Any owner or operator of a place of public accommodation is subject to Title III of the Americans With Disabilities Act (ADA) and its accompanying Accessibility Guidelines (ADAAG). Compliance with ADA requires knowledge and close monitoring of every aspect of an establishment’s public thoroughfares from the doorways to the restrooms to the parking amenities.
Developers and operators of public establishments face increasing scrutiny from not only the Department of Justice but from private plaintiffs. As the ADA contains no true grandfather clause, many establishments, especially establishments built before 1990, contain ADA violations of which its owners often are unaware. For the past two decades, plaintiffs have sought out these establishments as targets for lawsuits based on the ADA’s near strict liability.
We represent developers, hotel operators, banks and other companies serving the public and aid those clients in their efforts to comply with the ADA and its state-law equivalents and to deflect unwanted attention. We have successfully helped our clients bring establishments into compliance and avoid litigation when possible. We have also litigated numerous ADA lawsuits when appropriate, winning significant victories for clients embroiled in unwanted, though unavoidable, litigation.
Our services include:
- Consultation on the meaning and application of Title III and ADAAG.
- Access to a developed network of architects and experts who can review drawings and designs and ensure compliance before construction.
- Consultations on post-build site inspections and compliance monitoring.
- Negotiation with the Department of Justice and state agencies to aid in litigation avoidance.
- Comprehensive litigation defense in U.S. District Court against governmental and private plaintiffs.
- Post-litigation monitoring.
Contact Kimberly Moses, Partner