Welcome back!

For this installment, we will cover restroom accessibility.  For considerations regarding facility management or considerations on how to modify the restroom beyond simple, readily achievable items, I would recommend listening to this podcast found on facilitiesnet.com.  You can find the podcast here:

ADA consideration tips for Contractors and Property Managers

Now, if you had listened to this podcast, and you’re a leasee or a small business owner, you’re probably thinking that can’t be something I can do… in a long term solution, that may have to be done eventually but not right now.  Since this post is about providing tips on what can be done right now it’s got to be simpler and less intrusive on the structure of your restroom.  This is what readily acheivable means.

What is a Readily Achievable Accommodation?

Readily achievable is defined as providing alterations to existing facilities that are “to the maximum extent feasible”. The maximum extent feasible has to do with an entity’s financial threshold. If you are a smaller entity, your financial resources would be much less than a larger entity. So readily achievable accommodations changes depending on who you are. If you want a larger picture as to how readily achievable accommodations, you can go here to read more about the larger picture:

How to Determine your ADA Liability Cost

There isn’t any magical fixes, this is simply a matter of knowing what the laws are.  We will cover four pictures.

Discussion of ADA Accommodations

Restroom Picture #1: Proper Signage

If you’ve looked online for signage requirements, you’ll understand there are height and space requirements.  Those are pretty specific — and we won’t get into that right now ( we will cover this later).  My point, is that’s not well understood how to go about purchasing the proper signs.  Proper restroom signs need braille and raised lettering.  Whether this goes on the door, depends a great deal on the door swing.  For instance, these doors open out, so having raised letter and braille on these door signs would be a hazard.  For more detailed information about this, you can go here:

ADA Restroom Signage

In this picture though, you can see how the sign blends with the color of the wall.  The requirement for “contrasting color” applies not only to the pictogram and the lettering against the background of the sign but also between the sign and the wall.  It’s understandable that the owner of this restaurant probably wanted signage that would blend into the color of his wall so as to be unobtrusive.  But that does defeat the point, doesn’t it?  For someone who is legally blind, they may not be able to see the sign is there if it’s too small.  The large size of the sign contrasting with the color of the wall is meant to draw attention to the presence of the sign.  An individual who is blind could then walk up to the sign and touch it, and read the braille or trace the lettering and understand if this restroom is or is not meant to service them.

Restroom Picture #2: Amenity Height

One of the most common requirements for the accessibility of restroom amenities is the height of restroom amenities. The point of providing these items to the public is so that the public can use them.  Providing goods and services to everyone equally is the point of the ADA.  The height is not the only dimension to be considered.  Height is part of something called “reach range”.  There’s not enough space to go over in detail how the reach range is affected by approach or over-reaches but in general, the California Code of References specifies that at least one of the each type of restroom amentities must be at maximum 40 inches above the finished floor.  This means that if paper towels AND a dryer is made available than one of each must be at 40 inches to the operating point.  For mirrors, this should be at 40 inches.  For towels with controls, the control must be at 40 inches.  For soap dispensers, the dispenser must be at 40 inches.

In this restroom, the mirror here is at the threshold of 40 inches.  You can scale the mirror height through the titles and it’s pretty close to 40.  They definitely need to measure that height to the reflective edge.  Now, knowing what is at 40 inches looks like in this restroom, you can note that the paper towel dispensers are too high.  This can be resolved by either lowering one of the dispensers or by installing a lower dispenser in order to make paper towels available to everyone.  (This can be as simple as providing paper towels on the counter itself.  Of course such a ‘fix’ would require active monitoring so that the paper towels will always be available.)

For the soap dispensers, there are two.  One is too high.  One is lower than 40 inches but has a reach depth that is too deep.  In fact, it’s likely that all four amenities are too deep.   (I did not measure this restroom.)  In general, each amentity must have clear floor space under it so that someone in a chair can have enough space to go up to the item and reach it.  A good rule of thumb is that at 40 inches…

Restroom Picture #3: Sinks

The ADA 2010 simplified the knee clearance under sinks.  This sink has an interesting design and probably meets the requirements for knee clearance. (I did not measure this sink).  But just from looking at it, I see 2 other issues.

The second issue has to do with the pipes wrapping.  Wrapping pipes requires that the hot water input and the drainage be wrapped in insulating materials.   From this picture, it’s clear that the sink on the left is wrapped.  What isn’t clear is that that this sink is identical to the sink on the right.  If one sink of all of them were lowered, then that would be the accessible sink.  But if the dimensions of all the sinks are the same and there is no identifying sign that the sink on the left were otherwise the accessible sink, then this business might as well not have wrapped their sink.  They are still at risk to having their customer be burned by the hot water pipes simply because there is little in way of identifying the wrapped sink.

The second issue has to do with the bowl height.  While the code says that the top of the sink apron, or the sink counter, shall be no higher than 34 inches.  The issue isn’t just so the counter top is at 34 inches, but also so that someone can get their hands in the bowl to wash their hands or wash their face.  The bowl looks to add 6 inches, so even if they had knee clearance at 29 inches which is the minimum, adding another 6 inches puts them at 35, too high to be compliant.

Restroom Picture #4: Urinal

The last image we will discuss is the urinal.  The urinal requirements are pretty much the same as any other point of operation although there are two added requirements specific to urinals.  This urinal has the needed depth (the rim extends far enough from the back wall) but the height is too high.  Urinals are required to have the projecting edge to be 14 inches from the back wall minimum.  The rim height should be a maximum of 17 inches from the finished floor (judging from the picture, this one looks to be at least 2 feet from the finished floor.)

There are three additional considerations, the clear floor space, the slope of the floor and the flush control.

From the photo there are no obvious floor slope issues, but you can tell that the trash can is awfully close to the urinal.  It may interfere with the clear floor space.  This is a matter of policy, this large facility should instruct their janitorial staff to place the trash can somewhere else.

Also visible from the photo is the flush control.  You’d recognize this control to be automatic, as it has a sensor.  But if this control should have an additional push button for added flushing ability, then this urinal control should be within 54 inches of the finished floor.  Remember, 40 inches applies to the amenities.  54 inches is the side reach range if the wheelchair user reached up from the side of the chair.  48 inches is the front reach range.

This concludes our discussion.

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us athelp@ytaccess.com.

In the past we had a series called “Access foibles” which featured one image, with an explanation or tip of what was in or out of compliance.

These images did not prove very useful for our readership because you all had to look at each one to find a discussion of what you found relevant.

So I am going to try posting an extended explanation, to make things easier for you.

This article is about ADA compliant parking and the path of travel requirements.  This discussion is NOT meant to be exhaustive.  If it was, I would probably need to write a small novel.

I am going to cover 3 images.

