Does Your California Small Business Need ADA Compliance?

ADA Restaurant Compliance Guide 2024

Americans with Disabilities Act (ADA) compliance means ensuring your business is physically and digitally accessible to people with disabilities, as required by both federal and California law. That includes parking spaces, restrooms, entrances, signage, websites, and more—depending on your type of operation.

If you run a small business in California—whether it’s a retail store, office, restaurant, or service provider—you are legally obligated to meet accessibility standards under the ADA and California Building Code. This holds true whether you rent your commercial space or own the building. And no, being “small” doesn’t get you a pass.

In this guide, we’ll walk through what ADA compliance actually requires, how enforcement works in California, and what triggers an inspection or lawsuit. You’ll also learn how to avoid common pitfalls, when to bring in a CASp inspector, and what updates might be needed to avoid expensive surprises. Let’s break it down.

What does ADA compliance actually mean In California?

ADA compliance means your business is accessible to people with disabilities—not just ethically, but legally. Under the federal Americans with Disabilities Act (ADA), this includes things like ramps instead of stairs, door handles that don’t require a tight grip, enough clearance in restrooms, and websites that can be used with screen readers.

But here’s the thing: in California, the standards are even stricter.

While the ADA is a federal law, California businesses must also follow California Building Code Title 24, which adds more detailed accessibility rules. Title 24 often goes beyond the federal minimums, especially when it comes to restroom access, signage, doorway widths, and slope tolerances for ramps.

So if your building passes federal ADA inspection but fails California’s Title 24 requirements? You’re still liable under state law.

ADA compliance, then, is not a checklist you complete once. It’s an ongoing responsibility that includes physical access, digital accessibility, and proper documentation. And if you’re in California, the bar is set higher—so staying informed is half the battle.

Is your restaurant ADA COMPLIANT?

Avoid fines, let us help you get compliant. Speak to one of our friendly experts today!

What areas must be ADA compliant?

Do All Restaurants Have To Be ADA Compliant

Think about how someone with a mobility or sensory disability experiences your space:

  • Entrances must be accessible without stairs, with doors that are easy to open and wide enough for a wheelchair.

  • Restrooms need proper turning clearance, grab bars, and accessible sinks and dispensers.

  • Parking lots must include properly marked accessible parking spaces with correct slope, signage, and access aisles.

  • Service counters (like at a reception desk or checkout) have height and clearance rules.

  • Websites are also covered under ADA standards when they serve the public. If someone using a screen reader can’t navigate your website, that’s a legal problem waiting to happen.

California takes this even further with Title 24 of the California Building Standards Code, which spells out exact dimensions, slopes, and signage rules that exceed federal standards in many areas.

To understand how compliance is verified, look into the Certified Access Specialist (CASp) program, which lets you voluntarily assess your property and fix issues before lawsuits happen. CASp reports can also offer legal protection in the event of a claim.

Want to go straight to the source?

So what does that mean for your business? If you’ve got a physical location, a website, or both—you need to understand which areas fall under ADA and Title 24 rules. The sooner you address them, the less likely you’ll face complaints or lawsuits.

Do all small businesses need to follow ADA rules?

What Are The Legal Implications Of Non-Compliance

Yes — and here’s why that surprises a lot of business owners.

The Americans with Disabilities Act (ADA) is a federal civil rights law, which means it applies regardless of how big or small your business is. There’s no exemption just because you’re a solo operator or only have a few employees.

If your business is open to the public, you’re expected to comply.

Let’s look at what that means in practice:

  • A local hair salon must ensure wheelchair access at the entrance, accessible sinks, and restrooms with proper grab bars.

  • A small coffee shop needs accessible counters, parking, and clear aisle widths inside the shop.

  • A chiropractor’s office must provide accessible paths from parking to treatment rooms and ensure signage meets visibility standards.

  • Even an online-only business, like an e-commerce store or digital service provider, may be required to maintain an accessible website that works with screen readers and other assistive tech.

California goes a step further. State law allows private lawsuits against noncompliant businesses even for first-time violations under statutes like the Unruh Civil Rights Act and California Disabled Persons Act. This means small businesses often face real legal risks over things like missing ramp access or hard-to-read websites.

