliance not only affects those who are excluded but can also reflect poorly on your commitment to inclusivity.
In summary, while state accessibility variances can offer some flexibility, they do not negate your responsibilities under the ADA. Federal law takes precedence, and the DOJ has the authority to enforce compliance. To protect yourself and do right by the community, make sure you're meeting all applicable accessibility standards. It's not just about avoiding penalties—it's about contributing to a more inclusive society where everyone has equal access.
Think about it—state agencies can adjust or waive requirements within their own codes, but they don't have the authority to override federal law. The Department of Justice (DOJ) enforces the ADA, and they're not bound by state-level variances. So, if your property doesn't meet ADA standards, you're exposed to potential enforcement actions by the DOJ or lawsuits from individuals who experience discrimination due to lack of access. Simply put, a state variance might make you compliant locally, but it doesn't shield you from federal scrutiny.
Property owners need to exercise due diligence. It's essential to understand that compliance is a dual obligation: you must meet both state and federal requirements. Consulting with legal experts or accessibility consultants who are well-versed in ADA compliance is a smart move. They can help you navigate the nuances between state and federal laws, ensuring that you're not inadvertently leaving yourself vulnerable. In cases where state and federal requirements differ, it's wise to adhere to the more stringent standard—that way, you're covering all your bases.
Don't fall into the trap of assuming that a state variance is a free pass. Misunderstandings in this area can lead to costly legal battles, mandatory retrofits, and damage to your reputation. Beyond the legal implications, there's a broader responsibility to ensure that your property is accessible to all individuals, regardless of ability. Non-compliance not only affects those who are excluded but can also reflect poorly on your commitment to inclusivity.
In summary, while state accessibility variances can offer some flexibility, they do not negate your responsibilities under the ADA. Federal law takes precedence, and the DOJ has the authority to enforce compliance. To protect yourself and do right by the community, make sure you're meeting all applicable accessibility standards. It's not just about avoiding penalties—it's about contributing to a more inclusive society where everyone has equal access.
