Commercial real estate owners and operators face significant obligations under the Americans with Disabilities Act (ADA), which was enacted to ensure equal access for individuals with disabilities. Understanding these requirements is essential for property managers, developers, and legal advisors like James Neeld. Lawyers specializing in this area help clients navigate compliance issues and develop strategies to avoid costly litigation while ensuring properties remain accessible to all.
Design and Construction Requirements
The ADA establishes specific architectural standards for new construction and renovations of commercial properties. These standards, detailed in the ADA Accessibility Guidelines (ADAAG), provide comprehensive specifications for accessible design elements.
“The most challenging aspect of ADA compliance is understanding the technical requirements,” explains James Neeld. Lawyers with expertise in this field often consult with architects and engineers to ensure designs meet federal standards while remaining functionally and aesthetically appealing.
Key design requirements include:
Accessible entrances and routes with minimum clear widths Proper ramp slopes and handrail specifications Accessible parking spaces with appropriate signage and location Elevator access for multi-story buildings Compliant restroom facilities with adequate turning space and grab bars Appropriate counter heights and reach ranges Tactile signage and other communication elements
For new construction and alterations initiated after March 15, 2012, the 2010 ADA Standards for Accessible Design apply. These updated standards include requirements for recreation facilities, swimming pools, play areas, and other specialized spaces not covered in previous guidelines.
Compliance with these standards must be addressed during the design phase to avoid expensive retrofitting. When negligence occurs in this planning stage, property owners may face not only remediation costs but also potential legal liability. James Neeld’s lawyer colleagues often emphasize that prevention through proper design is far more cost-effective than addressing violations after construction.
Existing Facility Obligations
For buildings constructed before the ADA’s enactment, different standards apply. Title III of the ADA requires the removal of barriers in existing facilities where “readily achievable” – defined as “easily accomplishable and able to be carried out without much difficulty or expense.”
Several factors determine what is considered “readily achievable”:
The cost of the necessary modifications The financial resources of the facility owner The size and type of operation The overall impact on operations
“The ‘readily achievable’ standard creates a sliding scale of obligations,” notes James Neeld. “Lawyers must help clients determine what’s reasonable based on their specific circumstances.” This flexible standard recognizes that smaller businesses may have limited resources compared to larger enterprises.
Priority should be given to measures that provide the greatest access. The Department of Justice suggests addressing barriers in this order:
- Entrance access from public sidewalks, parking, and public transportation
- Access to areas where goods and services are provided
- Access to restroom facilities
- Any remaining necessary measures
Documentation of barrier removal efforts is crucial for defending against potential claims. Property owners should maintain records of accessibility assessments, planned modifications, completed work, and reasons for any delays or technical infeasibility.
Barrier Removal Considerations
When evaluating existing facilities for barrier removal, property owners should conduct a thorough accessibility audit. This systematic assessment identifies potential barriers and establishes priorities for removal.
Common barriers requiring attention include:
Steps without ramp alternatives Narrow doorways and corridors Inaccessible restrooms High service counters Lack of directional signage Insufficient clear floor space for wheelchair maneuverability Protruding objects in circulation paths
The barrier removal process should be ongoing as resources become available. Businesses should develop a written implementation plan with timelines for completing modifications. When immediate removal isn’t feasible, alternative methods of providing access might be appropriate, such as curbside service or staff assistance.
Failure to address known barriers can create significant legal exposure. Cases involving negligence in barrier removal have resulted in substantial settlements and court orders requiring immediate remediation. James Neeld, lawyer for several commercial property clients, advises that regular property assessments are essential for identifying and addressing potential compliance issues before they lead to complaints.
Defense Strategies for Claims
Despite good faith efforts, ADA claims against commercial property owners continue to rise. Understanding defense strategies is crucial for property owners and managers.
Effective defenses may include:
Demonstrating ongoing barrier removal efforts. Courts generally view favorably defendants who can show they’ve been actively improving accessibility, even if complete compliance hasn’t been achieved.
Proving technical infeasibility. In some cases, full compliance might be structurally impossible or would fundamentally alter the nature of goods and services provided.
Establishing undue burden. If a modification would require significant difficulty or expense relative to a business’s resources, this may constitute a valid defense.
Mootness. If remediation occurs before a case is decided, courts may dismiss the claim as moot, though plaintiffs may still recover attorney’s fees.
“The best defense strategy begins long before a claim is filed,” explains James Neeld. “Lawyers specializing in ADA compliance help clients implement proactive measures that significantly reduce legal exposure.”
Developing an ADA compliance plan demonstrates commitment to accessibility and can serve as evidence of good faith efforts. Such plans should include:
Regular property assessments by qualified professionals Documentation of all barrier removal efforts Staff training on ADA requirements and disability etiquette Procedures for addressing accessibility complaints Timeline for ongoing improvements
When claims do arise, early engagement with qualified legal counsel is essential. Experienced attorneys can evaluate the merits of claims, negotiate reasonable settlements when appropriate, and develop strong defense strategies when litigation is unavoidable.
Conclusion
ADA compliance in commercial real estate requires an ongoing commitment to accessibility and inclusion. Property owners must navigate complex and evolving requirements while balancing practical and financial considerations.
By understanding design requirements, existing facility obligations, barrier removal priorities, and defense strategies, commercial property stakeholders can minimize legal exposure while ensuring their facilities welcome all potential customers, employees, and visitors.
Working with knowledgeable professionals, including architects, contractors, and legal advisors like James Neeld, lawyers can develop comprehensive compliance strategies tailored to specific property needs. The investment in ADA compliance not only reduces legal risk but also expands market reach by making facilities accessible to the approximately 61 million Americans with disabilities.
As standards continue to evolve through new regulations and court interpretations, staying informed about ADA requirements remains an essential aspect of commercial real estate ownership and management. Proactive compliance efforts today can prevent costly litigation tomorrow while contributing to a more accessible and inclusive built environment for all.
Venture 