So what’s the takeaway? Size doesn’t protect you. If you run a business in California — even from a single storefront or website ADA rules likely apply to you. And skipping compliance isn’t just risky. It’s expensive if you get sued.

We’ll dive into what those risks look like next.

Are home-based or online-only businesses affected?

Yes — and this is where many small business owners get caught off guard.

Even if you don’t have a physical storefront, you’re not off the hook. Online-only businesses can still violate the ADA, especially when their websites are not usable by people with disabilities.

Let’s break this down.

The ADA doesn’t mention websites by name (it was passed in 1990), but courts and the Department of Justice have made it clear: your website is considered a “place of public accommodation” if you sell goods or services to the public. That means it must be accessible to people with visual, auditory, and motor impairments.

This is where WCAG 2.1 comes in — the Web Content Accessibility Guidelines. These aren’t just suggestions. They’re the gold standard courts use to judge whether a website is ADA compliant.

Now here’s the thing. Small business owners often assume they’re too small to be targeted. But lawsuits tell a different story.

A popular Reddit post in r/smallbusiness told the story of a solo Etsy seller who got hit with a demand letter for not having alt text or keyboard navigation on their website. They didn’t even know web accessibility was a legal issue until the lawsuit landed.

This is increasingly common in California. Serial plaintiffs are filing claims over websites that can’t be used with screen readers, don’t have proper colour contrast, or rely on inaccessible dropdown menus.

If your business operates fully or partially online, it’s worth having your website reviewed for accessibility. The cost of ignoring it can be much higher than the cost of getting it right.

What are the ADA rules for physical storefronts?

If your business has a front door and welcomes the public, it needs to be accessible. The ADA doesn’t give exceptions for tight budgets or old buildings. If someone in a wheelchair can’t get in or use your restroom, that’s a compliance issue.

Let’s break this down with some real-world context.

Common barriers in small storefronts often include:

  • Steps or uneven entries without ramps or curb cuts

  • Doorways that are too narrow for wheelchairs or walkers

  • Restrooms lacking grab bars, proper turning space, or accessible sinks

  • High counters without a lowered, accessible section for transactions

Even something as simple as a doorknob that requires tight grip and twisting — rather than a lever handle — can trigger a violation.

Take a small café in San Diego that was recently hit with a CASp inspection after a complaint. The café had just one bathroom, but it didn’t meet California Title 24 requirements. There was no grab bar, the sink was too tall, and the door required force that exceeded accessibility standards. Within weeks, they received a violation notice and were forced to make quick upgrades that cost over $15,000 — not including legal fees.

The lesson? Most physical barriers are fixable, but it’s better to address them proactively than to wait for a lawsuit or state agency complaint.

You don’t need to guess what’s required. A certified CASp inspection can identify what’s noncompliant and what steps to take next. You can learn more about that in our DSA services overview, which explains how inspections work and how to get compliant without delay.

What about office-based businesses?

Just because your business doesn’t serve walk-in customers doesn’t mean you’re off the hook for ADA compliance. Offices whether they’re law firms, design studios, or medical clinics — still fall under federal and California accessibility laws if they’re open to employees, clients, or the public.

Here’s the thing: any space where people work or meet must be accessible. That means your reception area, meeting rooms, restrooms, and main pathways should be usable by people with mobility or sensory impairments. Even if your team is small, if you have employees or visitors, ADA rules still apply.

Let’s say you lease an office suite in a commercial building. You’ve got a private entrance, a few client meeting spaces, and a staff kitchen. The building itself must meet accessibility standards such as elevators, entrance ramps, and shared hallways. But you, as the tenant, are also responsible for what’s inside your suite. If your bathroom lacks grab bars or your meeting room has no accessible route for a wheelchair, that’s on you.

California courts have ruled that tenants and landlords can both be liable depending on lease terms. That’s why it’s smart to clarify who’s responsible for compliance especially before signing or renewing a lease.

Still unsure what’s yours to fix versus the property owner’s job? A CASp inspection can document existing conditions and help allocate responsibilities fairly. If you’re looking to prevent misunderstandings with your landlord and avoid legal issues, start with a professional ADA compliance assessment through a trusted commercial building consulting service.

