Pursuing Access for the Disabled—Chicagoland Public Accommodation Lawsuits
While the Americans with Disabilities Act (ADA) is designed in part to protect the access of disabled persons to public accommodations and facilities, the law is only effective if businesses comply with the terms of the law. Because hotels, motels, restaurants, shopping centers, and retail stores sometimes elect to cut corners and avoid the cost of making their facility accessible for disabled patrons, public accommodation lawsuits have been common in other states for over a decade. However, ADA public accessibility lawsuits have been on the rise in Illinois in recent years. According to the PACER service, approximately 2,000 ADA public accommodation lawsuit were filed during the initial six months of 2015.
If you have been denied full enjoyment and access at a business establishment while dining out, staying overnight in a hotel, or shopping in a Chicago mall, our experienced and compassionate ADA accessibility lawsuit attorneys at Stein & Shulman, LLC have successfully obtained in excess of forty million dollars for our clients, including disabled individuals facing non-compliance with the ADA. Our attorneys conduct an investigation into a company’s physical facility to identify ADA violations that might justify financial recovery for a disabled patron. Our success in these cases stems from our extensive collective experience, which amounts to more than 45 years as personal injury litigators.
Legal Basis for Seeking Compensation for ADA Non-Compliance
Generally, Title III of the ADA makes it illegal for private places of “public accommodation” to discriminate while also banning specific types of discrimination by “commercial facilities”. A business can run afoul of this anti-discrimination law by violating any of these three standards:
- Failing to remove architectural physical barriers that limit access by disabled persons and failing to provide alternative services when the barriers cannot be eradicated
- Declining to “design and construct” facilities that are both usable and readily accessible to disabled individuals
- Failure when making alterations to a facility to undertake the changes in such a way that they are readably usable and accessible by a disabled person to the maximum extent possible (includes individuals in wheelchairs)
Our Chicago ADA public accommodations lawyers at Stein & Shulman, LLC determine which of these legal grounds for imposing liability to proceed on by evaluating when the facility was constructed and initially occupied, as well as the nature and date of changes made to the facility. The standard used to evaluate accessibility is the “ADA Accessibility Guidelines for Building and Facilities” (ADAAG). This publication from the Department of Justice enumerates architectural standards and specific requirements for various areas of public accommodations, including but not limited to the following:
- Drinking faucets
- Parking lots
- Pathways for moving within the facility
- Access and entrance into the facility
- Safety features
- Access to goods and services
Advocates for Victims of Discrimination by Public Accommodations
Our Chicago ADA accessibility lawyers diligently pursue compensation for those who experience discrimination on the basis of a disability by stores, restaurants, bars, malls, and other facilities open to the public. Our law firm can provide the perfect balance of experience, expertise, empathy, diligence, and tenacity to help you obtain the best possible outcome for you and your family. We invite you to contact us today at (312) 422-0506 or email us to schedule your no obligation free consultation.
No Recovery No Fee!