Title III ADA Public Accommodation
Retailers, franchisees, bankers, design and construction professionals, restaurateurs, hoteliers and commercial property owners from the smallest gas station to mega-malls all have certain public accommodation obligations under Title III of the Americans with Disabilities Act (ADA). These obligations extend beyond providing reasonable access accommodations to premises and products on the shelves, and also include each organization’s policies, practices and operating procedures.
Compliance with Title III of the ADA is not limited to physical structures. In many jurisdictions courts have held that websites constitute public accommodations for purposes of Title III. The Department of Justice (DOJ) also issued an Advance Notice of Proposed Rulemaking signaling a website is within the scope of Title III so long as it provides goods and services within one of the twelve categories of public accommodations listed in the ADA.
Lane Powell Knows the Title III ADA Landscape
Noncompliance with the law presents significant litigation risk. Title III of the ADA allows for the DOJ to file enforcement suits. Nationwide class actions have also been asserted to enforce compliance with the ADA’s public accommodation requirements.
Our attorneys have experience advising and representing these industries and clients, and ensuring their awareness of the latest regulations and initiatives by disability and advocacy groups.
Lane Powell Defends Litigation and Investigations Involving Title III ADA Compliance
Lane Powell’s Title III ADA attorneys include employment, construction, and intellectual property lawyers (some of whom are engineers) with extensive backgrounds in ADA compliance and litigation, including defending large retailers, franchisees and companies in the hospitality industry in nationwide class action suits.
Lane Powell’s decades of experience representing design professionals allows our team to bring unparalleled strategic insights and perspective to clients facing ADA compliance issues related to facility accessibility and reasonable accommodations.
Lane Powell’s Regulatory Expertise, Counseling and Compliance
We regularly advise design professionals and companies in the hospitality and retail industry on cutting-edge issues, including wheelchair accessibility issues. Nationally prominent businesses have tapped Lane Powell to help them address compliance issues created by Title III.
Some of the services Lane Powell provides include:
- Keeping clients up-to-date on applicability of ADA standards and regulations;
- Determining what ADA rules apply to various facilities, given the age of the facility and changes made to the facility;
- Defending owners and design professionals in all forms of disputes including nationwide class actions asserted against businesses in the hospitality and retail industries;
- Retaining knowledgeable experts for attorney-client privilege audits of facilities to assess ADA compliance issues;
- Providing insights on how clients can renovate current facilities, or build new facilities in compliance with changing ADA accessibility requirements;
- Informing franchisors how to avoid ADA liability for franchisee operations;
- Advising landlords and tenants on their responsibilities related to ADA compliance, and assisting in drafting leases to protect against liability for the same;
- Defending retailers and businesses in service-animal claims; and
- Creating ADA compliance policies and training programs to provide for reasonable accommodations for customers with disabilities.
Lane Powell’s Title III ADA Practice Group has just the right experience, knowledge and insights to advise you on ADA compliance, and defend you against claims of noncompliance.