Retail
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Abusive ADA Litigation – the answer is local, not legal
Tens of millions of dollars are wasted each year on litigation under the Americans with Disabilities Act. The money is wasted because instead of going directly to improvements that make businesses more accessible, the money goes to lawyers. Diverting money from remediation to litigation is the real tragedy of so called “drive-by” lawsuits. . Every… Continue reading
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ADA Maintenance – An ounce of prevention . . . .
One of the many ADA risks that businesses face is the risk of sliding into non-compliance through maintenance failures. This seems to come up most often in the context of parking, because the markings required for accessible parking are exposed to the weather and to wear from car tires. I recently settled a case of… Continue reading
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Allergies and the ADA: Restaurants do not have to be gluten-free
Many restaurants have responded to consumer demand by offering various alternative menu items to satisfy special dietary needs or desires. One of the most popular is gluten free alternatives for those who need or want a gluten free diet. A recent case from California makes it clear that these options are not required by the… Continue reading
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Trash talk – ADA problems in the restroom.
Last week I wrote about the ADA problems created by point of sale displays. The same case, Kalani v. Starbucks Corp., 2015 WL 846651, at *4 (N.D. Cal. Feb. 25, 2015), includes a warning about trash cans and restrooms. In many older buildings, including those built after the ADA standards went into effect, restroom size is a… Continue reading
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POS Marketing and ADA Compliance – you can’t have it both ways.
I’ve written twice recently about temporary barriers to access (“You’ve got to walk the walk” and “You’ve got to walk the walk part II). It is an issue that will probably never go away because standard point of sale marketing techniques are very likely to conflict with the ADA. The latest decision is one in… Continue reading