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

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 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.

Much of the information we put out here is to emphasize that many of the ADA violations are addressed easily. Some are not.

This article is taken from [Facilities.net.

I’m Dan Hounsell, editor of Maintenance Solutions magazine. Today’s topic is, facility renovations and ADA.

Maintenance and engineering managers undertaking renovations in institutional and commercial facilities need to be aware of the impact on the project of requirements under the Americans with Disabilities Act, or ADA.

The requirements for readily achievable barrier removal under ADA began Jan. 26, 1992, and have continued since then. Organizations must remove barriers, with a few exceptions, regardless of any work being done.

Anytime a facility undergoes renovations where access barriers exist, the organization must spend 20 percent of the construction costs on removing these barriers from the path of travel. For ADA purposes, the path of travel includes water fountains and restrooms. Any renovation to a primary function area triggers this requirement. The phrase primary function area applies to an area where the activities are germane to the business, such as a bank�s teller stations.

As with the model building code — The International Building Code and the American National Standards Institute — ADA does not require barrier removal on the path of travel that exceeds 20 percent of the cost of the renovation. The major difference in this regard between ADA requirements and building codes is that the ADA requires barrier removal in existing buildings, regardless of renovations. Building codes do not come into play until renovations, alterations or new construction occurs.

Managers can find more specific information in the 1991 ADA Standards for Accessible Design, Sec.36.403 Alterations: Path of travel. ADA guidelines typically supersede a state or local building code, unless the code provides for greater or equal protection of individuals with disabilities.

I would also like to add that it’s not commonly understood that new construction can trigger the ADA. One fear of owners is that when attempting to ‘do the right thing’ one can sometimes be dragged by construction law into doing more than the minimum, especially in how the ADA influences the building code. (Many code officials we’ve spoke with don’t realize that the ADA trigger is there).

Now you’ll also get many savvy attorneys and architects that will claim that ‘legally non-conforming’ situations do not require any kind of addressing. They rightly understand that not touching existing items won’t trigger ADA compliance — but this leads to even deeper problems.

At first, their advice sounds great, as owners don’t want to hear that they need to do anything. But what these professionals don’t understand that if those ‘legally non-conforming’ structures pose fixable ADA violations, leaving those situations to persist will continually trigger even more ADA work. As time goes on, those non-compliant situations will accrue an increase in what needs to be remedied.

In other words, if you have a non-compliant ramp in your facility newly placed in 2003, and you don’t fix it right away, in 2010, not only will you be required to fix that ramp — you will also have 7 years of budget in which you could have fixed the ramp and didn’t. In court, a suing attorney will claim that what was financially remediable in 2 years is ‘easy’ over a 7 year period. That situation will look bad, as though you never intended to fix that ramp and that you are willfully discriminating.

We have heard this so often, as many owners have come to us having fallen into this situation, when they have the panic of court bearing down on them. Don’t let yourself fall into this situation! Get our exposure report so as to make informed decisions on what you are liable for so you can address it right away.

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

This is a repost from [www.facililities.net].

I’m Dan Hounsell, editor of Maintenance Solutions magazine. Today’s topic is, responding to an ADA notification.

If an institutional or commercial facility receives notification of a violation under the Americans with Disabilities Act (ADA), that means either a complaint has been filed in federal court or, the U.S. Department of Justice has received a complaint or is investigating the facility.

The best reaction is to read or listen to what the notification says, particularly if it came from the DOJ. If a facility receives a complaint filed in court, read the allegations as just that — allegations. An individual with a disability might make allegations that are not actually violations under the ADA.

Managers also need to evaluate the facility before responding or agreeing to a settlement in order to understand the facility’s status regarding ADA requirements. Do not jump into a settlement with the individual or group by agreeing to remedy only the items they identified because they probably have not identified all issues. In that scenario, the next complaint filed with items other than those the facility agreed to correct becomes a new complaint.

Review the entire facility, put a plan together, and start the corrections so that when the next complaint or question arises, an answer and a plan are ready and available.

This site is addressing ADA complaints throughout the United States, especially for larger facilities, which isn’t as applicable for California as California law changes the impetus for lawsuits a little differently.

In any case, the basic idea is to verify the complaint, which we can do. Ideally though, one would be compliant in the first place so as to avoid the lawsuit.

What this article misses is that when one is sued under California law, it’s generally too late to fix the items, Federal law is different. So be sure and get inspected and fix any issues right away.

