Getting to Know Your Restroom Signs*

Unisex Sign

Accessible signage can be extremely difficult to achieve if you don’t know what is required and what is not required. This is especially important if you are ordering custom signage that is both compliant with California Title 24 and looks good in your store!

The above unisex restroom sign is a great example of a sign that looks great, but actually has unnecessary elements. Consider the use of this sign: It is to be mounted on the restroom’s door, which is usually the only entrance and exit for the restroom.

Question: Why does this sign need Braille, “RESTROOM” in tactile (touchable) lettering and the ISA (International Symbol of Access, or the wheelchair symbol) on it?

Answer: It doesn’t need any of it. Putting Braille and tactile lettering on a door that constantly opens and closes without warning can be a safety risk for a visually-impaired person trying to read the sign. By law, you need all of this on a separate sign, mounted next to the door’s latch-side. By placing it there, someone can feel and read the Braille and raised, tactile lettering without having to worry about getting the door slammed on them. Also, the word “RESTROOM” and the ISA are not required on a door sign (though it can be helpful). The ISA can either be on the door or the latch sign.

There are a few other things to note about this sign. Notice that both the triangle (Men’s) and circle (Women’s) are blue. In dim lighting, the triangle may be impossible to see against the same-colored circle and does not provide sufficient contrast. Also, if the door itself is painted blue, it would be difficult to see the circle’s outline as well. Your restroom sign can actually be any color, not just blue. Just make sure it contrasts (light vs. dark, dark vs. light) with your door. A compliant restroom door sign (if it was blue) would probably look like this instead:

Unisex Sign CA T24

Strike-Side Sign

Now that we’ve covered the door sign, let’s take a look at the latch-side restroom sign. All of your accessible features should be featured on it, and also note the difference between latch-side and strike-side of a door: latch-side is where the door’s handle and closing latch are located, while the strike-side has the door’s hinges and the door will strike the wall when fully extended. There are specifications for the Braille and tactile lettering as well.The example on the right is generally what you’d be looking for in a latch-side restroom sign, but it is by no means the only style of sign you can install. One thing you must keep in mind, however, is that tactile text must be uppercase.

One of the best designers of accessible signs that we’ve ever seen is H. Toji & Company. Sharon Toji, a principal of the company, is one of the nation’s most qualified experts on accessible sign design and is a voting delegate to the American National Standards Institute (ANSI) that writes accessiblity standards used by the International Building Code and are the basis for the ADA Accessibility Guidelines (ADAAG). She is also a member of the Access Advisory Committee to the California State Building Standards Commission, among others.

H. Toji & Company offers customizable signs with a wide selection of fonts, decorations and shapes, and have incorporated numerous features such as inlaid lettering and beveled edges that increase the sign’s durability, longevity and readability. If you are in need of accessible signage for your business, you cannot go wrong with signs from this company.

 

Read our ADA FAQ for more information on general liability.  For information about assessing your site yourself or hiring an ADA expert, please look at our ADA Consultation page.

Or, 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, and refer you to Sharon Toji for any custom sign design specifications that you need.

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

Six Common Access Barriers*

Many business owners are unaware of the thousands of possible accessibility barriers that can occur. Fortunately, many of them are simple and easy to address with little time or cost. Here are six tips from Yours Truly Accessibility that can greatly reduce your liability in minutes.

ISA Missing ISA Sign on Storefront

All business entrances are required to have an ISA logo (International Symbol of Access) displayed in contrasting colors. There is no “certification” required to post this on your front window. Placement of this can be anywhere near or on the entrance door. Be sure not to place this sign where the sign will blend in with the surrounding surface! That defeats the purpose of having the sign.

ca parking Disabled Parking Sign Not Filled In (Or just missing)

This sign should be filled in and present at every entrance of the parking with the relevant information regarding disabled parking (telephone number and the location or entity where the car is kept… usually this is the police station). This is one of the most common missing signs in parking lots, and is necessary to prevent disabled parking from being unfairly occupied.

floormat Unsecured Floor Mats

Unsecured floor mats, while tidy, are also a source of trips and falls by people using walkers and canes, especially if they tend to shuffle their feet. These should be attached to the ground with industrial-strength adhesive to avoid bunching up, or simply removed to eliminate liability.

mirrors Mirrors Placed Too High

The key here is ‘equal access.’ If restroom mirrors are placed too high (over 40 inches from floor to bottom edge), they are considered discriminatory. Either remounting a mirror (just one is enough) to the correct height or removing all mirrors solves this problem.

wrapped pipes Unwrapped Hot Water Pipes

Most people are unaware of how hot pipes can become after hot water has been running through them. Even worse, diabetics and paraplegics in wheelchairs may be unable to feel scalding burns from unwrapped pipes beneath a sink!

door levers Non-Lever Doors and Non-Button Locks

Doorknobs and locks that require a grasping, twisting or pinching motion to operate may be difficult for people with joint problems such as arthritis or carpal tunnel syndrome. A door lever with a push-button lock is the best solution.

