ADA and WCAG Defense  Attorneys

CALL 1-855-566-2355 (855-JON-BELL) FOR YOUR FREE CONSULTATION

When companies find out they are being sued for ADA or WCAG non-compliance, they either believe there has to be some mistake or feel angered that they are part of some scam.

We understand that frustration.

To make matters worse, now you have to hire an attorney and spend money to defend a lawsuit.

Unfortunately, that is the reality of the situation. Signing up clients for us is bitter sweet.  We ask business owners that feel like they did nothing wrong and are being taken advantage of to hire us and pay for our services.

However, what you get is (1) a Law Firm with knowledge and experience in defending businesses in these cases; (2) Fair and honest work at a reduced hourly rate in an attempt to keep the costs of our services affordable; (3) Strategies that significantly reduce or eliminate these types of Lawsuits being filed against your Company in the future.

The Bell Law Group, PLLC represents Companies in the following areas:

(1) A company is currently being sued by an individual with a disability and there is an allegation that the physical premises that is owned, operated, maintained or leased by the Defendant somehow violates the ADA, Title III in that doesn’t allow equal access for individuals in wheelchairs due to steps, table size, aisle size and/or lack of access to the restroom. For more information on Physical Premises and the ADA or if you are being sued for a violation relating to Physical Premises click here;

(2) An allegation that a Defendant’s website is not in compliance with the ADA, Title III in that it doesn’t allow equal access for the visual or hearing impaired as the software typically used by these individuals cannot adequately translate the full extent of the website wherein they cannot fully enjoy what the website has to offer.  For more information on Company Websites and the ADA or if you are being sued for a violation relating to the Company’s Website click here;

or

(3) A Company became aware of these lawsuits and hires the Bell Law Group, PLLC to consult with them on how to bring either their premises and/or website into compliance with the ADA, therefore eliminating or drastically reducing the chance that a lawsuit of this nature will be initiated against their Company. If you are interested in our consulting services for your Premises or Website, click here.

So your business is being sued for an Americans with Disability Act (ADA) violation, what should you do now?

You probably are asking yourself: Am I responsible? Did I do anything wrong? Is it my responsibility or someone else’s?  Can I resolve this? How much will it cost?  Is my building exempt because it is over 100 years old? Is my website compliant with the ADA? Is there even such a law that regulates websites? If there is, maybe the law does not apply to my website?

These are questions that only an experienced law firm like the Bell Law Group, PLLC can answer with confidence.  We have successfully defended these lawsuits on behalf of multimillion-dollar businesses, such as supermarkets, major restaurant chains, as well as small, independently owned restaurants and local businesses, such as local deli’s, pizza parlors, etc.

Contact us to discuss how our experienced ADA defense team can properly represent, protect and defend you, your business, and your assets, from ADA lawsuits.

What is the ADA and What is its Purpose?

The ADA is a Federal law that prohibits discrimination against individuals with disabilities.  Title III of the ADA prohibits discrimination on the basis of disability in the activities of places of public accommodations, which is specifically defined under the statute to include businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities and doctors’ offices.

The ADA requirements are less strict for existing facilities built before 1993 than for facilities built after early 1993, or modified after early 1992.

How do you know if your business is covered under the ADA, and if so, what are your responsibilities as a business owner?

If your business serves the public, then you are likely covered under the ADA and have obligations for your existing facility, as well as for compliance if your facility is altered or a new facility is constructed.  As an owner of a business serving the public, your facility must be accessible to accommodate people with disabilities.  Likewise, your website needs to be accessible to people with disabilities as well.  The ADA requires that the business improve its accessibility if the owner can do so without taking on excessive expenses that could harm the business.

The general standard is that businesses must remove physical barriers that are “readily achievable”, which has been defined to mean easily accomplishable without much difficulty or expense. When profits are down, barrier removal may be reduced or delayed.

Barrier removal is an ongoing obligation.

When a business removes barriers, it should follow the design requirements for new construction in the ADA Standards for Accessible Design.  For websites, you want to ensure it can be adequately read by technologies utilized by the disabled.

Does my business have to maintain policies that comply with the ADA?

Yes. Businesses may not have policies or procedures that exclude or limit participation by people with disabilities.

Examples:

• Stores must have accessible entrances.
• If a store has a policy that excludes all animals, the policy must be amended to permit service animals such as “seeing-eye-dogs” and “hearing-assist-dogs”, thus allowing disabled individuals to enter the store with their service animals.
• A restaurant should not restrict seating of people with disabilities to one area.
  
• Your website must be accessible by ensuring screen reading software or other assistive technologies are able to fully function on the site.

What are the penalties if I fail to comply with the ADA?

Remedies available to a Plaintiff may include a permanent or temporary injunction, restraining order, or other order.  In the case of violations of the requirements for readily achievable barrier removal or for accessible new construction and alterations, remedies to correct a violation may, as appropriate, include an order to alter the facilities that do not meet the requirements of the Act to make them readily accessible to and usable by individuals with disabilities. Also, the remedies may include requiring the provision of an auxiliary aid or service, modification of a policy, or provision of alternative methods of barrier removal.  Successful plaintiffs can also recover attorneys’ fees and other costs associated with the litigation.

Please also be mindful that there are state laws which could subject a business to punitive damages for non-compliance.

Do I have any defenses?

It is important to note that different standards apply under the ADA depending on whether the case involves an existing facility, new construction or an alteration under the ADA.  Therefore, available defenses may differ.

Here are some common defenses that can be utilized:

• Compliance is not “readily achievable.”
• Compliance would create an undue burden on the business.
• Plaintiffs do not have standing to bring the lawsuit.

If I wasn’t aware of all of this and I think I may be responsible, what should I do?

Give us a call at 1-855-566-2355 (855-JON-BELL). Our consultation is free.  We can work on your defenses and minimize your exposure if there is any.  Our goal is to put this litigation behind you so you can focus on your business and avoid these types of lawsuits moving forward.  We look forward to hearing from you.

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