Let's face it, it has been many years since the ADA became law, and courts look dimly on public entities which have not met the law's basic requirements. The ADA is a federal mandate that carries heavy fines and penalties for noncompliance, not to mention the potential for expensive lawsuits. When it comes to the ADA, businesses cannot afford to be out of compliance. Documented compliance efforts along with the written evaluations and plans required by the ADA provide your strongest defense in court.
Just like driving a car without insurance, it only takes getting caught once to realize it is much less expensive to comply on your own now than to pay fines and penalties on top of making the necessary changes. Give your business the ability to plan for changes and associated costs to keep necessary expeditures under control.
Once you've completed a proper evaluation and have a sensible and defendable ADA modification plan on file, you have given yourself control of the compliance process (and control of the costs). But without a legitimate plan, a lawsuit or formal complaint could turn control of compliance (and your budget) to the courts or an enforcing agency. By having adjustments done now, you avoid the possibility of having someone else dictate how and where your budget is spent.
Most facilities and businesses are more than willing to accommodate the needs of all individuals regardless of disability, but the ADA's confusing and ambiguous requirements make it difficult to understand exactly what is required. This leads to many facilities taking a wait-and-see approach and handle problems as they arise. Unfortunately, this approach means that those who are too embarrassed or unwilling to ask for accommodation are often left out, unable to fully participate in programs, services and activities with others. So be proactive. Do the right thing now.
