Industrial Buildings And Tenants Not Doing Business With The Public
The ADA accessibility laws and regulations generally apply when “doing business with the public.” For businesses that do not do business with the public, there may be separate considerations in dealing with employees of a business and reasonable accommodations for employees.
The Karlin Law Firm LLP defends owners of industrial centers and industrial properties and businesses that have been a victim of an ADA lawsuit in California. These cases are often brought in federal court; in the U.S. District Court for the central, northern, eastern and southern districts; or sometimes in the California superior courts such as the Orange County Superior Court and the Los Angeles County Superior Court and the superior courts in Tustin, San Francisco, Sacramento and San Jose.
In addressing if a business is open to the public and if compliance with the ADA is required for customers or potential customers, a business will need to ascertain the many ways in which it might be considered to be doing business with the public under the ADA laws and regulations. In California, some courts have broadly interpreted these activities, while other courts are less inclined to do so. There are often no clear guidelines. We are aware of the extreme examples of both types of business under the ADA. Consider first, a restaurant open to the public will, of course, be doing business with the public. Consider second, a machine shop that uses its space as working space only and keeps its doors locked, and its only customer is a major airline. And if someone from the public called the machine shop and asked if they could make a part, the machine shop would always tell the potential customer it only does business with the major airline and will not and has not done business with the public. Using this example, the machine shop would not have to comply with the ADA as it pertains to customers or potential customers. Of course, many businesses fall between the above two examples and the activities of each business will need to be looked into to determine if, and to what extent, the ADA may apply to the business and/or the property owner.
The Karlin Law Firm LLP‘s ADA defense lawyers will defend you in these California ADA lawsuits. We also can help determine if your business is, to any extent, open to the public – does business with the public under the ADA.