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Federal or State Court?

One of the rising issues with ADA lawsuits is some of the confusion over State and Federal court. Since businesses could be sued under either, there needs to be more comprehensive strategies in how to deal with such ADA litigation.

Below is an article that addresses some of these problems without giving a clear solution.

Click here

It’s a very clear article.

But then, why is there a lack of a legal solution? There isn’t a clear solution as your strategy will depend on the size of your business. However your attorney pay spin a situation, or deploy a strategy to help you, the facts always remain that a violation is a violation.

Now while you may not be legally required to fix all violations (some being too cost prohibitive), you are best off fixing items that you can fix.

So what should you fix?

It is this reason that the first step to compliance is… *drum roll please *… getting a comprehensive assessment as to what your violations are. After that you can start to fix the violations that trouble you.

We can do accessibility assessment for you.

866 982 3212
help@accesssolutionllc.com

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ADA lawsuits are in the rise throughout the country

We’ve posted hundreds of articles in the few years that our website has been up.

This article is typical in detailing how lawsuits are yet, on the rise again.

This time, the article is about a smaller town in the great state of Illinois.

While our company does work primarily in South California, this is a good review of how these litigious situations in California arose.

Grooming Unleashed is one of more than a dozen businesses Straw sent the correspondence to a few weeks ago. His demand letters have created a stir among members of the village’s business community, many of whom are suspicious of his intentions. The executive director of the Streamwood Chamber of Commerce even called police after getting the letter, worried it was a scam.

But disabled rights advocates and experts on ADA law say while Straw’s approach may not win him friends, what he’s doing is not illegal.

The 44-year-old Straw, a licensed attorney in Indiana and Virginia, targeted businesses in Hillbrook Square Shopping Center and Parkview Plaza, both near Streamwood and Bartlett roads.

He says Hillbrook has no handicapped parking and Parkview is lacking curb cuts and proper signage.

Straw said he is justified in sending out demand letters instead of reaching out to business owners in person, given that the ADA was passed 23 years ago and businesses have had plenty of time to comply.

He demanded $5,000 from each business owner, since, he says, an annual tax credit of that amount is available to small businesses that remove a barrier or install improved accessibility features.

“I don’t have time to go around and have a polite conversation with every one of these businesses that is not compliant,” Straw said. “I’m not here to be their friend. I’m here to make them compliant.”

Click here for complete article

Worried about getting such a suit? We can help you. Call us at 866 982 3212 or email us at help@accesssolution.com

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Landlord/Tenant Dispute Over Americans With Disabilities Act Lawsuit

One of issues surrounding providing disabled access is “who is ultimately responsible?”

Article: Landlord/Tenant Dispute Over Americans With Disabilities Act Lawsuit Caused ‘The Bucket’ to Close

Analysis?

In general the landlord is responsible for the outside of the building and the tenant is responsible for the inside. But the ADA specifies broadly that both are responsible because both have agreed to the conditions of the site, either by leasing it or by owning it and not modifying it.

Landord and tenant disputes as old as the idea of leasing and the idea of property rights.

As you can see from the article below, this issue is still unresolved, especially if the lease does not explicitly state that one party is responsible.

As of July 1st of 2013, leases in California for commercial property must specify whether or not an accessibility assessment has been performed. And should such an assessment be performed, such a report should be made available for prospective tenants to review. This goes hand in hand with the changing commercial leasing forms which now often state that the tenant is responsible for ADA compliance.

The lease agreement’s added deferral of responsibility to the tenant makes it imperative that tenants and buyers of commercial property be assured to get a complete assessment before taking responsibility over the building and its ADA issues.

Such assessments in California are called CASp inspections, a service that we do provide.

Questions? Need an inspection? Call us at 866 982 3212 or help@accesssolutionllc.com

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City buildings need to become accessible

City buildings need to become accessible, especially since there is a very large aging population.

For the city of Cheyenne, which was served notice by the Department of Justice for their noncompliant government buildings, this is a large issue they are taking very seriously.

Nonetheless, despite having a transition plan, the city still receives four or five complaints a year… mainly due to the expensive nature of retrofitting existing buildings.

You can read the full article below: How ADA accessible are city buildings?

With the aging population, there are bound to be an increase in the requirements for accessibility even as the standards for accessibility become further widespread.

Keeping up with this moving target requires expertise such as ours. Any questions or comments? Call us at 866 982 3212 or email us at help@accesssolutionllc.com

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LaBovick Law Group Files Unique Federal ADA Lawsuit Against Pain Management Clinic

PALM BEACH GARDENS, FL–(Marketwired – Aug 28, 2013) – LaBovick Law Group filed a federal lawsuit in the United States Southern District Court of Florida Monday afternoon on behalf of a woman who is deaf and was denied treatment at Port St. Lucie Pain Management. The firm’s Director of ADA Litigation, Joseph R. Fields Jr., is using a unique theory that allows him to ask for pain and suffering damages on behalf of his client.

Elizabeth Jones is deaf. She was referred to Dr. Anthony Rogers and his medical practice, Port St. Lucie Pain Management, by her primary care physician. Mrs. Jones made an appointment with the clinic and requested that an interpreter be present for at least the first visit. When advised that an interpreter was necessary for effective communication between Mrs. Jones and the doctor, her appointment was canceled by Port St. Lucie Pain Management. She has continued to experience severe pain and suffering since then. Had the doctor and/or his medical office not canceled the treatment, the woman’s pain problems could have been treated and her pain eased.

