Helping Retailers Navigate the Americans with Disabilities Act

Promoting and Advancing Petroleum Marketing, Retail Grocery, and Convenience Stores in West Virginia

Driving Local Business and Community Growth Across West Virginia

Our Purpose and Commitment

OMEGA is a West Virginia-based organization dedicated to supporting and advancing the business interests of the state’s petroleum marketing, retail grocery, and convenience store industries.

As a network of over 225 locally owned businesses, OMEGA actively promotes cooperation, advocates for favorable legislation, and provides education and resources to its members. With over 50,000 employees, OMEGA members significantly contribute to the state’s economy, generating more than 10% of all state taxes and supporting local communities through scholarships, charitable donations, and civic involvement.

OMEGA is committed to fostering industry growth while serving West Virginians with essential services like fuel, food, and convenience.

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Join a Community that Champions, Connects, and Elevates!

Your Essential Connection in West Virginia

OMEGA offers three types of membership: Convenience Store Members, Petroleum Marketer Members, and Grocer Members, all of which play a vital role in providing fuel, food, and essentials across West Virginia. As a liaison with state and national agencies, OMEGA works closely with organizations like NACS, PMAA, FMI, and the N.G.A. to advocate on behalf of its members.

We keep members informed through newsletters, legislative updates, an online resource hub, and educational seminars. Additional member benefits include access to the Encova Workers’ Compensation Discount Program and participation in our annual Trade Expo and fundraising efforts for children’s charities. OMEGA is here to support, advocate, and enhance the success of our industry members.

Recently, FMI hosted a webinar for members to examine the Americans with Disability Act, or “ADA,” based on recent trends in litigation, and ways to help mitigate potential risk.

By: Dana Graber, Regulatory Counsel, Food Marketing Institute <img src="https://www.fmi.org/images/default-source/blog-images/clark-young-uezxmrzffkq-unsplash.tmb-large-350-.jpg?sfvrsn=7dac536e_1" data-displaymode="Thumbnail" alt="Parking Lot" title="Parking Lot" style="float: right; margin-bottom: 10px; margin-left: 10px;" />The food retail industry is continuously looking for ways to increase cost-predictability to help ensure that prices stay low for consumers. This includes reducing the potential risk of costly litigation wherever possible. Recently, FMI hosted a <a href="https://www.fmi.org/events-education/webinars/member-only-webinars/webinar-recordings-member-only/2019/09/24/ada-issues-affecting-food-retail">webinar</a> for members to examine the Americans with Disability Act, or “ADA,” based on recent trends in litigation, and ways to help mitigate potential risk. In particular, the webinar focuses on Title III of the ADA which applies to “places of public accommodations,” and generally helps to ensure that individuals with disabilities have equal enjoyment of and access to the goods, service, privileges, etc. offered by these places. Our <a href="https://www.fmi.org/docs/default-source/gr/ada-quick-reference-flyer---what-is-the-ada---8-2019.pdf?sfvrsn=2653546e_2">Quick Reference Guide</a> is also available to help remind members what is required under the ADA.  Although there are many legitimate complaints, the ability to get attorneys’ fees and statutory damages (in some states) has to some degree made Title III an easy target for plaintiff’s attorneys looking to make a quick buck.  While the number of cases in federal courts continue to increase rapidly, webinar speaker <a href="https://ogletree.com/people/amber-l-roller/">Amber Roller</a> of Ogletree Deakins, indicated that a significant portion never make it to court. Rather, many plaintiff’s attorneys simply send a demand letter alleging a Title III violation and threatening litigation, with the expectation that many businesses will choose to simply settle outside of court. Because the settlements are often between $3,000 - $15,000 depending on the jurisdiction, potential defendants, including food retailers, regularly find it more cost efficient to simply settle. Many of the demand letters and litigation focus around “architectural barriers” and websites, as these are often easy targets. For the architectural barriers category, parking lots are the subject of many demand letters since potential plaintiffs can often locate violations using satellite mapping systems or without entering the stores. Restrooms are another common target, as plaintiffs can easily search for wrapped pipes, appropriate hardware, etc. or measure sink, strike side door clearance, etc. out of view.  Similarly, potential plaintiffs can browse websites for possible violations without even being in the same state as a store. In addition to the webinar, we have worked with outside counsel to prepare some additional resources to help members reduce their risks.  <ul> <li>FMI’s <a href="https://www.fmi.org/docs/default-source/gr/ada-quick-reference-flyer---common-architectural-barriers---8-2019.pdf?sfvrsn=2053546e_2">Quick Reference Guide: Common Architectural Barriers</a> provides members with an easy reference guide for common barriers in the parking lot, restrooms, checkout aisles, and in other general areas of the store. </li> <li>The <a href="https://www.fmi.org/docs/default-source/gr/ada-quick-reference-flyer---website.pdf?sfvrsn=2753546e_2">Quick Reference Guide: Website Accessibility</a> looks at potential standards stores can look to and ways that stores can reduce risk when developing their website.</li> </ul> <a href="https://www.fmi.org/events-education/webinars/member-only-webinars/webinar-recordings-member-only/2019/09/24/ada-issues-affecting-food-retail" class="button-secondary">Watch The Webinar Recording</a>

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Supporting West Virginia Communities

OMEGA members play a vital role in West Virginia, supporting communities through substantial tax contributions and a wide-reaching presence across the state. With over 55% of the population living in border counties, our members are dedicated to serving both local and regional needs. Beyond business, we’re proud to give back, having contributed over $3.1 million to children’s charities since 2003, reflecting our commitment to making a positive difference.