Understanding the ADA: Avoiding ADA Lawsuits and More

Understanding the ADA: Avoiding ADA Lawsuits and More

The Americans with Disabilities Act (ADA) has had a significant impact on businesses and individuals throughout the United States. Enacted more than 30 years ago, the ADA continues to protect individuals with disabilities by promoting equal access and preventing discrimination.

Whether someone has a mobility impairment, visual disability, or another qualifying condition, the ADA helps ensure they have the same rights and opportunities as everyone else.

At Erie Custom Signs, our focus is ADA-compliant signage. However, we also strive to educate the sign shops we partner with on the broader aspects of ADA compliance so they can better serve their own customers.

Without a clear understanding of what the ADA covers, who it applies to, and how violations are addressed, business owners can unintentionally create accessibility barriers that may lead to ADA lawsuits, fines, or costly renovations.

Read on to learn how the ADA has evolved and why understanding its requirements remains important for businesses today.

A Brief History of the ADA

The first draft of the Americans with Disabilities Act was introduced in Congress in 1988. While developing the legislation, lawmakers modeled portions of the ADA after the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973.

On July 26, 1990, President George H.W. Bush signed the ADA into law.

Since then, the ADA has continued to evolve.

One of the most significant updates occurred on July 23, 2010, when Attorney General Eric Holder signed final revisions to the Department of Justice’s ADA regulations. These revisions, officially published on September 15, 2010, updated the regulations for:

  • Title II (State and Local Government Services)
  • Title III (Public Accommodations and Commercial Facilities)
  • The 2010 ADA Standards for Accessible Design
The 2010 revisions established that:
  • On or after March 15, 2012, public entities must comply with the 2010 Standards when making architectural changes to achieve program accessibility and for all new construction and alterations.
  • Public entities must also consider supplemental accessibility requirements for features such as swimming pools, play areas, and fishing piers when evaluating program accessibility.

Although the ADA has changed over the years, its purpose has remained the same: protecting the rights of individuals with disabilities by promoting equal access and reducing discrimination.

Who Must Comply with the ADA?

As mentioned above, Title II applies to state and local government services, while Title III governs public accommodations and commercial facilities.

Since most sign shops work with businesses that need ADA-compliant signage, Title III deserves particular attention.

Under Title III, businesses that serve the public must comply with applicable ADA accessibility requirements.

Examples of public accommodations include:

  • Schools
  • Restaurants
  • Hotels
  • Banks
  • Healthcare facilities
  • Retail stores
  • Recreation venues
  • Laundromats
  • Public transportation facilities
  • Social service centers

This list is not exhaustive. Business owners should familiarize themselves with the ADA requirements that apply to their facilities or work with experienced professionals who understand accessibility regulations.

Failing to meet ADA requirements can expose businesses to ADA lawsuits, required corrective work, and other costly compliance issues.

Recent ADA Lawsuits and Legislation

In recent years, numerous businesses have faced ADA lawsuits after individuals alleged that their facilities did not provide equal access.

Examples mentioned in the news have included:

  • A Florida shopping center sued over architectural barriers that restricted accessibility.
  • A California restaurant facing litigation over alleged accessibility issues.
  • A California pool hall that closed following ADA-related litigation.

ADA lawsuits continue to highlight the importance of proactively addressing accessibility concerns before they become legal issues.

In response, lawmakers have proposed legislation intended to address both accessibility and litigation.

One proposal, the ADA Education and Reform Act, sought to provide businesses with additional time to correct certain ADA violations before litigation could proceed.

Another proposal, the Disabled Access Credit Expansion Act, aimed to increase the available tax credit for accessibility improvements while expanding eligibility for more small businesses.

Regardless of future legislation, improving accessibility remains the most effective way to reduce compliance risks while creating spaces that serve everyone.


Takeaway

More than three decades after becoming law, the ADA is still misunderstood by many business owners.

That lack of understanding can unintentionally create barriers for individuals with disabilities while exposing businesses to lawsuits, fines, and expensive renovations.

For sign shops, contractors, architects, and business owners, understanding ADA requirements is an important step toward creating accessible, welcoming environments.

Although ADA-compliant signage represents only one component of overall accessibility, installing the correct signage is essential for helping buildings meet accessibility requirements.

For sign companies that don’t manufacture ADA signage in-house, partnering with an experienced wholesale ADA sign manufacturer helps ensure every project meets current accessibility standards while providing customers with confidence in the finished product.