Americans with Disabilities Act

The Issue

The Americans with Disabilities Act (ADA) enacted in 1990, gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.

Since the ADA’s enactment, many abuses have been perpetrated against property owners who may be potentially in violation of the ADA. Instead of fixing the possible problem, these property owners have been taken to court and forced to pay monetary damages to the claimant as well as having a judgment filed against them to fix the violation. This process puts further strain on our crowded court system and does not solve the original problem outlined in the lawsuit: fixing a potential violation of the ADA.

The intent of the ADA is to ensure that all Americans had equal access to all public facilities regardless of a disability. However, property owners have been exploited into paying large damages to individuals who claim that there are violations of the ADA. Simply put, the ADA is lacking due process for the property owner to make the necessary changes that will fix a potential violation of the ADA.

Position

NAIOP feels that Congress must re-address the Americans with Disabilities Act (ADA). Since the ADA’s enactment, many abuses have been perpetrated against property owners. Unfortunately, in certain circumstances, lawyers search for minor technical violations such as handicapped parking signs that hang a half-inch too low, then find plaintiffs and profit from large cash settlements without the owner ever having a chance to fix the problem. Simply put, the ADA is lacking due process for the property owner to make the necessary changes that will fix a potential violation of the ADA.

Resources

• Summary of the ADA of 1990
  
• U.S. Department of Justice ADA Homepage
  
• ADA Questions and Answers
  
• Title III Technical Assistance Manual (1993) and Yearly Supplements.
  An 83-page manual that explains in lay terms what businesses and non-profit agencies must do to ensure access to their goods, services, and facilities
  
• Special 10th Anniversary Status Report

Contact:
John Bryant
Senior Director of Federal Affairs
(703) 904-7100 ext. 162