ADA PUBLIC ACCOMMODATION LAWSUITS CONTINUE IN ALABAMA
Over the past several weeks, there have been a large number of Title III ADA public accommodation lawsuits filed around Alabama in federal court. These lawsuits, filed by the same law firm, use the same plaintiffs, who are disabled and often in wheelchairs, to visit various places of public accommodation and allege that they are denied full, safe and equal access to the properties due to their lack of compliance with the ADA. The plaintiffs are trained to spot violations of the ADA, including such things as improper signage for handicapped parking, the slope/grade of handicapped ramps, the size of entrance doors, the pressure needed to open doors, the width of bathroom doors and stalls, and various other violations. The way these suits usually proceed is that a lawsuit is filed, and then a meeting is requested to inspect the premises by the plaintiff's attorney and his architectural expert. If the owner of the property is willing to correct the deficiencies, and pay for the expert and attorney's fees, the case will be dismissed upon reaching agreement as to these issues. If not, the lawsuit continues.
Practice Pointer. The expense for correcting violations of the ADA in places of public accommodation can range from several thousand dollars to over a million dollars. When I am out and about, and go into places of public accommodations, such as gas stations, restaurants, shopping centers, etc., I notice violations of the ADA on a regular basis. It is advisable for owners of properties, that qualify as a place of public accommodation, do an ADA audit to make sure that they are in compliance with the ADA. Spending a little time and money up front to ensure compliance with the ADA may save a great deal of time and expense if a lawsuit is filed.