Is your website legally required to be ADA compliant?

if your business website offers goods or services to the public, it is likely subject to ADA compliance, especially in California.

Here’s what matters. Title III of the Americans with Disabilities Act prohibits discrimination by places of public accommodation, and that definition has evolved with the internet. In Robles v. Domino’s Pizza, LLC (Ninth Circuit, 2019), the court ruled that the ADA applies to websites connected to physical locations — and that failure to provide accessible digital experiences can violate federal law.

That ruling set the tone for how California courts treat web accessibility. If you run a retail store, restaurant, doctor’s office, or any business with both a physical and online presence, you’re expected to make your site accessible. But the risk doesn’t stop there. Even online-only businesses — from e-commerce to virtual consulting — have been sued under the Unruh Civil Rights Act, which doesn’t require a physical location to trigger liability.

The generally accepted standard is WCAG 2.1 Level AA, which covers things like screen reader compatibility, colour contrast, keyboard navigation, and form labels. That’s what most courts and legal settlements now point to as the technical benchmark, even though it isn’t formally codified into federal law yet.

Hundreds of California businesses have faced web accessibility lawsuits in the past few years. Many were small outfits — photographers, boutique shops, coaches — surprised to be served with demand letters. Threads on Reddit and Quora show the same concern over and over: “I just sell candles online — do I need to worry about the ADA?” The short answer: yes. If your website is open for business, it should be accessible.

Not sure where your site stands? Consider a website ADA compliance audit by a qualified accessibility consultant. It’s a smart way to reduce risk before it becomes a problem.

PRO TIP!

Regularly review and update your policies and practices to ensure ongoing ADA compliance and address any new accessibility needs.

Mark Thompson

ADA Compliance Specialist

What’s the penalty for being noncompliant?

it’s more than just a slap on the wrist. In California, ADA violations are enforced under both federal law and the state’s Unruh Civil Rights Act, which means the financial risk stacks quickly.

Under the Unruh Act, businesses can be fined up to $4,000 per access violation, per visit — not per day, but each instance someone encounters a barrier. Add attorney’s fees, court costs, and potential settlements, and even a single lawsuit can cost small businesses tens of thousands of dollars.

And here’s the uncomfortable truth. California is known for “drive-by” ADA lawsuits, where serial filers visit multiple businesses with the sole purpose of spotting violations and filing claims. These plaintiffs — sometimes working with the same attorneys — may target restaurants, salons, gas stations, retail shops, and even businesses with no public interior, like parking lots or building entrances.

Many of these suits settle quickly, not because the business did something egregious, but because the cost of fighting in court is often higher than paying a settlement. Common settlement ranges in California land between $10,000 and $25,000, especially for first-time violations. That number climbs if the plaintiff proves the barrier existed for a long time or was previously flagged.

This is why businesses across the state — especially those in retail, food service, and commercial real estate — are now proactively working with Certified Access Specialists (CASp) to inspect and correct issues early. A CASp inspection doesn’t make you lawsuit-proof, but it can reduce legal exposure, especially if performed before a claim is filed

How common are ADA lawsuits in California?

Communication Accessibility In Restaurants

California sees more ADA lawsuits than any other state in the country. This isn’t speculation — it’s backed by real numbers and legal filings. According to data from the U.S. Department of Justice and federal court dockets, California routinely accounts for over 40% of all ADA Title III lawsuits filed nationwide.

In 2022 alone, California saw more than 3,200 federal ADA lawsuits, most of them targeting small and mid-sized businesses. This includes physical access claims (stairs, restrooms, door handles) and digital accessibility lawsuits (websites and mobile apps that don’t meet WCAG standards).

Here’s the part that matters for small business owners: many of these lawsuits are filed by a handful of repeat plaintiffs. These serial filers — sometimes backed by law firms that specialise in accessibility claims — target businesses they suspect have physical or digital barriers, especially those that haven’t undergone a Certified Access Specialist (CASp) inspection.

There are also court rulings unique to California that shape this legal landscape. One of the most referenced is Munoz v. 7-Eleven, which clarified liability even for minor infractions, and Martinez v. Cot’n Wash, which involved claims against an online-only business for failing to provide accessible digital content. These cases show how aggressively the courts have interpreted ADA obligations under both federal law and the California Unruh Civil Rights Act.

