We are devoted to protecting the rights of clients who have suffered a loss as a result of discriminatory violations of Americans with Disabilities Act (ADA).
We represent those who have been denied basic rights and access to public accommodations and use of public utilities.
The Americans with Disabilities Act was designed to secure the entitlement of Constitutional provisions mandated by the Department of Justice-14th Amendment to the Constitution (Americans with Disabilities Act) for people with disabilities. As a General rule no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
The ADA was specifically designed to provide a private right of action. The United States Congress put the power of enforcement and action into the hands of the discriminated, people with disabilities.
The way the act is set up, when people with disabilities encounter access discrimination, it up to them individually to bring suit to enforce their right of access.
History of the ADA
The Americans with Disabilities Act was passed by the United States Congress in 1992. While millions of business and governments have acted in good faith to implement design and structural changes in places of public accommodation, millions of other businesses have turned a blind eye to the needs of the disabled. The ADA act has helped millions of Americans and visitors with disability achieve equal treatment for disabled individuals from birth to death, fair and equal treatment and access under the law.
Why are there still Barriers to Public Accommodations for People with disability?
People with disability encounter barriers to their normal existence and pursuit of their dreams everyday. History shows that there are two types of business owners:
1) One that recognize that providing barrier free access to their public accommodation is not only the right and legal thing to so, but it the right business decision to increase the market for their services.
2) Business owner that are willfully ignorant and have no intention of providing barrier free access to our fellow citizens that have disabilities. (its been over 20 years, what no one realize that step or stairs in-front of their business might be a problem?)
Title III – Public Accommodations (and Commercial Facilities)
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. “Public accommodations” include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things.
Title III also has application to existing facilities. One of the definitions of “discrimination” under Title III of the ADA is a “failure to remove” architectural barriers in existing facilities. This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether “removing barriers” (compliance with the ADAAG) is “readily achievable,” defined as “easily accomplished without much difficulty or expense.”
The statutory definition of “readily achievable” calls for a balancing test between the cost of the proposed “fix” and the wherewithal of the business and/or owners of the business. Thus, what might be “readily achievable” for a sophisticated and financially capable corporation might not be readily achievable for a small or local business.
September 15, 2010, the Department of Justice issued revised regulations for implementation of Titles II and III, effective March 15, 2011. The rules contain many new requirements for public accommodations.
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