IS YOUR COIN LAUNDRY
“ACCESSIBLE?”
There was a time when coin laundry operators only spoke of
entering or leaving their businesses.
No more! Since the
advent of the Americans with Disabilities Act (ADA), a new word has appeared in
their vocabulary:
accessibility.
The provisions of the ADA took effect on January 26, 1992. All buildings constructed after that
date must adhere to the requirements of the
ADA; and, buildings that were
constructed up to this date must make “readily achievable”
alterations.
In determining whether or not an alteration is “readily
achievable,” the law requires that a business owner determine whether the
modification can be accomplished “without much difficulty or expense.” Inexpensive steps to be undertaken by a
business owner generally include the following:
1.
Ramping one step,
2.
Installing a bathroom grab bar,
3.
Lowering a paper towel dispenser,
4.
Rearranging furniture,
5.
Installing offset hinges to widen a doorway, or
6.
Painting new lines to create an accessible parking
space.
The ADA does not
require a business owner to remove barriers to accessibility overnight. A government website on this subject
notes that:
“A small business may find that installing a ramp is not
readily achievable this year, but if profits improve it will be readily
achievable next year. Businesses
are encouraged to evaluate their facilities and develop a long-term plan for
barrier removal that is commensurate with their resources.”
A written plan, containing a budget provided with an
accountant’s input, may thus prove helpful in defending an action asserting a
violation of the ADA. It is always
useful to demonstrate that you seek to comply with, rather than ignore, the
law.
Enforcement of the
ADA is undertaken by the Department
of Justice which seeks compensatory damages and civil penalties. The U.S.
Department of Justice maintains a website entitled “Information and Technical
Assistance on the Americans with Disabilities Act” which can be found at
www.ada.gov. You may also
reach an ADA telephone information line at (800) 514-0301.
In recent years, private, disabled individuals have also
filed legal actions asserting violations of the ADA. A number of these lawsuits have been
commenced against coin laundry operators.
These individual actions allege a failure to comply with
state and federal access laws, assert claims of discrimination, a violation of
civil rights in that there is a denial of equal access to the use and enjoyment
of the business, negligence, and seek injunctive relief and compensatory
damages. Many of the complaints
filed are so-called “form” complaints which allege every violation imaginable
and may simultaneously be brought against every small business within a shopping
center.
Some complaints merely quote the requirements of the statute
alleging that the business has violated each and every one of the
requirements. In these
circumstances, a business defendant is put to the burden of conducting discovery
by interrogatories or depositions in order to ascertain the specific violation
with which the disabled plaintiff is concerned.
One such complaint, for example, alleged the following
general violations without identifying the manner in which any violation
occurred:
“Plaintiffs are informed and believe, and thus allege that
architectural barriers which are structural in nature exist at the following
physical elements of Defendants’ facilities: Space Allowance and Reach Ranges,
Accessible Route, Protruding Objects, Ground and Floor Surfaces, Parking and
Passenger Loading Zones, Curb Ramps, Ramps, Stairs, Elevators, Platform Lifts
(Wheelchair Lifts), Windows, Doors, Entrances, Drinking Fountains and Water
Coolers, Water Closets, Toilet Stalls, Urinals, Lavatories and Mirrors, Sinks,
Storage, Handrails, Grab Bars, and Controls and Operating Mechanisms, Alarms,
Detectable Warnings, Signage, and Telephones.”
Frequently, disabled plaintiffs file these actions without
notifying the defendant in advance of the violations and providing an
opportunity to effect necessary alterations. One U.S. District Judge ruled that one
such plaintiff was “running a systematic scheme of extortion” and was prohibited
from filing an ADA lawsuit in federal court again without judicial
permission. The disabled plaintiff,
in order to avoid seeking such permission, renewed his litigation activity in
state court.
If you, as a coin laundry operator, are confronted with such
a complaint, what are your choices?
You can, of course, retain legal counsel and pursue a defense of the
action. After the dust settles, you
will have paid substantial legal fees and probably paid the plaintiff a few
thousand dollars in exchange for a dismissal of the action to avoid the further
financial and emotional pressures of a trial. In the process of a litigation, you will
probably have undertaken some alterations of the premises so as to comply with
the ADA.
Why not simply comply immediately and avoid the potential for
this aggravation? There are a
number of contractors who have acquired expertise in ADA requirements and can
advise you by a survey of your premises what would be required to put you in
compliance. Whatever the cost of
retaining such an expert and undertaking the required repairs, the cost will
likely be substantially less than your involvement in this type of
litigation.
The moral of the story?
When dealing with the law, it is generally more economical in time and
money to comply than to evade!
[This column is intended to provide general information only and
is not intended to provide specific legal advice; if you have a
specific question regarding the law, you should contact an
attorney of your choice. Suggestions for topics to be discussed
in this column are welcome.]
Reprinted from The Journal
Myles M. Mattenson © 2005
