There’s some large confusion as to whether or not HOAs are required by the ADA to provide accommodations.

The logic that follows is simply this:

The Americans with Disabilities Act (ADA) is Civil Law that requires that places of public accommodation provide reasonable accommodations so as to allow members of the public to have access to all goods and services. The ADA is not building code and cannot be grandfathered in that way.

Home Owner Associations are in general, private entities, but may have areas that are open to the public. For example, a pool that is open to the public (but charges), guest parking, a leasing office or rooms that can be rented for are all areas that are public accommodations. Those areas definitely fall under the auspices of the ADA.

This does not mean that HOAs are exempt from the ADA however. For areas that are the exclusive use of a tenant, those areas must be allowed to be made accessible by the tenant for their own disability which includes entering and exiting a building.

Additionally, should the HOA remodel, or upgrade any of their areas, local building code would apply. For California, this definitely means Chapter 11A (which has disability requirements — causing the ADA to kick in).

This area of law does get trickier as local ordinances and other state specific laws come into play. Overall, our recommendation is that an HOA should become accessible whenever possible, to help their aging residents and avoid future litigation issues.

Unfortunately, many HOAs seem to think that resident accessibility is cosmetic or somehow not applicable to them. Some interesting links here include a story about an HOA that seems to think it doesn’t need to allow for easy ingress and egress for their residents:

AURORA, Colo. — A fight over a wheelchair ramp is pitting neighbor against neighbor at an Aurora condo complex.

69-year-old Charlotte Vaile rented the ramps with her own money after the elevator at the Bayberry Condo complex broke down, “because I can’t get in and out of the building,” she said.

Charlotte says she asked the HOA for permission to install the ramp, but the board didn’t get back to her right away.

Once the ramp was installed, the HOA promptly took it down. A board member told Charlotte the building does not have to comply with the American’s with disabilities Act because it was built before the law took effect.

Charlotte called the Aurora Fire department, and they put the ramp back up.

But the HOA is now refusing to make the 2nd and 3rd floors accessible to several other disabled people who live there.

Cathi Fort is also a disabled vet, and she lives on the 2nd floor. She told FOX31 Denver, “I feel like I’m a prisoner in my own home.”

FOX31 contacted the Bayberry Condo Association President and we were referred to the president of the property management company.

Lynda Reifman said the board “took the ramp down because they wanted the opportunity to review Charlotte’s request before she put it up.”

And when we asked Reifman what would happen to the other disabled if there was a fire in the building, she said, “the fire department will get them out, that’s their job.

If you want further resources regarding one law firm’s grasp of the ADA as it applies to HOAs, you can turn here.

The Americans with Disabilities Act and Accommodating the Disabled.

So the Takeaway from all this is that if you are an HOA be very careful.  You must not deny your tenants safe access in and out of their residences.

You could be a place of public accommodation have then you have to comply ASAP!

If you are fairly certain you’re not, also be careful, because your residents could at any point have a medical need for a ramp, or some other accommodation.  It’s of course better to become accessible, even if you don’t think you are — for future (and present) liability but if you choose to do work, that also could trigger the ADA.

You may be required to set aside an additional 20% of your budget just for ADA upgrades.

If you are an HOA or part of an HOA and have questions as to the applicability of the ADA, please contact an attorney. In general, if you take money from your residents you must consider their current and future needs (hint: egress and ingress are far more important than comestics).  Also, always also get a licensed and bonded contractor to do accessibility work — as many contractors aren’t always familiar with this area of law. If you have any questions for us, you can contact me at help@ytaccess.com or 866 982 3212.

Here is a very interesting story about service animals and places of public accommodation:

Christy Gardner, who was a driven athlete at Edward Little High School in Auburn and at Long Island College in New York, found basic training at Fort Leonard Wood a breeze.

She cruised through military police training before being deployed to the demilitarized zone between North Korea and South Korea.

But she suffered a traumatic brain injury during police operations there, and even the most basic tasks became challenging, even dangerous. “My medical records said I was not allowed to bathe alone, in case I had a seizure,” said Gardner, 28.

With brain damage that makes her prone to terrible seizures, Gardner lays credits for her ability to live alone squarely at the four furry feet of her golden retriever, Moxie.

Moxie, a service dog, can sense her owner’s grand mal seizures 10 minutes before they hit, and warn her to sit on the ground so she doesn’t injure herself falling.

