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Feds Impose Stiffer ADA Penalties


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For the first time in more than a decade, the fines that the federal government can impose for violations of the Americans with Disabilities Act are set to rise.

The U.S. Department of Justice said it will increase the maximum civil penalty to $75,000 for violations of ADA provisions requiring restaurants, movie theaters, schools and other businesses open to the public to be accessible and accommodate people with disabilities. Previously, the maximum was $55,000.

For any subsequent offenses, the fine will jump to $150,000 from a prior cap of $110,000, federal officials said.

The new penalties will apply to violations that occur after April 27.

The increases were announced in a final rule published in late March in the Federal Register and account for changes in inflation since the penalty figures were last set in 1999.

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Comments (9 Responses)

  1. Whitney says:

    Now you can add more to teeth to jobs and cities.

  2. VMGillen says:

    Applies to violations that “occur” after April 27 – Does that refer to the date the violation is issued, or when the complaint was originally filed, or when the owner/design team knowingly ignored the requirements/

  3. Anita says:

    What about upping the fine for people that park in the Disbled parking are without a placard or a license plate? I know there a lot of Senior Citizens and family members who drive for their disabled family members, but they still have these items or proof that they are needed.

  4. Bill Wright says:

    Of course, everyone has their own “pet peeve” when it comes to ADA violations but I feel one area that has not received much attention is the lack of any type of kind of lifting equipment that is required in medical facilities and diagnostic clinics. If anyone has had to have an MRI, CAT or PET Scan or a colonoscopy and use any type of wheeled mobility device, then you know what I’m talking about. It is ironic that I’m sitting next to a 5 gazillion dollar machine and humans are still trying to wrangle me out of my powerchair to place me on the “tray” that slides into the machine. I have used a wheelchair for the past 55 years and have not taken so much as 1 step on my feet in all that time. Believe it or not, many clinics that do colonoscopies require folks who use wheelchairs to be admitted to a hospital for the exam. Those dollars might be better used to purchase lifts, etc.

  5. David Snow says:

    It always bothered me at a large company I used to work for that during fire drill evacuations anyone who could not walk down stairs was told to wait in the stairwell on whatever floor they were on and wait for assistance. There has got to be a better way to navigate stairs, going down, for those with mobility challenges. In a real disaster/fire without use of the elevator, there has to be a better way.

  6. Darla says:

    Are churches included in the ADA regulations? I have heard that NEW building/construction must meet regulations as do “new” parsonages. Are the older church buildings required to be updated?

  7. Connie Chisholm says:

    I just read the article about stiffer penalties on businesses who don’t have accommodations for people with disabilities. I have been to several public places that are not accessible to wheelchairs. How do I get these people to realize there are fines for this?

  8. Bob says:

    The problem with lawyers and handicapped people is that when a company is not ADA compliant, you guys sue for lots of money. This kills small stores, and a lot of them have gone out of business because of the high amount of money being paid out. It should be like the following:
    If a company is not ada compliant, then the 1st form of action should be “you have “x” amount of days to fix it before you are levied with fines”. If the company does not fix the ada problem, then fines shall be put in place, “x” amount $$/day until it is fixed.

  9. Eric says:

    Small businesses have had 24 years to fix their readily removable barriers. If they haven’t fixed it by now, then they are ignoring our nations laws and are blatantly discriminating against over 50 million Americans. There is an undue hardship clause in ADA for legitimate exceptions. I do not have pity for small business owners who get fined if they are failing their legal obligations. There are hundreds of excuses, but the reality is the real reason is indifference.

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