About these ADA Compliance Photos

For the record, none of these images here resulted directly from any ADA compliance study.  These images were photographed by me, on my cell phone in my journeys across Southern California.  The properties depicted do not belong to anyone I know, and are only discussed on here for educational reference as to their ADA compliance.  I am not going to do anything else with these images, nor do I keep track of where each image originates.

If anything, the glaring ADA violations discussed in this image should impress upon you all how ubiquitous ADA violations are, and how easy it is to find a place that isn’t in compliance.

That being said, there are two major considerations for any kind of ADA compliance:

1. The dimensions of the item in question
2. How that item is located in relation to the path of travel

The first item is particularly difficult to surmise because it’s dependent on what the different studies and committees have decided is both achievable for businesses and most helpful for those who need those dimensions.  The first item is also the easiest to look up because it’s specifically dimensioned.

The second item is a little harder to do because it’s according to certain principles, such as the pedestrian envelope.  The pedestrian envelope isn’t a specific construction — it’s an amalgamation of the different needs of pedestrians, be they semi-mobile, on wheels, completely ambulatory, or slightly ambulatory.  Much like egress and ingress (that the Fire Marshal would use to determine the requirements for exit and entrances, as well as the number of those portals), the pedestrian envelope must always have a certain number of requirements.  What this article is about is how the pedestrian envelope affects actual parking spaces.

ADA Requirements for the Parking

I don’t intend to discuss too much about the specific parking requirements.  That’s pretty cut and dry, either you meet the measurements or you don’t.  People understand that.  The requirements for parkings for the 2010 ADA has changed a little, but there are exceptions to allow for older CA parking which exceeded the original 1990 ADA parking requirements.  I’ll discuss the parking in a later post but in general parking should have:

• 60 inches for the non-van access aisle.  Having 60 inches for the van access aisle is required under 2010 ADA but if you have a 96 inch access aisle, you need to have 108 inches of width for the van space.  If your van access aisle is only 60 inches then your van space width needs to be 132 inches.  You measure the spaces from the center of the line to the center of the other lines.  We have worked for places that have been sued because the contractor measured the parking from outside to outside, shaving off 4 inches from the requirements.  This is part of what’s known as “safe harbor” but you can’t rely on the older measurements.  For more details on the concept of the “safe harbor” see:  Department of Justice: ADA Primer for Small Businesses
• The slope for both the access aisle and the parking space need to be on the same level AND the slopes cannot be greater than 1:48 inches in any direction.  If your parking space slumps, we would recommend that you either consider locating your accessible parking elsewhere, or that you try and level the space.  Van lifts won’t deploy if it detects that the ground is uneven.
• Signs should be clearly visible to drivers who want to park in the space.
• The signs should NOT say “handicapped”  (California, Vehicle Code § 22511).  You should replace your sign if it says this, as a lawsuit costs far more than replacing the sign.
• The van space must be marked as being “van accessible.”
• Sign heights for CA and the ADA are different, but in general the bottom edge of your sign should be above 80 inches when in the path of travel.  Many business owners seem to think this is funny, asking if they can place the sign at 13 feet above grade.  There is no upper limit, but again the sign needs to be visible to on-coming drivers.

Bewarned: This list is not exhaustive.  Also be aware that laws do change.  This list may become inaccurate.  I’ll try to remember to update it, but if you’re reading this list a year from now, be warned that it may be faulty, especially if the California Code of Regulations Title 24 changes (which is the next known update).

ADA Requirements for Path of Travel

The idea behind the path of travel is to provide a zone of safety around the pedestrian.  This zone, with attending requirements needs to go anywhere the public is allowed to go.  There are still ADA requirements for employee only areas (especially as put in by Title 1) but as a rule of thumb, the path of travel only needs to end up to the employee areas, including the door.  Some general path of travel requirements are:

• No slopes greater than 5% without handrails.  Slopes greater than 5% require handrails and are considered ramps.
• Door landings do different in size, but in general, each door landing with its latch-side clearance needs to have a steepness no greater than 1:48 in any direction.
• Accessible paths of travel need to be pointed out with signage
• At least one of each type of good or service must be located on the path of travel so that everyone has access to it.  This means that a bar upstairs doesn’t need to be accessible if there is an identical bar on the first floor (AND if all the amenities are the same.  This means that if a private party rents out the upstairs area, there is potential for a lawsuit).
• The California Building Code requires at least 48 inches of width along external paths of travel with a recommendation of 60 inches.  For existing buildings this can go down to 36 inches for the ADA depending on hardship.
• Objects which protrude into the pedestrian envelope greater than 4 inches for wall mounted objects (12 inches for post mounted) are considered hazards in the path of travel.  A path of travel should be devoid of these objects.  The area of projection is in general, between 27 and 80 inches above the finished floor.  This means that doorways that are lower than 80 inches are considered hazards.  Common protruding objects include fire extinguishers, signs and counters.
• The cross-slope for a path of travel cannot be greater than 1:48 inches.
• Detectable warnings are required under the California Building Code for vehicular hazard areas and transit platforms.  This requirement isn’t included under the ADA 2010 but it is included in the ADAAG 2004 and will probably be reintroduced under the Public Right of Way Access Guide which is supposed to come out soon.
• No change in vertical level greater than 1/2 inch is allowed.  Changes in level between 1/4 and 1/2 inches should be beveled at a 45 degree slope.

Like the list above for parking, this list is not exhaustive and may change as laws and regulations change.  So be warned if you want to use this to assess your site.  Nonetheless, this gives you some idea of what some of the requirements are.

Discussion of ADA Accommodations

Parking Space Picture #1: Security as Barriers

Even, if you have not read ADA Requirements above, you should understand why this image is here.  From every disabled parking space there should be an access aisle.  This access aisle must connect to the accessible path of travel.  Failure to do so results in what is known as an inaccessible parking space.

How must this parking space connect?  Firstly, individuals with disabilities tend to travel slower than individuals who do not have disabilities.  One could be in a wheelchair, or they could use a walker, or cane, or be legally blind.  Preferably, paths of travel should not cross vehicular traffic.  But when they inevitably do, areas that are shared by driver and pedestrian must be blue stripped and hatched like in the photo.  These areas are known as crosswalks.

Crosswalks are an integral part of the accessible path of travel.For this purpose, the blue stripping helps alert both drivers and pedestrians that this is an area reserved for those who walk.

Individuals who are legally blind may not be able to see very well.  They may be able to see the blue stripping if it contrasts with the pavement but they definitely cannot see other drivers’ faces.  This means that they cannot tell if a driver sees them or not.  Legally blind individuals look like everyone else.  Drivers may assume that such a person sees them and will stop walking.

