The Americans with Disabilities Act (ADA) is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life—to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services.
To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
The ADA does not specifically name all of the impairments that are covered. The ADA is located in the United States Code, beginning at 42 U.S.C. §12101.
Governmental Units that Must Comply With the ADA
Units of government at the state, county, and local levels are subject to the ADA and must comply with the ADA standards in new construction and alterations. All types of public facilities are covered, including schools, hospitals, public housing, courthouses, and prisons. Federal facilities are not covered by the ADA, but by an earlier law, the Architectural Barriers Act (ABA) and must meet separate, though very similar, standards.
Private Sector Places of Public Accommodation and Commercial Facilities
In the private sector, the ADA standards apply to places of public accommodation and commercial facilities. Places of public accommodation are facilities that affect commerce and that fall within twelve categories listed in the ADA statute—including stores, shops, restaurants, bars, sales or rental establishments, service establishments, theaters, places of lodging, recreation facilities, assembly areas, private museums, places of education, and others.
Nearly all types of private businesses that serve the public are included in the twelve categories, regardless of size. Commercial facilities include office buildings, factories, warehouses, manufacturing plants, and other facilities whose operations affect commerce.
Is ADA Compliance the Landlord’s Responsibility or the Tenant’s?
Most commercial leases include a provision that allocates the risk of liability and the cost of compliance with applicable laws to the tenant—but landlords and tenants may allocate responsibility for complying with the ADA’s requirements and liability for violations as they choose.
Any allocation of the risk of ADA liability and the cost of ADA compliance is effective only between the landlord and tenant and has no effect on the rights of persons filing lawsuits under the ADA for violations of the statute.
But the allocation of the risk of ADA liability and the cost of ADA compliance in the lease agreement is important because it may allow either the landlord or the tenant to pursue an indemnification claim against the other party to the lease agreement who assumed these responsibilities.
In Texas, the Americans with Disabilities Act (ADA) mandates that both public and private entities provide equal opportunities and access to individuals with disabilities. Public entities at the state and local levels, including schools, hospitals, and government buildings, must adhere to ADA standards when constructing new facilities or altering existing ones. The ADA also applies to private sector businesses that serve the public, such as retail stores, restaurants, and service establishments, which are categorized as places of public accommodation. Commercial facilities that affect commerce, like office buildings and factories, are also covered under the ADA. When it comes to ADA compliance in commercial leases, the responsibility can be allocated between the landlord and tenant as they agree. However, this allocation only affects their relationship and does not impact the rights of individuals with disabilities to seek legal action for ADA violations. Landlords and tenants may include indemnification clauses in their lease agreements to address potential liability and compliance costs, but these provisions do not absolve them from their obligations under the ADA to individuals with disabilities.