Put simply: ADA lawsuits in California aren’t rare — they’re routine. If your business is open to the public in any way (including online), and hasn’t proactively addressed accessibility, it’s not a question of if you’ll be targeted, but when.

Where should you start?

Communication Accessibility In Restaurants

If your business hasn’t taken any steps yet, the best move is to schedule a CASp inspection. That’s short for Certified Access Specialist. In California, this is the gold standard for evaluating whether your physical space complies with state and federal accessibility laws.

A CASp inspection isn’t just a checklist. It’s a legal tool. Here’s how it works:

  1. An inspector evaluates your property for ADA and California Title 24 compliance — things like doorway widths, restroom setups, ramp slopes, parking, and more.

  2. They provide a confidential report outlining what’s compliant and what’s not.

  3. You receive a detailed action plan, giving you a roadmap to fix issues in the right order.

  4. Most importantly, if you’re inspected before a complaint is filed, you gain “qualified defendant” status. This means reduced liability and early settlement protections under California law.

Many business owners assume they can figure things out as they go. That’s risky. Without formal documentation, even small oversights — like a bathroom mirror mounted too high — can trigger a lawsuit.

Start with the CASp inspection. It puts you on record as proactively addressing accessibility, which courts take seriously. And if you’re not sure who to hire, California’s Division of the State Architect (DSA) has a searchable database of certified specialists.

This is the single most effective way to reduce legal risk and start moving toward full ADA compliance with clarity and confidence.

What upgrades are usually needed?

Here’s the thing, most ADA compliance upgrades for small businesses are physical, visible, and entirely fixable. You’re not reinventing your building. You’re removing barriers.

Common upgrades include:

  • Clear, tactile signage: Exit signs, room labels, and restroom indicators must include braille and be mounted at the correct height.

  • Accessible entrances: This might mean installing a ramp, adjusting door pressure, or widening an entryway so someone using a mobility device can enter without assistance.

  • Restroom improvements: This includes grab bars, turning radius space, accessible sinks, and mirror placement. Even paper towel dispensers and toilet height matter.

  • Service counters: Many small businesses need to add a lowered section of their sales or service counter that a wheelchair user can access comfortably.

  • Path of travel: Hallways, aisles, and walkways need to be wide enough and free from obstructions.

  • Parking spaces: You’ll need a van-accessible space with proper striping, signage, and a compliant access aisle if you offer parking.

  • Door hardware: Traditional round knobs don’t cut it. Lever-style handles are required under accessibility rules.

What’s needed depends on your space and your current setup. That’s why a CASp inspection is so useful. it pinpoints exactly where you’re falling short and what the law expects you to fix.

If your building is older, these upgrades aren’t optional. There’s no grandfather clause in the ADA. You’re expected to remove barriers when it’s readily achievable — meaning doable without excessive difficulty or expense for your business.

Making these updates isn’t just about avoiding legal risk. It’s about showing that your business is open to everyone, without friction or frustration.

Can you get financial help for ADA improvements?

Yes — both federal and California-specific programs exist to offset the cost of ADA compliance.

Let’s break it down:

Federal ADA Tax Credit (IRS Form 8826)

The IRS offers a tax credit to help small businesses cover ADA-related expenses. This is not a deduction — it’s a direct credit against taxes owed.

  • You can claim up to $5,000 per year

  • Covers eligible access expenditures between $250 and $10,250

  • Applies to physical upgrades (like ramps or accessible restrooms), communication aids, and ADA training

You’ll need to file IRS Form 8826 along with your tax return. To qualify, your business must make less than $1 million in revenue or have fewer than 30 full-time employees.

More info: IRS ADA Credit Overview

California Accessibility Grants

While there isn’t a blanket statewide grant for every business, there are localized and industry-specific grant programs available across California. For example:

  • Some cities (like Los Angeles and San Francisco) offer Small Business Accessibility Grants

  • Certain Business Improvement Districts and Chambers of Commerce also provide matching funds or small improvement grants

  • California’s Division of the State Architect (DSA) offers resources and guidance on funding options, especially for buildings undergoing retrofits or permitting

If you’re already working with a Certified Access Specialist (CASp), ask them about programs that may apply to your jurisdiction — they often know what’s available locally and how to apply.