Blocking this crosswalk with a fence presents a problem, because now the disabled individual doesn’t know where to go.  They may not see the fence until they walk into it.  Many of you might also notice that this fence is movable.  Besides the fact that I took this photo during business hours (the business expects people to enter and exit through a different driveway) and the fence is closed…

There is however, a second problem with this photo.

If you look at the bottom of the fence, there is a guide rail for the wheel.  This guide rail is larger than 1/2 inches and presents a barrier for individuals who shuffle their feet (or their walker) or individuals in a manual wheelchair.  Many of us who are also not disabled have tripped on such barriers.

The second image presents more parking and path of travel issues.

Parking Space Picture #2: Amenities as Barriers

This picture should be  pretty self explanatory.  Here we have an access aisle that is supposed to use the break in the fence as a way of transition onto the general pedestrian path.

But there’s a trash can in the way.  The trash can is not mounted, but it is made of concrete so as to be heavy (so it won’t get stolen).  This means it cannot be moved easily.

Nonetheless, the parking site is small, and this franchisee decided to put the trash can here for the convenience of  their patrons. Whoever decided to put the trash can there doesn’t understand that this presents three problems.

The first issue stems from a reduction in the path of travel.  There isn’t enough space now for the pedestrian to maneuver with their mobility devices around the trash can.  (The access aisle is also rather narrow, being in-compliant, but that’s not easily visible in the photo unless you have experience measuring such a space).  The presence of this barrier prompts the franchisee patron to travel around the back of their vehicle into the drive-thru, presenting a possible opportunity for an accident.  You can imagine the lawsuit which would ensue if that happened!

The second issue stems from a barrier in the access aisle for the van chair lift.  A van chair lift won’t deploy if there’s an object in the way.  Again, the disabled individual is trapped and needs to move their vehicle or park somewhere else.

The third issue is simply that such a trash can would block the passenger side door of anyone trying to exit the vehicle.  Disabled individuals can drive, but sometimes they do not.  Someone who is mobility impaired has enough problems getting in and out of their vehicle.  To ask them to squeeze out of their space presents an added barrier which may be insurmountable.  If such a patron tried to squeeze out of their vehicle, they might fall and hurt themself.  You can imagine the problems here that could result from that situation.

You can bet that this franchisee will probably say Why do we need to comply?  No one who is disabled ever comes in this store! Well, now you know why no one who is disabled goes to their store.  Such potential clients probably saw this trash can and decided it wasn’t worth the hassle.

And after everything is said and done, why make things harder for your customers to give you money?

Parking Space Picture #3: Curb Ramps

The first two images dealt with issues that a building inspector may not realize as in both situations, it’s possible the owner decided to place those barriers there, unwittingly violating the ADA.  This image is a little different because it requires professional assistance to be implemented.

If the pictured construction looks sharp, it’s because this is brand new, as of 2011.  For those of you who know the construction and design process, it’s more than likely that this construction had to be given a thumbs up from the plan check counter.  Even still, this is a clear case where not only the ADA is violated but also the local building ordinance failed to provide guidance and protection to both future patrons and the building owners.

For those of you curious the violated requirements in question are quoted below:

Built-up curb ramps shall be located so they do not project into vehicular traffic lanes. (1127B.5(1))

Besides the common sense understand that access aisles should not connect to a curb without a curb ramp, there’s also a requirement that curb ramps need to be present where there are curbs.  And curbs there are!

Pedestrian ways which are accessible to persons with disabilities shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any accessible parking space or the adjacent access aisle. (1129B.3(3), my own emphasis.)

Now if this was not enough, there’s also a requirement for the access aisle slope to be less than what a curb ramp needs in order to be functional.  The presence of any curb ramp in the access aisle would violate this requirement.  For your reference, curb ramps are any sloping surface which transverses a curb.  Curb ramps can slope up to a maximum of 8.33%.  8.33% is 1:12 meaning that for each vertical inch, a curb needs to have a horizontal length of one foot.  In California, curbs are steeper than in most other states.  Usually curbs are six inches (or more) high.

Surface slopes of accessible parking spaces and access aisles shall be the minimum possible and shall not exceed one unit vertical in 50 units horizontal (2-percent slope) in any direction. (1129B.3(4))

I didn’t measure these curbs but obviously, 2% < 8.33%.

Now understand that these three violations are just the California Building Code!  The ADA has matching Accessibility Guidelines also similarly violated.  If anything, in order to be compliant, instead of built-up curb ramps that project into the access aisle there should have been curb cuts installed.  A curb cut would have also used less concrete as the head walk could have been lowered to street level.

Insofar as how this affects people with disabilities, a curb ramp in the access aisle presents an uneven surface such that a van chair lift will not deploy.  Wheelchairs that have to be placed on an uneven surface also have a tendency to roll.  Grandma has enough problems walking for short distances, for her to have to deploy the chair and sit on it is hard enough without also having to chase after the chair.

The access aisle closest to the camera may be wide enough for wheelchair deployment.  But to place a curb ramp alongside it in this manner creates a side flare which becomes a potentially insurmountable barrier.  Transitioning onto steep surfaces tips wheelchairs, making it unsafe.  For someone in a wheelchair to use this ramp, they would have to go into the vehicular right of way to enter it.

The large curb ramp also invites delivery trucks to park in front, blocking the disabled spaces.  The ADA also requires that pedestrian curb ramps not be used as loading ramps.

What’s the solution if you are this building owner?  Well, relocating the access parking might be an option, or extending the cross walk so the curb ramp could be utilized.  This really depends on the rest of the site configuration, however.

Well, that’s it for now!

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us at help@ytaccess.com.

Much of the access tips available here: Accessible Accommodation Tips underscore the current fear that business owners have about their buildings not being ADA compliant.

ADA compliance goes far beyond walking through a building with a yardstick or a slope meter.

But even our lawmakers do not understand what’s at stake here.  If you’ve read this blog you should understand by now that the best way to avoid an ADA lawsuit is to become compliant.

What does this mean though, for a good or service to be compliant?  First the lawmakers:

The Bill in Maryland State Senate

Covered by the Maryland Reporter is an ongoing debate in the Maryland State Senate to provide an option for people who feel they have been discriminated against to be able to go to the Maryland Commission to seek injunctive relief rather than suing the place of business.

The state bill would be the first of its kind, if passed, but it would not remove the option for people to sue businesses under the ADA.  What’s the point?

Well, what’s interesting about this bill is that it assumes that the problems of the many ADA lawsuits stem from the lack of alternative channels for the disabled to complain about the business (if the business itself is unwilling to listen) without suing.   Of course, if the individuals suing are asking for money instead of injunctive relief, this bill won’t deter them.

But as an option it sounds good, except as the bulk of the article suggests by past individuals who fought against civil rights, more legislation isn’t really the key.  The root of the many ADA lawsuits don’t stem from a lack of alternate complaint — it’s the lack of compliance with the laws.

