Reply #38: From the ADA website Questions and answers.... [View All]

[retnavyliberal]

Q. Are there any limitations on the ADA's barrier removal requirements for existing facilities?

A. Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so.


Q. What does the term "readily achievable" mean?

A. It means "easily accomplishable and able to be carried out without much difficulty or expense."
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Q. How is "readily achievable" determined in a multisite business?

A. In determining whether an action to make a public accommodation accessible would be "readily achievable," the overall size of the parent corporation or entity is only one factor to be considered. The ADA also permits consideration of the financial resources of the particular facility or facilities involved and the administrative or fiscal relationship of the facility or facilities to the parent entity.

http://www.usdoj.gov/crt/ada/q%26aeng02.htm

So, it would seem that the mom and pop diner on the corner that is about the size of my living room would maybe be exempt. However, should someone file a suit, it would cost a lot to get that ruling. Could this be the kind of thing that the "serial plaintiffs" are doing?