ADA lawsuits: what business owners should know
If you’re a business owner, you’ve likely heard about ADA lawsuits—and if you haven’t, it’s time to pay attention.
The number of lawsuits filed under the ADA or Americans with Disabilities Act is steadily going up. In 2023 alone, people filed more than 8,200 ADA Title III federal lawsuits. These lawsuits often target smaller businesses, with most defendants earning less than $25 million in annual revenue.
For small and medium-sized businesses, these lawsuits can feel like a minefield. It seems like the smallest oversight can turn into a costly legal issue. The reality? Many business owners don’t realize they’re out of ADA compliance until it’s too late.
That’s why now is the time to get ahead of the problem. Here’s everything you should know about ADA lawsuits and how to avoid them.
What Are the Common Grounds for ADA Signage Lawsuits?
While web accessibility violations often make headlines, physical signage in brick-and-mortar locations can also leave businesses vulnerable to ADA lawsuits. Below are the most common issues.
Missing braille or tactile features
Signs that identify permanent rooms and spaces—like restrooms and exits—must include braille and tactile (raised) lettering. The braille should be Grade 2, and tactile characters should be between 0.625 inch and 2.0 inches high.
The lack of proper tactile features can render people with visual impairments unable to independently identify spaces, forcing them to rely on others for guidance and reducing their autonomy.
Incorrect mounting height
Businesses must mount ADA-compliant signs so that the tactile characters are between 48 and 60 inches above the ground. Doing this step ensures they are within reach for those of all heights, including those using wheelchairs.
Mounting signs too high or too low can make it a struggle for wheelchair users or those with limited mobility to locate and read signage.
Objects obstructing signage
Signs must be in a location free of obstructions, with at least 18 x 18 inches of clear floor space in front. Additionally, nothing should physically block the tactile or visual components of the sign so they are easily readable to anyone who encounters them.
When signage is blocked, those with disabilities may be unable to locate important rooms or safety exits. These scenarios can create confusion or even lead to hazardous situations in emergencies.
Inadequate color contrast
Remember that your ADA signage must have a contrast of at least 70% between the text and background colors. For example, light-colored text on a dark background is easier to read than light-on-light or dark-on-dark.
Poor contrast makes signs difficult to read for people with visual impairments—such as those with low vision or color blindness—hindering their ability to move through a facility or structure independently.
Lack of directional signage
Compliant directional signs must guide guests and visitors to essential facilities such as restrooms, elevators, and exits. These should include arrows and be mounted following the same height and tactile standards as other signs.
Without proper directional signage, those with disabilities may struggle to locate key areas and experience feelings of exclusion.
Improper font, size, and kerning
Fonts must be sans serif, with tactile characters at least 5/8 inch but don’t exceed 2 inches high. Kerning or the spacing between letters must keep everything legible. If your signs have pictograms, they should have accompanying tactile text and follow similar guidelines.
Non-compliant fonts or poorly spaced text can make signs unreadable for people with low vision, reducing accessibility and usability.
How to Mitigate the Risk of ADA Lawsuits
Proactively addressing ADA compliance is the best way to safeguard your business from lawsuits. Below are practical steps that you can take to minimize risks:
Conduct regular ADA audits
One of the most effective ways to prevent ADA lawsuits is by conducting regular audits of your facilities. These audits help you identify and fix compliance issues before they become legal problems.
For instance, your retail store may have accessible parking spaces but lack proper signage or tactile lettering on restroom signs. Scheduling reviews with an accessibility consultant or using ADA compliance checklists can help ensure that every part of your business—from entrances to emergency exits—meets current standards.
Invest in ADA-compliant signage
Installing ADA-compliant signs ensures that your facility is accessible to individuals with disabilities. If you maintain a dentist’s office, you can avoid issues by using tactile signs with braille for room identification and mounting them at the correct height so that patients can find the correct one when they come in for appointments.
By working with trusted vendors who specialize in ADA-compliant signage, you can meet tactile, contrast, and font requirements while enhancing accessibility for customers.
Update and maintain accessibility features
ADA compliance is not a one-time effort—it requires ongoing attention. You must regularly maintain accessibility features like ramps, elevators, door openers, and accessible restrooms to remain functional.
If you own a restaurant, remember to repaint faded markings on accessible parking spaces and check that the automatic doors work properly. Routine maintenance schedules and periodic inspections can help you stay ahead of wear and tear and avoid compliance issues.
Train employees on ADA requirements
Your employees play a critical role in ADA compliance and providing excellent service to all customers. By training your team in the requirements, you empower them to recognize and address accessibility needs effectively.
In a retail store, staff should understand how to assist visually impaired customers by describing products or guiding them safely through the store. Regular training sessions help employees stay informed about compliance standards and create a welcoming environment for everyone.
Partner with ADA-compliant vendors
Vendors and contractors who understand ADA requirements can be valuable allies in maintaining compliance. A property manager working with an ADA-savvy contractor can be sure that new ramps and handrails meet all specifications.
Similarly, partnering with a sign manufacturer that specializes in ADA-compliant products guarantees your signage meets tactile and visual standards. Always vet your vendors carefully to confirm they prioritize accessibility and adhere to regulations.
Don’t Be Caught Off Guard
As ADA lawsuits continue to rise, property managers, contractors, and business owners must address accessibility gaps proactively. Regular audits, proper signage, and ongoing maintenance can help you avoid costly legal issues while fostering a welcoming environment for all.
Erie Custom Signs is your go-to partner for custom ADA signs. With unmatched customization expertise, quick turnaround times, and a wide variety of design options, our solutions are fully tailored to your needs.
Our wholesale pricing and partner-friendly approach make us the perfect choice for you. Visit Erie Custom Signs to explore our ADA-compliant signage solutions today!