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

Current and pressing is an on going lawsuit. This information is public and has been re-posted in case it affects you. Feel free to distribute this as needed.

Legal Notice

IF YOU ARE A PERSON WITH A DISABILITY AND CANNOT USE A SIDEWALK IN THE CITY OF LOS ANGELES BECAUSE A CURBRAMP OR CURB CUT IS MISSING OR INACCESSIBLE, A PROPOSED CLASS ACTION

SETTLEMENT MAY AFFECT YOUR RIGHTS.

[Para ver esta notificacion en espanol, visite "www.lacity.org" o mande una carta dirigida a: Mike Arias, Esq., Arias Ozzello & Gignac LLP, 6701 Center Drive West, 14th Floor, Los Angeles, CA 90045]

What is this about?

A settlement has been reached in two class action lawsuits involving curb ramps and curb cuts that provide access to sidewalks and other pedestrian pathways located in the City of Los Angeles. The lawsuits are both pending in the Superior Court of the State of California for the County of Los Angeles. They are known as Saundra Carter, et al.v. City of Los Angeles, Case No. BC363305, and Nicole Fahmie v. City of Los Angeles, et al., Case No. BC363305 (formerly Case No. BC381773). The plaintiffs in both actions saythat the City has violated disability access laws by failing to install or fix curb cuts or curb ramps that provide access to and from sidewalks and other pedestrian pathways located in the City.

Your legal rights will be affected if the proposed settlement is approved by the Court. This notice is only a summary and provides a general description of the proposed settlement,your right to object to the proposed settlement, and the hearing that is scheduled before the Court to evaluate the fairness of the proposed settlement.

For complete information, please see the “Notice of Class Action and Proposed Settlement,” available on the City of Los Angeles’ website: (www.lacity.org); or thewebsite of the plaintiffs’ counsel Arias Ozzello & Gignac LLP (www.aogllp.com); or by sending a written request to: Mike Arias, Esq., Arias Ozzello & Gignac LLP, 6701 CenterDrive West, 14th Floor, Los Angeles, California 90045.

Who is a Class Member?

You are a member of the class if you are an individual with any disability, who at any time:

• accessed or attempted to access a sidewalk, intersection, crosswalk, street or other pedestrian pathway located in the city of Los Angeles but were impaired or unable to doso due to: (a) the lack of a curb ramp or curb cut, or (b) a curb ramp or curb cut that was damaged, deficient, in need of repair, or otherwise in a condition not suitable oracceptable for use, or

• alleges that you would have accessed or attempted to access a sidewalk, intersection, crosswalk, street or other pedestrian pathway located in the city but for allegedly being denied such access due to: (a) the lack of a curb ramp or curb cut, or (b) a curb ramp or curb cut that was damaged, deficient, in need of repair, or otherwise in a condition notsuitable or acceptable for use.

If the definition above describes you, you will automatically be considered a member of the class. As a class member, you will be bound by the decisions of the Court.

What are the terms and benefits?

Class members will not receive money. The proposed settlement will require that the City implement a variety of measures to deal with the accessibility of curb ramps and curb cutsin the City. The purpose of this settlement is to require the City to remediate certain curb locations so that they comply with accessibility codes. Members of the class willbe entitled to submit requests to remediate curb locations in accordance with the programs to be implemented by the City.

Plaintiffs’ counsel (Arias Ozzello & Gignac LLP and the Law Offices of Morse Mehrban) have determined that the settlement is fair and reasonable because it providesvaluable benefits to members of the class. Under the proposed settlement, the City will, among other things, implement a process for installation and remediation of certaincurb ramps and curb cuts throughout the City, complete a survey to assess the number of curb locations that still require remediation, and establish an advisorycommittee to render findings and recommendations regarding future appropriations of money for further installation and remediation of curb ramps and curbcuts.

If the Court grants final approval of the proposed settlement, it will enter a judgment that will be binding on all members of the class, who will be deemed to have agreedto the terms of the settlement and will not be able to opt out of the class or the settlement. Members of the class will not be provided with any monetary award and they will be barred from prosecuting in the future certain claims that they may have against the City concerning the matters at issue in the pending litigation, includingclaims for Statutory Damages.