Moxie can pull blankets off Gardner so she doesn’t choke during a seizure in bed, and is trained to roll her on her side and dial 911 on a special, large-button cell phone. She even can open the door, run to a neighbor’s home and ring the doorbell for help in an emergency.

So Gardner was startled when she entered a Portland convenience store last summer to get Moxie some water and the owner ordered them to leave, then walked toward them, his hands outstretched, to herd them from the store.

Gardner was frightened, mostly for Moxie. “If something happened to her physically, I have to find a live-in nurse or I have to live in a (nursing) home,” Gardner said.

You can read more from The Portland Press Herald. I sourced it from this Twitter: Service Dog Registry of the United States.

EDIT:

An additional story:

An Aurora man has sued the International House of Pancakes, saying employees at the popular breakfast restaurant discriminated against him because he uses a service dog.

The suit, filed in Kane County Court, alleges that Ricky Lee Schopp went to the IHOP restaurant on Augusta Way in Aurora on June 30, 2009, with his mother and his service dog, Phato. Schopp is paralyzed from the waist down and uses a wheelchair. Phato, a Labrador retriever, helps with certain skills, like opening doors.

At first, Schopp, his mother and the dog were seated at a table by the IHOP hostess, the suit says. However, not long after they sat down, an IHOP employee demanded they move to a different section of the restaurant that had no other customers, forcing them to eat alone, the suit says. The employee said the reason for the changing tables was that Schopp had a dog with him.

After being informed that it was a service dog, the employee still insisted they move or leave the restaurant, the suit alleges. Schopp chose to leave the restaurant.

You can also read this additional story of a Man from Aurora suing an IHOP for the same denial of service From: the Beacon News.

Service Dog Registry is a volunteer registry for Service Animals. It is NOT required. For more information about Service Dogs you can turn to United States Service Dog Registry.

Any questions about accessibility in general, feel free to call 866 982 3212 and help@ytaccess.com.

Signage is one of the “Readily Achievable” statuses under ADA Accommodation. Basically, this means that you should be able to afford to achieve this ADA Accommodation. (For further detail see here: ADA Accommodation Cost.) Signage is also one of the most least understood ADA Accommodations.

ADA Requirements for Signage:

While there are many different requirements for when signs should be placed, here are some general guidelines.

• Signage should be placed when there are multiple paths of travel or when points of destination (such as main entrance) is unclear.  The pedestrian circulation path should coincide with the accessible route.  So directional signage from the accessible parking to the main entrance, or from an assembly area to a restroom are prime candidates for adding signage.  We’ve all had problems locating where the restrooms or where a main entrance is, but that problem can become compounded if you are mobility impaired.
• Directional signage is not required to have Braille.  But signage to permanent rooms and locations should have signage.  Braille should be Grade 2 Braille.   So Braille signage must be present for stairs, elevators and rooms.
• Braille signage must be accompanied by raised lettering.  This means that if it says “Room 32″ then the lettering for “Room 32″ must be raised.
• The Braille for signage must not be located where there is danger.  If someone is reading the braille but the sign is in the door swing, that’s a problem.  Someone reading the sign could be hit by the door.  The ADA 2010 has the added requirements for the placement of the signs to clarify the unclear 1990 requirements.  Placement of the signs include 48-60 inches on center above the finished floor measured from the highest tactile character and centered a minimum of 9 inches from the door swing.  In California, there are requirements for restroom signs to be placed additionally on the door.  These signs must not have Braille on the swing-side of the door.  (ADA Accommodation for Restroom Signs in California)
• The contrasting color requirements for the signs apply not only to the differences between the background of the sign and the lettering of the sign but also between the sign and the wall color.  Blending the sign into the wall does not make for accessible signage.  Likewise, reflective or semi-reflective signs are non-compliant.  We mention that also here:  ADA Accommodations #2:  Restrooms
• There are added requirements for the proportions and spacing of each of the elements in the sign so be sure to check for these specific requirements.  For instance, elevator signage must be a minimumm of 2″ high for the jambs.

Discussion of ADA Accommodations

Sign Picture #1: Visibility

This picture is of a parking sign.  While required at parking spaces, this sign is both too low for the ADA requirements (which want a minimum height of 60 inches for all head parking signs), and this sign is not easily visible, as the plants around it partially cover the sign.  Where plants and signs are concerned, all signage should be easily visible.  This means that it is visible from the general circulation path, either of vehicles (if the sign is for drivers) or for pedestrians (if the sign is for pedestrians).  The ADA has the additional requirement that the parking head signs be visible to on-coming drivers seated on the driver’s seat.  (This means that the sign can’t be too high).

