Frequently asked questions about the Americans with Disabilities Act

1. My business passed inspection, so why am I getting sued?

The city of Jacksonville does not have jurisdiction over federal laws tied to the Americans with Disabilities Act. City inspectors do check that newly-constructed establishments are ADA compliant, but they do not have the authority to check whether older buildings are compliant. If you've been in your business for 60 years, or if you're a new business in an old building, you are still responsible for getting your business compliant with federal ADA standards.

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2. Is there a grandfather clause?

No.

3. Why do I have to pay someone who sues me for not being ADA compliant?

The law is written so that you will not pay the person suing you (which would be illegal), but you are on the hook for the plaintiff's attorney’s fees, and the longer a case goes on, those costs could be exorbitant. You will also still have to pay for repairs to your business that are "readily achievable."

4. How do I protect myself from being sued?

Get ADA compliant immediately. Call an ADA compliance expert who can visit your business (which will probably come with a fee) to tell you what changes are "readily achievable" for your business to make under the law.

5. Why can't the state protect me?

Lawmakers passed a new law, which was signed by Gov. Rick Scott, and went into effect in July 2017, to try to shield businesses from paying serial suers and their attorneys. However, to protect your business, you must be able to prove you were the catalyst for change at your business, and not a litigant plaintiff. So, you need to call an ADA compliance expert and get a plan together on how your business will meet ADA compliance regulations immediately.


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