How to Handle an ADA Lawsuit for Accessibility Barriers in California

Facing a lawsuit related to Americans with Disabilities Act (ADA) accessibility issues can be overwhelming, especially in California, where state and federal regulations are rigorous. California businesses, in particular, are often targeted by accessibility lawsuits due to specific state requirements that enhance the federal standards, like California's Unruh Civil Rights Act and the Disabled Persons Act. If you've been sued over ADA barriers, it's essential to take proactive steps to resolve the issue responsibly. Here’s a step-by-step guide on how to navigate this situation.

Step 1: Understand the Nature of the ADA Lawsuit

ADA lawsuits often arise from alleged violations of accessibility standards in public spaces. Common ADA barriers include:

• Inaccessible entrances or exits

• Non-compliant restroom facilities

• Improperly marked or inadequate accessible parking spaces

• Inaccessible signage or other public information resources

  
  

California has its own accessibility standards (California Building Code Chapter 11B) in addition to federal ADA standards, making it crucial to understand both sets of regulations.

Step 2: Consult an Attorney with ADA Experience

The first thing you should do is consult with an attorney who specializes in ADA and accessibility law. California’s accessibility laws are complex, and an experienced attorney will help you:

• Assess the validity of the claim

• Navigate the specific requirements of both federal ADA standards and California accessibility laws

• Guide you on responding to the lawsuit in a way that protects your interests

Attorneys can also help negotiate settlements, as many ADA lawsuits are resolved outside of court.

Step 3: Perform an Accessibility Audit

Hiring a Certified Access Specialist (CASp) is a proactive step that can benefit your case. A CASp can evaluate your property for ADA compliance and provide a detailed report that can be used in your defense. If issues are found, the CASp can also guide you on the necessary modifications.

A CASp inspection can have legal benefits, especially under California law.

For example:

• Legal Protections: If a CASp inspection was completed prior to the lawsuit, you may be eligible for certain protections, such as a 90-day stay on the proceedings and an early evaluation conference.

• Good Faith Effort: Demonstrating that you conducted a CASp inspection and addressed issues can show that you made a good-faith effort to comply, which may work in your favor during negotiations.

Step 4: Address Accessibility Issues

Regardless of the outcome of the lawsuit, addressing the identified accessibility barriers is essential. If accessibility barriers do exist, correcting them promptly not only reduces the risk of future lawsuits but also improves the accessibility of your business for all customers. In California, corrections to meet accessibility standards include:

• Adjusting the height and positioning of fixtures and signs

• Installing proper ramps or curb cuts

• Modifying restrooms for better accessibility

• Enhancing accessible parking spaces and paths

Step 5: Resolve the Lawsuit (Settlement or Trial)

Most ADA lawsuits are resolved through settlement, which is often a more cost-effective and time-efficient resolution than going to trial. In negotiations, your attorney can work toward minimizing costs while ensuring the accessibility modifications are feasible. If a trial is necessary, your attorney will build a defense based on your compliance efforts and address the specific claims made in the lawsuit.

Step 6: Implement an Ongoing ADA Compliance Plan

Once the lawsuit is resolved, the best way to prevent future claims is to maintain a commitment to ADA compliance. Consider ongoing accessibility audits by a CASp to ensure your facility remains compliant with both ADA and California accessibility standards.

Additionally:

• Train your staff on ADA requirements and disability etiquette

• Update your compliance plan with any changes in federal or state accessibility laws

• Regularly assess and address any new accessibility issues

Takeaways: Protecting Your Business

The best defense against an ADA lawsuit is a proactive approach to accessibility. Here are a few key points to remember:

• Know the Standards: Familiarize yourself with both federal ADA guidelines and California's unique accessibility requirements.

• Plan Ahead: Consider scheduling regular CASp inspections to ensure your property meets the required accessibility standards.

• Take Immediate Action: If faced with a lawsuit, take swift action to address any issues and consult with professionals who can help you resolve the matter effectively.

Remember, compliance isn’t just about avoiding lawsuits; it’s about creating an inclusive environment that welcomes everyone. By addressing ADA accessibility barriers now, you can make a positive impact on your customers and your business.

DISCLAIMERThe information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice tailored to your situation.