Legal Question in Disability Law in California
Hello,
I�m a small business owner in southern California, Los Angeles. I been watching the news of a handicap man going to small businesses and suing them for not having handicap facilities. My building was built in 1942 and 8,712 SF in size. Do I have to get handicap facilities? I heard, the older built buildings may not have to comply with this law. Is this true? What does the law say for this type of scenario?
I recently contacted a lawyer who said: Since your building was built so long ago, you are not required to comply with the requirements of making your premises handicap accessible unless and until you make significant renovations. If you make any significant renovations, then you would be required to make your building handicap accessible. This would mean if you redid the entry way then the entry way would need to be made handicap accessible but not the bathroom.
However, I heard from other small business owner are still getting sued even though they have not made any significant renovations. I looked at ADA site (American with disabilities act) which states the same as the above however the definitions or loosely stated. I have no problem complying I just don�t have that kind of money to make these major changes just to get a blue print from ADA officer it cost $3,500 not to mention getting permits from the city and licensed contractors and the cost of material this can get very expensive and fast for small business struggling in this economy.
You guidance would be appreciated.
-struggling business owner.
1 Answer from Attorneys
There are complex rules for when business facilities must be brought up to code, and when they can remain 'grandfathered' out of compliance. You already know the basics. Whether or not you are 'legally protected' by those rules, you can be sued. You'd then get to argue your defense in court. There are several such 'plaintiffs' filing numerous suits in SoCal. If one of them hits you with a suit, your choice will be to settle for a few thousand dollars demanded [typically], or pay attorney fees to defend and fight on principle. Even if you settle with one such claimant, you are not protected from others doing the same thing. You can always bring the business into compliance to avoid this issue. I have represented other small businesses similarly sued by these people. Each one has a difficult business decision to make.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