I have quoted a relevant portion below:

Several senators talked about lawsuits they knew about where disabled people and crafty attorneys tried to shut down or squeeze money out of establishments. Sen. David Brinkley, R – Frederick County, talked about county restaurants that had shut down because of onerous costs inflicted through lawsuits.

Sen. Allan Kittleman, R-Howard County, said that the lawsuits brought by people with disabilities are a serious issue, referencing a news article a few years old that detailed some of them filed in Maryland. He added that the concerns about discrimination – like the kind Kelley described – are real, even in this day and age. However, he said, anything that’s more onerous for businesses to deal with could be problematic.

“We all want access, but the concern some of us have is the greed for riches,” Kittleman said.

Several senators said that a study couldn’t do much to stop the kinds of lawsuits that were described by their colleagues. Laws are already on the books to try to stop frivolous lawsuits, they argued. Bill sponsor Sen. Lisa Gladden, D-Baltimore City, said the legislation just allows people who feel they were discriminated against to file complaints about it in the local courts closer to home.

“This bill is not new. It’s like moving the car from the driveway to the garage. You don’t change the car, and you don’t move houses,” Gladden said.

Peters’ amendment was rejected with a vote of 18-26.

Sen. Thomas “Mac” Middleton, D-Charles County, recalled that provisions to specifically give protections from false claims were included in a Medicaid bill a couple years ago. He proposed inserting an amendment to do the same thing to protect small businesses from lawsuits filed by disabled people and their lawyers. The bill will be considered further on Friday.

You can read more about it here: http://marylandreporter.com/2011/04/01/blog-discrimination-stories-frivolous-lawsuits-dominate-senate-debate/

This debate brings up a larger issue. There are politicians who side with businesses on this issue, seeking to narrow the scope of the ADA. (To read more about what the current expanded scope of the ADA is, turn here: The Equal Employment Opportunity Commission defines what a Disability is.)

The issue is that there just isn’t much ADA compliance in the public, period.

So what is the Point about ADA Compliance?

If you’ve been reading this blog for a while, even a little bit you’ve gleaned some understanding about what ADA compliance is about. Of course, if you are interested in ADA Tips and information on how to be compliant, I would invite you to go one of these links:

Accessible Accommodation Tips
Future ADA Seminars
Guest Articles

Otherwise you’re reading this column about awareness. And there’s much to be aware of and comply with.

The POINT of ADA COMPLIANCE is to provide equal access.  What’s on this blog is just the tip of the proverbial ice berg.

I do intend to keep posting more detailed information.  But to get started, we need some background.

For instance, suing places for their lack of physical ADA compliance is just a tip of the issue.

I’m not going to list all of the possible issues right now, but as a business becomes physically compliant, they still need to audit their own services in other to understand how they are not compliant in other ways.

For example, Senate Bill 3304 was passed last year in 2010.  You can take a look at the details here: Senate Bill 3304.  This bill highlights the need for communication to be provided for people with disabilities.  In other words, if you communicate anything to the public you’re probably assuming that they fit a certain mold, of being a certain age, speaking or reading a certain level of English comprehension… and are not either hearing or sight impaired.

Well, that’s changed.  Senate Bill 3304 is otherwise called 21st Century Communications and Video Accessibility Act, “COAT” has a long list of areas that need to be both closed captioned or available on hearing-impaired or seeing-impaired devices.  I have quoted the entire list of the different sections for you below.

Title I – Communications Access

Section 101:  Definitions.

• Provides definitions for “advanced communications” (including interconnected and non-interconnected voice over Internet protocol (VoIP), electronic messaging, and interoperable video conferencing services); “consumer-generated media”; and “disability.”

Section 102:  Hearing aid compatibility.

• Requires telephones used with the Internet to be hearing aid compatible.

Section 103:  Relay services.

• Permits use of relay services to enable communication with anyone, not just between people with and without disabilities.  So, for example, a TTY user can use relay services to call a person who communicates in American Sign Language using a videophone.
• Requires Internet-based voice communication service providers to contribute to the Interstate Relay Service Fund.

Section 104:  Access to advanced communications services and equipment.

• Requires accessible advanced communications equipment and services, if achievable; and, if not achievable, then to make equipment and services compatible with devices commonly used by individuals with disabilities to achieve access, if achievable.
• Requires access to Internet services built-in to mobile telephone devices, like smart phones, if achievable.
• Defines “achievable” as reasonable effort or expense, as determined by the FCC.
• Improves enforcement; requires regular reports by the FCC to Congress; and requires an enforcement study by the Comptroller General.
• Adds recordkeeping obligations for equipment manufacturers and service providers.
• Requires a clearinghouse of information on accessible products and services, and public education and outreach.

Section 105:  Relay Services for Deaf-Blind Individuals.

• Allocates up to $10 million per year from the Interstate Relay Service Fund for equipment used by individuals who are deaf-blind.

Section 106:  Emergency Access Advisory Committee

• Establishes an Emergency Access Advisory Committee to recommend and for the FCC to adopt rules to achieve reliable and interoperable communications with future Internet-enabled emergency call centers.

Title II – Video Programming

Section 201:  Video Programming and Emergency Access Advisory Committee.

• Establishes a Video Programming and Emergency Access Advisory Committee to make recommendations about closed captioning, video description, accessible emergency information, user interfaces, and video programming guides and menus.

Section 202:  Video description and closed captioning.

Video Description

• After 1 year, restores FCC rules requiring 4 hours per week of video description on 9 television channels (top 4 broadcast networks and top 5 cable channels) in the top 25 most populated markets.
• After 2 years, requires FCC to report to Congress on video description.
• After 4 years, permits the FCC to increase video description to 7 hours per week on 9 television channels.
• After 6 years, requires the FCC to apply the video description requirements to the top 60 most populated markets (not just the top 25 most populated markets).
• After 9 years, requires the FCC to report to Congress on the need for additional markets to carry video description.
• After 10 years, permits the FCC to expand video description to 10 new markets annually to achieve 100 percent nationwide coverage.

Emergency Information

• Requires video programming owners, providers, and distributors to make emergency information accessible to individuals who are blind or have low vision.

Closed Captioning

• Requires captioned television programs to be captioned when delivered over the Internet.
• Requires the FCC to grant or deny requests for exemption from the closed captioning rules within 12 months.

Section 203:  Closed captioning decoder and video description capability.

• Requires devices designed to receive or play back video programming, using a picture screen of any size, to be capable of displaying closed captioning, delivering available video description, and making emergency information accessible to individuals who are blind or have low vision, except, devices with picture screens less than 13” must meet these requirements if achievable with reasonable effort or expense.
• Requires devices designed to record video programming (such as DVRs) to enable the rendering or pass through of closed captions, video description, and emergency information, so viewers can turn the closed captions and video description on/off when played back on a screen of any size.

