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Walmart is sued for point of sale machines being non-compliant

Walmart is sued for its point of sales machines being too high.

In my past experience visiting Walmart sites across the nation, I’ve been fairly impressed by how ADA Compliant most Walmarts are, in comparison to other stores. There are exceptions of course. Some Walmarts have common violations that are found in other stores, but on the whole, Walmart is exceptional, especially in the parking lot.

Being sued for point of sale machines is noteworthy however, because that’s a new service that has been catching on in the past few years. It was a matter of time before someone complained about them. So if you manage or own property that has these machines, expertise is necessary to determine just where your violations are, which is different from site to site.

Looking at a list of common violations isn’t enough, you need an expert.

You can read more at either of these two links.
http://www.abajournal.com/news/article/ada_suit_claims_wal-mart_checkout_terminals_are_too_high_for_wheelchair_use/
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202564453619&slreturn=20120701200310

Have need of an inspection? Advice on the ADA? Contact us at 866 982 3212 or email us at help@accesssolutionllc.com

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ADA lawsuit against the city of Austin in Texas

Last week, to correspond with the 22nd anniversary of the signing into law of the Americans With Disabilities Act, the Texas Civil Rights Project filed 33 lawsuits across the state, proving that after more than two decades, there remains no shortage of places and activities inaccessible to the disabled community. The ADA is designed to allow Americans with disabilities to “participate fully in the social and economic life of the community,” says TCRP attorney Joe Berra, but it seems some businesses, and the city of Austin, are falling short of that goal.

The original quote can be found here:

http://www.austinchronicle.com/news/2012-08-03/lawsuits-filed-against-city-cap-10k-for-ada-violations/

ADA lawsuits are bound to continue as long as the industry itself fails to recognize a need to incorporate ADA expertise into the general construction and design process.

Many of the requirements are simple, some are very complex. Our expertise in ADA issues extends over a combined 25 years. If you have questions, comments or need an inspection you can contact us at help@accesssolutionllc.com or call us at 866 982 3212.

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Choosing an ADA Consultant

Even though there aren’t many ADA consultants around (there is a void in the marketplace) many individuals have realized the significant amount of money in this area.

ADA consulting isn’t all that easy — there’s a great deal of information to consider — but nonetheless, many are attracted to this area in order to make a quick dollar.

 

Here’s an interesting article posted by one of our competitors on choosing an ADA consultant.  [Their website mainpage is ADA Consultant… I couldn’t find the name of their company at all, I guess their website is still in development.]

The basic idea is that one ought to get a consultant who is experienced, who can provide references and isn’t a fly-by-night individual who just wants to make a quick buck.

I quoted their conclusion below:

The moral to this story is that it takes a little work to find the right Consultant for you and your business.

Ask questions, check references, call the Better Business Bureau and look for actual training and experience.

Expect to pay a reasonable price for services, like to old saying goes; you get what you pay for. If you get services for nothing, then that is probably what they are worth.

The cost of an audit, training or other ADA Consulting Service is FAR LESS than the legal fees, fines and bad press of failing to comply and receiving an ADA Violation.

Make sure your consultant can fully meet your needs. Don’t pay for services that you don’t need or for several subcontractors to cover all of your compliance needs.

Compliance with the Americans with Disabilities Act (ADA) doesn’t need to be painful, frightening, overly stressful, or be so expensive that it puts you out of business.

But ADA Compliance does need to be done and a Qualified ADA Compliance Consultant can help!

Overall, their conclusion is apt, chosing the WRONG consultant is much like doing work incorrectly, you pay for something that can get you further in violation.

Any questions or concerns? help@accesssolutionllc.com or 866 982 3212.

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Do it Yourself Guide

**This article is taken from a previous version of our pricing guide and saved here for Reference.

We often get questions from business owners who are adamant that they know enough to assure that their sites are in fact ADA compliant.  Rather than try and convince you that you need us, let us show you where we get our information so if you like, YOU CAN  DO IT YOURSELF.

Free Accessibility Information

Yours Truly Accessibility is a California Corporation that provides industry leading accessibility service at extremely competitive prices. We are able to provide this level of value because YTA has developed cutting-edge survey software called Précis. Précis significantly decreases our processing time for each survey while ensuring perfect accuracy and completeness. Beware “casual” access inspectors that charge similar to us but only point out a thing or two from memory, potentially leaving you liable for thousands of dollars in exposures that they missed.

For example, so far as we know, YTA is the only firm that uses the latest 2010 laws to give you the most complete, up-to-date information of over 3000 individual checks.  The laws aren’t straight forward though, here is a list of some federal and state ADA conflicts.

If you’re curious as to where we got our information, the following organizations can be of assistance.

These are the major official websites from which accessibility code originates.

Federal Accessibility Guidelines – Everything Federal is online And for FREE (look for ADA 2010)

http://www.ada.gov – This is the Department of Justice’s website on accessibility.  They have extensive materials on FEDERAL accessibility regarding cities, municipalities and small businesses.  You can find their fact sheet here.

http://www.access-board.gov – This is an independent Federal Agency devoted to exploring access issues.  They help determine and resolve access issues as they come up.  Any new Federal Legislation on accessibility will be influenced by the Access Board.  You can find their updated 2010 ADA standards here.

Equal Employment Opportunity Commission – When the updated 2008 ADA Amendment signed by Obama expand the definition of what a disability is, there were some questions as to how this applies specifically to individuals.  The Equal Employment Opportunity Commission addresses these questions here. ADA Q&A Final Ruling

These links above aren’t complete — California has a wide range of standards.  You’ll need the California Building Code as well.

California Code of Regulations – You can get the California Building Code Online. The relevant chapters can be found under here. For Chapter 11B and Chapter 10. (Chapter 11A is for residential and Chapter 11C is for fueling stations)… or if you want a paper copy…

http://iccsafe.org – You can buy a copy here.

The International Code Council is an organization which oversights building code for the entire United States.  Every three years, through a series of hearings and discussions they issue a new model-code from which states will adopt in full or modify.  California modifies the ICC’s model code extensively to create the California Building Code.  This building code is adopted every three years.  You can buy a copy of the California Building Code (Title 24 Volume 2, Part 1) in which Chapters 10 and 11 are the relevant accessibility chapters.  You can find the relevant volume 2 here.

California Civil Code – This is the ‘engine’ that ties businesses, building code and Civil rights together.

We understand you are not attorneys.  We aren’t either, but we do have extensive experience dealing with attorneys, as we have worked in an Expert Witness capacity.  If you ask an attorney for free advice, you’d probably get 30 minutes, which isn’t enough to get a full answer.  Part of the problem is that you probably have no idea what questions to ask.  So we have provide some links below with the full text that attorneys would look at.   As the law is changing always, you should do your own legal research as well.  A good starting place for some ground breaking ADA lawsuits can be found here. This article was written by Frank Chen, an attorney we have worked closely with one some ADA lawsuits.

The text of the California Unruh Act and Disabled Persons Act can be found below.

http://law.onecle.com/california/civil/51.html

http://law.onecle.com/california/civil/52.html

http://law.onecle.com/california/civil/54.html

Other websites

There are many more sites online devoted to this ADA accessibility topic, which also explore access issues. We recommend that you review some of these sites.  They will all contain various differing information. The majority of such sites are done by lawyers who explain what various court cases and legislative bills mean for us common folk.  Architects and contractors tend not to explain very much about the meaning of what they do.

Some informative websites would include:

  • California Chamber of Commerce’s Legislative Reform Efforts for ADA The California Chamber of Commerce has done extensive lobbying for ADA and Unruh Reform.  while modifying civil rights is a nightmare for any political figure, CalChambers, along with other business organizations, has been successful at getting SB 1608 passed.  SB1608 is one of the most wide-reaching legislation California has seen recently.  CalChambers, of course, lists and brags about all their changes.  It’s an interesting read, but the lesson here is that SB 1608 and CASp really only protect businesses that have a few thousand dollars to spend on CASp.  If you are worried about lawsuits you should, by all means learn about the issues at stake and your options.
  • Law Blog that chronicles ADA legal cases We’ve gotten some of our news from this site.  They have a definite slant in their view of ADA cases, but this particular tag will list the many cases that they feel are more on the vexatious ligitation side.  This blog is more of a news feed, so they are a little short on the ‘main lesson’, merely serving to inform you of what happens.
  • Buildings Operator Blog on ADA Lawsuits This is a relatively recent article written by a facilities management group on how to avoid ADA lawsuits.  They suggest the same thing we would, but they are based in the east coast so they don’t have the familiarity with California.  Nonetheless, it’s a good read with some solid general information about what an ADA expert should do for you.
  • Self help service for ADA liability This is a new website we are proud to be a part of.  When released this site can guide business owners, facility managers and contractors to finding out the extent of your ADA liability.  Much less expensive than hiring someone else to come out to your site, you can now do it yourself!
  • An attorney’s analysis of one ADA compliance lawsuit I would really recommend that you read this article.  I won’t summarize this lengthy analysis but the last points at the end are worth repeating:

While in some circumstances the cost of making business premises fully accessible to persons with disabilities can be substantial, many changes can be made with minimal expense. In the Cable’s Restaurant trial, Molski’s contractor testified that while both bathrooms could be remodeled and comply with the law for a total of $8,600, there were incremental steps that could also be taken for much less money. For example, Molski’s contractor testified that lowering the toilet seat cover dispenser would cost approximately $20 and take about 15 minutes to do. Insulating the pipes underneath the sink would cost around $20. Other repairs were as inexpensive as $30. There are a great many inexpensive steps that businesses can take to comply with ADA regulations and help avoid costly lawsuits.

This last point is important to note.  It may not cost much to do the actual work that a small business may be legally required to do, but knowing what to do and doing it correctly is the difficult part.

The tone of these sites is that they all contain the “last word”.  If you look through our access tips, we explore these different opinions.  One of the reason why it’s so confusing and no one is willing to give you the last word is that on many of issues, the experts themselves are unsure of the last word.  The agencies and governing bodies that issue the standards are themselves often in disagreement or unclear about how their principles and standards should be implemented.  This is unfortunate as this is confusing to businesses who just want to get it right (so they can move on) but this does represent the current fluidic nature of accessibility standards.  More than a few experts will secure a job first and then look up what they need to know.  This is why you need an ADA expert like ourselves.

Our computer surveys are designed to take into account both the maximum and minimum interpretations of these different standards so we can offer the best fit for your site.  For this reason we don’t recommend you purchase an accessibility book as those discuss general standards, which may or may not be applicable to a specific site.  If you are thinking about purchasing a book on access, be aware that it must contain the latest code issues (post 2010) as that includes the most recent updates.

 

 

 

Service Definitions and Pricing Guide

YTA provides a variety of valuable services that cover a wide array of needs and situations. These are very brief descriptions of those services, please don’t hesitate to call 866 982 3212 or email to help@accesssolutionllc.com if you have questions.

In order to customize our services to exactly serve your unique needs, our pricing is split into three parts. The Survey Fee is the basic cost to travel to your facility and perform the actual inspection. Then you add on the products you need. Finally you choose any optional extras like rush processing.

Survey + Product(s) + Optional Extras = Total Fee

1. Survey

YTA will inspect your facility with regards to the Americans with Disabilities Act and the applicable sections of the California Building Code Title 24, Part 2, Volume 1. YTA will always strive to base all recommendations on the very latest laws. Be wary of consultants, contractors, and architects that still rely on outdated codes. If it deems appropriate, YTA will collect data, including measurements and photographs. The survey is a visual inspection only. Any deficiencies which are not visible at the time of the survey cannot be included.

See here for a guide on how to put a price tag on your ADA Requirements.

Price: The minimum Survey Fee is $488. This price includes most places of public accommodation (e.g. a business open to the public) of up to 500 square feet and the closest parking lot of up to 25 spaces. For surveys that only address parking and exterior common ares, the minimum fee applies for parking lots up to 75 spaces. The actual Survey Fee depends largely on the size and complexity of the scope of the survey. Please contact us for a quote.

There is an additional travel charge of $2 per mile outside of Los Angeles County. If it is necessary to split the Survey over more than one day (for example for a very large Scope, or if part of the Scope is inaccessible for any reason) there is an additional destination charge of $150 per day.

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CASp May Not Provide Some of its Intended Protections when Sued in Federal Court Under the ADA

Benefits of CASp may be only effective as far as the stay goes if sued in State Court. There are additional items such as attorney’s fees which still provide benefit to clients of CASp.

California’s 2009 Construction-Related Accessibility Standards Compliance Act (“the Act”) was designed to curb abusive ADA litigation by creating the Certified Access Specialist program (CASp). CASp enables business owners to follow procedures to “certify” that their facilities meet state and federal accessibility standards. One benefit CASp offers is that business owners with certification have the option to stay or stop all construction-related ADA litigation initiated against them and instead proceed to mediation, making it possible to avoid expensive and lengthy proceedings that drive up legal fees. But a recent court decision suggests this may not be the case when sued in federal court, suggesting that CASp may not offer all the benefits intended by the California legislators.

Read the entire article here: http://articles.jmbm.com/2010/11/23/casp-may-not-provide-some-of-its-intended-protections-when-sued-in-federal-court-under-the-ada/

Nonetheless the take away is that CASp is still a superior product, although costlier. It provides some definition when it comes to reasonable attorneys fees, but its effectiveness may be limited to State Court only.

Interested in a CASp inspection? YTA offers ADA reports and CASp reports. Questions or comments? Call us for a quote. 866 982 3212 or email us at help@accesssolutionllc.com

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Ratifying the Convention on the Rights of Persons with Disabilities

For those of you who think the ADA is something that should go away or be radically loosened:

As two individuals with disabilities who served in Congress, the passage of the Americans with Disabilities Act (ADA) in 1990 was not only a proud moment in our careers, it was also remarkable bipartisan legislation that has benefited millions of Americans. Twenty two years later, this important legislation continues to support the independence and dignity of Americans with disabilities.

This of course, goes beyond the scope of our services, since we do inspections in the United States, not in other countries. But I think this is of interest. Disabled Compliance requirements are here to stay.

Accessolution provides disability compliance inspection for businesses. Questions or comments? Call us at 866 982 3212 or email us at help@accesssolutionllc.com

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Nova Polymers releases White Papers on ADA signage

One of the most least understood areas of accessibility is signage. To help with this, Nova Polymers has released white papers on ADA signage.

A series of white papers that simplify understanding of important codes relating to accessible room identification signage and sign compliance in the United States, Canada, Australia, and the United Kingdom are now available from Nova Polymers.

The white papers summarize and detail building codes and legislation affecting the compliance of accessible room identification signage, and include line illustrations to facilitate understanding. A white paper on United States accessibility standards highlights key sections of the 2010 Standard for Accessible Design (SAD), an update of the 1991 Americans with Disabilities Act, so critical information affecting sign compliance can be easily reviewed. A separate white paper was produced for California Title 24, covering the California Building Standards Code, and consolidates signage regulations from multiple areas of the legislation in a simplified format. Additional white papers highlighting standards for room identification signage in Canada, Australia, and the United Kingdom take a similar approach in presenting guidelines in an easy-to-review format.

You can read the original article here: http://www.digitaljournal.com/pr/801954

You can get the white papers here: http://www.novapolymers.com/resources/white-papers/

Just as a comment on the white papers for California. For signage, they remain unclear about how to handle signs on the door, for restrooms, calling them “dual signs”. This is a little confusing. While the dimensions they quote are accurate, it’s important to note that signs on the door must be centered at 60. There is no leeway to be between 48 and 60, like the latch side signage for doors.

Also, for the white papers for the California and the United States, they neglect to mention Counter signage, Stair signage, directional signage, parking signage and elevator signage. All these signage requirements are fairly detailed. Additionally, directional signage is the most vague, as it is really dependent on the site.

The white papers also do not specify what “contrast” fully means. They are correct in that the sign lettering must contrast with the signs background. Its perhaps beyond their scope, but the sign as a whole must also contrast with the field it is mounted on, be it a wall or on a post.

I won’t go over the many other requirements at this time, but incomplete white papers can be a little misleading, although its understandable that parking signage, counter signage or elevator signage are often not a plastic polymer (its often aluminium with a plastic coating).

Nonetheless, something is often better than nothing, but there is no real substitute for actual expertise.

Questions or Comments? Call us at 866 982 3212 or email us at help@accesssolutionllc.com YTA is a accessibility inspection company, providing ADA and CASp expertise to help your business be in compliance with the law.

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Federal Judge Rejects NYCHA’s Motion To Dismiss Blind Resident’s ADA Lawsuit

July 19, 2012, Staten Island, NY—A federal judge in Brooklyn has ruled that a suit brought against the New York City Housing Authority (NYCHA) by a Staten Island resident who is blind may proceed despite efforts by NYCHA to have the matter dismissed. The plaintiff is arguing that by refusing to accommodate his disability, and by providing him repeatedly with written notices that he is unable to read, NYCHA is violating civil rights and disability laws.

You can read the entire press release here: http://www.mfy.org/wp-content/uploads/Williams.Press_Release.FINAL1_.pdf

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Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through the California legislature. It’s worth noting that the latest version of SB 1186 will prohibit money demands for construction-related disability claims prior to filing a complaint. Additionally, the bill requires all commercial property owners to state on the commercial lease or rental agreement whether the property being leased or rented has been inspected by a certified access specialist. Although this requirement may ultimately result in increased costs for lessors, it should provide business owners seeking to avoid accessibility claims with additional prior notice of the building’s compliance with existing law.

Pretty good summation of the current bill SB1168.

Waiting periods for one minority group but not all the others, for compliance with Civil Rights is discriminatory so it makes sense that this be deleted from the legislation.

Requiring property owners to alert potential leasors if the property they are looking at has been inspected by accessibility inspectors is also reasonable.

You can read the full article here: http://www.jdsupra.com/legalnews/waiting-period-deleted-from-bill-aimed-a-52417/

Questions or comments? Interested in getting an accessibility report? Call us at 866 982 3212 or email us at help@accesssolutionllc.com.

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Working to Streamline Accessibility Laws

SB1168 moves one step closer to becoming law. This should provide relief to businesses over ‘technical violations’.

Last week, the AIACC testified before the Assembly Judiciary Committee in support of SB 1186 (Steinberg/Dutton). SB 1186 seeks to promote compliance with the state’s disability access laws without increasing unwarranted litigation. The bill easily passed and now rests in the Assembly Appropriations Committee.

The language contained in the current version of the bill focuses primarily on how an attorney is to provide a written advisory (demand letter) to a building owner. However, the SB 1186 working group (of which the AIACC is part) established by Senators Steinberg and Dutton continues to seek legislative proposals to provide legal relief to those affected by the issues surrounding the Federal ADA, the California Building Code (California Code of Regulations, Title 24) and California’s Unruh Civil Rights Act—all without compromising access compliance or civil rights.

For architects, some of the most significant aspects of the effort are the proposals being generated by the working group. These include the Division of the State Architect’s (DSA) efforts to align the ADA with the access provisions of Title-24 and the improvement of the Certified Access Specialist Program (CASp). Also to be considered is the inclusion of language that addresses issues such as when an access code violation can be considered a technical violation (think handicap parking signage mounted three inches off-center of the parking stall), versus a true access violation (a barrier to access, e.g., a 24” wide restroom door in a public accommodation).

Because the alignment of Title 24 and the ADA plays a key role, the working group is depending on the DSA to deliver on its ongoing efforts for preparing the update of California’s 2013 building code for accessibility. As you may be aware, since May, the DSA has held a series of Access Code Forums, seeking input and comments from accessibility stakeholders, interested parties, and the general public as part of its emergency rule-making efforts to align state and federal access regulations. One area of significant importance that has been included in this effort is construction tolerances (allowing for a specified dimensional range). Whether dimensional, or in the form of open-mindedness, tolerance will certainly play a key role in resolving this issue.

You can get the original text here: [AIA California Council]