While there is no requirement for the maximum height of signage, the California Building Code (CBC) has the additional requirement that if in the circulation path, the head parking sign must be a minimum of 80 inches high as measured to the bottom of the sign.  So this California code requirement does not apply if the sign is wall mounted.  What this means is that if the parking warning sign (under CBC 1129B.4) is post mounted in the circulation path, it must have the lowest edge at 80 inches high from the path.  If this sign is on the wall, it may be less than the 60 inches required by the ADA, as it is not required by Federal law to be there.

Sign Picture #2 & #3: Latch side Signage and attending clear floor space

The latch side of a door is the side of the door where the handle is.  On that side, there must be a sign to designate that space if it is a permanent room or space.  So for an office, as the offices are numbered, there should be a sign present with raised letters and braille.  That sign must be of contrasting color.  Restrooms also must have a six by six area for a pictogram on this sign with an icon for mens, womens, unisex or family.  There is an additional requirement for clear floor space of 18 inches centered under this latch side sign.

This second picture does not have that latch side sign, it only has the California door sign required by the CBC.  By the looks of the drinking fountain, this door also would not have the clear floor space of 18 inches unless they removed the drinking fountain.

Likewise, this third picture violates the latch side sign height requirement and the floor clearance requirement.  There is a stool in the clear floor space.  The stool could be easily removed, and should be, as it is a barrier.

Additionally, the placement of the latch side sign as being so close to the door creates a hazard as someone who is reading the sign could be hit by the door swing. The 1990 ADA standards were unclear as to how far the sign should be from the door — the verbiage stated that the sign should be placed so that the door swing would be at least 3 inches from someone reading the door. At its current location, this would not be the case. This sign should be re-mounted so as to be a minimum of 9 inches centered from the door.

Sign Picture #4 & #5: Parking Warning Sign Visibility

In California, this sign is required either at the head of each accessible parking space or at every entrance to the parking lot. We had a client recently ask us if it was okay to mix and match. Mixing and matching isn’t addressed by the code but the principle behind this sign should be that a driver should have to encounter this sign on her way to park — and be warned that if she parked in the parking space reserved for the disabled she better have the proper disabled placard.

So placing the sign on a pole that isn’t even remotely close to the parking lot entrance, or placing the sign in such a way that it faces the wrong way defeats the purpose of presenting the sign to drivers. Likewise, in this photo allowing graffiti to be plastered all over the sign, or allowing the graffiti and stickers to persist on the sign makes a business liable for a lawsuit. (This sign must also be filled out with the telephone number to retrieve the car, or the tow-lot/police station to be fully compliant.)

As a stronger statement about signage is that it must be clearly visible. If the sign is damaged, turned the wrong way as in sign #5 (it’s not facing on-coming drivers, as it’s facing away from the street) then that facility is liable for not being in compliance.

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.

Through Overlawyered.com comes this article from the California Civil Justice Blog.

Cities can worry a little bit less about unexpected litigation costs in their already-strained budgets after a federal court ruling at the end of March ended a 14-year dispute over street curbs and sidewalks in Riverside, CA. A Riverside man named John Lonberg, who uses a wheelchair, first sued the city in 1997 claiming its curbs were sloped too high and lacked dividers to allow disabled access. In the latest ruling, U.S. District Judge R. Gary Klausner ruled Lonberg had failed to demonstrate that Riverside as a whole is inaccessible to the disabled. A ruling in favor of Lonberg could have meant millions of dollars in liability for mandatory modifications.

Riverside’s City Attorney, Greg Priamos, was quoted in the Daily Journal saying the suit was “about money, not accessibility…The only hangup to a settlement earlier in the case was the amount of attorney’s fees. I’m offended by that.”

The lead counsel for Riverside, Greg Hurley, added, “Had Lonberg prevailed, there would have been an avalanche of lawsuits, because no city in the U.S. is totally accessible.”

Read more on the details of the case in the Riverside Press-Enterprise and Daily Journal (subscription required). Note the millions Riverside has spent over the past ten years to resolve the vast majority of its handicapped access issues, and the $221,000 Lonberg received in 2007.

The basic takeaway here, is that Riverside saved by this last judgement. By needing to prove that an entire city is not accessible, cities may be saved from an “avalanche of lawsuits”.