Section 204:  User interfaces on digital apparatus.

• Requires devices designed to receive or play back video programming:

1. to make controls of built-in functions accessible to and usable by individuals who are blind or have low vision, if achievable;
2. to make controls of built-in functions accessible to and usable by individuals who are blind or have low vision through audio output;
3. to provide access to built-in closed captioning and video description features through a mechanism that is reasonably comparable to a button, key, or icon designated for activating the closed captioning or accessibility features.

Section 205:  Access to video programming guides and menus provided on navigation devices.

• Requires cable/satellite set-top box on-screen text menus and guides to be audibly accessible to individuals who are blind or have low vision, if achievable.
• To provide access to built-in closed captioning and video description features through a mechanism that is reasonably comparable to a button, key, or icon designated for activating the closed captioning or accessibility features.

Section 206:  Definitions.

• Provides definitions for Advisory Committee, Chairman, Commission, emergency information, Internet protocol, navigation device, video description, and video programming.

In looking ahead, you can see that the future requirements are going to catch many many many businesses off guard.  It might be a few years before those businesses themselves get sued.  And then the need and demand for these communication devices, (be it mobile hearing aids, readers, screens, and so on) will go up.  Although right now many businesses probably don’t care, thinking such a cost extraneous.

You can see this original page here: COAT page on S. 3304.  Their page is a great resource on what some of these devices will be.

Some of the issues about disabled communication have already caught on.  I link two of them below.

More ADA Compliance issues (non-physical access)

Issue #1:  Vegas Airport SUED for their Kiosks

So you’d think large companies with their “Chief Compliance Officers” and their vast resources would be able to catch on and anticipate their customers’ needs and avoid lawsuits by now.

This isn’t the case.

In this article, you can read about how a Baltimore based Blind Group Sued the Las Vegas Airport over their Ticket Kiosks.  (from The Daily Record)

The point is that this airport offered ticket kiosks to their customers as a service so that their customers could get their tickets self-check in and be on their way quicker.  By not upgrading the software on the kiosks so as to include some kind of voice-communication, they were denying this service to the blind.

In the article, upgrading the kiosks could be somewhere between 2k- 30k each.

As an airport, their income is well into the millions, so this represents only a fraction of their budget.  You can be sure you’ll need to do that now, otherwise it could (and will) happen again.

Issue #2 FedEx Field SUED for not providing Closed Captioning for Music

Most business owners hearing this would probably think this is a ridiculous issue.  But if you read the article, you’ll see that this football field had been previously sued for not including closed captioning on their screens back in 2003.  Their protest was that closed captioning  ”would take up too much room on the screen” — which of course betrays their insensitivity and bias against those who do need it, lest they know not what’s going on.

So, seven years later and having installed the necessary equipment, you’d think the field would have learned their lesson.

What’s interesting about this case is that both sides are claiming that they are willing to cooperate but the other side was being difficult.  I quote the end of the article below so you can decide for yourself.

The court also agreed that song lyrics were an important part of the football experience, even though the plaintiffs had waited to raise that argument until filing summary judgment papers.

“By having access to the lyrics, plaintiffs have the opportunity to participate in the communal entertainment experience,” the court said in a 2-1 decision. “Without access to lyrics played, for example, during cheerleader dance routines and the halftime show, plaintiffs would not fully and equally experience the planned and synchronized promotional entertainment that large stadiums like FedEx Field provide.”

Washington Redskins General Counsel Dave Donovan said that his clients and the stadium owners already were complying with the decision. He said that they were providing, through e-mails, typed lyrics to songs performed by the cheerleaders. “Truth be told, this has only been about attorney’s fees. For years the plaintiffs’ firms managed to keep it alive,” Donovan said.

Joseph Espo, who represented the plaintiffs, said that his clients had tried to settle the case many times and that the attorney fees, which were in the “low six figures,” were a result of the defendants’ unwillingess to settle.

“It completely distorts reality to say that we are the ones who drove the fees,” Espo said. “The decision is a great day for deaf sports fans and reaffirms the obligation of the owners and operators of sports venues to make sure their product is accessible to all of their customers.”

Contact Leigh Jones at ljones@alm.com.

You can read more about how FedEx Field dealt with this lawsuit.  (From National Law Journal.)

Both articles underscores the need for places of public accommodation to understand their role in providing a consistency of availability to each and every of their customers to the best of their ability.

If you expect to take people’s money and provide them with an experience, a good or a service, you must best do your best to provide everyone equal access.

The ADA Compliance Takeaway

At this point, you should begin to understand what ‘accessiblity’ means.

This is a far cry from the standard ‘I can fit a wheelchair through my door therefore I am ADA compliant’.

ADA Compliance means that you’ve taken the time and effort to consider and provide equal access to each customer who comes through your door.  ADA Compliance means taking the time and money to hire ADA Experts and implemented the changes they’ve recommended, not just in terms of your physical site, but also how you do business and communicate with your customers.

You can start by checking out the California Relay Service so you can at least talk to customers on the phone whom you may have trouble understanding.  It’s a free service by the state of California available to have a communication assistant coordinate from text to speech, speech to speech, speech to text, and so on.  Please take a look, and train your receptionist on it too!

For additional questions and comments, you can email me at help@ytaccess.com or call 866 982 3212.

This article from facilitiesnet.com which is geared towards property managers is a short article on ADA compliance.  The most interesting point, I thought, was that for ADA compliance should be proactive because waiting for a lawsuit to be filed could mean that a manager would lose control over the process.

The issue of accessibility is never too far from the minds of maintenance and engineering managers in institutional and commercial facilities. But mid-March 2011 is among the most important moments related to this issue in the last two decades.

Why? Long-awaited final regulations revising existing laws from the U.S. Department of Justice under the Americans with Disabilities Act (ADA), including its ADA Standards for Accessible Design, became effective March 15, 2011.

Joan Stein, president and CEO of Accessibility Development Associates, presented a session on the impact of the new ADA regulations at the recent NFMT Conference and Expo in Baltimore. Attendees learned about some important provisions of the new regulations, as well as the ongoing need to properly address access to their facilities.

You can read the complete article directly here: ADA Compliance Requires a Proactive Approach.

This is some useful information from SRS Smith which provides Swimming Pool Equipment.

They are located in Oregon and Tennessee but should be familiar with CA pool laws. Their guides are published and I have linked them below as for the Americans with Disabilities Act (2010), they are useful.

Remember, under the ADA 2010 “safe harbor” does not apply to swimming pools which need to be compliant for the new requirements effective back in Sept 15, 2010.

