Businesses Sued: City of Clovis helps with ADA compliance

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)

May 18, 2010October 29, 2018

ADA Class Action Lawsuit Against Ralphs Grocery Store

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

UPDATE:

Apparently the main website: http://www.ralphscaliforniadisabledaccesssettlement.com/ is no longer online. The organization CDR (Californians for Disability Rights) has posted a link to more information about this. CDR opposes the settlement, so you can be sure there will be more information available from their website, including the names of the plaintiffs and the litigating attorneys.

Ralphs Settlement

May 18, 2010October 29, 2018

20 Years of Americans with Disabilities Act!

The San Francisco Mayor’s Office on Disability and the Independent Living Resource Center San Francisco (ILRCSF) have launched an online campaign to gather support for the celebration of the 20th anniversary of the Americans with Disabilities Act (ADA). In order to gain the support of corporate sponsors we need to demonstrate that there are thousands of people with disabilities in every walk of life. We need to show large numbers in each of the three ways people can show their support which are:

Sign the statement of values at www.itsnormal.org: The statement is: “Disability is a natural part of the human condition. People with disabilities come from all walks of life, in all colors, sizes, genders and ages. Those of us living with disabilities bring something to the table whether it is a fresh perspective, political savviness, indomitable spirit, energizing presence, bold intellect, etc. We contribute to society BECAUSE of who we are. Human difference and diversity enriches community. Disability is not special, it’s just a part of life.”

A flyer for you to use to obtain the support of other organizations is available at: Its Normal Flyer

If you would like to add your organizations logo or to join the blog roll please contact Its Normal Event Administrator

If you use Twitter please follow @itsNormalADA at Twitter page: It’s Normal ADA
If you use Facebook become a fan of the page. It’s Normal: “Celebrating the 20th Anniversary of the ADA” at Facebook page: It’s Normal ADA

We have also started a video competition “Reclaiming Normal” People are encouraged to submit a short video (less than 10 minutes) addressing the statement: “Disability is a NORMAL part of the world we live in.” For information about submissions, due dates and prizes go to: Video Contest Information

We need to have large numbers of people with and without disabilities involved in this campaign. Getting involved is easy. Let’s all join together and show the world how large this community is and that it is time we are members of every community.

May 6, 2010October 29, 2018

ADA Compliance – Wearing Two Hats

By Phillip K. Cha, Esq.

While the ADA imposes legal obligations on a business regarding providing access to the disabled public (usually its customers or clients), it also creates obligations between a business and its disabled employees. While these obligations are addressed in separate sections of the ADA (Title I addresses private employers, whereas Title III addresses public accommodations) and involve different legal issues, there are some significant areas of overlap that should not be ignored. Importantly, the ADA may require that a business take additional steps above and beyond removing access barriers for the public to ensure that its employees also are provided equal access to facilities.

To illustrate, under Title I, an employer is required to provide “reasonable accommodations” to qualified individuals with a disability. The ADA regulations identify various types of reasonable accommodations, including retrofitting, to allow disabled employees to enjoy the same benefits and privileges as those enjoyed by non-disabled employees. Specific examples of reasonable accommodations, much like those that may be required under Title III, include installing wheelchair ramps and proper signage. This requirement applies to both work-related and non-work facilities provided or maintained by the employer for use by employees, including break rooms, restrooms, lunch rooms and training rooms, which might not otherwise be open to the general public.

In light of the interplay between Titles I and III, any ADA compliance plan should account for the company’s obligations as a provider of public accommodations, as well as an employer. Failure to wear both hats in going through this process may expose a business to substantial liability under the ADA and State law.

Phillip K. Cha is a labor and employment law attorney with Swerdlow Florence Sanchez Swerdlow & Wimmer in Beverly Hills, California. If you have any questions about the ADA as it applies to employers, feel free to give Phillip a call at (310) 288-3980 or e-mail him at pcha@swerdlowlaw.com.

May 6, 2010October 29, 2018

May-June 2010: YTA and Frank Chen to Present for Alhambra & Culver City Chambers

Yours Truly Accessibility and Frank Chen of Wasserman, Comden, Casselman & Esensten, L.L.P. will be presenting accessibility-focused seminars for businesses in Southern California.

