After working as a Certified Access Specialist (CASp), for almost two years I’ve realized that most owners and tenants of public accommodations do not know what the Federal Americans with Disabilities Act (ADA), requires even though it has been law for twenty-three years.
One of the goals of the CASp program is to educate owners and tenants of public accommodations regarding ADA requirements. Unfortunately this has not happened as anticipated.
So, I have developed a PowerPoint presentation to let owners and tenants of public accommodations know that they are at risk of being sued for denying access to persons with disabilities under the Americans with Disabilities Act (ADA), and what they can do to protect themselves.
The California Building Code (CBC) contains Chapter 11B, Accessibility to Public Accommodations. This is the only code enforced by the State Architect and local Building Officials. The ADA is a federal civil rights law and is enforced by lawsuits in state and federal courts. Unlike the state code, the ADA does not grandfather in properties prior to its enactment in 1992 but rather requires that all barriers to accessibility be removed if doing so is “readily achievable”, meaning without much difficulty or expense. There are persons with disabilities filing lawsuits at an alarming rate seeking a minimum of $4,000 per violation plus attorney’s fees, and older facilities are at a greater risk.
Recent lawsuits that I’m aware of have resulted in damages and attorney’s fees of twenty to forty thousand dollars plus the cost of required accessibility improvements.
Please contact me, William M. Holl a Certified Access Specialist (CASp), if you know of an organization that could benefit from my presentation. I proudly serve most parts of California. Click here to fill out a contact form request, and let us know the location of your business.