More news on ADA lawsuits.

Mike Mandala knows a little bit about the Americans with Disabilities Act.

And he should.

Mainly because the two Arcadia bars he runs have been targeted by attorneys filing suits. Essentially, the suits allege his taverns violate the federal law designed to help the disabled get access.

You know: handicapped parking spots; extra-wide toilet stalls with metal rails; and signs that point out those amenities.

Mandala, part owner of The Bit on Live Oak and owner of First Cabin on Huntington Drive, was one of several local business owners blanketed with thick sheaves of legal paperwork filed on behalf of plaintiffs represented by H.J. Sims, a San Diego attorney who specializes in ADA law.

Read more here from San Gabriel Tribune

Don’t let this happen to you. Find out more about services that can help prevent litigation by helping you become compliant. ADA consultants.

Otherwise email us at help@ytaccess.com or call us at 866 982 3212

Don’t find yourself blindsighted.

PICO RIVERA – Audrey and Dan Miller have owned Barney’s Coffee Shop for nearly three decades.

In that time they’ve never had one complaint about whether their restaurant met the needs of their disabled patrons.

That changed just over a year ago when they were slapped with a lawsuit by a disabled man.

“It wasn’t a fun situation,” said Dan Miller, 59, about the litigation.

The Millers were sued Sept. 21, 2010 by Salvador Vargas, who claimed his rights were violated when he was at the restaurant, 4923 Rosemead Blvd., because its restroom facilities were not accessible to the disabled.

According to the lawsuit, there were no grab bars behind and beside the toilet plus the doorway to the men’s restroom and the paper towel dispenser were inaccessible.

A check of the men’s toilet at the time showed a grab bar on the side.

The Millers were surprised by the lawsuit.

“We were blindsided,” Dan Miller said.

[Original link here: San Gabriel Valley Tribune/a>]

From the Chicago Tribute
[http://www.chicagotribune.com/news/local/ct-x-c-ada-fear-haunts-20111102,0,4280545.story]

The website for Fear City features elements commonly used to advertise haunted houses — ghoulish photos, spatters of blood, a video featuring a disemboweled corpse and a woman being dragged down a dank hall by a pair of maniacs.

But one element on fearcitychicago.com stands out: A rotating banner boasts that Fear City is ADA accessible, meaning that the facility follows the standards established by the Americans with Disabilities Act.

In other words, Fear City welcomes guests with physical disabilities, just as long as they’ve got strong stomachs. The Morton Grove facility is one of a number of haunted places in the Chicago area that were made accessible to visitors with disabilities.

You can read the full story here: [http://www.chicagotribune.com/news/local/ct-x-c-ada-fear-haunts-20111102,0,4280545.story]

Questions? Comments? help@ytaccess.com or 866 982 3212

ADA lawsuit reported by the Boston Herald.
[http://news.bostonherald.com/news/regional/view/2011_1029converse_store_shut_downfor_accessibility_violation/]

Converse’s flagship sneaker store on Newbury Street has been shuttered indefinitely by the state for failure to provide handicap accessibility to its entrance.

The Architectural Access Board, a regulatory agency of the Massachusetts Office of Public Safety, closed the store on Wednesday until the fixes are made to the entrance. The entrance has a seven-inch step that must be modified to make the shop wheelchair-accessible.

“Since 2009, the board and the city of Boston have tried to get Converse to comply,” said Terrell Harris, spokesman for the Executive Office of Public Safety. “Converse continued to say they would fix the problem – and they’ve been given at least four extensions to get the work done – and they’ve yet to do anything.”

Harris said the store will remain closed until the work is completed. “The ball is in their court,” he said. “Since they were shut down, they’ve done exactly what they had been asked to do in the first place: they filed a permit, submitted plans to make the fix and hired a contractor. They will have to return back to the board for approval to reopen.”

In an e-mailed statement, Terri Hines, a spokeswoman for North Andover-based Converse, said, “Converse is confident that the permanent solution and subsequent construction completion is within immediate reach and expects operations to reopen soon.”