Accessible Swimming Pool Guide

ADA Swim Equipment Guide

So if you have a pool and any equipment associated with pools, please look at these standards and see if your pool access is ADA compliant. Also you can contact them at http://poollifts.com/contact/ if you have specific Pool Questions!

As always feedback, comment and questions are appreciated.  Call me at 866 982 3212 or email me at help@ytaccess.com.  We want to hear your concerns, thoughts, and feedback!

What do you do when you receive an ADA compliance letter? The general gist is pretty standard:

• Here are some items that are out of compliance
• These laws say you are in violation
• Pay our firm money to settle or we will take you to court

This is a nightmare situation for a small business owner.  You never have the resources to fight this, nor the time to look deeply into it yourself.  You might have heard a few things about this on the news or from your friends.  But you’re not an expert. This situation is bound to give you endless nights tossing and turning, feelings of helplessness, anger and disbelief.  Unfortunately, because of your limited resources, as a small business, you are an easy target for litigants.  So what should you do?

First off, I must offer a disclaimer.

I am not an attorney.

I cannot give you legal advice.  For legal advice, contact an attorney (for attorney info see below at step 1).

The most I can offer here, is our experience dealing with our client’s situations.

This article is meant to help guide you so you can make the right decisions.

Instead of making costly decisions.

What do we see our clients do?

The Situation:

An ADA compliance notice should list areas of deficiency in your facility.  The exact details of the violations are always changing so these letters change too.  But in general they follow the three bullet points above.

In the past, such notices were a cookie-cutter list, some of which were invalid and would get thrown out in court. The few items that stuck would prompt you to settle because even if you fought it, those items are legitimate.  In the eyes of the law, really, the only eyes that do count, being in violation with the requirements of the law mean that you need to pay the settlement and then pay both their attorney and your attorney.

The specific tactics have changed as the laws have changed.  Rather than threatening you with a list, half of which could get thrown out, making them look bad, savvier attorneys may threaten you with one or two very simple but legitimate issues.  Then you’re 100% wrong, and you HAVE TO FIX IT AND PAY.

So before we get to the steps, let’s address two scenarios.  What’s the worst that could happen?

The worst that will come from not following these three steps properly is that you will have to fight and lose a lawsuit and then pay the settlement.

Being sued once, if you didn’t learn your lesson the first time, there’s a good chance you will get sued again.  In fact, you could get sued for the very same issue by someone else while you’re still dealing with your first lawsuit.

This has happened to at least one of our previous clients.  They didn’t just refuse our service after asking about what we do during the initial lawsuit.  (They felt that the lawsuit was unjustified because in their words: “We were sure we didn’t do anything wrong.”) They were so emotionally distraught that just talking about the issue caused them to vent at us as though we brought it on them. They didn’t just not hire us, they also refused to hire ANYONE. In fact they refused to DO ANYTHING, as though their stubbornness would make the situation go away. Unfortunately, it did not.

It took them two lawsuits which they both settled before they hired us.

In a different situation, a quasi-government entity had me do an ADA compliance study. The laws yielded them some results which we presented. For what ever reason, this entity decided that an alternate construction was the most cost effective solution, despite our best efforts to warn them that this “solution” broke other laws.

They then got sued by someone else for their brand new construction.

Don’t be stubborn. Compliance is compliance. If you don’t hire us at least follow these steps, get an attorney and then get an ADA expert to study your site.

The Absolute BEST thing you can do to avoid such a letter is to be compliant.  Since the savvier attorneys who litigate such causes have been sending out ADA experts to measure and document violations, your best bet is to become ADA compliant.  You can do this a variety of ways.  You could hire ADA consultants like ourselves, or you could try and do it yourself.  Both options are presented here:

ADA Consultation Guide: What we do and where you can go to learn

Baring that, if you do have such a letter, let me emphasize a few things.

There are three steps to take.

Only three.   Sounds simple enough?  READ ON!

Step 1. The most important thing is to answer the letter.

I cannot emphasize this enough.

If you ignore the letter, in 90 days you will probably be sued in court.  Do NOT throw away the letter. Throwing the letter away or ignoring it, or pretending you didn’t get it compounds the problem, so that not only did you violate the ADA (thereby committing under the Unruh Civil Rights Act, making your violations an act of discrimination) but you also don’t show good faith.  Intention does not matter.  Your recorded, documentable actions do matter.  They matter a great deal.  Ignorance is not an excuse, it’s nearly an admission that you did something wrong, by not being responsible and not doing what you should have done in the first place.

You must be a responsible.

Doing otherwise only weakens your position.

So how do you answer it?  You can write the letter yourself, or you can hire an ADA experienced attorney.  We would recommend the individuals mentioned here:

Frank Chen

Matthew Norris

Both of these attorneys are experienced with handling ADA cases.

Even if you write the letter yourself, we still recommend that you hire an ADA consultant.  An attorney by the very nature of their trade can only help you AFTER YOU ARE SUED.  To prevent being sued in the first place, you should become ADA compliant.

Step 2. Get an ADA Compliance Survey

This step seems like a no-brainer.  But you wouldn’t believe the number of people who email or call and insist that their store is compliant because we have wheelchair users come in all the time!

This claim is the equivalent to a business addressing a lawsuit from one of their employees by claiming that their business is compliant because the other employees did not also sue.  This isn’t a defensible position as people don’t have to sue if they don’t want to.  Rather than argue with this excuse, businesses must understand, like it or not, if you open a business, you must follow the letter of the law.

If anything, getting an ADA expert who look at your site to verify the claims is one possible way to get around the problem.  Remember, they are suing you, so the burden of proof is on their side.

You must get the facts.  ADA violations are very dependent on specific measurements.  After all it’s the specific measurements which have gotten tens of thousands of small businesses in trouble.

If this litigant is new to this field, they could have made some errors somewhere, such as claiming that van parking cannot be shared with other access aisles.  We’ve helped attorneys with this.  The intermix of California Building Code and ADA Access Guidelines with the different standards and continuing discussion is very confusing, even to some professionals.  Many websites contain faulty information, or outdated information as do many ADA guidebooks.  A plaintiff new to this field might try to sue you for something that you aren’t required to do.

So getting an expert to verify the claims and then having your attorney talk to their attorney is the best way to resolve this issue.

What kind of expert should you get?  The highest license available on ADA expertise (in fact the only one) is called CASp.  You can read about it here.

ADA Compliance: Why CASp?

The (inexpensive) Cost of ADA Compliance

At the point you should understand that step 2 by itself won’t solve the issue.  You MUST FIX THE VIOLATIONS.  No survey, not even a CASp inspection will solve ADA violations by itself.  You must actively address the issues.  Which brings us to Step 3.

