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The fact that the California federal courts only had ten website accessibility lawsuits filings in 2018 may be a surprise to some since California continues to lead the pack in the number of all ADA Title III lawsuit filings in federal court. However, it appears that plaintiffs filed their new cases in state court after a federal judge in the Central District of California dismissed a website accessibility lawsuit against Dominos’ in 2017. The Ninth Circuit reversed that dismissal last month, making California federal court an attractive venue for plaintiffs once again. We predict that the Ninth Circuit’s ruling will cause the number of website accessibility lawsuits in California federal courts to increase dramatically in 2019.
I was taking my mother in-law to a medical appointment. We are both disabled, however, I’m her care giver. The appointment was in Stockton California. The building is a single story with 10-12 offices having access doors off an inside common area. Also in this common are are bathrooms (one male, one female). When leaving, my mother in-law, who is in a wheelchair needed to use the bathroom. I asked for and received the key for the female bathroom from the medical office. Once inside the bathroom, I discovered three (3) standard stalls, and no wheelchair accessible stall. I’m not looking for money or to file a lawsuit. Just looking for information on who I can report this problem to, so that it maybe resolved.
Many properties do NOT have enough electricity available to support significant charging installations, so for now, utilities and others are doing “make ready” spaces (upgrading the supporting infrastructure in a parking space for future use without adding the actual charger). How would make ready spaces comply with the ADA standards? Additionally, consider a site with 10 make ready spaces. Would the standards apply differently if that site has no chargers presently installed versus having one active charger installed?
I live in what is called an ADA compliant apartment complex. All the apartments are compliant but I have only seen the downstairs units. My question is the parking lot. There is only one handicapped space and there is approximately 40 units, is this ADA compliant and legal? If it is declaring to be ADA compliant isn’t there some kind of code requiring multiple handicapped parking stalls.
Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building, shed their crutches, wheelchairs, powerchairs and other assistive devices, and immediately proceeded to crawl and pull their bodies up all 100 of the Capitol's front steps, without warning. As the activists did so, many of them chanted "ADA now", and "Vote, Now". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy, was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to." This direct action is reported to have "inconvenienced" several senators and to have pushed them to approve the act. While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law.
Spector v. Norwegian Cruise Line Ltd. was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
Architects, builders, and others involved with design and construction are accustomed to the state and local enforcement system, which lets them know prior to construction whether they need to make changes to their plans in order to achieve code compliance. The ADA relies on the traditional method of case-by-case civil rights enforcement in response to complaints. It does not contemplate federal ADA inspections similar to those done at the state or local level. ADA certification will help to moderate the effects of these differences in enforcement procedures and standards.
My husband is 92 and now confined to a wheelchair following a stroke. Back in Jan.2017 i moved us into a condo. Renting a unit from a private individual who owns tbe unit. He has been accomidating,on the other hand the HOA has not. For instance the lights have been out on the south entrance to our building for over 6 months. I have repeatedly sent emails and phone calls which mgt. Stated they will have it taken care of yet nothing ever happend. Now my husband has bruised his hands and skinned his shins attempting to enter after dark yet mgt has not responded to our request at all. Also the issue of handicapped parking spaces we were told nothing they could do because spaces are deeded to owners? Building built 1989