The first seminar, entitled “ADA! Fear and Truth of Compliance”, will be hosted by the Culver City Chamber of Commerce on Tuesday, May 25, 2010 at the Four Points by Sheraton LA Westside, 5990 Green Valley Circle, Culver City, CA 90230. This “hands-on” seminar includes a delicious buffet lunch. This lunch and seminar is priced at $25.00 with paid reservations for Culver City Chamber members and $35.00 for non members. Payment at the door will be $30.00 and $40.00. To RSVP, contact Barbara Brody at 310-287-3850 or email barbara@culvercitychamber.com.

Note: This first seminar above has been postponed to a later date. The seminar below is still as noted.

The second is a breakfast seminar entitled “How to Accommodate Your Fastest Growing Customer Base: Accessibility Considerations” hosted by the Alhambra Chamber of Commerce on Thursday, June 10, 2010 from 8:00 a.m. to 10:00 a.m. It will be held at Almansor Court, 700 S. Almansor Street, Alhambra, CA 91801. Cost is $20 per person. Reservations can be made by contacting us at (866) 982 – 3212 extension 2 or emailing us at help@accesssolutionllc.com

April 5, 2010October 29, 2018

Is your Site Accessible?

Below is a short quiz (geared for California Access Requirements) that you can take to assess your site’s general accessibility. Be aware that access is determined by far more complicated features.

[quizmaster quiz=1]

January 5, 2010October 29, 2018

Don’t Get Locked Out of Accessibility

One of the most often-overlooked facets of Americans with Disabilities Act (ADA) compliance is the door. While parking, restrooms and signage are all notorious for their complexities, doors remain on top of the list for the California Building Code (CBC) of priorities for removing architectural barriers. This is because while restrooms are often the site of accessibility lawsuits (for reasons we can get into in another article), and parking lots are highly visible, doors are the only architectural barrier which can single-handedly stop someone from entering a site. They can also be a direct source of injury if the door closes too quickly or is so heavy that it pushes one off-balance. Fortunately, it is relatively inexpensive to improve your door’s accessibility, especially considering the benefits that it confers to all of your customers, and even the psychological impression that an easy or difficult entrance to your business can impart.

In general, the path of travel requires what is called a pedestrian envelope. This means that as a person travels through a site (with or without a mobility aid), there needs to be a hazard-free zone surrounding them. Some of these requirements include edge protection, lack of protruding objects, lack of slopes and cross-slopes and clear vertical head-space. What often gets missed is that such requirements also extend through the doorway.

Already the door has many requirements unique to itself as an architectural component. Between the ADA and the CBC there are almost 60 unique facets of a doorway each. But between the two (one a set of civil rights laws with building code, the other a set of building codes), almost 30 (depending on interpretation) of the door requirements are shared. While many of these don’t apply to every door, some common requirements that do apply are to further ensure that the pedestrian envelope continues uninterrupted through the door way.

These requirements don’t include some of the unstated requirements that are because of the pedestrian envelope. Some of these include the door closer height:

Door Closer Above Doorway: Not a Hazard

Door Closer Below Doorway: Possible Hazard

The door closer should always have its equipment above 80 inches. Since commercial doors are often at 80 inches, to have the door closer arm extend under the doorway is a violation of the ADA. While not all commercial doors are required to be accessible, as there can be multiple entrances to an area, or entrances to areas not serving the public within an employee area, doors that are accessible should be marked accessible when there are doors that are not accessible. Thus door closers that go around the door-frame are preferred. Door closers are a requirement for single user restrooms, so pay close attention to them.

Another common requirement for door closers is the closing time. Doors that are self closing, such as those in restroom stalls, are required to take at least 3 seconds to close when held at a 70 degree position [diagram]. Door closers should also be adjusted so as to require less than 5 pounds of pressure.

Along with these height requirements there are also threshold requirements. The ADA and CBC both allow for a maximum threshold height of ½ inches above the landing on either side if the threshold is beveled, ¼ inches if the threshold is not. What is unstated in both and not allowed are horizontal gaps under the doorway of greater than ½ inches measured in the direction of travel.

While the pedestrian envelope constitutes one of the little understood applications of the code to doors, door usage goes beyond the code requirements. Such knowledge requires a grasp of how the principles of the ADA apply to actual individuals using a given door. Door hardware and door latch side clearances are two of such issues.

Door hardware constitutes one of the readily achievable facets of ADA compliance. We are all familiar with the requirements of door usage — single knobs are no longer allowed. What is often missed is the door latch (which in commercial doors can be at the bottom of the door) or the older style thumb-latch door handles. Although not specifically mentioned, the use of a thumb with a pulling motion falls under the rubric of a complex twisting and grasping action which both the ADA and CBC outlaw.

