The past few days have seen another round of complaints against
Arizona businesses alleging violations of Title III of the Americans with Disabilities Act, which
guarantees equal access to public accommodations for individuals
with disabilities. Similar complaints have been filed in successive
waves over the past year by a number of serial plaintiffs. As an
example, David Ritzenthaler is the named individual plaintiff in
more than 500 lawsuits filed this year alone, asserting violations
of the ADA's technical requirements for parking lots and
accessible parking spaces.
Title III applies to a broad range of private businesses, known as
"places of public accommodation," including hotels and
motels, food service establishments, entertainment venues, museums
and galleries, recreational facilities, educational and social
service institutions, and establishments that sell or rent goods
and services to the general public. These businesses are forbidden
from discriminating against individuals with disabilities and must
comply with accessibility standards under the ADA. The U.S.
Department of Justice has established detailed guidelines concerning accessibility
standards, including requirements for parking lots, sidewalks,
walkways and stairways, restrooms, telephones and fire alarms,
counters and tables, dressing rooms, windows, water fountains, and
swimming pools, and compliance with these standards is
mandatory.
If a place of public accommodation is found to be in violation of
the ADA's accessibility requirements, it may be ordered to come
into compliance and pay monetary damages resulting from the
violation, along with the plaintiff's attorneys' fees and
costs for the litigation. Businesses should review their facilities
to ensure compliance with the current guidelines and standards to
avoid potential liability, especially in light of the recent glut
of Title III lawsuits. And, if they are unsure about compliance,
seek appropriate guidance to help address this issue.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.