Questions? Comments? Contact us at help@ytaccess.com or 866 982 3212

Interesting and helpful article on website accessibility.

Researchers have just come up with a way to turn an iPad into a Braille keyboard–but until this kind of technology is on the market, it’s up to business owners to make sure that their websites meet the needs of clients with special needs.

SIMILAR ARTICLES:

• How to Make a Facebook Page for Your Small Business
• How to Buy a Desktop PC
• How to Prepare Your Website for IE 9
• Five Microsoft Word Nightmares–and How You Can Fix Them
• How to Make Your Laptop Run Quieter and Cooler
• Create a Single Card for All Your Reward Cards

According to accessibility guidelines from the U.S. government, 8 percent of Americans have a disability that affects how they can access and use websites. Among the conditions in this group, four percent are vision-related, two percent are movement-related, one percent hearing-related, and less than one percent relatedto learning disabilities. This means that accessibility may have more of an effect on Web sales than you may have previously thought. But what can you do to improve website accessibility for these customers?

An accessible website will also be friendly to seniors–and small businesses will need increasingly to cater to them. By 2018, almost 24 percent of the population will be over 55.

There are simple measures you can take that won’t require a lot of time, and that your clients will appreciate. To dig into it more, here’s a list of reliable accessibility resources.

Make Hyperlinks at Least Three Words Long

Users with motion disabilities may have a hard time clicking on one-letter or one-word hyperlinks. I try to make all of my hyperlinks three to four words long to make them accessible, after being told do so for this very reason for a client project earlier this year.

Make All Necessary Forms Fillable
If you have a form online, such as a PDF, you should transform it into a format where a user can either fill it out and email it or, ideally, fill it out and submit it online. Many of the PDF forms available online are static and can’t be filled out, which frustrates all Web users. It makes your organization look lazy and disinterested in business.

Use Words, Not Color to Communicate

If you use color to communicate, you’re losing 8 percent of your male audience, according toaccessibility guidelines from Usability.gov. While its creators say it isn’t perfect, Visicheck is a free tool that shows your website looks to color blind users.

Images and other elements on a site need to have their alternate tags (“alt” tags in HTML) filled in so that tools such as screen readers can describe the image or element to the visually impaired. This also can marginally help with your search engine optimization.

If you Must use Flash, Make It Accessible

I’m not a big fan of using Flash for websites, since it eviscerates search engine results unless you do workarounds, like create static HTML pages for search engines to go with the pretty Flash version. Accessibility requires an equal amount of craziness when dealing with a Flash website, but if you are completely married to Flash, you can learn how to make it accessible here.

Another great reason to start considering accessibility is that new regulations are coming that may cover your business. The tips above are a start, but keep going with your accessibility intiative by visiting more of these resources.

More Resources

Usability.gov
This government website has put accessibility best practices in a downloadable PDF, as well as other usability standards that can improve your site’s overall user experience.

Webaim.org
This is an initiative of the Center for Persons With Disabilities and Utah State University, with clear and concise accessibility information.

Section 508
For the U.S. government’s online guide to Web accessibility, the title refers to Section 508 of the Rehabilitation Act, which states that all government websites must meet its accessibility standards.

Microsoft
Microsoft’s accessibility center helps you understand the accessibility features in Microsoft products, and outlines general best practices.

Dragon Naturally Speaking
Dragon’s dictation software has come a long way since it was first introduced. Users with limited mobility will find it indispensible on the desktop–and there are companion apps for tablets and smartphones.

link: [Make your small business website accessible]

The Burbank Association of Realtors is hosting a expo for multi-family dwelling owners and managers.

We are presenting a talk on how accessibility impacts such sites.

The date is on the 19th of October at 5pm at 2006 West Magnolia Boulevard, Burbank, CA 91506-1730.

If you have any questions don’t hesitate to contact us at 866 982 3212 or email us at help@ytaccess.com

The worst thing to do is nothing.

Look at what this article taken from [Facilities.net] says:

What is the best way to proceed if you receive notice of an Americans with Disabilities Act (ADA) violation?