Step 3. Remediate the ADA Violations

So now you have the ADA violations in hand.  What then?  When following up with clients, we always astounded to hear that they did nothing with our report.  Or they gave it to a contractor who took the report away and never returned.  Maybe I should stop being so surprised.

Ideally, this step should have occurred first.

Doing Step 3 before any notice is received will PREVENT LAWSUITS IN THE FIRST PLACE.

Most lawsuits that happen ask for settlement money, looking for the simplest violations.  These are the most egregious because not repairing items that could be easily dealt with shows a lack of good faith.  In fact, such violations demonstrate negligence on the part of ignorant businesses.  The best thing to do then, is to remove that ignorance and do your best to comply with the law.

This doesn’t mean you have to fix everything.  Many of the items are of small expensive.

For instance, insulating pipes could cost as little as 30 dollars.  But buying the proper insulation and not addressing the hot water pipes even if you wrapped the drain, is a problem.  I’ve seen pipes wrapped in duct tape and packing foam.  Is that insulating?  After a while, these things get dirty, get torn off and look awful.  Is that really a solution in the long run?  (Incidentally, Here is a website that sells pipe insulation materials: Plumberex, ADA compliant Solutions.  We met them at a disabilities trade-show last year.)

But insulation as duct tape and foam… that’s something for the courts to decide.  Which may save you 30 dollars, perhaps, but it is grounds for a potential lawsuit.

But wait, why are you trying to save $30 when a lawsuit will cost you thousands?  Aren’t you complying to avoid a lawsuit in the first place?

Best to understand what the law is, and then exceed the letter of the law.

ADA Compliance Takeaway

So okay, the steps are short enough for a blog article.

But step 3 can take some time.  If you don’t have sole responsibility for your parking lot, you may have to talk with your property manager.  I cover those issues above in a link, but I’ll link it again: The (inexpensive) Cost of ADA Compliance

So compliance can take some time.  If you are sued, your number one priority should be to hire an attorney, or at least talk to a knowledgeable one.  We work with attorneys, give us a call we can introduce you to some experienced attorneys.

But the urgency of being in a lawsuit situation aside,  obviously education is the way to understand your legal liability.  Step 3 is the only step that will prevent future lawsuits.

To tell you the truth, it’s often too late to do anything but settle after you are sued.  A violation is in fact a violation. Preventive measures can only happen before a lawsuit.

Obviously then, education is the key.

Compliance is the solution.

But as many small businesses have discovered, compliance requires special knowledge.  Doing your taxes isn’t that easy, and doing a business’s taxes requires quite a bit of commitment upfront and on-going.

So why not hire a good CPA?

It takes architects about 3 months to learn all about the ADA, the different laws and so on.  The problem isn’t the specific building code (although all those numbers can be confusing), it’s all the legality that surrounds it.  And of course, they also need real world experience.

For someone with no experience in this field, it will take them about 6 months before they become able to inspect properties on their own.  At least a year before they can begin to advise people on what to do.  So why wait a year and spend all that effort to save several hundred dollars? Why not hire a good and experienced ADA expert?

Best to get that exposure report right away.

Thoughts?  Questions?  Comment below for feedback, or for more immediate and confidential assistance, call 866 982 3212 or email us at help@ytaccess.com

As promised, the Department of Justice has posted an ADA Primer for Small Businesses.

This document explains many of the confusing requirements that the ADA has in addition to building code like requirements.  Basically, the safe harbor for older ADA compliance with 1990 standards is an option for businesses wanting to comply with the ADA up until March 15, 2012.  The safe harbor applies to elements on a case by case basis.

After March 15, 2012 businesses WILL NO LONGER HAVE THE OPTION as to which standard they want to comply to.  So if an older standard is easier to achieve, that option will no longer be available after March 15, 2012.  You will have to comply with the 2010 ADA standards.

If you’ve been following us on this blog or if you have been to one of our ADA Seminars on ADA Compliance then you understand that the majority of places of public accommodation are in fact not compliant with even the older ADA 1990 standards.

In  many cases, older standards can be more stringent.  For example, the ADA of 2010 allows some tolerances for the centerline position of toilets.  If you are in California, this might make a difference, or it might not as the California Building Code still applies.

Many of the issues in the PDF affect issues of policy, for instance

• Braille Menus or readers must be required
• Service Animals are now defined solely as Dogs (except in one particular case, miniature horses)
• Communication with Customers must be readily available in NON-Verbal Exchanges

These are the main requirements.  As always, readily achievable barrier removal must be performed whenever possible.  A few examples of these include

• Lowered Counters
• Clear floor space underneath controls
• Steps at the Main Entrance
• Installing Amenities and Grab bars in the Restrooms
• Many Parking Accessibility Issues

We will example some of these in details in later articles.  For now, though you should look at the PDF.  Also be aware that the safe harbor does not apply in cases like

• Accessible Showers
• Saunas
• Residential Facilities
• Play Areas
• Swimming Pools

There are many more requirements, but if you are an average business owner than you are probably not effected by these.

For now though, this ends the summation of this guide.  The link again, is here: http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm#policies

As always if you have any comments, questions or concerns feel free to call us at 866 982 3212 x1 or email us at help@ytaccess.com

For those of you who don’t know, CASp stands for Certified Access Specialist. The short version of this history is that the California Senate passed a bill, SB 1608, which altered the nature of ADA compliance requirements for businesses.  This was an ambitious bill, pushed forward mainly by the California Chamber of Commerce.  SB 1608 has far reaching effects.  This article discusses some of the benefits of SB 1608 weighed against some of the added liabilities for business owners.

If you want a more detailed history of SB 1608, you can go to the California Chamber of Commerce ADA Reform page.  We’ve extracted some of the key points from their website, as they are quite broad of this lobbying effort.

I assume that you’re a business owner.  If you aren’t, then you’re probably either an attorney, a contractor or an architect (or an activist).  Either way, you’re interested in how SB 1608 impacts businesses, places of public accommodation as defined under Title 3 of the ADA.

Let’s start with the liabilities.  Understanding the benefits are less meaningful if you don’t know the liabilities.

I assume you’re already familiar with the responsibilities of ADA Compliance at your place of business. Basically, your business must work towards becoming 100% ADA Compliant.  There are a few things to consider in the course of this, like what kind of ADA inspection do you want to get, or when you will fix certain items.  Otherwise, the liabilities listed here are what CASp adds to your responsibility.  It’s important to note that ADA inspections are only the first step towards ADA Compliance.  An inspection, not even a CASp inpsection by itself, does ANYTHING to subtract from your duties to comply with the law.  What a complete ADA inspection does, is demonstrate good faith effort.  Inspections also are useful for contractors and architects who are not generally well versed in ADA compliance.

Liabilities of CASp Inspections

CASp and SB 1608 was passed only to protect businesses interested in ADA Compliance.  There are two main considerations.