Another set of requirements for the door which presents confusion involves the side clearances at doorways. These clearances are essential to aid individuals using a mobility aid (such as a walker) in operating a door. Wheelchair-using individuals and even parents with children inside strollers require level side clearances so they can get the leverage to pull open a door. This space allows individuals to open the door without the added difficulty of moving backwards to make way for the door swing. There are often a series of solutions that are co-present with solving latch side door clearances. The most expensive but most encompassing is the installation of an automatic door opening device. Alternative fixes would include reversing the door swing or moving it from one side to the other in order to comply with latch side clearances. This of course, relies on knowledge about the local building code requirements on your building and about the different approach requirements to your door way.

Finally, the latch side clearances also constitute a usable space within a path of travel. Often, fire extinguishers are placed there for convenience, blocking usage of that space. Protruding object fire extinguishers can be made to no longer be protruding objects by having the lowest edge mounted below 27 inches, or by placing furniture or detectable warnings under them. But these solutions to removing the hazard of a protruding object would only interfere with the clear floor space, making the door less usage or even unusable for individuals with mobility impairments. Further investigation is required per site.

These are only some of the common considerations for doorway accessibility. Doors are often taken for granted, as people think the width is the only requirement. Doors constitute the single most important architectural barrier as an inaccessible main entrance means that any work done — whether it be with the restroom, the lobby, any common areas or even in the parking lot can become pointless if your customer cannot enter your business in the first place.

Improving the accessibility of your business may seem like an expensive endeavor, but with the right expertise, you can save both time and thousands of dollars from unnecessary construction. Make it easier, not harder, for your customers to come inside to your store. For any questions or assistance in improving your accessibility, call us today at 866-982-3212 or email us at help@accesssolutionllc.com.

For a comprehensive list of applicable ADA/CBC codes, [DDET click here.]

Note: Many of these codes are subject to interpretation and may not reflect the latest versions applicable, especially in the case of official DSA Interpretations or Addendums. ICC/ANSI codes have been omitted. This list does not accurately reflect the full scope of methodology used by YTA and is published for informational purposes only.

