Petrogram - Summer 2016 - (Page 17)
Strategies in ADA
By lourdes Espino Wydler, Esq.
itle III of the American Disabilities Act sets forth the prohibition against
discrimination by stating:
"No individual shall be discriminated against on the basis of disability in
the full and equal enjoyment of the goods, services, facilities, privileges,
advantages or accommodations of any place of public accommodation
by any person who owns, leases (or leases to) or operated a place of public
accommodation." 42 U.S.C. § 12182(a).
Gasoline retail facilities and c-stores
are within the ADA's definition of public accommodation. the Department of
Justice updated its ADA Standards for
Accessible Design in 2010. these replaced
the original ADA Standards issued in
1991 and became mandatory for newly
constructed and altered facilities as of
March 15, 2012.
A common misconception is thinking
there are exceptions to existing properties.
there is no "grandfather clause" exempting older facilities. Older facilities are obligated to make renovations that are "readily
achievable," which means that removing
the barriers obstructing access is easily
accomplished without much difficulty or
expense. these renovations can include
changing signage, door handles, grab bars,
and providing access aisles in the parking lot. "Drive-by" lawsuits are brought by
individuals with the express purpose of
finding a violation.
Under any scenario, compliance is the
best defense to a title III claim whether
it occurs in the design and construction phase or later upon being notified.
Violations of disability access laws are
usually discovered when a disabled person's lawyer sends a demand letter or files
a federal court action. An attorney should
be contacted immediately to determine
the accuracy of the allegations made and
any defenses possible. Every evaluation
of a property subject to suit under the
ADA is reviewed on a case-by-case basis.
If, in fact, there are legitimate disability
violations identified by an architect or
other expert depending on the technical and scope requirements alleged, it
is best to resolve the matter as quickly
OLDEr FaCiLiTiEs arE OBLiGaTED TO MakE
rEnOVaTiOns ThaT arE "rEaDiLY aChiEVaBLE,"
whiCh MEans ThaT rEMOVinG ThE BarriErs
OBsTrUCTinG aCCEss is EasiLY aCCOMPLishED
wiThOUT MUCh DiFFiCULTY Or EXPEnsE.
Table of Contents for the Digital Edition of Petrogram - Summer 2016
2016 Sunshine EXPO Preview
Industry Grapples with Concerns to Accommodate EMV at Fuel Islands
The Buzz on Beverages
Strategies in ADA Public Accessibility
9 Marketing Missing Links Costing You Revenue You Deserve
Calendar of Events
Index of Advertisers/Advertiser.com
Petrogram - Summer 2016