Chamber of Commerce Highlights Manhattan Small Business Customer Access Constraints

To comply with applicable accessibility laws, small businesses in Manhattan face a morass of daunting obstacles.  

That was the recent testimony of Jessica Walker, the President and CEO of the Manhattan Chamber of Commerce, before the New York City Council.  

Her remarks also illuminate the stark choices faced by small businesses in the borough when legal claims are asserted against them. Such entities, which are often undercapitalized, must decide between shouldering the expense of being represented in court and proceeding without counsel.  

Walker, whose agency represents 129,000 Manhattan-based enterprises, detailed the struggles of a local boutique flower store facing a customer access-related lawsuit.  

The plaintiff alleged that its entrance did not adhere to the requirements of the Americans with Disabilities Act, a federal law. 

Despite merely renting (as opposed to owning) the store location; its owner was named as a defendant in the complaint, Walker testified. The building’s landlord was also targeted.    

To defend itself, the business hired an attorney. Simply retaining counsel cost $5,000; some or all of such amount will be spent on legal fees even if the claims in question are ultimately found to be without merit and dismissed.  

Small businesses, Walker argued on May 9, have no interest in being inaccessible to potential customers as many depend on foot traffic to generate sales. Rather, their owners may not even realize they are out of step with applicable accessibility-related legal requirements. 

Walker and her colleagues “are seeing [not only] an increasing number of aggressive small businesses lawsuits targeting the accessibility of physical spaces but also online, targeting the accessibility of websites for the visually impaired.”

As businesses face a number of overwhelming challenges, it’s imperative, Walker concluded, for law-making bodies like the New York City Council “to provide carrots as opposed to only sticks” as it formulates customer access-related policies for small businesses. For example, NYC might offer financial incentives, like loans, grants, in-kind services and/or in-kind materials, to small businesses to spur customer access initiatives.

How much attention does your small business devote to compliance issues? Are there any specific blind spots that you regard as particularly worrying? If so, set up an introductory consultation with Castle Garden Law to cover your small business compliance challenges.