For existing facilities that are not undergoing alterations, and regardless of the age of the facility, owners, operators and tenants still have an obligation to remove barriers to ADA compliance to the maximum extent that is readily achievable. And if your entity is profitable, readily achievable is hard to deny. Newly designed and constructed facilities must comply with the new 2010 ADA Standards, and alterations to existing facilities must comply to the maximum extent feasible.
Read MoreThe Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing the architectural barrier at issue does not exceed the benefits under the circumstances.”
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