Title III of the ADA
Title III of the Americans with Disabilities Act regulates the accessibility requirements that businesses must follow to be in compliance with Title III. They address both outside of businesses such as sidewalks or ramps, as well as indoor business structure such as bathroom accessibility and corners. All new construction or alterations must adhere to this title. Entities also have an on-going obligation to remove non-complaint architectural barriers in existing facilities is it is readily available. This determination is dependent on the size and the resources of the business. This applies to, but is not limited to, commercial facilities such as factories, office buildings or warehouses, private entities that offer examinations or related to educational purposes, and most notably public entities.
Any individual with a disability who is denied access to a place of public accommodation due to a non-compliant architectural barrier may sue under Title III for an injunction requiring the business to become ADA-compliant and reasonable attorney’s fees, costs, and expenses. According to a recent study, nearly twice as many Title III suits were filed in Pennsylvania’s federal courts between July 1, 2012 and January 1, 2015 than during the preceding thirty-month period. These suits—most of which were filed by a few individuals represented by a small number of plaintiff’s attorneys—frequently settle before trial, resulting in businesses paying the plaintiff’s attorney’s fees as well as the cost of remediating non-compliant facilities.