Nonetheless, entities in charge of public right of way should be aware that the ADA applies to them as Federal Civil Rights Law — requiring them to update their sidewalks even if their sidewalks preexist the ADA [New Jersey Protection and Advocacy, Inc. v. Township of Riverside, 2006 WL 2226332 (D.N.J.))].

This issue will be compounded in the near future when the access board, which is quasi-Federal agency to determine accessibility standards, is working on a Public Right of Way Accessibility Guidelines. Once this becomes law, you can be sure there will be a ton of lawsuits to follow as these guidelines explicitly apply to municipalities.

And of course, it’s been proven over and over that businesses are liable since the ADA has requirements that businesses must follow. As the economy gets worse, more and more people will be tempted by this on-going series of ADA lawsuits… so the avalanche for more businesses to get sued is bound to rise even more.

So GET COMPLIANT, either from us or from someone else.

Contact us for questions at 866 982 3212 or email us at help@ytaccess.com.

We are presenting a joint presentation at the Seal Beach Chamber of Commerce and the Orange County Business Service Center on

Wednesday, May 18, 2011 from 11:30AM to 2PM

The event is free.

The speakers will be our own David Marshall, Frank W. Chen, Esquire and Yung Kao, AIA, CBO, CASp

The point of the presentation is to answer questions about the ADA, ADA liability as it pertains to businesses, contractors and architects.

Who is liable?  Who is responsible for providing accommodations and what can you do to mitigate your risk of a lawsuit by providing the PROPER compliance?

We will answer all your questions.

We will be at the Conference Room, Orange County Fire Authority Station #48

3131 N Gate Road, Seal Beach, CA 90740

RSVP to

Orange County Business Service Center

(714) 241 4963

Audrey@ocwibpropathinc.com

Links to PDF flyers are here:

EDGE Flyer-General 2011

EDGE Flyer-ADA 2011

EDGE Flyer 2011

See you there!

Recently the Equals Rights Center launched a campaign to try and educate the public about what ADA Accommodations means.  They have a series of photographs depicting violations, the idea being that you can look at these photos and guess at what constitutes a violation.  They explain what is a violation in each of these images.

This campaign is in line with our mission statement as a company.

We are of course, contributors to their content.

I have quoted the campaign below.

WASHINGTON, D.C., April 12, 2011 – The Equal Rights Center (ERC), a national non-profit civil rights organization, and the D.C. Office of Human Rights, an agency of the District of Columbia government that seeks to eradicate discrimination, have launched a new multi-faceted campaign, “what is WRONG with these pictures?”

“One in five people in the United States have a disability, yet there is still a great lack of awareness when it comes to what exactly is accessible and what is not,” explained Leah Maddox, ERC Communications and Outreach Associate. “This campaign is a fun and stimulating forum through which people with and without disabilities can learn more about accessibility.”

The PSA campaign uses the website, www.disabilitygame.org, to create an interactive forum for education. The focus of the site is a game in which users are asked to identify physical barriers in real life situations. The photographs present a range of barriers; both easily recognized ones – such as a step in front of a doorway – and those many may not be so familiar – such as a round doorknob.

The tools presented on the site are part of a larger self-advocacy ERC initiative. Robyn Powell, ERC Disability Rights Manager, noted: “It’s important that people with disabilities know how to be their own best advocate. These pictures, and the accessibility information that goes with them, are just the start of that conversation.”

ERC member and campaign contributor Gregory L. Hubert, explained, “Advocacy… is part of the fabric of our family life. Often progress is frustratingly slow, but we know we are making a difference. We have been blessed by the advocacy efforts of those who have gone before us. We honor their efforts by continuing our efforts.”

The website also features the stories of people with disabilities as they encounter accessibility barriers in their daily lives. Jill A. Nerby, ERC member and campaign contributor, said, “By sharing my experiences and successes in my life, I hope to inspire every person with low vision and legal blindness to know that there is hope for the future, ways to overcome challenges, and that by working together, we can make a difference in the lives of many.”

Also featured on the site are quick links to the ERC’s five disability advocacy and self-advocacy toolkits, ways in which anyone can become involved in disability rights, and access to help for those who feel they have experienced discrimination. The campaign includes a two-month roll out on social media sites, and a three month print advertisement campaign.

To view the campaign, visit www.disabilitygame.org.

Original Link here:  http://www.equalrightscenter.org/site/PageServer?pagename=pr_11_04_12

You can go their image library here:   http://www.equalrightscenter.org/site/PageServer?pagename=disabilitygame_image

I invite you to take a look, it’s quite interesting.

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.