The California Building Standards Code says that you must get a final determination from the local building official that your project has an unreasonable hardship. This is rarely granted for new construction. Existing buildings undergoing alteration are sometimes allowed to depart from the literal requirements of the building code only when equivalent facilitation is provided.
EVCS installed at public buildings, public accommodations, commercial facilities and public housing are required to comply with the accessibility requirements in CBC Chapter 11B. Compliance with these provisions is not required where EVCS are not available to the general public and intended for use by a designated vehicle or driver (see CBC Section 11B-228.3.2 Exception 1).
Companies all over the country in a wide variety of industries are getting served with lawsuits because their websites don’t meet compliance standards. Here, we’ve compiled the top 10 most noteworthy ADA website compliance lawsuits and settlements, but before we get into those details, we’ll first define what ADA website compliance is and help you understand some of the most used terms.
The ADA states that a "covered entity" shall not discriminate against "a qualified individual with a disability".[12] This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies, labor organizations, and joint labor-management committees.[13] There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential.[14][15]
Tags: 2.0, 2019, AB 434, accessibility, Assembly Bill, blind, California, deaf, Department of Justice, Director of Technology, Government Code, Government Entity, Governor, hard of hearing, Inactive List, Jerry Brown, July 1, legislation, Rehabilitation Act, Section 11546.7, Section 508, Section 7405, State Agency, State Entity, Visually Impaired, WCAG, WCAG 2.0 AA, Web Content Accessibility Guidelines, website
Did you know that many of the fire extinguishers as installed within big box retail stores violate the ADA and ANSI A117.1 on multiple counts? They are both too high (higher than 48 inches to the handle) and they protrude too far (more than 4 inches) into the adjacent path of travel. This violates the civil rights of wheelchair users, people of small stature, and the blind.
The California Building Standards Code says that you must get a final determination from the local building official that your project has an unreasonable hardship. This is rarely granted for new construction. Existing buildings undergoing alteration are sometimes allowed to depart from the literal requirements of the building code only when equivalent facilitation is provided. 

Privately owned multi-family dwellings are not subject to the new CBC Chapter 11B accessibility requirements for EVCS. The new requirements do apply at public housing facilities which are defined below. CBC Chapter 11B accessibility requirements do not apply to Section 8 housing credit recipients – the Section 8 program is a housing voucher program, not a public housing program.
CVS is one of the largest convenience/pharmacy stores in the United States (hence the industry titled with medicine). In 2017, Kyla Reed, brought a case against CVS to curt after claiming that blind individuals are not able to access key features of the website that are directly integrated with its physical location. For example, if a blind person is unable to order prescriptions online, that is in direct violation with the ADA.

Seyfarth’s ADA Title III team consists of attorneys with extensive experience in ADA Title III litigation located in many offices across the United States, including California where plaintiffs are most active. With additional litigators admitted to practice in virtually every jurisdiction in the country, we have the resources to defend our clients against lawsuits and investigations on a nationwide basis and provide consistent and efficient service in national engagements. We have successfully defended against or resolved hundreds of lawsuits brought under Title III of the ADA and applicable state laws.

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?

