Recent ADA Enforcement Efforts

U.S. Attorney’s Office Announces Recent ADA Enforcement Efforts

The U.S. Attorney’s Office for the Eastern District of Kentucky is announcing some recent enforcement efforts under the Americans with Disabilities Act (the “ADA”). The ADA, which was signed into law on July 26, 1990 and recently passed its 32nd anniversary, is the nation’s foremost civil rights law for providing equal access and opportunity for people with disabilities. U.S. Attorneys’ Offices, who are tasked with enforcing the ADA in their jurisdictions, play a critical role in ensuring the goals of the ADA.

The ADA requires “places of public accommodation,” like restaurants and retail establishments, to provide individuals with disabilities equal access to facilities, both by removing physical barriers and by modifying policies or practices to permit appropriate access to people with disabilities.

The U.S. Attorney’s Office has recently resolved several matters involving businesses that are “places of public accommodation” under the ADA, including the following:

Issuing a letter of resolution to Camporosso Wood Fired Pizzeria, in Fort Mitchell, Ky., where Camporosso agreed to remove obstructions to the restaurant’s accessible parking spaces caused by an expanded outdoor dining area installed in response to the COVID-19 pandemic.

Camporosso also agreed to install signage at the designated accessible spaces, as required by the ADA.

Entering into a settlement agreement with Burt 145, LLC, the owner of a building on 145 Burt Road in Lexington, Ky. that houses more than a dozen places of public accommodation, in which the company agreed to remove physical barriers at all the unit entrances and properly mark accessible parking spaces in its parking lot.

The U.S. Attorney’s Office opened this matter after receiving a complaint from an individual who uses a wheelchair, who could not enter a business in the building without assistance because of a step at the store entrance.

Entering into a settlement agreement with DZ Properties, LLC, the owner of a building that houses Jim’s Fine Wine & Spirits and a dentistry practice in Fort Mitchell, Ky., resolving a complaint regarding a lack of accessible parking.

Issuing a letter of resolution to Lexington-based Magee’s Baking Company, resolving a complaint by an individual with disabilities who alleged that bakery staff attempted to exclude her from the restaurant after she could not provide documentation for her service animal, which is not required under the ADA. As part of the resolution, Magee’s agreed to adopt and maintain a Service Animal Policy, train its staff members on the ADA’s service animal requirements, and post signage permitting service animals.

Each of these referenced matters were handled by Assistant U.S. Attorney Carrie Pond. The U.S. Attorney’s Office will continue to work with businesses and the community in its efforts to ensure that individuals with disabilities have equal access to places of public accommodation under the ADA.

SOURCE: USDOJ.Today