Archive for the ‘Awareness’ Category




ADA Lawsuit Links

| Wednesday, June 11th, 2014 | Comments Off on ADA Lawsuit Links

I haven’t been keeping up with the online news, so this blog has been falling behind.

Things have been really busy.

Anyhow, here’s a list of some ADA compliance/lawsuit articles within the last 6 months.

That’s it for now. Toodles.

ADA: Why is it needed?

| Friday, December 20th, 2013 | Comments Off on ADA: Why is it needed?

Quite a few years ago, I was getting ready to administer a basketball game when a local patron informed that we did not have the handicapped parking signs in the right place.

In the midst of all of my pregame duties, my thoughts were not too kind. I actually thought he was overreacting just a bit.

Fast forward to just a few weeks ago. I noticed a couple who got out of their car in a handicapped parking zone and walked into the restaurant without any apparent difficulty. They did not sprint to their seat, but I could not see any problem.

I have been educated by people “in the know” that you cannot always see a physical disability. I might also add that this disgruntled patron of many years ago has become a good friend. Why the difference in my attitude? I now have many friends who have a handicap and so do I.

It has taught me a great lesson: to not judge someone until I have walked in their shoes.

The American Disabilities Act was passed on July 26, 1990. It was introduced by Senator Harkin from Iowa. Our own senator, Bob Dole, was very influential in crafting this bill. It was signed into law by President George H.W. Bush. It provided for handicap accessibility to all public buildings and facilities.
At the time I was a little bit concerned about the cost and work involved in meeting those guidelines. Was it absolutely necessary? It was determined if we wanted to renovate an old school gym, for instance, we would have to spend a huge amount of money to make it handicap accessible. The doors to buildings and classroom would have to be adjusted.

It was hard for me to see that, when I did not need such conveniences at the time.

My life has changed a lot since 1983 when I was diagnosed with MS. In recent years I have resorted to using a walker and scooter. For me, it has been a Godsend when I want to go long distances.

Read more here: http://www.mcphersonsentinel.com/article/20131121/OPINION/131129795/-1/sport/?tag=1

Nearly 500 city cabs violate the Americans with Disabilities Act, says Attorney General Eric Schneiderman

| Thursday, December 5th, 2013 | Comments Off on Nearly 500 city cabs violate the Americans with Disabilities Act, says Attorney General Eric Schneiderman

Nearly 500 of the city’s yellow cabs violate the Americans with Disabilities Act because they’re not wheelchair accessible, the state attorney general has concluded.

By any common-sense measure, Toyota Siennas and Ford Transit Connects are vans and must be able to carry wheelchair users under the federal ADA, Attorney General Eric Schneiderman’s office said in a letter last week .

Original post here: http://www.nydailynews.com/new-york/500-city-cabs-violate-federal-law-ag-article-1.1522696

ADA Links

| Friday, November 15th, 2013 | Comments Off on ADA Links

More news as local businesses and papers become aware of the lack of ADA compliance — mainly through lawsuits.

This has been our experience as well — that local businesses remain ignorant of the law. Unfortunately, their first awareness of this issue remains a lawsuit.

Here are some recent articles on the internet about ADA compliance/ADA lawsuits.

The public is slowly becoming aware of ADA compliance issues

| Thursday, October 31st, 2013 | Comments Off on The public is slowly becoming aware of ADA compliance issues

The Huffington Post has reposted an article on common ADA violations.

They aren’t as technical as what we are used to here, at Yours Truly Accessibility but it’s well worth noting that the public is slowly becoming aware of the importance of these issues.

The Americans with Disabilities Act may have been passed over 23 years ago, but apparently that still isn’t enough time for society to get their act together when it comes to following all aspects of the law. ADA violations happen every day all over the country with many businesses feeling the ultimate sting of not complying – being shut down.

But being shut down doesn’t have to be the end result. The government gives plenty of time to businesses to do what is right, however there are still some businesses out there who refuse to comply no matter how much time is given.

As the public becomes more aware of such issues, such issues are bound to get traction and become more acceptable as issues that need to be addressed. Compliancy is on its way!

You can read the original post here and here

ADA claims are back and on the rise

| Tuesday, October 29th, 2013 | Comments Off on ADA claims are back and on the rise

Here is another article detailing the state of ADA lawsuits, particularly in California.

The passage of SB1186 gave litigants a pause but there has now been sufficient time for these attorneys and their plaintiffs to figure out how to get around some of the issues.

Nonetheless, with the rise of many copy-cat litigants, they can make some basic mistakes after not understanding SB1186 and what it entails. This article is pretty good at summarizing some of the recent changes.