If you’ve received notification that means that either a complaint has been filed in federal court or that the Justice Department has received a complaint or is investigating you. At that point, don’t say any of the following:
- “I didn’t know I had to comply.”
- “We’ve never had anyone in here in a wheelchair, so why do I have to comply?”
- “See you in court.”
- The worst thing to say is, “We can’t afford to do anything.”

The best reaction is to read or listen to what is being said, particularly if it’s coming from the Justice Department. If you receive a complaint filed in the court, read the allegations as just that — allegations. An individual with a disability may make allegations of violations that are not actually required under the ADA.

Be sure to evaluate your facility before responding (or agreeing to a settlement) so that you know exactly what your facility’s status is regarding ADA requirements. Don’t jump into a settlement with that individual/group and agree to remedy only the items they identified as they likely have not identified all issues. In that scenario, the next complaint filed with items other than those you agreed to correct will become a new complaint. Review your entire facility, put a plan together and start the corrections so that when (not if) the next complaint or question arises, you have an answer and a plan.

I would also like to add that in our experience, many small business owners think they can defend the complaint and not pay anything. Read this previous article: Small businessman’s guide to dealing with attorneys.

More often than once, a small “mom and pop” store owner will say to us, how can they sue us for the mirror in the bathroom? No one can fit a wheelchair into our restroom! And then proceed to think that they can walk into court and claim that because their restroom is inaccessible therefore they aren’t liable for an issue that they are in violation of. Another horrible situation is that they will call the plaintiff attorney and attempt to convince that attorney that they aren’t responsible (for something) because their store is too small or that they don’t have money because they have to pay other bills. In the first case, being too small only means they have more violations and in the second, they have money to pay other bills so they got money.

Don’t think you can ignore ADA violations or that somehow they magically don’t apply to you. Many of the violations can be addressed with a little bit of effort. Those that can’t be addressed can at least be foreseen so that one has an idea of how to proceed. ADA violations have at their root actual conditions, so be informed on those conditions. If you are sued once, you may be able to fight that in court. But if you don’t fix the issues you will have that happen a second time.

Our business exists because we have the expertise to help you. It doesn’t make sense to try and tackle these complex laws as your first encounter.

Some attorneys have told their clients that they can ignore them because everything is arguable in court.

Now that’s a bad attorney, as a good attorney will keep you out of court, saving you money and time in the long run. After all, tape measure does not lie.

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

Reposted from this website: [Facilities.net]

Good advice for facilities management on general awareness of how of the ADA affects you.

What are the most common Americans with Disabilities Act (ADA) violations, why are they so common and what should facility managers do to avoid being in violation?

The most common violations are found at every juncture of a facility.

Built Environment: It ranges from curb ramps and ramps that are too steep, the lack of marked parking with a marked access aisle and signage (ground markings don’t count, since they can’t be seen at night or when snow-covered.)

Restrooms: The most common violations are toilets not mounted the correct distance from wall or partition (a.k.a. water closet centerline), flush valve for the toilet is on the wrong side; if it isn’t on the wide side, you have to reach over the toilet to flush it.

Operations: Most common violations that are operational in nature, meaning they were not designed and/or constructed that way, include:
-Housekeeping/maintenance staff placing a garbage can next to the restroom’s exit door. Clear space next to door (a.k.a. maneuvering clearances) is intended to give someone in a wheelchair the space to approach the door, reach the door handle and open the door. You can’t do that if the garbage can is there! Another is placing garbage cans/ash urns directly in front of the “call buttons” at an elevator, again impacting the ability of someone in a wheelchair or using a walker to reach the buttons.
- Retail establishments placing merchandise, information racks, etc. in the aisles, which reduces path of travel.
- Mounting objects to the wall (a.k.a. circulation route) that project 4 inches or more from the wall. If they are 27 inches to 80 inches from the floor, someone with a visual disability will miss the item on a “cane sweep” and walk right into the object and get hurt!

These are but a few. The structural/design violations are either a result of not following, understanding or paying attention to the ADA Standards as a federal law and relying solely on building code and code officials. Building codes can be negotiated; civil rights cannot. Good design documents can still be constructed incorrectly. Sometimes it’s that the workmen have been doing it that way for x years, they don’t pay attention, or they simply don’t stop to think of someone using it.

