Alot of what we talk about here revolves around the ADA being a potential tool for certain individuals to hurt businesses. While that may be true, it must not be forgotten that the ADA does much good and helps many people who would otherwise have a worse quality of life. In this way, at least for business owners, being accessible (especially if you’re the only one in town) is GREAT for business.

Hi. I’m Walking Bob and one of the joys of this blog is being able to highlight the people, places and events that make Davis a special place to live. I experienced one of those events, along with about 125 other people, at the July 31 Disability Pride Parade in Central Park, celebrating twenty years of the Americans with Disability Act.

Read more on Disability Pride Parade in Davis, CA

We must also not forget about the challenges which face many of our peers. We may assume in our everyday life that ‘we don’t see people like that’ or ‘people like that never come here’ but ask yourself, do you not see them because they do not exist? Or do you not see them because it’s hard for them to get around so many of them don’t brave the sunlight and the structural, attitudian and architectural barriers which lie around them?

You see, Richard was born without arms or legs. But he never allowed this disability to limit him. From the age of two, when he first began turning pages in books on his own, his commitment to independence has driven his personal and professional life.

Richard’s daily routine isn’t all that different from mine or yours. A video produced during his time at the California Department of Rehabilitation shows how he lives on his own, gets to work, and exercises regularly:

A day in the life of Richard Devylder

A related article, too. The Department of Transportation celebrates 20 years of the ADA.

Chipotle’s experience lets its patrons see the food being prepared. Chipotle Mexican Grill was sued for its counters being too high. The final decision of the lawsuit is below in this article from the San Francisco Chronicle.

On the 20th anniversary of the Americans with Disabilities Act, a federal appeals court said the law entitles wheelchair users at a restaurant to the same view as everyone else of the food that awaits them – in this case, burritos, tacos and the rest of the fare at Chipotle Mexican Grill.

The 45-inch-high wall between the customer line and the food preparation counter at two Chipotle restaurants in San Diego County, which blocked the view of patrons in wheelchairs, violated the 1990 federal law that requires equal treatment of the disabled, the Ninth U.S. Circuit Court of Appeals in San Francisco said Monday.

(Read more on Chipotle’s Counters Block Disabled View of Food)

This is the second video in a series of videos which give access tips. In this video we speak of more specific parking details. It builds on the last video which is about how to decide where to place accessible parking in the first place. Don’t let your business get caught with these liability issues. Access helps everyone!

Stay tuned for more!

For those of you who can’t see embedded videos, here is a short link: Parking Video #2

Seminars on ADA Awareness are useful to help small and local businesses.

From the Business Journal:

Many restaurants, bars, salons and other service businesses overlook a requirement in the Americans with Disabilities Act (ADA) that signs be mounted exactly 60 inches above the ground.

They may also forget that hot water and drainpipes underneath sinks need to be insulated to protect against contact, particularly from those in wheelchairs.

Those are some of the things that were learned at a recent workshop put on by the City of Clovis to help local businesses come into compliance with the 20-year-old law in response to the large number of recent lawsuits.

Around 50 businesses needed the help since San Jose lawyer Randy Moore began targeting the Central Valley around two months ago on behalf of clients. El Gallo restaurant in Clovis, for instance, was forced to close its doors after being penalized up to $88,000 for 22 different violations.

(Continue…)

The following is from The Fresno Bee:

Help is on the way for Clovis business owners who have been sued over violations of the Americans with Disabilities Act. On Monday night, the Clovis City Council approved a package of programs to help them meet state and federal regulations.
The program will allow the city to pay for seminars, inspections and matching loans to help business owners make necessary upgrades.
In the past six months, 45 lawsuits have been filed in federal court, many against Clovis businesses.

(Continued)

Also, from Clovis Independent:

Clovis to use $624,000 in federal grants
A plan to use about $624,000 in federal grant dollars — mostly to meet requirements of the Americans With Disabilities Act — was approved Monday night by the Clovis City Council.

The city’s Community Development Block Grant funding also will be used for affordable housing programs, home renovation projects and a community service officer for the Clovis Police Department primarily for southwest Clovis.

Under federal block grant funding rules, the city must use the money to assist residents in low- and moderate-income communities, prevent or eliminate urban blight and meet urgent needs around the city.

(Continued)

Ralphs Grocery Store is embroiled in a class action suit across California. The suit entails that Ralphs presents architectural barriers which discriminate against individuals with disabilities. Interestingly enough many disabled rights advocates oppose the settlement because it does not ensure that the various architectural barriers will be removed.

Some useful links:

“Ralphs Faces Class Action Over Disabilites Discrimination
A California-wide class action lawsuit has been certified, pursuant to the Americans with Disabilities Act and California State discrimination laws, against Ralphs Groceries of California. The case is Sung Park, et al. v. Ralphs Grocery Company.”
Ralphs Class Action Lawsuit Over Discrimination

Settlement Information:
Settlement of Claims Against Ralphs Grocery Company for Disabled Access

Seven businesses in the Coachella Valley were hit by San Diego resident Roy Gash this spring. Gash is represented by the law firm Pinnock & Wakefield, one of the most litigious firms in all of California in regards to ADA litigation.

Gash’s claims against John’s Restaurant in Palm Desert included an improper disabled parking space, a paper towel dispenser in the men’s room more than 48 inches from the floor, a round instead of lever doorknob on the restroom entrance door and a front counter too high to access. Gash is seeking more than $25,000, attorney’s fees and correction of the alleged violations. Gash’s lawsuit complaint states that he “desires to return to the defendant’s places of business in the immediate future.”

In the article three things are revealed about Pinnock & Wakefield:

1. Almost 2,000 ADA lawsuits have been filed by this firm
2. “Ninety percent of all cases are settled early, because that’s what the court wants,” – Theodore Pinnock
3. The average ADA settlement demand ranges from $4,000 to $7,000. From our own experience, this is true.

Click the link below to read the full article:

Link: The Desert Sun (article, August 9th, 2009)

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

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

link: Law.com

“In the past few months, a rash of ADA accessibility lawsuits has descended on neighborhoods across San Francisco from North Beach to Clement Street, from Polk Street to Geary Boulevard, enraging many local merchants and neighborhood advocates.

“Along with XOX Truffles, at least six other businesses on the same block of Columbus Avenue have been served, including Sushi on North Beach, Italian restaurant Da Flora and the sandwich shop Petite Deli. Last week Ricos, a burrito joint on the same the street, received their summons.

“On Polk Street, Teresa Nittolo, owner of the gift store Molte Cose, said that about ten of the neighboring stores along with her own have been sued.

“Many of these suits have been filed by one of a handful of disabled plaintiffs who are represented by Thomas Frankovich, one of the best known and most controversial ADA accessibility lawyers in California.

“Frankovich told me he doesn’t keep count but he guesses that he’s filed between 1,500 and 1,800 ADA accessibility lawsuits since 1994 and he currently has about 50 active ADA suits in San Francisco. Last year, he was the subject of a San Francisco Weekly cover story “Wheelchairs of Fortune,” detailing his multi-million dollar business in ADA suits. In 2006 he was suspended from filing any more cases in U.S. District Court in Los Angeles for six months after a judge ruled him a vexatious litigant.”

Link: San Francisco Chronicle