Through ignorance or inattention, this contractor is placing his client in a perilous legal position. It is never OK to block an access aisle or use it for another purpose. Even if it’s somebody else’s fault that your site has accessibility problems, you are still the one that’s going to face the lawsuit. Remember — even if you win in court, you still have to pay your attorney potentially thousands of dollars. And that’s not even taking into account the time you have to take off work and the stress of a legal battle. Avoid liability in the first place: get an accessibility survey every five years and regularly check your own site for potentially dangerous situations.

You can always look up our pricing as well as the official sites with ADA info.

Or, for more specific questions call us at 866 982 3212×2 or email us at help@ytaccess.com

You see this sort of thing all the time. It’s pretty common for delivery trucks to park in access isles, too. If someone were to come along that needs this access aisle, this store could get a lawsuit. Never allow anything to block your access aisle, because it’s your butt on the line even if it’s not your fault.

You can always look up our pricing as well as the official sites with ADA info.

Or, for more specific questions call us at 866 982 3212×2 or email us at help@ytaccess.com

By Phillip K. Cha, Esq.

While the ADA imposes legal obligations on a business regarding providing access to the disabled public (usually its customers or clients), it also creates obligations between a business and its disabled employees. While these obligations are addressed in separate sections of the ADA (Title I addresses private employers, whereas Title III addresses public accommodations) and involve different legal issues, there are some significant areas of overlap that should not be ignored. Importantly, the ADA may require that a business take additional steps above and beyond removing access barriers for the public to ensure that its employees also are provided equal access to facilities.

To illustrate, under Title I, an employer is required to provide “reasonable accommodations” to qualified individuals with a disability. The ADA regulations identify various types of reasonable accommodations, including retrofitting, to allow disabled employees to enjoy the same benefits and privileges as those enjoyed by non-disabled employees. Specific examples of reasonable accommodations, much like those that may be required under Title III, include installing wheelchair ramps and proper signage. This requirement applies to both work-related and non-work facilities provided or maintained by the employer for use by employees, including break rooms, restrooms, lunch rooms and training rooms, which might not otherwise be open to the general public.

In light of the interplay between Titles I and III, any ADA compliance plan should account for the company’s obligations as a provider of public accommodations, as well as an employer. Failure to wear both hats in going through this process may expose a business to substantial liability under the ADA and State law.

Phillip K. Cha is a labor and employment law attorney with Swerdlow Florence Sanchez Swerdlow & Wimmer in Beverly Hills, California. If you have any questions about the ADA as it applies to employers, feel free to give Phillip a call at (310) 288-3980 or e-mail him at pcha@swerdlowlaw.com.

Yours Truly Accessibility and Frank Chen of Wasserman, Comden, Casselman & Esensten, L.L.P. will be presenting accessibility-focused seminars for businesses in Southern California.

The first seminar, entitled “ADA! Fear and Truth of Compliance”, will be hosted by the Culver City Chamber of Commerce on Tuesday, May 25, 2010 at the Four Points by Sheraton LA Westside, 5990 Green Valley Circle, Culver City, CA 90230.  This “hands-on” seminar includes a delicious buffet lunch.  This lunch and seminar is priced at $25.00 with paid reservations for Culver City Chamber members and $35.00 for non members.  Payment at the door will be $30.00 and $40.00.  To RSVP, contact Barbara Brody at 310-287-3850 or email barbara@culvercitychamber.com.

Note: This first seminar above has been postponed to a later date. The seminar below is still as noted.

The second is a breakfast seminar entitled “How to Accommodate Your Fastest Growing Customer Base:  Accessibility Considerations” hosted by the Alhambra Chamber of Commerce on Thursday, June 10, 2010 from 8:00 a.m. to 10:00 a.m.  It will be held at Almansor Court, 700 S. Almansor Street, Alhambra, CA 91801.  Cost is $20 per person.  Reservations can be made by contacting us at (866) 982 – 3212 extension 2 or emailing us at help@ytaccess.com

One of the most often-overlooked facets of Americans with Disabilities Act (ADA) compliance is the door.  While parking, restrooms and signage are all notorious for their complexities, doors remain on top of the list for the California Building Code (CBC) of priorities for removing architectural barriers.  This is because while restrooms are often the site of accessibility lawsuits (for reasons we can get into in another article), and parking lots are highly visible, doors are the only architectural barrier which can single-handedly stop someone from entering a site. They can also be a direct source of injury if the door closes too quickly or is so heavy that it pushes one off-balance. Fortunately, it is relatively inexpensive to improve your door’s accessibility, especially considering the benefits that it confers to all of your customers, and even the psychological impression that an easy or difficult entrance to your business can impart.