The claim alleges the following:

“Defendants have implemented an office policy, practice, or procedure of discriminating against persons with hearing impairments. Specifically, defendants require all deaf patients to provide their own interpreters and/or refuse to provide patients an interpreter at the defendants’ own expense,” and “Plaintiff has suffered emotional distress and damages in the past, and continues to suffer distress and damages in the future due to defendants’ refusal to provide her with medical treatment unless she agrees to pay for her own interpreters.”

Policy is equally important when it comes to providing access.

Original post here: http://www.marketwire.com/press-release/labovick-law-group-files-unique-federal-ada-lawsuit-against-pain-management-clinic-1825318.htm

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Who deserves an ADA lawsuit? Where will the next one strike? Will it be you?

The Mo’s Universe family of restaurants/bars in Hillcrest (which includes Urban Mo’s, Baja Betty’s, Gossip Grill and the Hillcrest Brewing Company) has a solid reputation in the community for being a friendly and inviting place for all people, including those with disabilities.

For example, they recently helped sponsor a grassroots effort to raise $65,000 for a local disabled volunteer, donating thousands of dollars themselves to the cause.

Original article here: http://sdgln.com/entertainment/2013/09/04/jim-winsor-out-about-ada-lawsuit-shakedown-deserving

Serial litigants strike places that are out of compliance, regardless of who they are suing. In this case, this restaurant chain’s owners were donating money, and being strong philanthropists in the community. But the business that is sued for not being ADA compliance are places of public accommodation that are out of compliance.

In this case, parking striping.

The article is correct, finding a qualified certified access specialist is of the utmost importance. The laws change often and most contractors don’t even know how to measure the space properly. Each of these dimensions are very specific… so that either you know them or you don’t. For those that don’t everything looks fine. For those that do know them — problems can be quite obvious even to the naked eye.

This means, of course, that non-compliant items are effectively “sue me” advertisements to anyone passing by.

To boot, most of the items that need to be addressed immediately are inexpensive to fix, as those are the items which are easiest for plaintiffs to claim the responsible party was “negligent”. So that’s a double whammy!

Don’t hesitate. Save yourself time, money and piece of mind. Contact us right away. Don’t let your parking lines be $4,000 parking lines.

help@accesssolutionllc.com or 866 982 3212

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State of Seal Beaches in terms of ADA Compliance

Seal Beach attempts to become compliant and discovers their master plan was not as thorough as it needed to be.

Seal Beach parks are in moderate compliance with a federal law, according to the 2013 Seal Beach Parks and Community Services Master Plan.

“Federally-mandated ADA (Americans with Disabilities Act) access to the city’s parks and their amenities is currently only met in moderate fashion,” the plan said. “With limited difficult terrain to restrict the achievement of this mandate, a number of the city’s parks have the potential to better serve those with physical challenges in their lives.”
The required improvements vary.

“In some cases this includes hard surface paths-of-travel from designated parking spaces to observation and activity areas, while handicap accessible picnic tables, drinking fountains, and playground surfacing can significantly improve access to several of the city’s parks’ areas,” the plan said.

Nonetheless, they are making significant efforts to determine how the can comply, and help improve the life and access of their residents.

Bravo, Seal Beach.

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ADA Compliance is a Universal Issue Affecting People everywhere

Accessibility needs to be provided according to customer experience, as one theme park finds out.

FEDERAL WAY, Wash. — A visit to Wild Waves Theme Park turned into a wave of disappointment for one Lynnwood man, who claims the slides and rides he wanted to enjoy weren’t accessible to him because he uses a wheelchair.

Mike Arendt came to the theme park last Friday with an able bodied friend looking to have some fun in the water.

Arendt said when he and his friend got to the top of one long ramp, they found two slides closed and others locked off to wheelchair users.

Arendt believes that lack of access violates the Americans with Disabilities Act.

“I’m thinking, ‘How can they be allowing this with all of the new ADA laws and rules, to have it all barricaded off?'” Arendt said.

Original article here: http://www.komonews.com/news/local/Wheelchair-user-claims-local-theme-park-is-breaking-ADA-laws-217040451.html

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It’s Time to Update Your Real Estate Forms (at Least in California)

If you are the owner of commercial real estate in the State of California then a recent change in California law will require you to update your lease forms. Effective July 1, 2013, all commercial leases must indicate in the lease whether or not the property has been inspected by a Certified Access Specialist (CASp).

Section 1938 of the California Civil Code provides that a “commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection” by a CASp and if so whether the property has or has not been determined to meet all applicable construction related accessibility standards. A CASp is a professional licensed by the State of California to assess a commercial property’s compliance with federal and state disability related laws and regulations. The CASp is trained and certified to identify areas of non-compliance with accessibility standards and report those results to the property owner.

The new law does not include any specific penalty for failure to make the disclosure. It also does not require the owner to obtain the actual inspection. However, failure to comply with the law could create other practical issues for owners of California commercial real estate including the raising of the issue if the owner is involved in any Americans with Disabilities Act litigation. Failure to include the language could serve as evidence in any such litigation as to the owner’s knowledge of access requirements or intent to comply with the applicable laws. This is especially critical in California given its reputation for being one of the most litigious ADA states in the country.

 

This requirement is one of the outcomes of SB1186.  This lease requirement is effective July 1st, 2013.

Original article here: http://www.natlawreview.com/article/it-s-time-to-update-your-real-estate-forms-least-california

 

If you have any questions or comments, don’t hesitate to contact us.  <strong>866 982 3212</strong> or <strong>help@accesssolutionllc.com</help>

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Lawsuit over a speedway in PA

ADA Compliancy is a matter of a combination of factors that really requires a complete assessment of your facility.

The more complex your site, the more attention you will need to devote to understanding what your customer’s experiences actually are.