The Americans with Disabilities Act (ADA)
We Proudly Represent Clients in ADA Litigation
The Americans with Disabilities Act (ADA) is a civil rights law passed in 1990, upon a congressional finding that persons with disabilities were subject to discrimination. The ADA left it to the Justice Department to formulate the precise way in which architectural barriers would be redressed. In response, the Justice Department drafted (and continues to update) the Americans with Disabilities Act Accessibility Guidelines, also known by the acronym ADAAG.
The ADAAG is a comprehensive code, setting out the precise specifications and requirements needed to ensure accessibility. Buildings in existence prior to the effective date of the ADA are required to comply with the ADAAG to the extent "readily achievable" (i.e. accomplishable without undue burden or expense). This is a subjective standard, and varies by property. Conversely, buildings constructed after the effective date of the ADA are required to comply with the ADAAG, without exception.
Most businesses in violation of the ADA are housed within building that pre-date the law (since almost all post-ADA buildings comply with the required specifications). These older buildings are often subject to litigation when disabled individuals encounter deviation from ADAAG standards.
Nolan Klein, Esq. has litigated dozens of ADA cases. Persons and entities in need of representation related to ADA issues and litigation should feel free to contact our offices for a free legal consultation.