What We Do
The Association for Equal Access promotes disability rights, and provides ADA related information to businesses and individuals with disabilities.
ADA ENFORCEMENT, FROM THE UNITED STATES ACCESS BOARD
"ADA Standards are not a building code, nor are they enforced like one. They constitute design and construction requirements issued under a civil rights law. The ADA’s mandates, including the accessibility standards, are enforced through investigations of complaints filed with federal agencies, or through litigation brought by private individuals or the federal government. There is no plan review or permitting process under the ADA. Nor are building departments required or authorized by the ADA to enforce the ADA Standards (some building departments even include a disclaimer on their plan checks indicating that ADA compliance is not part of their approval process). Entities covered by the law ultimately are responsible for ensuring compliance with the ADA Standards in new construction and alterations."
Insight
The Association for Equal Access is an advocate for all disabled individuals who cannot access a business because the parking lot is non-compliant or the entrance is blocked or too narrow or it is impossible to maneuver around inside the business or the restroom is not handicapped accessible.
The Americans with Disabilities Act (ADA) was enacted in 1990, but many businesses, institutions and even some municipalities still have not complied. The U.S. Department of Justice enforces the ADA through lawsuits against municipalities and larger corporations such as Target and Kmart because they will achieve accessibility for many people with one lawsuit.... but they cannot police every business in the USA. We understand that some businesses do not want to spend the money to comply with the ADA and may operate for decades without a complaint. When a complaint does occur, some business owners will simply ignore the letter and refuse to make modifications or think they do not have to.
In these cases, the ADA allows the affected individual to file a lawsuit in Federal Court against the business, the business owner and the landlord. In that way, you can obtain a Court Order requiring modifications to the building and the business and to insure that no further handicapped accessibility issues arise in the future. Additionally, damages are often provided by State law and will vary depending on the State you live in.
We help our members to understand the ADA and point them in a direction which will help them receive a reasonable remedy. Often, we are able to show a business that there are cost effective methods for making an establishment more accessible.
If you own a business or are a business landlord, remember that there is no "Grandfather Clause" in the ADA. Every business and public venue is required to comply.