EVCS required to be accessible by CBC Chapter 11B must have both, an accessible route to the facility entrance (see CBC Section 11B-812.5.1) and an accessible route from the vehicle space to the EVSE (see CBC Section 11B-812.5.2). No exceptions are provided but you can use existing accessible routes to help satisfy these requirements. These requirements are separate from, and are not limited by the 20% cost cap on path of travel improvements.
You may have noticed a common theme among these cases. Most of these cases’ plaintiffs were visually impaired individuals that couldn’t use their screen reading software with a website. It’s vital to note that disabilities extend well beyond blind individuals and all companies should adhere to all-encompassing best practices as it relates to ADA website compliance.
!function(n,t){function r(e,n){return Object.prototype.hasOwnProperty.call(e,n)}function o(e){return void 0===e}if(n){var i={},s=n.TraceKit,u=[].slice,l="?";i.noConflict=function(){return n.TraceKit=s,i},i.wrap=function(e){function n(){try{return e.apply(this,arguments)}catch(e){throw i.report(e),e}}return n},i.report=function(){function e(e){l(),h.push(e)}function t(e){for(var n=h.length-1;n>=0;--n)h[n]===e&&h.splice(n,1)}function o(e,n){var t=null;if(!n||i.collectWindowErrors){for(var o in h)if(r(h,o))try{h[o].apply(null,[e].concat(u.call(arguments,2)))}catch(e){t=e}if(t)throw t}}function s(e,n,t,r,s){var u=null;if(y)i.computeStackTrace.augmentStackTraceWithInitialElement(y,n,t,e),a();else if(s)u=i.computeStackTrace(s),o(u,!0);else{var l={url:n,line:t,column:r};l.func=i.computeStackTrace.guessFunctionName(l.url,l.line),l.context=i.computeStackTrace.gatherContext(l.url,l.line),u={mode:"onerror",message:e,stack:[l]},o(u,!0)}return!!f&&f.apply(this,arguments)}function l(){!0!==p&&(f=n.onerror,n.onerror=s,p=!0)}function a(){var e=y,n=d;d=null,y=null,m=null,o.apply(null,[e,!1].concat(n))}function c(e){if(y){if(m===e)return;a()}var t=i.computeStackTrace(e);throw y=t,m=e,d=u.call(arguments,1),n.setTimeout(function(){m===e&&a()},t.incomplete?2e3:0),e}var f,p,h=[],d=null,m=null,y=null;return c.subscribe=e,c.unsubscribe=t,c}(),i.computeStackTrace=function(){function e(e){if(!i.remoteFetching)return"";try{var t=function(){try{return new n.XMLHttpRequest}catch(e){return new n.ActiveXObject("Microsoft.XMLHTTP")}},r=t();return r.open("GET",e,!1),r.send(""),r.responseText}catch(e){return""}}function t(t){if("string"!=typeof t)return[];if(!r(x,t)){var o="",i="";try{i=n.document.domain}catch(e){}var s=/(.*)\:\/\/([^:\/]+)([:\d]*)\/{0,1}([\s\S]*)/.exec(t);s&&s[2]===i&&(o=e(t)),x[t]=o?o.split("\n"):[]}return x[t]}function s(e,n){var r,i=/function ([^(]*)\(([^)]*)\)/,s=/['"]?([0-9A-Za-z$_]+)['"]?\s*[:=]\s*(function|eval|new Function)/,u="",a=10,c=t(e);if(!c.length)return l;for(var f=0;f0?s:null}function a(e){return e.replace(/[\-\[\]{}()*+?.,\\\^$|#]/g,"\\$&")}function c(e){return a(e).replace("<","(?:<|<)").replace(">","(?:>|>)").replace("&","(?:&|&)").replace('"','(?:"|")').replace(/\s+/g,"\\s+")}function f(e,n){for(var r,o,i=0,s=n.length;ir&&(o=s.exec(i[r]))?o.index:null}function h(e){if(!o(n&&n.document)){for(var t,r,i,s,u=[n.location.href],l=n.document.getElementsByTagName("script"),p=""+e,h=/^function(?:\s+([\w$]+))?\s*\(([\w\s,]*)\)\s*\{\s*(\S[\s\S]*\S)\s*\}\s*$/,d=/^function on([\w$]+)\s*\(event\)\s*\{\s*(\S[\s\S]*\S)\s*\}\s*$/,m=0;m]+)>|([^\)]+))\((.*)\))? in (.*):\s*$/i,i=n.split("\n"),l=[],a=0;a=0&&(g.line=v+j.substring(0,x).split("\n").length)}}}else if(i=p.exec(o[w])){var _=n.location.href.replace(/#.*$/,""),T=new RegExp(c(o[w+1])),E=f(T,[_]);g={url:_,func:"",args:[],line:E?E.line:i[1],column:null}}if(g){g.func||(g.func=s(g.url,g.line));var k=u(g.url,g.line),A=k?k[Math.floor(k.length/2)]:null;k&&A.replace(/^\s*/,"")===o[w+1].replace(/^\s*/,"")?g.context=k:g.context=[o[w+1]],h.push(g)}}return h.length?{mode:"multiline",name:e.name,message:o[0],stack:h}:null}function w(e,n,t,r){var o={url:n,line:t};if(o.url&&o.line){e.incomplete=!1,o.func||(o.func=s(o.url,o.line)),o.context||(o.context=u(o.url,o.line));var i=/ '([^']+)' /.exec(r);if(i&&(o.column=p(i[1],o.url,o.line)),e.stack.length>0&&e.stack[0].url===o.url){if(e.stack[0].line===o.line)return!1;if(!e.stack[0].line&&e.stack[0].func===o.func)return e.stack[0].line=o.line,e.stack[0].context=o.context,!1}return e.stack.unshift(o),e.partial=!0,!0}return e.incomplete=!0,!1}function g(e,n){for(var t,r,o,u=/function\s+([_$a-zA-Z\xA0-\uFFFF][_$a-zA-Z0-9\xA0-\uFFFF]*)?\s*\(/i,a=[],c={},f=!1,d=g.caller;d&&!f;d=d.caller)if(d!==v&&d!==i.report){if(r={url:null,func:l,args:[],line:null,column:null},d.name?r.func=d.name:(t=u.exec(d.toString()))&&(r.func=t[1]),"undefined"==typeof r.func)try{r.func=t.input.substring(0,t.input.indexOf("{"))}catch(e){}if(o=h(d)){r.url=o.url,r.line=o.line,r.func===l&&(r.func=s(r.url,r.line));var m=/ '([^']+)' /.exec(e.message||e.description);m&&(r.column=p(m[1],o.url,o.line))}c[""+d]?f=!0:c[""+d]=!0,a.push(r)}n&&a.splice(0,n);var y={mode:"callers",name:e.name,message:e.message,stack:a};return w(y,e.sourceURL||e.fileName,e.line||e.lineNumber,e.message||e.description),y}function v(e,n){var t=null;n=null==n?0:+n;try{if(t=m(e))return t}catch(e){if(j)throw e}try{if(t=d(e))return t}catch(e){if(j)throw e}try{if(t=y(e))return t}catch(e){if(j)throw e}try{if(t=g(e,n+1))return t}catch(e){if(j)throw e}return{mode:"failed"}}function b(e){e=1+(null==e?0:+e);try{throw new Error}catch(n){return v(n,e+1)}}var j=!1,x={};return v.augmentStackTraceWithInitialElement=w,v.guessFunctionName=s,v.gatherContext=u,v.ofCaller=b,v.getSource=t,v}(),i.extendToAsynchronousCallbacks=function(){var e=function(e){var t=n[e];n[e]=function(){var e=u.call(arguments),n=e[0];return"function"==typeof n&&(e[0]=i.wrap(n)),t.apply?t.apply(this,e):t(e[0],e[1])}};e("setTimeout"),e("setInterval")},i.remoteFetching||(i.remoteFetching=!0),i.collectWindowErrors||(i.collectWindowErrors=!0),(!i.linesOfContext||i.linesOfContext<1)&&(i.linesOfContext=11),void 0!==e&&e.exports&&n.module!==e?e.exports=i:"function"==typeof define&&define.amd?define("TraceKit",[],i):n.TraceKit=i}}("undefined"!=typeof window?window:global)},"./webpack-loaders/expose-loader/index.js?require!./shared/require-global.js":function(e,n,t){(function(n){e.exports=n.require=t("./shared/require-global.js")}).call(n,t("../../../lib/node_modules/webpack/buildin/global.js"))}});