The operational violations, although not permanent/fixed items covered under the ADA Standards, create barriers nonetheless. Try explaining to someone who is trapped in a rest room because the garbage can is placed in their way that it really isn’t covered under the Standards — that won’t work!

We would top off this article with the observation that the technicality of these laws requires hiring someone who can best anticipate and catch these violations. You wouldn’t try and read and follow employment law by yourself, would you?

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

This is taken from [Facilities.net].

This article covers some common tips on how ADA violations can result from housekeeping. Many businesses believe that ADA violations are generally structural issues, but some general understanding can help businesses avoid ‘no brainer’ violations that fall out of the purview of architects and other design and construction professionals.

I’m Dan Hounsell, editor of Maintenance Solutions magazine. Today’s topic is, common ADA violations.

Twenty years after the enactment of the Americans with Disabilities Act, or ADA, institutional and commercial facilities continue to struggle in their efforts to comply with ADA’s accessibility guidelines. Here is a look at the more common ADA violations still found in facilities.

In the built environment, violations range from curb ramps and ramps that are too steep, to a lack of parking with a marked access aisle and signage. Ground markings are not effective because they are not visible at night or when covered with snow.

In restrooms, the most common violations involve toilets not mounted the correct distance from walls or partitions, and toilet flush valves on the wrong side. If the flush valve is on the wide side, users must reach over the toilet to flush.

In facility operations, the most common violations include these:
• Housekeeping workers placing a garbage can next to the restroom exit door. Clear space next to door gives a person using a wheelchair enough space to approach the door, reach the door handle and open the door.
• Placing garbage cans directly in front of call buttons for elevators, again impeding the progress of someone in a wheelchair or using a walker to reach the buttons.
• Mounting objects on walls that project 4 inches or more from the wall. If the objects are 27-80 inches from the floor, someone with a visual disability will miss the item on a cane sweep and walk right into the object.

The structural and design violations result from not following, understanding or paying attention to the ADA guideline and relying solely on building code and code officials. The operational violations, although not permanent or fixed items covered under the ADA guidelines, still create barriers.

In short, ADA violations run the gambit from very expensive items that are inherent in the building to purely positional things, like furniture or trash cans.

This is hard for people who have never been disabled to understand, so I am glad that others are catching on. Still, if you have a housekeeping or janitorial service, you ought to instruct them so as to avoid these common issues.

This also applies to construction — temporary paths of travel are required to be compliant under the ADA, something most contractors don’t understand… and something that falls beyond the purview of what most building departments would ever think to even look at.

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

If you were disabled, you’d probably have to rely on public transit unless you wanted to drop a few thousand (at least) to make your vehicle usable.

Lack of reliable accessible public transportation leads to further challenges for disabled individuals to keep steady employment.

Reposted from [Washington Post].

The accessibility issues of Washington Metropolitan Area Transit Authority (WMATA) services outlined in the Aug. 7 Metro article “Ride, interrupted” are not only violations of federal law and a point of frustration for people with disabilities but also a contributor to the extremely low employment rate for people with disabilities.

Seventy percent of people with disabilities are unemployed or underemployed. As a result of a class-action lawsuit on behalf of more than 20,000 people, we have heard from many MetroAccess and Metrorail users who fear disciplinary action or loss of their jobs because of MetroAccess’s unreliable service.

One user believes that the lack of reliable, accessible transportation harms the potential for professional advancement. “Being late to work hinders promotion potential; if my supervisor can’t rely on me to be there when I am needed, I cannot get promoted to the next level,” she said.

Employment is a key factor in the ability of any individual, including a person with a disability, to live independently and contribute to the community. By denying people with disabilities the right to access basic public transportation, WMATA is denying these individuals the right to fully realize their professional potential.

Kat Taylor, Washington

Understanding the frustration disabled citizens have goes a long way in understanding the root that generates disability suits.

Why make things doubly difficult by being incompliant?

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