New ADA Laws Change Their Definitions Making It Easy To Get Sued
Business Owners: Beware, Congress recently made changes to the Americans with Disabilities Act. They tinkered with the requirements for places of public accommodation. To assist businesses in full compliance, a safe harbor was created for businesses/properties that previously complied with the old rules. So, if you were in compliance before the changes, you are ok today.
The challenge for the ADA Defense of business owners or property owners is that just because there was compliance on one issue doesn't mean they are in compliance on all issues. This is especially true when there is a lawsuit involved. Simply because you have been sued once, doesn't mean that your business or property can't be sued again.
There are many new issues which should be inspected before you can feel safe from an ADA threat. Some of the new cases we see in the court house have to do with ticket sales, condominium hotels, hotel reservations, parking requirements, accessible bathrooms, and requiring VRI (video remote interpreting) for all businesses.
Also, "service animal" is now only a dog or miniature pony. Therapy or emotional support animals are no longer considered ADA protected. Wheelchairs and power driven mobility devices such as Segways are also addressed in these new regulations.
There are so many intricate changes to the law, that a business owner should not wait until it is too late after their business or property has been sued. Make sure you are in compliance today.
As an West Palm Beach ADA Defense Attorney, I suggest that all business owners with a business open to the public discuss ADA compliance issues with an experienced ADA Defense attorney. Don't wait until you are served with an ADA Discrimination lawsuit, being prepared an save you a lot of time and headaches in the future.
Brian F. LaBovick, Esq.
Esther Uria LaBovick, Esq.
Mark R. Hanson, Esq.
Marcie Dodson, J.D.