Mention ADA compliance to many web developers and you may encounter a blank stare. First, find an agency working with the web platform or framework you use and ask about how their development workflow addresses accessibility. Most platforms have a partner directory. From there, you can start vetting agencies for their actual experience with web accessibility.
Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
California leads other states by far in ADA lawsuits , according to the Seyfarth Shaw analysis. That may be because a California law sets a minimum dollar amount for damages of $4,000 plus attorney’s fees for each ADA violation, a minimum not imposed in most other states. The minimum, according to lawyers who defend such lawsuits, makes suing in California more lucrative.
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people.[43] The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified major bodily functions.[43] The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability.[43] In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability."[44] Thus the ADAAA led to broader coverage of impaired employees.
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation, including restaurants, movie theaters, schools, day care and recreational facilities, and doctors’ offices. All public places, as well as privately owned commercial facilities, are required to comply with ADA standards.

That would be great for a referral. I am trying to fid one on my own, and am striking out on this. I’m somewhat confused though by the recently passed CA law (smaller businesses with < 25 employees can take advantage of the ADA CASP program to avoid being liable for any type of payment. That's how I'd interpreted this new regulation). The thing is he was in fact told to do this 4 + years ago (I know for a fact). My concern is maybe county zoning would have no record of this (it was in a citation)? Or, my LL would suddenly have amnesia. Thanks too.


On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people.[43] The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified major bodily functions.[43] The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability.[43] In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability."[44] Thus the ADAAA led to broader coverage of impaired employees.

