People with disabilities make up one of the largest minority groups in the country, as one and five Americans have one or more disabilities. In 1990, the Americans with Disabilities Act (ADA) was put into place in order to protect the rights of people with disabilities. Specifically, for people with spinal cord injuries (SCIs), the ADA provides the right to nondiscrimination and accessibility for public and private entities. Although the ADA protects the rights of people with disabilities, violations of the ADA take place every day across the country. The Spinal Cord Injury Law Firm has significant experience taking legal action for ADA violations. If you have sustained a spinal cord injury and have faced barriers to rights that are protected under the ADA, you may be able to take legal action.
Title II of the Americans with Disabilities was designed to strengthen Section 504 of the Rehabilitation Act. Title II focuses on addressing protections for people with disabilities from discrimination and denial of access to state and local services and activities, regardless of whether the entities receive funding from the federal government. Title II requires services such as websites, schools, parks, police stations, sidewalks, courts, and stadiums to be accessible for all people with disabilities.
People with spinal cord injuries often face violations to Title II by public entities. Common ADA violations that affect people with spinal cord injuries are the absence of curb cuts leading into public buildings, minimal accessible seating in stadiums and public venues, and the lack of emergency planning and management for public buildings with multiple stories.
Title III of the Americans with Disabilities Act focuses on providing equal access to goods and services in the private sector. Under Title III, private businesses that do not receive funding from the federal government are required to provide accommodations for people with disabilities to access their goods and services. Rights protected under Title III include equal access to entities such as restaurants, doctor’s offices, and public pools. Title III requires private businesses and entities to follow ADA standards if they are newly constructed or renovated after the date of March 15, 2012. Private entities constructed before this effective date are required to follow ADA accessibility standards if it is “readily achievable” for them to do so. The term “readily achievable” means that providing access should be easily accomplished without much difficulty or expense.
People with spinal cord injuries often face violations to Title III. Common Title III violations include newly constructed hotels that do not provide pool lifts, newly renovated restaurants without accessible seating, and shuttle services for airports that lack accessible vehicles.
People with disabilities deserve equal access and nondiscrimination in all public and private settings. However, many violations take place across the nation every day, despite the fact that the ADA has been in place since 1990. People with disabilities—specifically, people with SCIs—that face discrimination and barriers to access in public and private entities may be able to take legal action. The Spinal Cord Injury Lawyers are experts in ADA compliance and lawsuits. A successful ADA lawsuit can legally require a private or public entity to comply with ADA standards, ultimately providing equal access for people with disabilities in the long run. If your rights protected under the Americans with Disabilities Act are violated, contact The Spinal Cord Injury Law Firm immediately at 1-877-SCI-FIRM for a free consultation to assess your legal options.
Kelley is an asset not only to the SCI community, but a force to be reckoned with. Anyone would be lucky to have her fighting on their side! – Sunni
After my wife had a traumatic brain injury we had so many questions. Kelley took the time to answer all of our questions and worked hard for us. Kelley is an excellent lawyer. We were lucky to have her guide us through a difficult time. – Jose