These are just a sample of issues that are extremely easy to fix, but are legitimate barriers to people with disabilities.

 

So, your question now, I am sure, is how liable does this make me?

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.

Squeeze Inn served with ADA Lawsuit (Sacramento, CA) (Popehat.com)

The following is from Popehat.com, which was linked to by Overlawyered.com:

The Squeeze Inn, known for huge mounds of melted cheese on its burgers, violates the Americans with Disabilities Act of 1990, [a] lawsuit alleges.

Kimberly Block, who says she has severly [sic] limited use of her legs, argues she suffered “embarrassment and humiliation” and that her civil rights were violated because of inadequate access inside the Fruitridge Road restaurant.

“In addition to its cheeseburgers, the Squeeze Inn of Sacramento California is also noted for its cramped spaces and limited seating.  Get it?  “Squeeze in.”  The restaurant is famous, having been featured on Food Network and in a number of other media.

The charm is evidently lost on Kimberly Block, who is suing the Squeeze Inn and its owner, Travis Hausauer, for alleged violation of the Americans With Disabilities Act, a well-intended law that has produced an unusually high litigation burden for small restaurants and businesses.  But one wonders whether Ms. Block visited the Squeeze Inn last November to order one of its famous cheeseburgers, or to just to get a settlement check, hold the onions.

Why?  Well according to a search on Justia, this isn’t the first time Ms. Block has suffered embarrassment and humiliation so severe she felt compelled to sue a restaurant.  It’s the third time this year. While Ms. Block hasn’t yet filed enough suits to place her in the company of famous serial ADA litigants like Thomas Mundy, her lawyer Jason Singleton, like Mundy’s lawyers at Morse Mehrban, has made an industry out of the act. No doubt Block will get there in time.

Of course if Block’s suit is litigated rather than settled or defaulted, there’s room for a defense attorney to move here.  According to its owner, Squeeze Inn had already altered its patio dining area to accommodate the disabled, making the outdoor area less “squeezy.”  Did Block ask for a patio seat?  Did she order to go?”

(continued)

Links: Popehat.com (Squeeze Inn Lawsuit Article), North Coast Journal (Jason Singleton Strikes Again, the same lawyer who shut down Arctic Circle), Sacramento Magazine (Squeeze Inn Restaurant Profile), Sacramento Bee, (Facing suit, Sacramento burger joint plans to move)

 

This could happen to you!  Read our ADA FAQ for more information.  For information 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

Serial Plaintiff in Disability Lawsuits sues O.C. Deli Again, Drops Lawsuit (O.C. Register)

“Jaewoo Jang had owned Granny’s Deli in Santa Ana less than 10 months when he was slapped with a lawsuit claiming that he violated the rights of disabled people.

He soon learned that 40 other lawsuits had been filed against 111 other small businesses and landlords in the Santa Ana area from Aug. 25 to Oct. 8, 2008. In every case, San Diego resident Noni Gotti was the plaintiff and the San Diego law firm of Pinnock &Wakefield was her attorney.”

“California has a small band of disabled plaintiffs and law firms who have filed thousands of lawsuits, usually a large number at a time, usually seeking cash payments to avoid costly trials. The state has been more generous to plaintiffs than the federal Americans with Disabilities Act.

In the Granny’s lawsuit, Gotti alleged the sandwich shop had unsecured floor mats and barriers that preclude wheelchair access and sought $4,000 per offense, general damages, attorney’s fees and treble punitive damages for the claim that defendants knew of the problems and didn’t fix them.

The serial plaintiffs are unapologetic; casting themselves as crusaders doing the enforcement that government isn’t willing to do.

Gandhi said business owners can learn a couple of lessons from the Granny’s Deli case:

  • If wrongly accused, the business owners have to challenge the serial plaintiffs. “Every case that gets settled for cash just encourages them to file more.”
  • “Businesses have a legitimate business reason to comply with the ADA and related laws. The disabled customer’s money is as good as any other customer’s.”

Source: OC Register (Lawsuit Dropped), OC Register (Original Lawsuit Article)

In the case of an ADA lawsuit, knowing what claims are legitimate and which are frivolous is absolutely essential to win your case. In some cases, you may be able to get the plaintiff to drop the case, particularly if they think they won’t be able to win in court. In the case of a legitimate lawsuit, we can help you correct the accessibility barriers in question, and any others that you may not have been aware of, to avoid problems for your disabled clients in the future.

