The Americans with Disabilities Act (ADA) regulates most businesses in the United States, ensuring they are accessible to persons with disabilities. The law is clear about sign requirements, and the fines for violating regulations are costly.
Requirements for ADA Compliance
If a business is open to the public, it needs to follow the requirements stated in Title III of the ADA. This section covers facilities operated by private companies which are open to the public. It prohibits discrimination against people with disabilities in these settings.
The requirements are broad, but they generally center around ensuring people with disabilities have the same opportunities as everyone else. This includes accessing the same services, participating in activities, and using the same facilities.
The ADA also requires businesses to provide reasonable accommodations for people with disabilities. This includes ensuring aisles are wide enough for wheelchair users, braille signs are installed in required areas, and wheelchair access ramps are added where required.
One of the most common requirements under the ADA is for businesses to install signs which are accessible to people with disabilities. This includes things like tactile images, raised lettering, and contrast colors.
The ADA has specific requirements for signs, including size, font, and contrast. These requirements are meant to ensure the signs are legible and can be seen by people with various disabilities.
Some of these include:
- Signs must be mounted at an appropriate height
- Signs must be made with high-contrast colors
- Signs must have a font size large enough to be legible from a distance
- Signs must have a non-glare finish
Fines for Non-Compliance
In early 2014, the penalties for non-compliance became even more severe when the Department of Justice increased the maximum amount a non-compliant business may be fined for violations. These fines are levied by the Civil Rights Division and are intended to apply specifically to Title III of the ADA.
The maximum penalty for a first-time Title III violation is now $75,000 under the 2014 regulations, and the maximum penalty for a second offense—and any subsequent infractions—is $150,000. Furthermore, state, and local governments may impose higher penalties to maintain greater accessibility standards. This might have a significant negative impact on small business’s viability. On the other hand, large businesses are likely to be given significantly less wiggle room to comply with ADA standards on an ongoing basis.
Possible Lawsuits Due to Non-Compliance
If a company is not ADA-compliant, it can be subject to lawsuits. Over the years, many cases have been filed against companies who failed to make required modifications and post signs for disabled people. Although offenders are generally given time to comply, those who file lawsuits are frequently permitted to receive compensation.
In the end, the amount paid out all depends on the circumstances. ADA non-compliance claims against businesses have resulted in settlements reaching thousands of dollars. People with impairments have, for example, been injured and compensated millions of dollars in punitive damages. Unsurprisingly, numerous companies sued under the ADA have gone bankrupt.
At FASTSIGNS® of Sacramento/Natomas Airport Area, CA, we are experts regarding ADA signs and compliance. Contact us today to learn more about how we will help your business comply with the law and avoid costly fines.
