Claims asserted under the Americans with Disabilities Act have been a frequent source of litigation for retail, hospitality and food service companies. Under the ADA, companies that offer products or services to the public are required, at their physical locations, to comply with a series of specific architectural requirements that are designed to ensure equal access to these locations by persons with disabilities. When a company’s facility is not constructed in accordance with these standards, they can be sued under the ADA and may be forced to modify their property.
While these claims often are frustrating for companies that normally use their best efforts to make their properties accessible and may perceive these alleged violations as being hyper- technical in nature, fortunately it often is clear what standard a particular physical element needs to meet. For instance, if an accessible sales counter must be no more than a certain number of inches high, it is usually clear based on a simple measurement whether the counter is compliant.
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