If you are concerned about your business’s accessibility, or are involved in an ADA lawsuit, YTA can help. E-mail us at help@accesssolutionllc.com or call us today at 1-866-982-3212.

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ADA Damages Suits Don’t Require Intent, Calif. Supreme Court Rules

“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

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Basketball Town: An ADA Lawsuit Casualty (Rancho Cordova, CA)

“As a result of all the legal fees associated with the lawsuit, we had no choice but to close the facility,” says Crystal Chodes, former marketing director for Basketball Town, a special events facility for basketball, volleyball, and other sporting events for children and families.

Basketball Town was forced to close because it could not afford the legal fees required to fight a lawsuit brought by a family member of a guest at a child’s birthday party hosted at the facility.

The facility hosted parties in two areas, one of which was on a mezzanine level.

“He invited one of his friends and that friend brought his uncle, who is in a wheelchair,” says Crystal. “Once we found out through the family that one of the guests expected was in a wheelchair, we actually offered to move the party downstairs and they declined. As a result, months later we were served with a lawsuit.”

Despite the lawsuit, the facility contended that it was, in fact, in compliance with the law regulating handicapped access for its patrons.

But compliance didn’t matter when the cost to defend oneself against a lawsuit overwhelmed the company’s bottom line. Basketball Town was forced to close its doors. The closure also came at a cost to the small business on the premises.

“There was a family pizzeria here and they had invested all of their money into this, they had their family involved in it, and now the facility’s closed,” says Crystal. “They have two kids that they’ve got to put through college. Just a small business, a great family, and they have lost everything – they’re starting over.”

She says: “If it can close an entire facility that’s meant to benefit children and families, it can hurt anyone. And that has to stop.”

Editor’s Note: California Senate Bill 1608 now provides a mandatory mediation alternative to litigation (with certain pre-conditions) to help prevent this exact thing from happening to other businesses.

Link: Faces of Lawsuit Abuse (with video)
Credits: Overlawyered.com

 

This could happen to you!  Read our ADA FAQ for more information.  For information 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

Disabled Man Sues Businesses for a Living (LA Times, CNN)

“Mundy is trolling for barriers to his patronage — a threshold too high for his wheelchair, a parking lot with blue-striped access lanes narrower than eight feet, a public restroom where the coat hook on the back of the door, if there is one, is above his reach.

One fighter in a burgeoning army of crusaders for disabled access, Mundy says he has filed more than 150 lawsuits in 18 months demanding damages from small businesses in violation of the exacting requirements of the Americans with Disabilities Act.

Suing for ADA noncompliance has become a cottage industry for dozens of disabled Californians who have taken on the role of freelance enforcers of an often ignored federal statute. They secure piecemeal correction of offending premises and often enrich themselves and their lawyers in the process.

“I don’t go looking for problems. I just notice them as I go around,” said Mundy, who moved to Los Angeles last year from Hawaii. It was in Honolulu that he learned the intricacies of the ADA as a building department employee, a de facto apprenticeship for his new career as a serial litigant.”

(Continue to Los Angeles Times for full article)

Link: Los Angeles Times (article), AOL News (CNN video)

 

This could happen to you!  Read our ADA FAQ for more information.  For information 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

Lawsuits by the Disabled: Abuse of the System? (Time Magazine)

“Jarek Molski, 38, is a bit of a legend in legal circles. Disabled in a 1985 motorcycle accident that left him a paraplegic, he has filed 400 lawsuits against businesses under the Americans with Disabilities Act (ADA), alleging access violations. He was dubbed a “hit-and-run plaintiff” in 2004 by a federal judge and barred from filing any more lawsuits. Molski, of course, appealed to the U.S. Supreme Court, which finally rejected his case on Nov. 17 without comment. Molski must now petition the Central District Court of California and all state courts first before filing any new lawsuits. (See the top 10 underreported stories of 2008.)

“Molski may sound extreme, but he is far from the only plaintiff who has filed hundreds of lawsuits under the ADA in California. A significant number of people who sue under the ADA have legitimate grievances and appear to be motivated by a sincere desire for access rather than monetary gain. However, according to David Warren Peters, CEO and general counsel of Lawyers Against Lawsuit Abuse, a small group of opportunists and select law firms are responsible for a huge percentage of the lawsuits. “I’ve seen plaintiffs that make Jarek Molski look like a Cub Scout,” says Peters, whose San Diego–based firm represents and consults businesses and individuals accused of ADA noncompliance across the state and country. One plaintiff, he says, has filed more than 1,000 ADA accessibility suits alone.”

