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Facts and Fallacies About Title III of the Americans With Disabilities Act

Dec 3, 2014

by Lori Pittman Haas and Bill Edwards, Ulmer and Berne, LLP

Before discussing the facts and fallacies about Title III of the Americans with Disabilities Act (“Title III”)2 and defenses to a Title III claim, it is important to understand what Title III is and is not, the threshold for making a claim and the remedies that are available to a plaintiff who files a Title III action. Further, this article will focus on what is commonly encountered by members of the NRTA–allegations of architectural barriers to accessibility.

What is Title III? Title III covers public accommodations and commercial facilities. You can find Title III in 42 U.S.C. §§12181-12189 and the implementing regulations at 28 C.F.R. Part 36. Title III of the ADA provides “no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases (or leases to) or operated a place of public accommodation” 42 U.S.C. §12182(a) (emphasis added). One of the definitions of discrimination under Title III is “failure to remove architectural barriers”.  read more

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