There is an old saying, “it’s not personal, it’s just business.” That corporate mantra still largely remains today and its implications are that feelings, emotions, perhaps even ethics, cannot interfere with the bottom line of maximizing profits. Sometimes, to make large corporations diligently adhere to the requirements of the Americans with Disabilities Act (ADA), you have to make them factor accessibility compliance into the bottom line. You have to make Big Business care.
On May 22nd, the Office of the Attorney General for New York released an announcement that it had reached an agreement with Kimco Realty Corporation to ensure ADA compliance at Kimco’s 34 statewide shopping centers. Kimco Realty Corporation is a publicly traded Fortune 500 company that owns and operates hundreds of shopping centers in over 40 states. In New York, concerns arose about Kimco shopping centers having barriers to access for persons with disabilities when an individual in a wheelchair complained of a lack of accessibility at a shopping center in Staten Island.
The New York Attorney General’s Office conducted an investigation and discovered several issues including an inadequate number of van-accessible parking spots, parking spaces that were too narrow, and curb cuts in the parking areas with slopes too steep and not flush with the street. There were also several ADA violations in restrooms and pathways at the stores and in the Kimco shopping center common areas.
Pursuant to the agreement, Kimco agreed to pay $90,000 to the state and conform its shopping centers to ADA requirements and standards. Kimco also agreed to conduct ADA training and submit any future construction plans for review by qualified ADA compliant experts. Certainly the state officials should be commended for their actions in the vigilant performance of their duty to protect the interests of New Yorkers with disabilities.
However, the unsung hero is the unnamed complainant who encountered the access problems with his wheelchair. Instead of ignoring the problem, he had the will to confront it. He brought the matter to the Office of the Attorney General and asked for action. He cared and he took action to make Kimco care.
If you encounter similar obstacles and need assistance to bring action, we at Access Advocates are here for you and have the experience and expertise necessary. Even better, it won’t cost you a dime. That’s right, our services are absolutely free to people with disabilities! Contact us for more information.