ADA Building Violations and Remediation:

For many property owners, facility managers, and business operators, ADA compliance is often misunderstood as a requirement that only applies to new construction. The reality is very different. Thousands of older commercial buildings throughout the United States still contain accessibility barriers that limit access for individuals with disabilities and expose owners to significant legal liability. Even buildings constructed long before the Americans with Disabilities Act (ADA) was enacted in 1990 may be required to remove architectural barriers when it is readily achievable to do so. [ada.gov],

Many ADA lawsuits originate from conditions that could have been identified during a professional accessibility assessment and corrected for a fraction of the cost of litigation. Older buildings often contain legacy design features that no longer satisfy the 2010 ADA Standards for Accessible Design, making accessibility audits and remediation planning essential risk-management tools for building owners.

Understanding ADA Compliance in Existing Buildings

The ADA is a federal civil rights law designed to eliminate discrimination against individuals with disabilities. Under Title III, businesses and places of public accommodation must provide equal access to customers and visitors. The law requires accessible design in new construction and renovations, but it also obligates existing facilities to remove architectural barriers when doing so can be accomplished without significant difficulty or expense. [ada.gov]

Many building owners mistakenly believe that older facilities are "grandfathered" and exempt from ADA requirements. However, the U.S. Department of Justice and ADA guidance clearly state that older facilities often must be modified to improve accessibility. [ada.gov], [adachecklist.org]

Common ADA Violations Found in Older Buildings

Buildings constructed before modern accessibility standards frequently contain barriers that make access difficult or impossible for individuals with mobility, visual, hearing, or cognitive disabilities. Some of the most common violations include:

Exterior Accessibility Issues

• Missing accessible parking spaces

• Improper parking signage

• Excessive slopes in parking areas

• Lack of accessible routes from parking to entrances

• Steps without ramps or lifts

Entrance Violations

• Doorways that are too narrow for wheelchair access

• Excessive opening force on entry doors

• Raised thresholds

• Lack of automatic door operators

Interior Accessibility Problems

• Hallways that are too narrow

• Improper floor surfaces

• Obstacles protruding into circulation paths

• Inaccessible service counters and reception areas

Restroom Violations

• Insufficient turning space for wheelchairs

• Improper grab bar placement

• Incorrect sink heights

• Non-compliant toilet clearances

• Missing accessible accessories such as mirrors and dispensers

Vertical Accessibility Issues

• Buildings without elevators where required

• Inaccessible mezzanines or upper floors

• Insufficient access to public amenities

These deficiencies are especially common in office buildings, restaurants, retail centers, medical facilities, hotels, and mixed-use commercial properties built before current accessibility standards were adopted. [know-the-ada.com], [know-the-ada.com]

The Significant Legal Risk of ADA Violations

ADA litigation continues to be one of the fastest-growing areas of civil rights enforcement. According to data compiled from federal courts, approximately 8,800 ADA Title III lawsuits were filed in federal court during 2024. [adatitleiii.com], [adatitleiii.com]

While a growing number of cases involve websites and digital accessibility, physical accessibility barriers remain a substantial source of litigation. Website accessibility lawsuits alone represented approximately 28% of all federal ADA Title III cases filed in 2024, meaning roughly 72% of ADA Title III lawsuits involved other accessibility issues, including physical barriers in buildings and places of public accommodation. [adatitleiii.com]

In states such as Florida, California, New York, and Illinois, businesses are frequently targeted by ADA lawsuits alleging inaccessible parking, entrances, restrooms, paths of travel, and service counters. Many lawsuits are filed without prior warning, forcing owners to either settle or incur substantial legal expenses defending the claim. [adatitleiii.com], [darroweverett.com]

Why Remediation Is More Cost-Effective Than Litigation

The cost of correcting many ADA deficiencies is often significantly lower than the cost of defending a lawsuit. Common remediation measures include:

• Re-striping accessible parking spaces

• Installing compliant signage

• Adjusting door hardware

• Reconfiguring restrooms

• Adding ramps

• Modifying service counters

• Improving wayfinding signage

Many of these improvements can be completed during routine maintenance or renovation projects. In contrast, ADA claims can result in legal fees, settlement costs, expert witness expenses, and court-ordered corrective actions. Furthermore, negative publicity associated with accessibility lawsuits can damage a business's reputation and customer trust.

A Strategic Approach to ADA Remediation

The most effective way to reduce liability is through a proactive ADA assessment. A professional accessibility survey can identify barriers and prioritize corrective actions based on risk, cost, and impact.

A typical remediation program includes::

1. Facility Assessment

Comprehensive evaluation of parking, entrances, routes, restrooms, amenities, and operational practices.

2. Compliance Report

Documented findings identifying non-compliant elements and recommended corrective measures.

3. Prioritized Remediation Plan

Establishing a phased improvement strategy based on budget, business operations, and legal exposure.

4. Design and Construction Support

Preparing construction documents and implementing modifications in accordance with the 2010 ADA Standards for Accessible Design. [ada.gov], [access-board.gov]

5. Ongoing Compliance Management

Regular reviews during renovations, tenant improvements, and facility upgrades.

Accessibility Is More Than Compliance

ADA remediation should not be viewed solely as a legal obligation. Approximately one in four adults in the United States lives with some form of disability, making accessibility an important business and community consideration. Accessible buildings serve a broader customer base, improve safety for all occupants, and demonstrate a commitment to inclusion.

As aging infrastructure continues to dominate the commercial real estate landscape, building owners who proactively address accessibility barriers will be better positioned to reduce legal risk, improve customer experience, and protect the long-term value of their properties.

Conclusion

Many older buildings remain non-compliant with modern ADA accessibility standards, exposing owners to substantial legal and financial risk. While accessibility lawsuits continue to rise nationwide, proactive assessment and remediation can significantly reduce exposure while creating safer and more inclusive environments. Property owners who invest in barrier removal today are not only protecting their businesses from litigation but also ensuring equal access for everyone who enters their facilities.