What Authority Does the ADA Have?

The Americans with Disability Act (ADA) has helped millions of people have safe and easy access to schools, offices, and other places of business with ADA railing and wheelchair ramps.

And as a business owner, having this easy and safe access for all your employees and customers is crucial to their well-being and to your business.

But you may be wondering, “Why do I need to follow everything the ADA has laid out? The ADA doesn’t have any power.”

To which I would reply, “Don’t spoil the rest of the article! But also, that’s not entirely true.”

In this article, we will be discussing what authority the ADA has, if/what they can fine your business, and how us here at Simplified Building can help you with ADA guidelines.

 

Who Enforces ADA Laws? 

ADA is a set of laws, regulations, and standards that isn’t its own agency like OSHA. But that doesn’t mean it lacks power or authority. 

The ADA has different categories of their regulations: 

• Title I: Employment. 
• Title II: State and local governments. 
• Title III: Businesses open to the public. 

Focusing on Title III, if your business is open to the public, you must follow the regulations they have laid out… but who’s going to enforce these rules? 

The Department of Justice enforces these rules at the federal level, along with other U.S attorney offices throughout the country.  

The DOJ and D.A. have the authority to make sure your business is meeting ADA standards. They can investigate, issue fines, and bring about lawsuits if any business is in violation of ADA regulations. 

 

ADA Fines and Violations 

When it comes to fines and violations, this is where it becomes situational. 

If the DOJ or D.A. are contacted and find violations during their investigation, it’s not going to be pretty. The maximum fine for a first offense of Title III is $75,000, and the maximum for a second offense and any further violations is $150,000. 

But those fines are nothing compared to what could be lost in a potential lawsuit.  

For example, in the United States v. Chicago Baseball Holdings, LLC, Wrigley: 

On July 14, 2022, the U.S. Attorney's Office for the Northern District of Illinois filed a lawsuit under Title III of the ADA against the various ownership organizations of the Chicago Cubs for its failures to design and construct additions and make alterations that are readily accessible to and usable by individuals with disabilities as required by the ADA. The complaint alleges violations of the relevant ADA Standards for Accessible Design, including the 2010 Standards, in a wide range of areas throughout the facility, including wheelchair seating, accessible routes, and other features, elements and amenities throughout the Wrigley Field facility.

The Chicago Cubs were not keeping people SAFE, they were called OUT for it, and must make sure they HIT all ADA standards moving forward. 

I hope you CAUGHT all those baseball puns... I’m sorry. 

 

Meeting ADA Standards 

Why am I telling you all of this? This has seemed like I’m trying to scare you. Trust me, I’ll end this on a positive note. 

Being a business owner, protecting your people (both employees and customers) should be a top priority. This shows that you care, which helps boost your reputation. It goes a long way to ensure you won’t be facing any fines or ADA violations. 

Check all your access points. Can they be easily accessed by someone with a disability and are they just safe for anyone to access (i.e. proper handrails, clearing of debris, and no other barriers to enter)?  

Review your floor plan. Can someone with a disability navigate through your business? Doing these small checks can help prevent any potential safety hazard to a customer or employee and can protect you from any fines or lawsuits. 

 

In Review 

The ADA is not just something set up to make more rules for you to follow. It was created, and continues, to provide greater opportunities for people to get jobs and access places open to the public. 

If you have any questions about how you can incorporate safe and easy access around your business with ADA compliant handrails and wheelchair ramps.

Please contact our team who would love to answer your questions and help you become ADA compliant.