Bottom line: Don’t let cost scare you off. ADA compliance isn’t always as expensive as it seems, and there’s real money on the table to help you do it right.

Who is responsible — you or your landlord?

It depends on your lease, but responsibility is often shared between the tenant and the property owner.

ADA liability doesn’t just rest with one party. Under federal law, both the tenant and the landlord can be held accountable for accessibility issues, depending on the part of the property involved.

What your lease says matters

Many commercial leases have “compliance with laws” clauses, which can shift responsibility for ADA compliance entirely to the tenant — even if you don’t own the building. Other leases split duties:

  • Landlords might be responsible for common areas like shared parking lots, entrances, or restrooms.

  • Tenants usually cover the interior of their leased unit, including customer areas, counters, signage, and restrooms (if exclusive-use).

Some leases are vague, which can lead to legal gray zones when a lawsuit hits. If ADA upgrades are needed and it’s unclear who’s on the hook, you could both get sued — and the court might decide how to assign fault based on use and control of the space.

Landlord-tenant ADA disputes are common

In California, it’s not unusual for a small business owner to get sued, then turn around and sue the landlord for breach of lease or indemnity. But those cases can drag out and rack up legal fees. The better move is to clarify ADA responsibilities upfront, before you sign.

If you’re leasing space now, it’s smart to have a Certified Access Specialist (CASp) do a pre-lease inspection. That gives you leverage to request modifications or negotiate cost-sharing before problems arise.

Bottom line: Don’t assume your landlord has it covered. Read the lease, ask questions, and get clarity — because when it comes to ADA compliance, ignorance will not protect you from liability.

How to bring up ADA issues with a property owner

Start with the facts: explain what part of the property isn’t accessible, why that’s a legal issue, and how it affects your business. Don’t accuse — just point to the law.

Here’s a practical approach:

Step 1: Reference California Civil Code §1938

This law requires landlords to disclose whether a property has been inspected by a Certified Access Specialist (CASp). If they haven’t provided that disclosure, you have legal standing to ask.

“Has this space been CASp inspected, as required under Civil Code §1938? If not, I’d like to schedule one and review the report together.”

This keeps the tone cooperative but grounded in law.

Step 2: Use the CASp report as a neutral basis

If you’ve already had a CASp inspection, present the report as an objective third-party assessment. It’s not you saying the bathroom is noncompliant — it’s the report.

“According to the CASp report, the restroom doesn’t meet ADA clear floor space standards. This affects customer use, and we should address it together.”

Step 3: Propose a clear plan or cost-share

Don’t just complain — suggest next steps. For example:

  • “Can we split the cost of adding compliant signage?”

  • “Would you be open to handling exterior access if I cover interior updates?”

Put it in writing. Be polite but firm.

Pro tip: If you’re signing a lease, raise ADA concerns before you sign. Once you’re locked in, you may be fully responsible for updates — even outside your control.

Bottom line: ADA compliance isn’t optional. It’s a legal duty. Bringing it up clearly and early protects you and helps avoid future lawsuits or lease disputes.

Real Concerns from Small Business Owners

Do I really need to fix my parking lot for one complaint?”

Yes. One complaint is all it takes to trigger a lawsuit — especially in California.

It’s not about how many people are complaining. It’s about whether a real barrier exists. If a disabled person can’t park, access your entryway, or safely navigate the lot, that’s a violation, even if you’ve never received formal notice.

And California’s Unruh Civil Rights Act stacks on top of the federal ADA. This means up to $4,000 per violation, plus attorney’s fees — not including settlement costs. Lawsuits can come from first-time visitors, not just regulars.

A few uneven spaces or missing signs can be enough to trigger a claim.

Here’s the nuance: ADA doesn’t require perfection. It requires reasonable accommodation. So if you can demonstrate progress or show that you’ve started a plan to fix issues, courts may see that in your favour. Ignoring the issue altogether is what gets businesses in trouble.

I rent my space and don’t have funds to remodel—what now?”

Start with what’s in your control. Focus on low-cost, high-impact fixes.

Reddit threads are full of small business owners stuck between uncooperative landlords and tight budgets. You’re not alone.