In general, the path of travel requires what is called a pedestrian envelope.  This means that as a person travels through a site (with or without a mobility aid), there needs to be a hazard-free zone surrounding them.  Some of these requirements include edge protection, lack of protruding objects, lack of slopes and cross-slopes and clear vertical head-space.  What often gets missed is that such requirements also extend through the doorway.

Already the door has many requirements unique to itself as an architectural component.  Between the ADA and the CBC there are almost 60 unique facets of a doorway each. But between the two (one a set of civil rights laws with building code, the other a set of building codes), almost 30 (depending on interpretation) of the door requirements are shared.  While many of these don’t apply to every door, some common requirements that do apply are to further ensure that the pedestrian envelope continues uninterrupted through the door way.

These requirements don’t include some of the unstated requirements that are because of the pedestrian envelope.  Some of these include the door closer height:

Door Closer Above Doorway: Not a Hazard	Door Closer Below Doorway: Possible Hazard

The door closer should always have its equipment above 80 inches.  Since commercial doors are often at 80 inches, to have the door closer arm extend under the doorway is a violation of the ADA.  While not all commercial doors are required to be accessible, as there can be multiple entrances to an area, or entrances to areas not serving the public within an employee area, doors that are accessible should be marked accessible when there are doors that are not accessible.  Thus door closers that go around the door-frame are preferred.  Door closers are a requirement for single user restrooms, so pay close attention to them.

Another common requirement for door closers is the closing time.  Doors that are self closing, such as those in restroom stalls, are required to take at least 3 seconds to close when held at a 70 degree position [diagram].  Door closers should also be adjusted so as to require less than 5 pounds of pressure.

Along with these height requirements there are also threshold requirements.  The ADA and CBC both allow for a maximum threshold height of ½ inches above the landing on either side if the threshold is beveled, ¼ inches if the threshold is not.  What is unstated in both and not allowed are horizontal gaps under the doorway of greater than ½ inches measured in the direction of travel.

While the pedestrian envelope constitutes one of the little understood applications of the code to doors, door usage goes beyond the code requirements.  Such knowledge requires a grasp of how the principles of the ADA apply to actual individuals using a given door.  Door hardware and door latch side clearances are two of such issues.

Door hardware constitutes one of the readily achievable facets of ADA compliance.  We are all familiar with the requirements of door usage — single knobs are no longer allowed.  What is often missed is the door latch (which in commercial doors can be at the bottom of the door) or the older style thumb-latch door handles.  Although not specifically mentioned, the use of a thumb with a pulling motion falls under the rubric of a complex twisting and grasping action which both the ADA and CBC outlaw.

Another set of requirements for the door which presents confusion involves the side clearances at doorways.  These clearances are essential to aid individuals using a mobility aid (such as a walker) in operating a door.  Wheelchair-using individuals and even parents with children inside strollers require level side clearances so they can get the leverage to pull open a door.  This space allows individuals to open the door without the added difficulty of moving backwards to make way for the door swing.  There are often a series of solutions that are co-present with solving latch side door clearances.  The most expensive but most encompassing is the installation of an automatic door opening device.  Alternative fixes would include reversing the door swing or moving it from one side to the other in order to comply with latch side clearances.  This of course, relies on knowledge about the local building code requirements on your building and about the different approach requirements to your door way.

Finally, the latch side clearances also constitute a usable space within a path of travel.  Often, fire extinguishers are placed there for convenience, blocking usage of that space.  Protruding object fire extinguishers can be made to no longer be protruding objects by having the lowest edge mounted below 27 inches, or by placing furniture or detectable warnings under them.  But these solutions to removing the hazard of a protruding object would only interfere with the clear floor space, making the door less usage or even unusable for individuals with mobility impairments.  Further investigation is required per site.

These are only some of the common considerations for doorway accessibility.  Doors are often taken for granted, as people think the width is the only requirement.  Doors constitute the single most important architectural barrier as an inaccessible main entrance means that any work done — whether it be with the restroom, the lobby, any common areas or even in the parking lot can become pointless if your customer cannot enter your business in the first place.

Improving the accessibility of your business may seem like an expensive endeavor, but with the right expertise, you can save both time and thousands of dollars from unnecessary construction. Make it easier, not harder, for your customers to come inside to your store. For any questions or assistance in improving your accessibility, call us today at 866-982-3212 or email us at help@ytaccess.com.

For a comprehensive list of applicable ADA/CBC codes, click here.

How liable does this make you?  Read our ADA FAQ for more information.  For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page.