Link: Time

This could happen to 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

ADA Lawsuits On The Rise

In an economy gone sour, as money becomes scarce, individuals and firms become more desperate to generate cash.  Already on the rise in California are lawsuits brought against mainly small businesses for not being compliant with the Americans with Disabilities Act (ADA).  A place of public accommodation that is deemed to have inaccessible elements can be considered as being discriminatory, carrying heavy fines, especially if a business attempts to comply but fails to do so according to the stringent code demands.  Largely because of the complexity of both Federal and State statutes and regulations (which at times are conflicting), over 95% of all the businesses threatened with an ADA lawsuit settle.  Given the increasing difficulty of finding a job, the temptation to bring suit becomes overwhelming especially because ADA complaints are legitimate complaints.  Often, disabled individuals work around the problem, but for a few plaintiffs and attorneys (who, of course, claim that business owners never make the right changes unless they are threatened), the temptation of getting quick settlement cash has led to thousands of businesses in California being threatened with an ADA lawsuit.  Settling may make the lawsuit go away — but it often leaves the businesses with a problem:  How does a business know how to properly comply to avoid a future lawsuit?

Yours Truly Accessibility Corporation (YTA) is a code consultation firm specializing in ADA compliance.  YTA works on the side of small businesses to avoid lawsuits so they can fix the problem immediately. Below is a list of four common accessibility problems YTA notes that small businesses often face:

1. Lack of proper signage.  Having the International Symbol of Accessibility on the main entrance is required by law.  But having proper signage to restrooms and other goods and services helps the vision impaired and individuals who are mobility impaired.  Placing the correct sign improperly on an inaccessible element can signal that a business does not really know anything about accessibility and is an easy target for a lawsuit.

2. Counter height is important, especially when dealing with little people, or wheelchair users.  Installing a counter too high, too low, or too narrow, can defeat the purpose of designating a counter as being accessible.

3. Kick plates on doors.  Doors made outside of California often have too much exposed glass.  Since wheelchair users use their foot rest to push open a door, a non-compliant glass door poses a hazard.  Not having enough smooth surface on the bottom of a door can also pose a trap, since the spokes of the wheelchair can be caught on a protrusion on the bottom of the door.

4. Inaccessible tables.  Restaurants or eateries that do not have accessible tables can accidentally cause their disabled patrons humiliation and inconvenience.  A lack of the proper number of accessible tables can send the message to willing customers that they are not welcome in the establishment.  Having a table that is too high or too low, or the space under the table too shallow or too narrow may defeat the purpose of designating the table as being an accessible accommodation.

Believe it or not, compliance with accessibility law can be very inexpensive — a few dollars for a sign (or even just moving an existing one) can save you tens of thousands of dollars in liability.  Moreover, compliance can qualify you for huge tax credits, which YTA can help you arrange.  Call 1-866-982-3212 or email help@accesssolutionllc.com if you have any questions.

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New Administration brings ADA reform

Two large changes loom in the horizon for disability access in California. President-Elect Barack Obama plans to start a Disability Department to help integrate disabled Americans into mainstream society. Currently, a large number of Americans who have disabilities are barred from attending educational institutions or seeking employment with small businesses because 1) disabled Americans stand to potentially lose their government funding if they enter the work force and 2) small businesses can’t offer the comprehensive health care coverage that the disabled often need. Obama intends to change all this. His comprehensive plans include providing incentives for businesses to hire the disabled, incentives for businesses to provide increased health-care coverage and to fully fund the Disabilities Education Act. Combined with the ADA Amendment Act of 2008 which expands the definition of who is legally considered disabled, we can all expect a greater level of scrutiny applied to disabilities in general. With more disabled citizens out on the streets, going to school, going to work, and going out to lunch, there will be an definite increase in the need for public access on all walks of life.

The second change comes from the state level. Recently, Governor Schwarzenegger and the California State Assembly passed S.B. 1608, which is meant to curtail frivolous lawsuits and encourage business owners to make their buildings accessible. S.B. 1608 also has provisions for requiring cities and building departments to retain accessibility experts in order to ensure that the city become and maintain its accessible features. For those leasing or thinking about leasing, accessibility inspections become even more imperative. Instead of inheriting a building full of accessibility barriers, many business owners and landlords are taking the extra step to comply with the ADA. However, incomplete knowledge can give a false sense of security that still leaves your business open to a lawsuit.

For example, did you know that under California and Federal Law you need two signs for the restroom door?  Or that the accessible parking space must be on a level surface closest to the main entrance?

That’s why more and more businesses are turning to professional accessibility consultants before opening their doors. Protect yourself by requesting an accessibility assessment today. For questions, call Yours Truly Accessibility at (866) 982-3212.

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