Here’s what you can do without major renovations:

  • Install ADA-compliant signage

  • Adjust shelving or counter heights

  • Rearrange seating for better mobility

  • Add temporary ramps if needed

  • Provide portable grab bars or easy-pull handles

If you’re overwhelmed, a CASp inspection can break it into phases. This gives you a barrier removal plan, which courts may accept as proof you’re making good-faith progress. Plus, if you get sued, you may have some legal protections under California’s construction-related accessibility standards law (SB 1608).

And don’t forget the ADA tax credit (IRS Form 8826) — it can cover up to $10,250 in eligible improvements each year.

How do I know if my website’s accessible enough?

These are free, browser-based tools that scan your site for accessibility issues: missing alt text, poor contrast, unreadable fonts, inaccessible forms — the basics.

Many Reddit users think if their site is hosted on Wix, Shopify, or Squarespace, it’s automatically compliant. It’s not. There are lawsuits against business owners using those platforms — because your content is still your legal responsibility.

The Ninth Circuit Court has ruled that if your business serves the public — and your website is a “gateway” to your services — then ADA Title III applies. This means websites must meet at least WCAG 2.1 AA standards.

And California has seen hundreds of web accessibility lawsuits, often over basic things like missing labels or keyboard navigation failures. Don’t wait for a demand letter. Fix it now.

If you’re not sure where to begin, check if your provider offers accessibility overlays or plugins, but don’t rely on them completely. Some can actually create more problems than they solve.

Bottom line: if your site helps customers buy, book, or learn about your service — then yes, it needs to be accessible. Start small, scan your pages, and fix what you can.

ADA Compliance Checklist for California Small Businesses

If you own or operate a business in California that serves the public, ADA compliance isn’t optional. Here’s a practical, stripped-down checklist to help you spot common issues and start fixing them.


Physical Access

Start with how people get in and move around your space.

  • Ramps: Are there curb ramps with the right slope? Are handrails present and secure?

  • Doors: Do entry doors have at least a 32-inch clear width when open? Can they be opened with minimal force?

  • Counters: Is at least one portion of the counter 36 inches high or less for seated access?

  • Bathrooms: Do you have at least one accessible restroom with grab bars, sink clearance, and turning space?

Most violations start here. These are the things people notice  and sue over  first.


Parking

Parking violations are some of the most commonly cited issues in California ADA lawsuits.

  • Marked accessible spots: Do you have the correct number based on total spaces?

  • Van-accessible spot: At least one must be van-ready with an 8-foot access aisle.

  • Signage: Is each space clearly marked with the ISA (International Symbol of Accessibility)?

  • Surface slope: Accessible spaces must be level — under 2% slope in all directions.

Use a level app if you’re unsure. If the slope’s wrong, it’s a problem, even if the paint is perfect.


Signage

Good signage isn’t just helpful. It’s required.

  • Tactile/Braille: Restrooms, exits, and room IDs need tactile and Braille signs.

  • Mounting height: Most must be mounted 48–60 inches from the floor to the centerline.

  • Contrast: High visual contrast between text and background is required.

Skip fancy fonts and low-contrast colors — they won’t pass inspection.


Websites

If your business has a website that offers goods, services, or booking it must be accessible.

  • Navigation: Can users tab through menus and buttons using a keyboard?

  • Screen reader compatibility: Are images labeled with alt text? Are headings structured correctly?

  • Free testing tools: Use WAVE, AXE, or Google Lighthouse to run basic audits.

  • WCAG 2.1 AA is the current standard. Anything less puts you at legal risk — and yes, California courts enforce it.

Even template-based platforms like Wix or Squarespace don’t guarantee compliance. It’s your responsibility.


Service Animals & Communication

The ADA requires equal access to services and communication.

  • Service animals: Your staff should know the two legal questions they can ask — and that emotional support animals aren’t protected under Title III.

  • Communication access: Have written materials available in accessible formats (large print, digital). Offer notepad or text-based options if a customer is deaf or hard of hearing.

  • Staff training: Make sure your team knows what’s required — ignorance is not a defence.


Final note: This checklist covers the most common pain points that trigger lawsuits and compliance issues. It’s not a full legal audit — that’s what CASp inspections are for. But if you start here and address these basics, you’re already way ahead of most businesses in California.