1. A CASp inspection requires that a timeline be implemented as to when items are to be made in compliance.  There are no standard guidelines for how to assess this — as such a timeline is largely dependent on the financial resources of the entity in question.  This means that any CASp inspector needs to work with the entity in determining an accurate guide as to when items should be fixed.

If the timeline is too strict, the entity may fall behind fixing these items and in the case of an ADA lawsuit, the entity will look faulty.

If the timeline is too lax, in the case of an ADA lawsuit, the entity could have fixed certain times and remained needlessly liable for that time.

Remember the point of CASp is to become ADA compliant.  If you get a CASp Report and then do nothing, you will become more liable over time.  If you display the CASp certification, considering no one else has one, you’ll probably deter ADA lawsuits for a time.  After a time, having the CASp certification with obvious ADA violations will get you sued.  Then you’ll look extremely worse in court for not complying at all.

2.  CASp can be quite expensive, because of the added liabilities to the CASp Inspector in determining the timeline.  The average cost of CASp is $2400.

3. This is not a liability, but it is worth mentioning:  CASp goes into effect only if the site is sued AFTER getting a CASp inspection.  No protection is offered retroactively.

4. A CASp licensed individual is required to be included in building departments.  The original time line stated that such an individual was to be included as of July in 2010, but this date has been moved into 2014.  CASp is meant to bridge State Building Code and ADA guidelines, as most contractors and architects are not well versed in Federal Civil Code.  While having a CASp individual does not offer a significant benefit, as local ordnances only have jurisdiction over State law, not Federal Civil Law.  A CASp individual in the local building department is a resource to local businesses but as a state employee such an individual is limited to advising about the State regulations.  If you want the benefits of CASp, you’d still have to hire them outside of their normal building department job and pay them the required amount.

Advantages of CASp

The California Chamber of Commerce has listed 10 benefits of SB 1608 for businesses.  We have divided these benefits into two groups, for those who get CASp and everyone else.  This is the first section.

1.  Part of the fear of ADA compliance is the cost.  CASp helps a business focus on what they can pay for.  Remember, the timeline is there to help businesses comply within a reasonable time frame.  If a CASp inspector understands approximately how much a business can afford for ADA compliance per month, the cost of compliance can be spread out over time to achieve 100% ADA Compliance.

2.  CASp certification is offered for all sites, even if they are not yet compliant.  This certification can be posted on a store window to deter litigants looking for an easy target.

3. CASp tries to help businesses avoid expensive lawsuits.  To this end, CASp allows businesses to request a 90 day stay.  This means that opposing attorney can’t rack up expensive attorney fees during discovery, while you decide what to do (accept their settlement or not).

Benefits of SB 1608

The effects of SB 1608 offer several included benefits for business owners whether they get CASp inspected or not.

1. Litigating attorneys who demand money must also include a statement advising the business what their rights are.  So if you haven’t got CASp, you won’t be able to request the 90 day stay.

2.  SB 1608 limits the amount of the damages to $4,000 per visit.  Furthermore these damages must be related to the plaintiff and explained how they injure the plaintiff.  For example, having detectable warnings helps protect those who are legally blind.  Someone in a wheelchair probably won’t be able to sue for a lack of them.  Grab bars would effect such a plaintiff, however, so they will be able to make a complaint about that.

3. A clause is included in SB 1608 to help lessen the attorney’s fees in a settlement.

4. CASp individuals are going to be more common, at least loosely tied to local building deparments (see item #4 under liabilities of CASp).

5. Architects and contractors will be required to learn about the ADA as part of their continuing education so they can be at least aware of what they don’t know.

6. A State Commission is formed to help interface the Disabled Rights and interests of Building Departments.

7. Cal Chambers also lists “new deadlines” for State building code compliance with ADA requirements.  The Division State Architect was already doing this with the Department of Justice.  It’s important though, to have a codified process as the building code is updated every three years.  The ADA is also updated but less frequently.

Consequences of CASp and SB 1608

CalChambers does recognize the need for some coordination between advocacy groups and the interests of the status quo, but as a business organization, they tend to lean towards the interests of big business.  Much of what SB 1608 does is to help entities that have cash take advantage of SB 1608′s lowering of the cost of lawsuits.  Smaller businesses that do not have funds must rely on pressuring larger property management firms to help with the cost of ADA compliance.

It’s also important to note that CASp cannot stop lawsuits, they can only help make the process more difficult for litigants. One of the long term consequences of CASp is that as businesses get CASp certification, those who do not have it, or cannot afford it will face a steeper battle as they become easier targets for litigation.

Add onto this that the Unruh Civil Rights Act defines violations of the ADA as acts of discrimination — this verbage has not changed.  Intention is unimportant to this ruling, as proven in so many court cases.  Businesses that do not comply with the ADA regardless of getting CASp or not still carry the steep fines associated with acts of discrimination — $4,000.

This heavy responsibility is to be sure, mostly on businesses right now.  CalChambers and other business groups are bound to spread this liability to other responsible parties, such as architects, contractors and Real Estate Agents.  So it’s important that all responsible parties with an interest in a place of public accommodation help make their site ADA compliant,

ADA Reform however, is not finished.  Much of SB 1608 mentions benefits to business — offering little or no compensation for the rights of the disabled.  You can be sure there will be an increased effort of disabled advocates to have their say as well.

All this should be considered in getting an CASp inspection.  For a more of a fiscal view of how to balance these responsibilities with ADA compliance take a look here:

How to put a price tag on your liability.

If you’ve decided that getting an ADA compliance report is for you, congratulations.  Our ADA Consulting Services.

If you have questions or concerns call us at 866 982 3212 extension 1!  Or email us at help@ytaccess.com.  Our advice is always free.

ADA Compliance Means Policy Needs to be Compliant too!

Take a look at Rule 6. It includes the text “SELF-PROPELLED VEHICLES PROHIBITED.” Does that include powered wheelchairs? It’s important to be careful with your signs, printed materials, and policies. Discriminiatory verbage hurts your loyal customers — even if they’re too polite or shy to say anything — and can make you look very bad should you ever get sued.

Anyone who does an ADA inspection, especially for Facilities under Title 2 (government) for a full ADA transition plan needs to have their policy looked at! Remember, the ADA also has Title 1 which covers employees. (Any good HR firm, or consultant can advise you on this.) But in terms of access to goods and services you need an experienced ADA consultant to look through your policies. If your consultant thinks that walking through a court house or police station with a tape measure is all it takes, then you need a better ADA consultant, one that won’t get you into a lawsuit.

Have any questions? Call us at 866 982 3212 x2 or email us at help@ytaccess.com

If you want to look directly at what our services cost, or for further information on the topic, you can go to these official ADA sites.