Tag Archives: Americans with Disabilities Act

Under Investigation: Massachusetts restaurants, bars, and stores that violate the ADA

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wheelchair inaccessible business entrance

The Americans with Disabilities Act (“ADA“) was enacted to protect disabled individuals from discrimination, frustration, and outright lack of access when they seek the full enjoyment of places of public accommodation, such as restaurants, bars, and retail locations. Most people take for granted that they can easily enter and move about any business they wish to visit. However, for disabled Americans, simply going out to eat with friends, buying groceries, or shopping for a gift, can be an unpleasant ordeal – or altogether impossible. This is because thousands of businesses, ignorant of a law in force for over two decades, or simply too cheap to pay for compliant facilities, blatantly violate the ADA. Usually the only consequences of ADA violations are suffered by those the law is intended to protect, not those who break the law.  Unfortunately, unless a business is sued for ADA violations, it has little incentive to comply with the law.  Government agencies almost never pursue ADA claims on behalf of citizens. The ADA was designed to be enforced by so-called “private attorney generals” plaintiffs’ lawyers empowered by the statute to bring cases on behalf of aggrieved clients.  ADA violations are everywhere; below is a list of common ADA violations.

FREE CONFIDENTIAL CASE EVALUATION – Text (617) 329-1295

Entrance
• There is a step at the entrance door.
• The main entrance has no ramps, just steps.
• There is not a properly designed and sloped ramp or route into the facility.
• The entrance door lacks the necessary maneuvering clearance for a wheelchair user at the pull/latch side of the door.
• At the exterior main entrance, there is not a level landing.
• The entrance door lacks a level landing of sufficient size.
• There is a slope in excess of 2% at the entrance door.
• The entrance to the facility does not provide compliant directional and informational signage, complete with the International Symbol of Accessibility.
Inside
• Inside, there are several steps to get up to the restaurant area, making entrance inaccessible.
• There is not an accessible route throughout the site and facility.
• Counters where customer service and/or transactions occur are inaccessible.
• The height of the sales counter exceeds the 36 inch height allowance.
• There are steps up to the back section of the facility.
• There is not a properly designed and sloped ramp to the back section of the Facility nor is there a wheelchair lift.
• There items and self-service areas are too high.
Seating
• The facility does not provide a minimum of 5% of its seating and dining tables to be accessible.
• The tables provided within the restaurant are not accessible for a wheelchair user.
• The height of the bar counter exceeds the maximum height allowance of 34 inches.
• There are dining tables that exceed the maximum height allowance of 34 inches.
• The booths do not provide the required knee and toe clearance.
Restrooms
• There are restrooms that are inaccessible.
• The lavatories are inaccessible.
• The restroom door is inaccessible.
• The water closets are inaccessible.
• The restroom door has inaccessible round door hardware.
• Patrons with disabilities cannot access the restrooms because of the steps on the route leading to the restrooms.
• The restrooms are too small to accommodate a wheelchair.
• The restrooms lack sufficient clear floor space, maneuvering clearance and turning space.
• There are obstructions within the restroom that restrict and/or limit the clear floor space, maneuvering clearance and/or turning space.
• The water closets are inaccessible.
• The restroom toilet compartment door is not self-closing and does not provide door pulls on both sides.
• The water closet lacks accessible grab bars.
• The grab bars at the water closet are not properly mounted.
• The side grab bar is too short and inaccessible.
• There are exposed water supply lines and drain pipes under the lavatories in the restroom.
• The coat hook on the restroom toilet compartment door is mounted outside the required reach range.
• The coat hook within the restroom is too high.
• The trash receptacle in the restroom toilet compartment obstructs the clear floor space to the stall door.
• The flush control is on the narrow side of the water closet.
• The flush control at the water closet is out of reach.
• The lavatory blocks the maneuvering clearance at the door in the restroom.
• The lavatory is too shallow and does not provide the required knee clearance.
• The paper towel dispenser in the restroom require two hands to operate.
• The soap dispenser in restroom is mounted outside of the required reach range allowance.
• The toilet paper dispensers are located outside of the required reach range allowance.
• The pipe beneath the lavatory is not wrapped, insulated and/or protected from contact.
• The mirror within the restroom is located too high.
• There is insufficient maneuvering clearance on the route out of the restroom.

PDFU.S. Department of Justice 2010 ADA Standards

Have you experienced an ADA Violation?

If you are disabled, have experienced an ADA violation, and want to do something about it, you are welcome to contact this office.

FREE CONFIDENTIAL CASE EVALUATION – Text (617) 329-1295 or complete form below:

PDFADA Compliance Checklist

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