Questions? Call us at 866 982 3212 x2 or email us at help@ytaccess.com

Seven businesses in the Coachella Valley were hit by San Diego resident Roy Gash this spring. Gash is represented by the law firm Pinnock & Wakefield, one of the most litigious firms in all of California in regards to ADA litigation.

Gash’s claims against John’s Restaurant in Palm Desert included an improper disabled parking space, a paper towel dispenser in the men’s room more than 48 inches from the floor, a round instead of lever doorknob on the restroom entrance door and a front counter too high to access. Gash is seeking more than $25,000, attorney’s fees and correction of the alleged violations. Gash’s lawsuit complaint states that he “desires to return to the defendant’s places of business in the immediate future.”

In the article three things are revealed about Pinnock & Wakefield:

1. Almost 2,000 ADA lawsuits have been filed by this firm
2. “Ninety percent of all cases are settled early, because that’s what the court wants,” – Theodore Pinnock
3. The average ADA settlement demand ranges from $4,000 to $7,000. From our own experience, this is true.

Click the link below to read the full article:

Link: The Desert Sun (article, August 9th, 2009)

Don’t be a victim. Learn more about your ADA liabilities.

Date: Wednesday, September 09 2009
Time: 11:30am – 1:15pm
Type: Luncheon Seminar
Fee: $25 with a reservation: $30 at the door without a reservation
Location: Four Points by Sheraton, 5990 Green Valley Circle, Culver City, CA
Contact: Barbara Brody, barbara@culvercitychamber.com 310-287-3850

Speakers: Alexander Lee and Thomas Shin of Yours Truly Accessibility, Frank Chen of Wasserman, Comden & Casselman LLP

Come join us at the Four Points Sheraton in Culver City to see a presentation on Accessibility and how it affects your business. Topics will include accomodations, lawsuits, suggestions and a Q&A session afterwards. If you are not a Culver City Chamber member but have been acquainted with us in the past, please email us so that we can clear your attendance ahead of time.

Accessible signage can be extremely difficult to achieve if you don’t know what is required and what is not required. This is especially important if you are ordering custom signage that is both compliant with California Title 24 and looks good in your store!

The above unisex restroom sign is a great example of a sign that looks great, but actually has unnecessary elements. Consider the use of this sign: It is to be mounted on the restroom’s door, which is usually the only entrance and exit for the restroom.

Question: Why does this sign need Braille, “RESTROOM” in tactile (touchable) lettering and the ISA (International Symbol of Access, or the wheelchair symbol) on it?

Answer: It doesn’t need any of it. Putting Braille and tactile lettering on a door that constantly opens and closes without warning can be a safety risk for a visually-impaired person trying to read the sign. By law, you need all of this on a separate sign, mounted next to the door’s latch-side. By placing it there, someone can feel and read the Braille and raised, tactile lettering without having to worry about getting the door slammed on them. Also, the word “RESTROOM” and the ISA are not required on a door sign (though it can be helpful). The ISA can either be on the door or the latch sign.

There are a few other things to note about this sign. Notice that both the triangle (Men’s) and circle (Women’s) are blue. In dim lighting, the triangle may be impossible to see against the same-colored circle and does not provide sufficient contrast. Also, if the door itself is painted blue, it would be difficult to see the circle’s outline as well. Your restroom sign can actually be any color, not just blue. Just make sure it contrasts (light vs. dark, dark vs. light) with your door. A compliant restroom door sign (if it was blue) would probably look like this instead:

Now that we’ve covered the door sign, let’s take a look at the latch-side restroom sign. All of your accessible features should be featured on it, and also note the difference between latch-side and strike-side of a door: latch-side is where the door’s handle and closing latch are located, while the strike-side has the door’s hinges and the door will strike the wall when fully extended. There are specifications for the Braille and tactile lettering as well.The example on the right is generally what you’d be looking for in a latch-side restroom sign, but it is by no means the only style of sign you can install. One thing you must keep in mind, however, is that tactile text must be uppercase.

One of the best designers of accessible signs that we’ve ever seen is H. Toji & Company. Sharon Toji, a principal of the company, is one of the nation’s most qualified experts on accessible sign design and is a voting delegate to the American National Standards Institute (ANSI) that writes accessiblity standards used by the International Building Code and are the basis for the ADA Accessibility Guidelines (ADAAG). She is also a member of the Access Advisory Committee to the California State Building Standards Commission, among others.

H. Toji & Company offers customizable signs with a wide selection of fonts, decorations and shapes, and have incorporated numerous features such as inlaid lettering and beveled edges that increase the sign’s durability, longevity and readability. If you are in need of accessible signage for your business, you cannot go wrong with signs from this company.

