Americans with Disability Act Lawsuits and Laundromats
A frequently overlooked aspect of ownership of Laundromats is the stress that can come from being sued as a business owner. The Americans with Disability Act is enforced by design through civil lawsuits and not through local building and city regulations. This has developed into a windfall for some attorneys to pursue Laundromats, and other business entities, with lawsuits accusing owners of impacting unfairly the lives of the handicapped. Since many Laundromats are being purchased by first time business buyers with limited to no previous business experience, these attorneys see full and partially attended Laundromats as a rich hunting ground where violations are abundant.
The so-called nuisance lawsuits on violations of the ADA are on the rise again in certain areas of the country. Handicapped persons might object to these access restriction violations being called nuisance lawsuits, but keeping that in mind, the lawsuits cite “civil rights” violations frequently detailing issues such as providing proper signs, access and handicap bathrooms. Here are a few of the examples that have resulted in lawsuits against the owner of a Laundromat for failing to meet ADA standards.
- Mounting a mirror above the sink in your restroom, but failing to provide a second mirror mounted at handicap mandated height for wheel chair bound persons.
- Failure to modify your existing bathroom to include a five-foot diameter open space so wheelchair bound persons can utilize the facilities. There is no longer a “grandfathered” provision. That exception expired years ago. All restrooms open to the public must be modified to ADA standards.
- Failure to have properly installed grab bars for the disabled to use toilet facilities.
- Failure to properly insulate the drain lines under your hand sinks, thereby exposing wheelchair bound persons to injury from hot water heated drains.
- Failure to properly mount your bill changers, soap machines and paper towel dispensers at handicap level heights. Paper towel dispensers mounted above your inside store sinks cannot only be mounted above the sink. Although this can cause a store design issue, and the potential inconvenient locating of the dispenser, it is a violation that must be corrected.
- Failing to have a properly marked handicap parking space and access lane in the parking lot.
- Failure to provide ADA approved marking for blind customers in the access lanes leading to entry into your Laundromat or in the marking of any steps near your entrance points.
There are many more examples that could be cited but the above will give notice that attention to the ADA requirements is advised for all Laundromat owners. It might be a reasonable requirement that if you are going to purchase a Laundromat that you pay for an ADA specialist as part of your due diligence activities and inspections.
Civil liability on ADA mandates do not require that the injured party actually used your washers or dryers, only that they entered your business. They may have stopped by to wash their hands or use your restroom or were injured in your parking lot attempting to park near or enter your business.
Unless your bathrooms are compliant, I suggest you close them for public use and make them bathrooms for “employees only.” Replace the sign on the door with an “employees only” sign. Although you cannot be expected to police the use of the facility by unauthorized folks, you will no longer have a potential ADA potential claim for a public restroom that does not meet all the standards. Keep in mind, this is information and not to be relied upon as legal advice. Check with an ADA company that provides ADA compliance advice or an experienced in ADA requirements attorney who can assist you in the event you are served with on these lawsuits.
Most insurance carriers will not provide coverage for Americans with Disabilities Act (“civil rights”) violations, since it is not a property loss or liability claim. Many of the items should be addressed to your landlord and inclusion of parking area ADA maintenance by the landlord can be included in your lease provisions. If a Laundromat owner notices a potential ADA violation, it is important to notify your landlord of these concerns, in writing, related to outside parking and common areas.
The stress of these types of lawsuits can impact your health and well-being, so correct potential violations to avoid these lawsuits. Your lack of knowledge is not an acceptable excuse for not providing equal opportunity to use or access your Laundromat.