You need to encourage the businesses in your district to Get ADA Compliant NOW!
It’s not a scare tactic and it’s not a joke.
I have experienced for myself the abuse of ADA Compliance scam litigation. While there are valid and legitimate ADA non compliance claims, there are a bunch of scams emerging that are totally off the wall. It happened to one of the non-profits I work with almost everyday! More than $5000 out of pocket later, the small non-profit businesses continues, however there have been many small businesses that have not been as fortunate. Many businesses have closed their doors as a result of this scam.
It can happen to any of the properties or businesses in your district
The scenario went something like this. A van pulled up, took some photos of the exterior of the business. Slightly strange, but nothing glaringly wrong happened. A short time later, they receive an official letter in the mail. It states that because their business is not ADA Compliant someone who is disabled, is suing. Stating that this individual could not do any business at their establishment because there were not ADA accessible.
Their choice is either battle it out in court or pay a ridiculous settlement. Over and over again this story played out in Sacramento and across multiple other cities in California to the tune of hundreds of thousands of dollars. Just google it. The stories may have varying details, however they are the same. Venomous individuals who know the loopholes in the law using it to their advantage to rob small and large businesses of their hard earned money! Ok, I am getting off my soapbox now.
Here is the point: Let your owners know you care
As an Executive Director or staffer, you need to make your owners are aware. One district I know of in the East Coast had one of their businesses just hit with one of these for over $10,000. Now, your district is obviously not responsible for this craziness, but you and your staff should be super proactive in making sure that your property and business owners are fully aware that this could possibly happen if they are not ADA Compliant.
The truth is, all businesses should be ADA Compliant, it’s the law.
So remind them to take the precautions, and make the necessary adjustments, which may cost them a little bit up front, but way cheaper than paying a settlement for a lawsuit, not matter how bogus they think it is. It will save them a lot of heartache, heartburn and a lot sleepless nights too.
I came across this website that may have some good info to get started: https://www.ada.gov/civiccommonprobs.html