Carl Brahe
Businesses across the country have been sued for violations of ADA standards that are meant to provide equal access to good and services to people with disabilities. It can be argued that these lawsuits are often frivolous and may even be filed by people who have never visited the business being sued. There even appears to be some that are filed by visiting the business by Google Earth. The number of available accessible parking spaces are counted to discover if enough are provided in compliance with ADA standards. Google maps may also provide some information about proper signage and slope of parking spaces.
Even though many lawsuits are filed without merit many are legitimate. Legitimate complaints may be presented to business owners with a request to address barriers to people with disabilities. Many businesses are presented with lawsuits with no warning or opportunity to correct deficiencies. Often these lawsuits are settled by a payment to the plaintiff and representing attorney with no action being taken to remove barriers. Some defending attorneys call this legalized extortion.
The complaints most commonly involve parking and restrooms. Parking violations are the easiest targets. The slope of parking spaces must be correct to prevent problems like run away wheelchairs. The signage must be proper in form and height. The surface must be in good condition. The spaces must be placed properly in the parking lot with proper curb ramps. A quick drive by can provide most of this information.
Restroom complaints are also easy prey, but require actually entering and measuring the room and fixtures. Most often complaints revolve around door hardware, height of soap and towel dispensers, distance of toilets from walls, grab bars, placement of toilet paper dispensers, height of mirrors, sink issues or any of the many other exact requirements related to restrooms. The complexity and extensive nature of the ADA standards for restrooms may make it hard to comply. Even architects, who tend to be the best authority on ADA standards, may find the standards confusing and hard to meet.
Even who is responsible for ADA violations can be confusing. Landlords often include a clause in leases that specify that business owners that lease buildings or individual units in the properties they own are liable for all ADA compliance. Other landlords believe that they are responsible for compliance with only the exterior standards that include parking and route of travel to the entry for businesses. Court rulings have found that both are liable and responsible for compliance inside and outside.
Here is an article by Andy Marso from www.accessibilty.com that provides more detail: https://www.accessibility.com/blog/who-is-responsible-for-ada-compliance-in-commercial-buildings?fbclid=IwAR3XPrpyyETXKo438qKUD5MHv01XiJnL4DBoJdSYAEnDk3pWvxLzSObnnU8