CBC		ADA
1133B.1.1.2	This nonaccessible exit does not have a directional sign.
		4.1.2(7)(c)	This entrance is not accessible.
1133B.2.6	The bottom 10 inches of the door creates a hazardous condition.
1133B.2.4.2 and Figure 11B-26A(a)	There is not enough latchside clearance on the inside of the door.
1133B.2.5.1	The door closes too fast.	4.13.10	The door closes too fast.
1133B.2.5.1	The door does not close.	4.13.10	The door does not close.
1117B.5.2	The symbol on this door for the restroom is not of contrasting colors.
1115B.6	There is no symbol on this door for the restroom.
1133B.2.4.4	There is not enough room inside this vestibule for doors in series.	4.13.7	There is not enough room inside this vestibule for doors in series.
1008.1.2 and 1133B.2.5.2	The door hardware is not mounted at an accessible height.	4.13.9	The door hardware is not mounted at an accessible height.
1133B.2.5.2.c	The vertical actuation bars outside the door are not at the required height.
1133B.2.5.2.c	One or more controls operating this automatic door do not have a level clear floor space centering on the automated controls.
1117B.5.8.1, 1117B.5.5.3, 1133B.2.5.2.e, and 1133B.2.5.2.c	One or more controls operating this automatic door are missing the full sized International Symbol of Accessibility.
1133B.2.5.c	One or more controls operating this automatic door are not placed in a conspicuous location.
1133B.2.5.2.c	The higher push plate inside this door is not the required height.
1133B.2.5.2.c	The push plate operating the auto door outside this door does not open the door or there is only one push plate.
1133B.2.5.2	The door hardware is not accessible.	4.13.9	The door hardware is not accessible.
1133B.2.2 and 1133B.8.6.2	The door is too low.	4.4.2	The door is too low.
		4.13.6 and Fig 25(b) and Fig 25(c)	The Inside landing length is too shallow.
1133B.2.5.3	There is not enough latchside clearance on the inside of the door due to the alcove.
1133B.2.4.2	The inside landing slope is too great.	4.13.6	The inside landing slope is too great.
1133B.2.4.3, 1133B.2.4.5 and 1133B.2.5.3	The inside latch side clearance is too narrow.
1133B.2.4.2	The inside landing is too short.	4.13.6 and Fig 25(a)	The Inside latch side clearance is too narrow.
1133B.2.4.2 and Figure 11B-26A(b)	There is not enough width on the inside door landing.
1133B.2.4	There is no landing inside this door.	4.13.6	There is no landing inside this door.
1117B.5.2, 1117B.5.5, 1117B.5.5.4 and 1117B.5.8.1.3	The International Symbol of Accessibility on this entrance is not readily visible from the entrance to individuals with vision impairment.	4.1.2(7)(c) and 4.1and 4.30.5	The International Symbol of Accessibility on this entrance is not readily visible from the entrance to individuals with vision impairment.
1133B.2.5.2	The door latch is not accessible.	4.13.9	The door latch is not accessible.
1133B.2.5.3	There is not enough latchside clearance on the outside of the door due to the alcove.
1133B.2.4.2 and Figure 11B-26A(c)	There is not enough latchside clearance on the inside of the door.
1133B.2.4.2	The outside landing slope is too great.	4.13.6	The outside landing slope is too great.
1133B.2.4.3, 1133B.2.4.5 and 1133B.2.5.3	The outside latch side clearance is too narrow.
1133B.2.4.2	The outside landing is too short.
1133B.2.4.2 and Figure 11B-26A(b)	There is not enough width on the outside door landing.
1133B.2.4	There is no landing outside this door.	4.13.6	There is no landing outside this door.
1115B.3.2.7 and 1117B.6	The privacy latch is not accessible.	4.13.9	The privacy latch is not accessible.
1115B.3.2.7 and 1117B.6	The privacy latch is too high.	4.13.9	The door hardware is not mounted at an accessible height.
1115B.6.1	The sign on the door does not correctly identify the proper designation of this restroom.
1133B.2.5	The door pressure is too great.	4.13.11(2)	The door pressure is too great.
1117B.5.7	There is no Braille on this sign.	4.30.4	There is no Braille on this sign.
1117B.5.7	The sign is too close to the door swing.	4.30.5	The sign is too close to the door swing.
1117B.5.7	The sign for this door is mounted too low.	4.30.6	The sign for this door is mounted too low.
1117B.5.5.4	The posted International Symbol of Accessibility on this entrance is too small.	4.30.4	The posted International Symbol of Accessibility on this entrance is too small.
1117B.5.8.1.2	There is no International Symbol of Accessibility on this entrance.	4.1.2(7)(c) and 4.1and 4.30.7	There is no International Symbol of Accessibility on this entrance.
1117B.5.5	The sign has no raised lettering.	4.30.4	The sign has no raised lettering.
1117B.5.2 and 1117B.5.7	The sign is not easily visible to individuals with vision impairment.
1117B.5.1	There is no sign on the latch side marking the usage of the permanent space behind this door.	4.30.1 and 4.1.3(7)	There is no sign on the latch side marking the usage of the permanent space behind this door.
1133B.2.4.2 and Figure 11B-33	The sliding door is flush with the frame.	4.13.9	The sliding door is flush with the frame.
1133B.2.4.1	This threshold at the door is too high.	4.5.2 and 4.13.8	This threshold at the door is too high.
1124B.4	The gap in the path of travel is too great.	4.5.2 and 4.13.8	The gap in the path of travel is too great.
1133B.2.3.3	A revolving door is an entrance.	4.13.2	A revolving door is an entrance.
1133B.2.3.4	A turnstile, rail or another kind of pedestrian control is the only path of travel.		A turnstile, rail or another kind of pedestrian control is the only path of travel.
1133B.2.2	The door is too narrow.	4.13.5	The door is too narrow.
		4.13.6 and Fig 25(a)	The inside latch side clearance is too narrow.
		4.13.6 and Fig 25(b)	The Inside landing width is too narrow.
		4.13.6 and Fig 25(b) and Fig 25(c)	The outside landing length is too shallow.
		4.13.6 and Fig 25(a)	The outside latch side clearance is too narrow.
		4.13.6 and Fig 25(b)	The outside landing width is too narrow.
		4.13.2	A turnstile is an entrance.
		4.13.7	The doors in this vestibule swing towards each other.

Overlapping	28
Unique CBC	21
Unique ADA	9
Total Unique	30
Total Combined	58

[/DDET]

How liable does this make you? Read our ADA FAQ for more information. For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page.