In addition, a judgment entered by the Court will apply to all members of the Settlement Class, including members who may be represented in connection with other pendinglawsuits against the City (including, for example, an action entitled Beverly Overton v. City of Los Angeles, Case No. CV10 8882 GAF (FMOx), pending in the United StatesDistrict Court for the Central District of California; an action entitled Norman Allen v. City of Los Angeles, Case No. CV 10 0576 PSG (FFMx), pending in the United States DistrictCourt for the Central District of California; and a class action lawsuit entitled Mark Willits, et al. v. City of Los Angeles, Case No. CV10 5782 CBM (RZx), pending in the UnitedStates District Court for the Central District of California (the “Willits Action”). The Willits Action is a class action involving claims that the City has violated federal disabilityaccess laws, among other things, due to the condition of sidewalks and curb ramps located in the City. If you would like additional information about the Willits Action, counselfor the plaintiffs in that action are as follows: Disability Rights Legal Center, Shawna L. Parks or Surisa Rivers, 919 Albany Street, Los Angeles, CA 90015, 866-999-3752, Email drlc@lls.edu.)

Complete information about the benefits and terms of the settlement is available in the Notice of Class

Action and Proposed Settlement, referenced above.

What are my options?

If the class definition above describes you, you are automatically a member of the class. If the Court grants final approval of the proposed settlement, it will enter ajudgment that will be binding on all

members of the class. If you do not agree with the settlement, you may object to the settlement. To submit an objection, you must do so in writing, by September 7, 2011, asinstructed in the Notice of Class Action and Proposed Settlement.

The Court has approved the law firm of Arias Ozzello & Gignac LLP and The Law Offices of Morse

Mehrban (“Class Counsel”) to represent the class. The Court is scheduled to hold a Fairness Hearing at

10:00 a.m. on October 20, 2011, at the Los Angeles Superior Court, 600 South Commonwealth Avenue, Los Angeles, California 90005, in Department 324, to determine if thesettlement is fair and reasonable.

You may ask to appear at the hearing in person, or through your own attorney at your own expense.

No agreement has been reached yet by the City and Class Counsel regarding the attorneys’ fees that may be paid to Class Counsel. It is possible that a motion for an award ofattorneys’ fees will be heard during the Fairness Hearing. In any event, the award of attorneys’ fees will not affect the benefits to be received by the class under the proposedsettlement.

For more information or for a copy of the Notice of Class Action and Proposed Settlement, visit www.lacity.org or www.aogllp.com, or send a written request to: Mike Arias,Esq., Arias Ozzello & Gignac LLP, 6701 Center Drive West, 14th Floor, Los Angeles, California 90045.

You may also obtain more information about the two class action lawsuits from the case files, which are available from the Clerk of the Court, Superior Court of the State ofCalifornia for the County of Los Angeles, 600 S. Commonwealth Avenue, Los Angeles, California 90005.

PLEASE DO NOT CONTACT THE COURT TO ASK QUESTIONS ABOUT THE SETTLEMENT DESCRIBED IN THIS NOTICE.

Objections:

Remember, the deadline for filing and serving objections is now September 7, 2011. After that, the court will not accept objections or allow people to be heard in court.

[Revised e-mail announcement]

Warning (New) Court Filing Deadline: September 7, 2011

Attention: Do you have a disability? Do you use Los Angeles city streets?

If you answered ‘yes’ to both these questions you are a class member of a proposed class-action settlement on the Los Angeles city sidewalks. Your rights are about to be affected for the next 25 years.

The Disability Rights Legal Center (DRLC) and David Geffen Law Firm believe that this settlement is unfair and they need you to tell the court if you do too.

What to do:

1. Fill out the attached “Objection and Notice of Intention to Appear.”

2. Return it to David Geffen by September 6, 2011.

3. Come to the hearing if you can.

These are some of the reasons why the proposed settlement is unfair to you:

1) The settlement releases your past and future claims for statutory damages, and would bar any such claims for 25 years, without providing you any monetary relief whatsoever as a members of the class;

2) Class members (you) have no opportunity to opt out of the class to avoid the 25 year waiver of entitlement to statutory damages;

3) The Settlement is also inadequate because:

a) It secures only a drop in the bucket of what is needed to make Los Angeles Streets accessible— ($4M per yearor less) will be spent to fix the Los Angeles city curb ramps over the next 20 years;

b) It provides no adjustment for inflation;

c) The amount of money to be spent to fix curb cuts is not enough to provide a sufficient number of curb ramps to provide sidewalk access;

d) The City has no obligation to install or replace curb ramps under the terms of the settlement agreement unless there are funds available from two specific sources: Gas tax funds and Measure R funds.

