Archive for the ‘Legislation’ Category

NEW ADA STANDARDS Signed in by Obama

Yours Truly Accessibility | Wednesday, July 28th, 2010 | No Comments »

The new federal standards for the Americans with Disabilities Act was signed into law by Obama yesterday on the 20th Anniversary of the signing of the ADA by the first George Bush.

You can see Obama’s speech below:

THE PRESIDENT: Thank you. Good evening, everybody. (Applause.) Thank you so much. Well, we have a gorgeous day to celebrate an extraordinary event in the life of this nation. Welcome, all of you, to our White House. And thank you, Robert, for the wonderful introduction. It is a pleasure and honor to be with all of you on the 20th anniversary of one of the most comprehensive civil rights bills in the history of this country — the Americans with Disabilities Act. (Applause.)

(Obama’s Speech on the ADA continued…)

You can also read the updated guidelines as they apply to the older regulations. Basically the ANSI/IBC standards of 2004 which incorporated the ADAAG 2004 have been absorbed into the Revised Standards of 2010. Facilities which are going to undergo construction 18 months from this date need to comply with the 2010 standards IF they have not yet complied with the 1991 standards. You can see the text directly below.

Title 2 ADA regulations for 2010

Many of the 2010 requirements are stricter. A major difference is that the 1991 requirement for van accessible space be 1 for every 8 total accessible spaces has changed to 1 for every 6. Another difference is the increase of space required for a side transfer in a single user toilet stall from 3 feet to 5 feet. These new standards reinforce, add or revoke existing 1991 standards. If you are thinking of updating to these new standards, you may not have to. There is a short window for businesses to comply to the 1991 standards before the 2010 take effect. Where the 2010 standards revoke the 1991 standards we can point those out to save you the time and effort of complying to standards which will no longer be necessary. We can help you navigate these and more.

If you have any questions, of course feel free to email us at help@ytaccess.com or call our toll free number at 866-982-3212×2.

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ADA Damages Suits Don’t Require Intent, Calif. Supreme Court Rules

Yours Truly Accessibility | Monday, June 22nd, 2009 | No Comments »

“Businesses that violate the Americans with Disabilities Act, even if unintentionally, can be sued for damages, the California Supreme Court ruled unanimously on Thursday.

“Justice Kathryn Mickle Werdegar concluded that was a reasonable interpretation of the state Legislature’s decision in 1992 to adopt Civil Code §51(f) to amend the state’s Unruh Civil Rights Act to include violations of the ADA. While the ADA provides only injunctive relief whether the harm was intentional or not, Section 52 of the Unruh Act provides for damages of at least $4,000 or as much as three times the actual harm.”

link: Law.com

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New Administration brings ADA reform

Yours Truly Accessibility | Wednesday, December 3rd, 2008 | No Comments »

Two large changes loom in the horizon for disability access in California. President-Elect Barack Obama plans to start a Disability Department to help integrate disabled Americans into mainstream society. Currently, a large number of Americans who have disabilities are barred from attending educational institutions or seeking employment with small businesses because 1) disabled Americans stand to potentially lose their government funding if they enter the work force and 2) small businesses can’t offer the comprehensive health care coverage that the disabled often need. Obama intends to change all this. His comprehensive plans include providing incentives for businesses to hire the disabled, incentives for businesses to provide increased health-care coverage and to fully fund the Disabilities Education Act. Combined with the ADA Amendment Act of 2008 which expands the definition of who is legally considered disabled, we can all expect a greater level of scrutiny applied to disabilities in general. With more disabled citizens out on the streets, going to school, going to work, and going out to lunch, there will be an definite increase in the need for public access on all walks of life.

The second change comes from the state level. Recently, Governor Schwarzenegger and the California State Assembly passed S.B. 1608, which is meant to curtail frivolous lawsuits and encourage business owners to make their buildings accessible. S.B. 1608 also has provisions for requiring cities and building departments to retain accessibility experts in order to ensure that the city become and maintain its accessible features. For those leasing or thinking about leasing, accessibility inspections become even more imperative. Instead of inheriting a building full of accessibility barriers, many business owners and landlords are taking the extra step to comply with the ADA. However, incomplete knowledge can give a false sense of security that still leaves your business open to a lawsuit.

For example, did you know that under California and Federal Law you need two signs for the restroom door?  Or that the accessible parking space must be on a level surface closest to the main entrance?

That’s why more and more businesses are turning to professional accessibility consultants before opening their doors. Protect yourself by requesting an accessibility assessment today. For questions, call Yours Truly Accessibility at (866) 982-3212.

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