The Karlin Law Firm LLP - Business Law Attorney

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

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Businesses must conform to ADA parking standards

The Americans with Disabilities Acts states that businesses in California and across the country must provide accessible parking spaces. However, questions about enforcement of laws and configuration are commonly handled by local or state laws. Local government may be tasked with parking space inspection and offenses related to vehicle codes, but threats of civil lawsuits can encourage compliance.

According to the ADA, 12 types of public businesses must follow the law. Some establishments include restaurants, hotels, bars, recreational facilities, and medical facilities. Commercial establishments, such as warehouses or factories that do not offer public services, are likewise required to have accessible parking spaces. The ADA mandates that every accessible parking space be identified and include a passenger-loading aisle to discourage non-disabled drivers from parking there.

Size requirements, number of accessible van spaces, and markings of accessible parking spaces vary by state. For example, passenger-loading spaces in New York must be at least 8-feet wide and include a sign saying “No Parking Anytime.” In Pennsylvania, spaces must be marked with “Handicapped Parking-Permit Required.” Many states prefer not to use the word “handicapped” and forbid the use of it on public property.

The fines and consequences for violating the laws also vary according to state. Pennsylvania and Alabama carry a minimum fine of $50, and $500 is the maximum fine in Georgia. Violations of accessible parking laws may also get their vehicle towed and may be subjected to fines or community service. A private person can make an informal complaint against a business not offering accessible parking. The Department of Justice commonly handles complaints about parking at larger businesses.

Websites must also meet ADA requirements and give disabled people access to the internet, or ADA lawsuits could be filed. If a business gets a lawsuit filed against them for ADA violations, a lawyer could help them navigate the case.

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