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I was surprised to see this label on my dog's box of treats. (I apologize for the large picture.) Products from L'Occitane (lotions, toiletries) also have Braille labeling. I hope to see more Braille labels on packaging since, at least in these instances, it does not seem to make the packaging cost-prohibitive.
A recent article posted on a legal self-help website stated that business owners should try to review their business for accessibility to capture the "disabled customer marketplace." Whether or not this review was done, the article goes on to state that a business cannot be sued for money damages anyway, so accessibility is good for attracting disabled customers but there is no need to fear being penalized monetarily if a business does not comply with the ADA.
This is an example of bad advice by "omission." It is true that the Americans with Disabilities Act allows plaintiffs who sue privately to obtain an injunction, not money damages. However, as several plaintiff's attorneys know, a plaintiff can recover attorney fees, and in some circumstances these fees have reached 5 and 6 figures. The small business audience reading the article mentioned above would be paying--it would be paying money to attorneys for their legal fees.
Additionally, if the Department of Justice decided to sue based on a person with a disability's complaint, then compensatory damages to the plaintiff could be recovered.
Finally, a disabled plaintiff who sues a business for being inaccessible can recover monetary damages in some states under state disability laws. In California, damages in the amount of $2,000 could result for each violation.