Disability lawyers are learning how to litigate around these new requirements and are proceeding with lawsuits seeking at least $1,000 per violation along with attorney’s fees and costs. Obstruction of disabled persons designated parking spaces, regardless of intent, is one of many new allegations dealers must face

You can read the full article below: ADA claims are back and on the rise

Worried about such a lawsuit coming your way? We can help you discover your liability! Call us at 866 982 3212 or email us at help@accesssolutionllc.com

Federal or State Court?

| Wednesday, October 23rd, 2013 | Comments Off on Federal or State Court?

One of the rising issues with ADA lawsuits is some of the confusion over State and Federal court. Since businesses could be sued under either, there needs to be more comprehensive strategies in how to deal with such ADA litigation.

Below is an article that addresses some of these problems without giving a clear solution.

Click here

It’s a very clear article.

But then, why is there a lack of a legal solution? There isn’t a clear solution as your strategy will depend on the size of your business. However your attorney pay spin a situation, or deploy a strategy to help you, the facts always remain that a violation is a violation.

Now while you may not be legally required to fix all violations (some being too cost prohibitive), you are best off fixing items that you can fix.

So what should you fix?

It is this reason that the first step to compliance is… *drum roll please *… getting a comprehensive assessment as to what your violations are. After that you can start to fix the violations that trouble you.

We can do accessibility assessment for you.

866 982 3212
help@accesssolutionllc.com

City buildings need to become accessible

| Tuesday, October 15th, 2013 | Comments Off on City buildings need to become accessible

City buildings need to become accessible, especially since there is a very large aging population.

For the city of Cheyenne, which was served notice by the Department of Justice for their noncompliant government buildings, this is a large issue they are taking very seriously.

Nonetheless, despite having a transition plan, the city still receives four or five complaints a year… mainly due to the expensive nature of retrofitting existing buildings.

You can read the full article below: How ADA accessible are city buildings?

With the aging population, there are bound to be an increase in the requirements for accessibility even as the standards for accessibility become further widespread.

Keeping up with this moving target requires expertise such as ours. Any questions or comments? Call us at 866 982 3212 or email us at help@accesssolutionllc.com

State of Seal Beaches in terms of ADA Compliance

| Tuesday, September 17th, 2013 | Comments Off on State of Seal Beaches in terms of ADA Compliance

Seal Beach attempts to become compliant and discovers their master plan was not as thorough as it needed to be.

Seal Beach parks are in moderate compliance with a federal law, according to the 2013 Seal Beach Parks and Community Services Master Plan.

“Federally-mandated ADA (Americans with Disabilities Act) access to the city’s parks and their amenities is currently only met in moderate fashion,” the plan said. “With limited difficult terrain to restrict the achievement of this mandate, a number of the city’s parks have the potential to better serve those with physical challenges in their lives.”
The required improvements vary.

“In some cases this includes hard surface paths-of-travel from designated parking spaces to observation and activity areas, while handicap accessible picnic tables, drinking fountains, and playground surfacing can significantly improve access to several of the city’s parks’ areas,” the plan said.

Nonetheless, they are making significant efforts to determine how the can comply, and help improve the life and access of their residents.

Bravo, Seal Beach.

It’s Time to Update Your Real Estate Forms (at Least in California)

| Sunday, September 8th, 2013 | Comments Off on It’s Time to Update Your Real Estate Forms (at Least in California)

If you are the owner of commercial real estate in the State of California then a recent change in California law will require you to update your lease forms. Effective July 1, 2013, all commercial leases must indicate in the lease whether or not the property has been inspected by a Certified Access Specialist (CASp).

Section 1938 of the California Civil Code provides that a “commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection” by a CASp and if so whether the property has or has not been determined to meet all applicable construction related accessibility standards. A CASp is a professional licensed by the State of California to assess a commercial property’s compliance with federal and state disability related laws and regulations. The CASp is trained and certified to identify areas of non-compliance with accessibility standards and report those results to the property owner.

The new law does not include any specific penalty for failure to make the disclosure. It also does not require the owner to obtain the actual inspection. However, failure to comply with the law could create other practical issues for owners of California commercial real estate including the raising of the issue if the owner is involved in any Americans with Disabilities Act litigation. Failure to include the language could serve as evidence in any such litigation as to the owner’s knowledge of access requirements or intent to comply with the applicable laws. This is especially critical in California given its reputation for being one of the most litigious ADA states in the country.

 

This requirement is one of the outcomes of SB1186.  This lease requirement is effective July 1st, 2013.

Original article here: http://www.natlawreview.com/article/it-s-time-to-update-your-real-estate-forms-least-california

 

If you have any questions or comments, don’t hesitate to contact us.  <strong>866 982 3212</strong> or <strong>help@accesssolutionllc.com</help>