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SMUR

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Our business is a body shop located in Florida.  We moved into this building in 2000 (renting), the building was built in 1979.  In 2016 we purchased the building from the landlord.

We just got served with a lawsuit for not being ADA COMPLIANT.  

Are we required to comply given the building was built prior to 1990? are we considered a public accommodation facility?

Since we've owned the building we replaced the gutters and painted.  

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22 minutes ago, SHARON MURIENTE said:

Are we required to comply given the building was built prior to 1990?

In general, yes.  The regulations expressly say that Places of public accommodation must remove architectural barriers in existing facilities where such removal is readily achievable.

 

that said, there are some limitations and exceptions that in part depend on the nature of the alleged non-compliance, and in part on other facts, and so you’d want to have the claim reviewed by knowledgeable counsel who can advise you on the specifics.  

 

25 minutes ago, SHARON MURIENTE said:

are we considered a public accommodation facility

Probably. A retail business that is open to the public meets the standard. 

 

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3 hours ago, SMUR said:

Our business is a body shop located in Florida.  We moved into this building in 2000 (renting), the building was built in 1979.  In 2016 we purchased the building from the landlord.

We just got served with a lawsuit for not being ADA COMPLIANT.  

Are we required to comply given the building was built prior to 1990? are we considered a public accommodation facility?

Since we've owned the building we replaced the gutters and painted.  

 

A body shop is a place of public accommodation under both the Civil Rights Act and the Americans with Disabilities Act (ADA). Title III of the ADA requires that places of public accommodation not discriminate against disabled persons who come to access the goods and services of the place of accommodation. Part of making sure your business does not discriminate against disabled persons is removing architectural barriers when doing so is "readily achievable." The U.S. Department of Justice has a number of regulations and standards that govern what is readily achievable for existing structures. See the DOJ Title III ADA guide for a lot more information. The rules for eliminating barriers starts at part III-4.4000.

 

You might want to consult an attorney who practices in the area of ADA compliance for assistance in determining how to respond to the lawsuit complaint you received and what changes, if any, you need to make to your facilities.

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