Questions? Call us at 866 982 3212 x2 or email us at help@accesssolutionllc.com

September 22, 2009October 29, 2018

Paths of Travel and how the ADA isn’t building code.*

ADA is not Building Code
One of the most common misconceptions about accessibility is about how it should be applied. Many design professionals, building code officials and contractors treat accessibility only as building code. However, as accessibility became more complex, the concept of an accessible “path of travel” was fragmented and divided by specialty. For example, the asphalt contractor does the parking lot and the door installer does the doors. Unless the accessibility designer or the general contractor is able to get the specialists to follow his or her master design plan (instead of each doing their own thing), accessible features can end up apart from one another so that there isn’t a continuous path of travel. For example, consider the following image:

Pathing Path, no protection

Other than the slopes and cross slopes? What else is improper about where this parking is located?

Hint: A truly accessible parking lot isn’t just about striping blue paint according to the correct dimensions.

For accessible parking spaces, there needs to be a “bridge” to the accessible entrance and a protective “envelope” around the patron along this path. If you can imagine the asphalt as an ‘ocean’, one that is hazardous to someone in a wheelchair (who can be completely invisible to a driver backing out of a parking spot because of their low profile), you will realize the necessity of protecting the disabled patron with this path of travel.

Creating an accessible path can include various configurations of head aisles, cross walks, detectable warnings, edge protection and signage (not to mention addressing various hazards like grates or protruding objects). This becomes even more problematic when an owner or a designer does not understand the principle or reasoning behind the elements of an accessible path. This is because while the ADA guidelines specify only certain drawings as an example, there are invariably several possible solutions depending on the unique characteristics of each facility. The worst situations are where accessible parking is added where there is room for one feature (say an access aisle) but this is done without regard to where the main entrance is located, and a disabled patron must unnecessarily travel over twice or three times the distance that an able-bodied patron can travel to reach the entrance of a store.

This is where having the right consultant becomes so important. Knowing what your options are can save a ton of money and time while preventing confusing and even dangerous travel for a disabled individual.

Accessibility is more about fair access to goods and services than it is about construction. Elements along an accessible route need to comply with existing design standards, but as long as the good or service is made accessible with reasonable accommodation, construction might not be needed. The requirements of the ADA are many, but they are such that in the big picture, there are almost always alternate options available.

Furthermore, designers, contractors and inspectors don’t have control over how a building is used or what is offered within a building… that’s up to the occupant. If the occupant assumes that access is all about building code, as many often do, they may think they don’t have any responsibility when in fact their lack of awareness leaves them open to all kinds of liability.

A restaurant owner may think that an upstairs dining room is perfect for private parties or events. But what if a customer books a wedding at your location and it turns out that their grandma is in a wheelchair? Does this mean she can’t see her grandchildren during dinner? Providing equal (or equivalent) access is paramount, and where we choose to locate accommodations becomes a deciding factor in how an occupant configures a space. Unfortunately, there are few classes to teach business owners or commercial real estate agents the complex requirements for accessibility. So, YTA is here to help. If you have any questions of concerns about accessibility, feel free to give us a call at (866) 982-3212 or email us at help@accesssolutionllc.com and we can consult with you to determine your full accessibility needs or even hold seminars for your organization or community.

How liable are you? Read our ADA FAQ for more information. For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page. Or call us at 866 982 3212 x2 or email us at help@accesssolutionllc.com

*Note: The California Building Code may have changed its requirements since the writing of this article.

August 18, 2009October 29, 2018

ADA Lawsuits hit Palm Desert / Coachella Valley

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:

Almost 2,000 ADA lawsuits have been filed by this firm
“Ninety percent of all cases are settled early, because that’s what the court wants,” – Theodore Pinnock
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)

Don’t be a victim. Learn more about your ADA liabilities.

August 6, 2009October 29, 2018

Culver City Seminar on Accessibility: September 9th

Date: Wednesday, September 09 2009
Time: 11:30am – 1:15pm
Type: Luncheon Seminar
Fee: $25 with a reservation: $30 at the door without a reservation
Location: Four Points by Sheraton, 5990 Green Valley Circle, Culver City, CA
Contact: Barbara Brody, barbara@culvercitychamber.com 310-287-3850

Speakers: Alexander Lee and Thomas Shin of Yours Truly Accessibility, Frank Chen of Wasserman, Comden & Casselman LLP

Come join us at the Four Points Sheraton in Culver City to see a presentation on Accessibility and how it affects your business. Topics will include accomodations, lawsuits, suggestions and a Q&A session afterwards. If you are not a Culver City Chamber member but have been acquainted with us in the past, please email us so that we can clear your attendance ahead of time.