Justice Department Reaches Comprehensive Settlement with National Owner of Gas Stations Resolving ADA Claims

You may think that there is no official body that enforces the ADA but there is, although the dragon often sleeps. The ADA isn’t enforced just by individuals in lawsuits, but also by the Department of Justice. Recently the DOJ has reached a settlement with QuikTrip…

WASHINGTON – The Justice Department today announced a comprehensive settlement under the Americans with Disabilities Act (ADA) with QuikTrip Corporation, a private company that owns and operates more than 550 gas stations, convenience stores, travel centers, and truck stops in the Midwest, South and Southwestern United States. Under the consent decree, which was filed today along with a complaint in the U.S. District Court for the District of Nebraska, QuikTrip will create a $1.5 million compensatory damages fund for individuals who were victims of discrimination based on disability, as well as take various steps to make its stores accessible.

Read more on the details of the ADA Settlement

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The American Disabilities Act, and a Fall That Opened My Eyes

His comment reveals something profound about the way we view disabilities in this country: Disability is seen as a private matter, a personal problem that a disabled individual struggles to negotiate in a world of “normal” people, rather than a social or political issue.

From a very young age, Adam intuited that it would be better for him to obscure his ailment than report it, risking the marginalization that might result. Hiding it until he physically couldn’t seemed the best way to protect his normality.

As he grew and became a man, fully capable of expressing himself in the world, his resolve to keep quiet was only strengthened. Though his physical symptoms had been manifesting for years, they became a “condition” only when others were aware of them, at which point he began to get a complex emotional bundle of pity, sympathy and fear from friends and family.

(Read more on the becoming-public of the ADA)

You can also catch more about what the nature of what it means to have a disability and the notion of “non-disabled” is actually a kind of subset of “disabled”. This term has less to do with interpreting the statement as a prediction that every abled bodied individual will someday become disabled but more

to offer a more inclusive expression that recognizes the diverse spectrum of disabilities, allowing individuals who are able-bodied to identify with the reality that disability affects us all. The term forces able-bodied people to put aside our own fears of becoming disabled, and focus on that which unites rather than separates us as people with a range of experiences and aspirations who face innumerable challenges.

You can read more about temporarily abled bodied here.

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Chipotle deprived disabled of food view

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)

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NEW ADA STANDARDS Signed in by Obama

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

You can see Obama’s speech below:

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

(Obama’s Speech on the ADA continued…)

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

Title 2 ADA regulations for 2010

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

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

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Locked accessible gate?

Locked accessible gate?, originally uploaded by MammonLord.

The marked accessible entrance to this building has a locked gate between the road and the door. The real kicker is that the main entrance is more accessible than this one. It’s yet another example of an incomplete understanding of the law. Clearly the owners “knew” they needed an accessible entrance, but thought it should be separate. It is almost always best to make your main entrance the accessible entry.

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Theme Park for the Disabled: Access is possible

Interesting Article on an accessible theme park.

Those with disabilities are having fun this summer at a new Texas theme park designed with their needs in mind.

Morgan’s Wonderland in San Antonio, the brainchild of the father of a daughter with special needs and billed as the world’s first ultra-accessible family fun park, features rides and attractions easily enjoyed by those in wheelchairs or with cognitive disorders. Admission to the 25-acre park is free for those with cognitive or physical disabilities; family members and friends pay $5 a person. Kids 3 and under are free. Cost for those without a disabled patron in their party is $15. Reservations are required to visit, click here to make them.

The park (its website is morganswonderland.com) includes rides, interactive exhibits, playgrounds, gardens, a fishing lake and amphitheater. It has Braille signage.

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Accessibility Tips 2 of 10: Parking Details

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

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More Businesses Hit with an ADA Lawsuits

If getting an inspection could have helped warn the business. Regular inspections are a necessary part of running a business. About 20 years ago there were no house appraisals. Only a few people did them. Most did not want a house appraisal before they bought the house. Now it’s a regular part of the process of buying or refinancing a house. The same was true for various other inspections as well. Eventually ADA inspections will be part of that process.

There are thousands of these lawsuits. As the word passes more and more individuals might be tempted to test the waters with these suits. Having an ADA appraisal done of your site costs a fraction of a what a lawsuit would cost. A good example would be from one of our clients who informed us that after taxes he made only about 28k a year. The aftermath of the lawsuit cost him 15k — which included the cost of settling, paying for an architect and an attorney. An ADA appraisal would have cost him less than a thousand and prevented attracting a professional litigant.

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Seminars Useful: Clovis Takes Steps to Help Businesses

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…)

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