Do bar associations fall within the definition of “public accommodations” (under Title III of the ADA)?
Yes. Bar associations are places of public accommodation and are therefore required to accommodate individuals with disabilities. The only instance in which a business is not required to provide an auxiliary aid or service is if doing so would “fundamentally alter the nature of the goods or services being provided or cause an ‘undue burden’ for the business. ‘Undue burden’ is defined as significant difficulty or expense when considered in light of a variety of factors, including the nature and cost of the auxiliary aid or service and the overall financial and other resources of the business.” 2 It is important to understand that overall financial resources include those of the entire bar association, not just the fee arbitration program. As a result, bigger bar associations with revenue and staff are less likely to meet the undue burden standard than are smaller ones, which may be run entirely by volunteers. Unfortunately, there is no magic formula for determining the undue burden stan
