Class 11: ADA Title III (Public Accommodations)
Ben & Jerry’s Ice Cream Company recently repurchased their ice cream company back from Unilever. As a small local company and under the auspices of Unilever, B&J had always accommodated people with disabilities. In its plant in Burlington, Vermont, the company has a museum open to the public.
Ben Cohen (of Ben & Jerry’s) called for assistance. He wants to make sure the museum end of the B&J factory is accessible to visitors with disabilities. Some important details about the factory include:
The factory is about 30 years old and has not been renovated since it was built, but the company is now thinking about updating the facility
There are three parts of the facility: (a) a museum and store (b) the factory that has public-viewing areas; and (c) the back of the factory that is only accessible to employees
Members of the public who visit the facility have the opportunity to take a guided tour of factory led by a B&J Flavor Expert
The store that is attached to the museum has 5 aisles, 2 check-out counters, three-steps to get in and 10 parking spaces
Ben would like to know what are the ways he needs to make the museum accessible to people with disabilities. Ben is aware that he is going to need to spend money on this endeavor, but he did mention that the museum has not been receiving as many visitors as it had in past years and as a result has taken a financial hit. He also thought it was important to tell you that he has seen visitors at the museum who use wheelchairs and have visual impairments. However, he claims to have never had an individual who was deaf or hard of hearing.
Questions:
1. What are some actions Ben needs to take to make his facility accessible to people with disabilities? He especially wants to know which individuals with disabilities he needs to accommodate and which he may not have to.
2. Would your answer change if the company undertook major renovations to the whole complex? If it built a whole new factory and museum?
3. Do you think the ADA is too tough on businesses? Should the ADA be amended to include a notice requirement to give businesses a chance to fix accessibility issues before they can be sued?
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