Read our ADA FAQ for more information on general liability.  For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page.

Or, give us a call at (866) 982-3212 or email us at help@ytaccess.com and we can consult with you to determine your full accessibility needs, and refer you to Sharon Toji for any custom sign design specifications that you need.

Many business owners are unaware of the thousands of possible accessibility barriers that can occur. Fortunately, many of them are simple and easy to address with little time or cost. Here are six tips from Yours Truly Accessibility that can greatly reduce your liability in minutes.

	Missing ISA Sign on Storefront  All business entrances are required to have an ISA logo (International Symbol of Access) displayed in contrasting colors. There is no “certification” required to post this on your front window. Placement of this can be anywhere near or on the entrance door. Be sure not to place this sign where the sign will blend in with the surrounding surface! That defeats the purpose of having the sign.
	Disabled Parking Sign Not Filled In (Or just missing)  This sign should be filled in and present at every entrance of the parking with the relevant information regarding disabled parking (telephone number and the location or entity where the car is kept… usually this is the police station). This is one of the most common missing signs in parking lots, and is necessary to prevent disabled parking from being unfairly occupied.
	Unsecured Floor Mats  Unsecured floor mats, while tidy, are also a source of trips and falls by people using walkers and canes, especially if they tend to shuffle their feet. These should be attached to the ground with industrial-strength adhesive to avoid bunching up, or simply removed to eliminate liability.
	Mirrors Placed Too High  The key here is ‘equal access.’ If restroom mirrors are placed too high (over 40 inches from floor to bottom edge), they are considered discriminatory. Either remounting a mirror (just one is enough) to the correct height or removing all mirrors solves this problem.
	Unwrapped Hot Water Pipes  Most people are unaware of how hot pipes can become after hot water has been running through them. Even worse, diabetics and paraplegics in wheelchairs may be unable to feel scalding burns from unwrapped pipes beneath a sink!
	Non-Lever Doors and Non-Button Locks  Doorknobs and locks that require a grasping, twisting or pinching motion to operate may be difficult for people with joint problems such as arthritis or carpal tunnel syndrome. A door lever with a push-button lock is the best solution.

These are just a sample of issues that are extremely easy to fix, but are legitimate barriers to people with disabilities.

So, your question now, I am sure, is how liable does this make me?

Read our ADA FAQ for more information.  For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page.  Or call us at 866 982 3212 x2 or email us at help@ytaccess.com

The following is from Popehat.com, which was linked to by Overlawyered.com:

The Squeeze Inn, known for huge mounds of melted cheese on its burgers, violates the Americans with Disabilities Act of 1990, [a] lawsuit alleges.

Kimberly Block, who says she has severly [sic] limited use of her legs, argues she suffered “embarrassment and humiliation” and that her civil rights were violated because of inadequate access inside the Fruitridge Road restaurant.

“In addition to its cheeseburgers, the Squeeze Inn of Sacramento California is also noted for its cramped spaces and limited seating.  Get it?  “Squeeze in.”  The restaurant is famous, having been featured on Food Network and in a number of other media.

The charm is evidently lost on Kimberly Block, who is suing the Squeeze Inn and its owner, Travis Hausauer, for alleged violation of the Americans With Disabilities Act, a well-intended law that has produced an unusually high litigation burden for small restaurants and businesses.  But one wonders whether Ms. Block visited the Squeeze Inn last November to order one of its famous cheeseburgers, or to just to get a settlement check, hold the onions.

Why?  Well according to a search on Justia, this isn’t the first time Ms. Block has suffered embarrassment and humiliation so severe she felt compelled to sue a restaurant.  It’s the third time this year. While Ms. Block hasn’t yet filed enough suits to place her in the company of famous serial ADA litigants like Thomas Mundy, her lawyer Jason Singleton, like Mundy’s lawyers at Morse Mehrban, has made an industry out of the act. No doubt Block will get there in time.

Of course if Block’s suit is litigated rather than settled or defaulted, there’s room for a defense attorney to move here.  According to its owner, Squeeze Inn had already altered its patio dining area to accommodate the disabled, making the outdoor area less “squeezy.”  Did Block ask for a patio seat?  Did she order to go?”

(continued)

Links: Popehat.com (Squeeze Inn Lawsuit Article), North Coast Journal (Jason Singleton Strikes Again, the same lawyer who shut down Arctic Circle), Sacramento Magazine (Squeeze Inn Restaurant Profile), Sacramento Bee, (Facing suit, Sacramento burger joint plans to move)

This could happen to you!  Read our ADA FAQ for more information.  For information assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page.  Or call us at 866 982 3212 x2 or email us at help@ytaccess.com