4) The proposed class action Settlement provides that class members will be required to use complicated request forms and sign them under penalty of perjury to have any chance of getting curb ramps installed.

The deadline for filing an objection to this settlement is September 7, 2011, and the Final Approval Hearing is scheduled for October 20, 2011 at 10am. You can object to the approval of this Settlement Agreement by filling out the form.

Please attend the hearing October 20, 2011 at Los Angeles Superior Court,

600 South Commonwealth Ave., Los Angeles, CA 90005, Dept. 324.

To object, simply place an “X” or your initials on the line next to any of the four categories that you agree with in the “Objection and Notice of Intent to Appear” attached to this e-mail. Use category number 5 to describe any other personal reasons why you believe this Proposed Settlement should not be approved.

To make a statement at the hearing, place an “X” or your initials at the line next to the paragraph directly below “Notice of Intention to Appear. You do not need to come to the hearing to object to this proposed agreement, nor do you need to make a statement in order to attend the hearing.

Please make sure you complete the personal information at the top of this attached form (i.e. your name, address, and telephone number), and make sure you sign and date it on page 2.

Lastly, please EMAIL, FAX or Mail us your completed “Objection and Notice of Intention to Appear” to:

David Geffen Law Firm

530 Wilshire Blvd. Suite #205

Santa Monica, CA 90401

Fax Number: (310) 434-1115

Email: geffenlaw@aol.com

(Please note that we must receive* your completed “Objection and Notice of Intention to Appear” by September 6, 2011 in order for us to get it postmarked by the September 7, 2011 deadline.)

Thank you.

David G. Geffen, Esq.

I used to work largely doing web development. I didn’t design the look of websites, I built them — from the ground up. I made sure the technical back end worked properly.  In fact I still do it, but mostly for YTA.

What’s interesting about working with programmers and other free lance technicians much holds true for many architects and contractors. While construction and design is different from web development, there’s a similar mentality as both are a kind of engineering.

Sometimes your independent contractor will get a request from a prospective client to do something new. They would know enough that this particular thing could be done — but not know how. Nonetheless they would lie and bullshit and agree to do everything. The general mentality is to go home and spend the next 72 hours agonizing over a book trying to learn how to do what it is you’ve requested of them. The funny part about this is that often these free lance consultants would charge you a ton of money and quote you a huge amount of time. So not only do they want to have time to get it right, they also want to charge you for making them learn something new.

With this in mind I would like to introduce to you the California Division of State Architect‘s access compliance manual.

While this manual consists of largely technical information, such as occupancy type, and a re-printing of what is otherwise in the California Building Code, it does include some helpful dimensions on many of the specific measurements we perform. The application of those measurements and their types may be a little confusing.

This code reference, however, isn’t completely up to date. Included in the checklist is a regulatory list of applicable dimensions and requirements. It’s up to the consultant to decide if they apply. The issue with this checklist though, is that it doesn’t include the latest ADA 2010 — only the older ADA of 1992.

Most likely, a construction or design expert wouldn’t turn to the DSA, as the DSA is a state entity. The issue for accessibility in CA revolves around they would probably buy a access manual combo, such as CAARM or CalDag. I don’t know of a more recent CAARM, but if you look at the description, it’s applicable for the building code of 2001. For CalDag, the building code it references is the building code of 2008, not the latest California Code of 2010.

If this construction expert was savvy enough to recognize this outdated code, he would have to then cross-reference this book with the California building code, something he would have to do for the ADA 2010.

To complicate things further, if your building had not been altered since say, 2002, then the building code of 2001 may actually apply — but the ADA 2010 also applies, meaning he would have to cross-reference texts anyway.

In either case, before you hire anyone for your ADA needs, if you have the time, I would urge you to look at the Division State Architect’s Access Manual and get a taste for the complexity involved.

All of this cross-referencing and page flipping means more billable hours to you. Not only that, but why not hire someone who is already familiar with these different codes and regulations? The problem isn’t in using reference materials — no one can remember every number exactly, and the codes are always changing.  The problem is the general familiarity of the application.  How can someone catch all the nuances if they don’t know the basic applicability?

In this case, hiring someone who is new to this field will not only cost you more in money, but also in liability.  If they miss something or interpret something incorrectly, it’s your lawsuit.  Why not go with someone who is familiar with the risk?

Any questions or concerns?  Call us at 866 982 3212 or email us at help@ytaccess.com.