Top ADA Violations
Barriers to Accessibility.
Construction-Related ADA violations are referred to “Barriers to Accessibility”. These are tangible elements in the built environment that prevent people with disability from accessing goods, services, programs, or activities. The most obvious example of a barrier to accessibility is a stairway that leads to a building entrance. If the only access into a facility is through a stairway, people with mobility disabilities are likely prevented from visiting that business. Many ADA requirements are not so obvious however. Did you know that an accessible parking stall that displays improper signage is considered a barrier to accessibility? Door hardware that requires tight grasping or twisting to operate is another example of a common ADA violation that prevents people with disabilities from equal access.
An important supporting document of the ADA Regulations is the ADA Standards for Accessible Design (ADAS). These standards are applicable to all public accommodations within the United States including new and existing facilities. The ADAS outline how to make a facility accessible to all. Businesses that fail to comply with the minimum requirements set fourth in the ADAS are likely considered to be discriminating against people with disabilities. Every ADA violation exposes a public accommodation to a potential lawsuit. But some ADA violations are more commonly litigated than others. Below are some of the most common barriers to accessibility that we come across.
Top ADA Violation Examples.
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Accessible Parking.
Site arrival points are among the most important elements to be accessible. This is because people with disability must first be able to arrive and approach a public accommodation in order to access goods and services. The two most common site arrival points are from parking and from the public sidewalk. Accessible parking stalls have many requirements including: Signs, Markings, Dimensions and Level Surfaces to name a few. Perhaps the most common reason that accessible parking violations are cited in ADA Lawsuits is because many of the ADA violations can be identified visually. Either in person, by driving by or by review satellite imagery.
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Accessible Entrances.
Accessible entry into Public Accommodations is fundamental to providing goods and services to people with disabilities. If a stairway is the only means of entry, then those stairs must be replaced with a ramp or platform lift if Readily Achievable to do so. Beyond approaching the entry door landing, persons with mobility disabilities must have proper and level maneuvering clearance in order to swing the door open. Accessible doors must meet several minimum requirements to be considered accessible: Width, Height, Hardware, Force, Speed and Threshold Height to name a few. Some door violations are visually apparent while others are not. All entry door accessibility requirements are important however.
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Accessible Counters.
Counters are a focal point for many businesses. Restaurants and hotels often greet or check in guests at a service counter upon arrival. Retailer typically provide point of sale services at a transaction counter before customers leave. Nearly every brick and mortar business will accommodate customers at one or more counter types and that is why providing accessible counters are so important. There are many different types of counters and each type may have different requirements that affect approach and toe clearance. One of the most apparent features of an accessible counter is the height. When an entire counter can only be used while standing, that is a clear indication that accessibility requirements are necessary.
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Accessible Seating.
Restaurant and hospitality facilities must pay close attention to maintaining accessible seating. This is because most ADA lawsuits filed against restaurants allege that failure to provide accessible seating is an ADA violation. A portion of each seating type must be accessible and provided in all areas of a dining establishment. The type of seating provided will determine which requirements to apply. It is not just table height that qualifies a table to be considered accessible. Knee and toe clearances and equivalent experiences are often overlooked features of accessible seating.
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Ramps & Curb Ramps.
Ramps are a common way to provide access from one level to another. When constructed properly, the provide an accessible route for people with and without disabilities. Ramps and curb ramps are complex architectural elements (especially when added to existing facilities). The differences between the ADA and California Building Code requirements are also significant. These two factors have lead to the construction of thousands of non-compliant ramps and curb ramps. It is no wonder why so many owners learn of ramp violations after an ADA lawsuit has been filed. Taking a proactive approach by consulting with a CASp Inspector is the best way to evaluate the condition of ramps and curb ramps.
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Accessible Restrooms.
Restrooms often contain ADA violations simply due to the fact that there are so many different features and dimensions to comply with. A single restroom can have dozens of barriers to accessibility that may not be easily identified by a layman. However, people with disabilities tend notice missing or non-compliant accessible features. For instance, if grab bars are not installed around a toilet, someone in a wheelchair may not be able to safely transfer onto the toilet. The differences in the ADA requirements and California Building Code requirements can vary greatly. We recommend getting restrooms inspected by a Certified Access Specialist before creating a barrier removal plan for restroom facilities.
Certified Access Specialist.
The best way to avoid ADA violations and create a barrier removal plan is to consult with experts that work in this field daily. Not only will owners of CASp inspected facilities have peace of mind that they are on the right path to providing disability access, but they also receive special legal benefits to mitigate ADA lawsuit risk. Our experienced Certified Access Specialists have inspected hundreds of different facilities.
If you are interested in receiving a free estimate to have your facility CASp Inspected, click on the button below.