What To Do If You're Already Facing an ADA Complaint

So, you’ve received a demand letter or lawsuit. Here’s the thing — you cannot afford to ignore it. California is one of the most aggressive states for ADA litigation, and the clock starts ticking the moment that complaint lands in your inbox.


How to respond to a lawsuit or demand letter

Don’t wait. Don’t guess. Don’t wing it.

Your first move should be to get in touch with an ADA attorney who knows California’s rules inside and out. These cases often hinge on technical compliance, so guessing your way through a response will only make things worse.

At the same time, contact a Certified Access Specialist (CASp). A CASp inspection gives you a credible, legally recognised evaluation of your property — and sets the groundwork for potential legal protection.

Here’s how it typically plays out:

  • The attorney handles the legal side — timelines, settlement negotiations, liability.

  • The CASp identifies what’s actually wrong and helps you build an action plan to fix it.

That two-pronged approach shows the court or opposing party that you’re taking compliance seriously. And that matters.


Can a CASp inspection protect me after a complaint?

Yes. Even after you’ve been sued, a CASp inspection still helps.

Under California law, if you had a CASp inspection before the lawsuit, you may qualify for reduced statutory damages and a stay of legal proceedings to fix the issues. But even after a lawsuit starts, getting a CASp involved:

  • Can help limit further liability

  • Strengthens your position in settlement talks

  • Shows good faith effort to comply

  • Helps you avoid repeat lawsuits down the line

Keep in mind: courts don’t expect instant perfection, but they do expect documented effort. If you’re not sure where to start, schedule a CASp inspection immediately. Then send that report to your attorney and work together on a fix plan.

This isn’t about playing defense. It’s about showing you’re taking ownership and that makes all the difference.

Quick Snapshot: ADA Compliance for California Small Businesses

What Is ADA Compliance?ADA requires accessible access to goods and services for disabled individuals.
Who Needs It?All public-facing businesses in California, regardless of size.
PenaltiesUp to $4,000 per violation under the Unruh Act, plus legal fees.
First StepGet a CASp inspection to spot compliance issues and reduce legal exposure.
Website RulesYes, websites must meet WCAG 2.1 AA standards for accessibility.
Financial HelpIRS tax credits (Form 8826) and California grants may help cover upgrades.

 

Final Thoughts: Make ADA Compliance a Smart Business Move

ADA compliance isn’t just a box to tick. It’s a chance to build a better business—one that’s open, inclusive, and future-ready. When your space or website is accessible, you’re not just avoiding lawsuits. You’re welcoming more customers.

Think of it this way: accessibility equals inclusivity, and inclusivity drives sales. Whether it’s a parent with a stroller, a veteran with mobility needs, or a neurodivergent visitor navigating your website—accessibility helps everyone.

And here’s the bottom line: ADA compliance is not just a legal requirement—it’s a growth strategy. It tells the world your business is modern, considerate, and ready to serve all.

If you’re not sure where to start, start smart. Get a CASp inspection. Ask questions. Take action. The longer you wait, the more risk and opportunity you leave on the table.

Helpful Links for California Business Owners

Ensure your restaurant meets ADA standards!

Contact Martin Brothers ADA Inspection Services today!

42511_A realistic photograph of a male in his mid-40s wi_xl-1024-v1-0

Written by Mark Thompson

Mark Thompson is a passionate ADA Compliance Specialist with over 15 years of experience. His journey began as an environmental technician, where he recognized the importance of inclusive design. With a keen understanding of ADA regulations, Mark helps businesses navigate compliance challenges and creates welcoming environments for everyone.

Get a free quote today

Join our mailing list and receive special offers, updates, and discounted packages directly to your email.

By clicking “Submit”, you are signing up to receiving emails from us. You can unsubscribe whenever you like. SMS rates may apply. 

RECENT POSTS

Interested in learning more about ADA accessibility and how to achieve compliance?

Explore our blog!

Subscribe for ADA Updates

Join our mailing list and receive handicap accessibility updates directly to your email.

By clicking “Submit”, you are signing up to receiving emails from us. Text and data rates may apply. You can unsubscribe whenever you like.