Creating a Business Accessibility Plan – Revisiting Readily Achievable Barrier Removal in Existing Facilities and Web Accessibility Obligations under the ADA

Removing architectural and communication barriers is an ongoing responsibility for businesses and non-profit entities under Title III of the Americans with Disabilities Act (ADA). The law neither exempts nor “grandfathers” any public accommodation from compliance. Consequently, we have seen an unprecedented number of Title III Lawsuits in recent years aimed at public accommodations – including businesses and non-profit organizations of any size. But there is a great deal of misinformation relating to the actual legal obligation of any private entity to make their facilities, goods, and services readily accessible for individuals with disabilities – including what to do about inaccessible web sites and mobile apps. At the heart of many cases are issues involving the ADA readily achievable barrier removal standard applicable to existing facilities. In fact, many threatened lawsuits and settlements erroneously apply the “new construction” ADA standards — which do not apply to pre-1992 existing facilities open to the public. Likewise, there is confusion as to whether public accommodations are obligated to make web sites and mobile apps accessible pursuant to the ADA general “effective communication” obligation. Join us for a legal webinar addressing these issues to at least establish a rational level of compliance awareness with as current technical guidance information as possible – including applying the ADA and any relevant recent court decisions.

Diego Demaya, J.D., with the Southwest ADA Center will review readily achievable barrier removal requirements under Title III as well as the applicability of the Effective Communication requirement. This session will review recent cases and how those decisions affect businesses and consumers as well as recommending proactive compliance while keeping in mind the ADA undue burden and fundamental alteration defense standards when compliance might be financially burdensome or fundamentally alter how goods and services are offered.

Human Generated Real-time Captioning will be available for this session.

Registered individuals may submit questions in advance of the session during the registration process.

Continuing Education Recognition Available

Speakers: