Upcoming ADA Seminar @ Culver City!

Is your Business ADA Compliant? Learn about the legal liability your business has if it is not ADA Compliant. Don’t get slapped with a lawsuit over something you could have prevented!

Hosted at Four Points Sheraton (5990 Green Valley Circle in Culver City, CA) on Oct 6 @ 730am.

Click on the link below to pre-register for the event!

Culver City ADA Seminar

If you own a business, chances are it’s not 100% compliant. The only businesses which are guaranteed to be compliant are home delivery. Even then, if you accept visitors from the public in your lobby, family members of employees or event delivery personnel (who have to sign in at a counter) then you are technically open to the public.

If you think you are accessible, here’s a few items for your check list.

1. Floor Mats which are secure and do not pose a tripping hazard (glued or taped down)
2. Van Accessible Parking with an access aisle that is at least 96 inches wide.
3. A 6×6 inch ISA decal on or about your front door
4. Signage on the wall next to your restroom centered at 60 inches with raised letter, contrasting letters and grade 2 braille.
5. No door knobs anywhere. No twist hardware for the lock, for the latch or for faucets.
6. All restroom amenities are less than 40 inches from the finished floor. This means the point of operation!

If you’ve passed all 6 of these, then congrads, you’ve passed 6 of the 1300 unique checks that are part of doing an ADA Audit.

Davis, CA has a Disability Pride Parade to Celebrate 20 years of ADA; A day in the Life of a Quadriplegic

Alot of what we talk about here revolves around the ADA being a potential tool for certain individuals to hurt businesses. While that may be true, it must not be forgotten that the ADA does much good and helps many people who would otherwise have a worse quality of life. In this way, at least for business owners, being accessible (especially if you’re the only one in town) is GREAT for business.

Hi. I’m Walking Bob and one of the joys of this blog is being able to highlight the people, places and events that make Davis a special place to live. I experienced one of those events, along with about 125 other people, at the July 31 Disability Pride Parade in Central Park, celebrating twenty years of the Americans with Disability Act.

Read more on Disability Pride Parade in Davis, CA

We must also not forget about the challenges which face many of our peers. We may assume in our everyday life that ‘we don’t see people like that’ or ‘people like that never come here’ but ask yourself, do you not see them because they do not exist? Or do you not see them because it’s hard for them to get around so many of them don’t brave the sunlight and the structural, attitudian and architectural barriers which lie around them?

You see, Richard was born without arms or legs. But he never allowed this disability to limit him. From the age of two, when he first began turning pages in books on his own, his commitment to independence has driven his personal and professional life.

Richard’s daily routine isn’t all that different from mine or yours. A video produced during his time at the California Department of Rehabilitation shows how he lives on his own, gets to work, and exercises regularly:

A day in the life of Richard Devylder

A related article, too. The Department of Transportation celebrates 20 years of the ADA.

Share/Bookmark

Amazon’s Kindle Violates the ADA

As we’ve been touting, the ADA is about equal access, or atleast reasonable accommodation. In the Amazon/Apple war (Kindle vs iPad/iPhone) over who is going to be the next reader of digital media Amazon moved the Kindle to put textbooks online for students. Not a bad idea, considering the cost of text books and the weight of lugging all those heavy books about. But in doing so, Kindle did not allow for their product to be readable for the blind — there is no way for a blind person to access the text-to-speech on the Kindle without the help of a sighted person.

No matter what you do, no matter what goods or services your business, or any business participates in — please make sure you include everyone — that you think of providing everyone with a means to participate in some equitable manner…

Last year, the schools — among them Princeton, Arizona State and Case Western Reserve — wanted to know if e-book readers would be more convenient and less costly than traditional textbooks. The environmentally conscious educators also wanted to reduce the huge amount of paper students use to print files from their laptops.

It seemed like a promising idea until the universities got a letter from the Justice Department’s Civil Rights Division, now under an aggressive new chief, Thomas Perez, telling them they were under investigation for possible violations of the Americans With Disabilities Act.

Kindle Violates the ADA

Share/Bookmark

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

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

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

Read more on the details of the ADA Settlement

Share/Bookmark

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

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

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

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

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

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

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

You can read more about temporarily abled bodied here.

Share/Bookmark

Chipotle deprived disabled of food view

Chipotle’s experience lets its patrons see the food being prepared. Chipotle Mexican Grill was sued for its counters being too high. The final decision of the lawsuit is below in this article from the San Francisco Chronicle.

On the 20th anniversary of the Americans with Disabilities Act, a federal appeals court said the law entitles wheelchair users at a restaurant to the same view as everyone else of the food that awaits them – in this case, burritos, tacos and the rest of the fare at Chipotle Mexican Grill.

The 45-inch-high wall between the customer line and the food preparation counter at two Chipotle restaurants in San Diego County, which blocked the view of patrons in wheelchairs, violated the 1990 federal law that requires equal treatment of the disabled, the Ninth U.S. Circuit Court of Appeals in San Francisco said Monday.

(Read more on Chipotle’s Counters Block Disabled View of Food)

Share/Bookmark

NEW ADA STANDARDS Signed in by Obama

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

You can see Obama’s speech below:

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

(Obama’s Speech on the ADA continued…)

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

Title 2 ADA regulations for 2010

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

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

Share/Bookmark

Theme Park for the Disabled: Access is possible

Interesting Article on an accessible theme park.

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

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

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

Share/Bookmark

More Businesses Hit with an ADA Lawsuits

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

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

Share/Bookmark

Seminars Useful: Clovis Takes Steps to Help Businesses

Seminars on ADA Awareness are useful to help small and local businesses.

From the Business Journal:

Many restaurants, bars, salons and other service businesses overlook a requirement in the Americans with Disabilities Act (ADA) that signs be mounted exactly 60 inches above the ground.

They may also forget that hot water and drainpipes underneath sinks need to be insulated to protect against contact, particularly from those in wheelchairs.

Those are some of the things that were learned at a recent workshop put on by the City of Clovis to help local businesses come into compliance with the 20-year-old law in response to the large number of recent lawsuits.

Around 50 businesses needed the help since San Jose lawyer Randy Moore began targeting the Central Valley around two months ago on behalf of clients. El Gallo restaurant in Clovis, for instance, was forced to close its doors after being penalized up to $88,000 for 22 different violations.

(Continue…)

Share/Bookmark