The Department of Justice’s (DOJ) rulemaking to create new website accessibility regulations is now officially dead, as we recently blogged. The lack of clear rules will lead to more litigation and inconsistent judicially-made law.  In fact, it appears that the DOJ will not be issuing any new regulations under Title III of the ADA about any subject, according to the agency’s December 26 announcement in the Federal Register repealing all pending ADA Title III rulemakings.
We are starting a project in an residential area that does not have existing sidewalks, we will have a backhoe working on the road digging holes what types of signage and how are we to deal with the ada requirements in an area that doesn’t have pre-existing sidewalks or a clearly delineated path? We want to be safe and comply. Thank you for your time
The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late 1988 and early 1989. In early 1989 both Congress and the newly-inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws.[27]
Though the building code does not regulate EVCS in the public right-of-way, accessibility is still required under the federal Americans with Disabilities Act. Since there are no explicit regulations it will be up to you to provide an accessible solution which is acceptable to the jurisdictional authorities. You may wish to refer to the new CBC Chapter 11B provisions as “guidelines” because they were crafted to address vehicle spaces that are parallel to the vehicular way as well as the more traditional pull-in space. In this case, you would apply the general requirements to curbside locations. Note that an explicit exception is provided in Section 11B-812.10.4 Exception 3.
Prior to making a preliminary certification determination, the Department often provides written technical assistance to the submitting jurisdiction. In its technical assistance letter, the Department could point out provisions of the submitted code that raise concerns or questions about equivalency with the ADA, and may suggest possible changes or revisions to achieve compliance with the ADA. Once a preliminary determination is made that a submitted code meets or exceeds ADA requirements, the submitting jurisdiction is notified, members of the public, including persons with disabilities, are notified, and the public is provided an opportunity to comment. If the preliminary determination of equivalency is sustained, the Department will issue a certification of equivalency.
!function(e){function n(t){if(r[t])return r[t].exports;var o=r[t]={i:t,l:!1,exports:{}};return e[t].call(o.exports,o,o.exports,n),o.l=!0,o.exports}var t=window.ansWebpackJsonpFunction;window.ansWebpackJsonpFunction=function(n,r,i){for(var s,u,l=0,a=[];l1)for(var t=1;tp)return!1;if(d>f)return!1;var e=window.require.hasModule("shared/browser")&&window.require("shared/browser");return!e||!e.opera}function u(){var e="";return"quora.com"==window.Q.subdomainSuffix&&(e+=[window.location.protocol,"//log.quora.com"].join("")),e+="/ajax/log_errors_3RD_PARTY_POST"}function l(){var e=i(h);h=[],0!==e.length&&c(u(),{revision:window.Q.revision,errors:JSON.stringify(e)})}var a=t("./third_party/tracekit.js"),c=t("./shared/basicrpc.js").rpc;a.remoteFetching=!1,a.collectWindowErrors=!0,a.report.subscribe(r);var f=10,p=window.Q&&window.Q.errorSamplingRate||1,h=[],d=0,m=o(l,1e3),y=window.console&&!(window.NODE_JS&&window.UNIT_TEST);n.report=function(e){try{y&&console.error(e.stack||e),a.report(e)}catch(e){}};var w=function(e,n,t){r({name:n,message:t,source:e,stack:a.computeStackTrace.ofCaller().stack||[]}),y&&console.error(t)};n.logJsError=w.bind(null,"js"),n.logMobileJsError=w.bind(null,"mobile_js")},"./shared/globals.js":function(e,n,t){var r=t("./shared/links.js");(window.Q=window.Q||{}).openUrl=function(e,n){var t=e.href;return r.linkClicked(t,n,e),window.open(t).opener=null,!1}},"./shared/links.js":function(e,n){var t=[];n.onLinkClick=function(e){t.push(e)},n.linkClicked=function(e,n,r){for(var o=0;o>>0;if("function"!=typeof e)throw new TypeError;for(arguments.length>1&&(t=n),r=0;r>>0,r=arguments.length>=2?arguments[1]:void 0,o=0;o>>0;if(0===o)return-1;var i=+n||0;if(Math.abs(i)===Infinity&&(i=0),i>=o)return-1;for(t=Math.max(i>=0?i:o-Math.abs(i),0);t>>0;if("function"!=typeof e)throw new TypeError(e+" is not a function");for(arguments.length>1&&(t=n),r=0;r>>0;if("function"!=typeof e)throw new TypeError(e+" is not a function");for(arguments.length>1&&(t=n),r=new Array(s),o=0;o>>0;if("function"!=typeof e)throw new TypeError;for(var r=[],o=arguments.length>=2?arguments[1]:void 0,i=0;i>>0,o=0;if(2==arguments.length)n=arguments[1];else{for(;o=r)throw new TypeError("Reduce of empty array with no initial value");n=t[o++]}for(;o>>0;if(0===o)return-1;for(n=o-1,arguments.length>1&&(n=Number(arguments[1]),n!=n?n=0:0!==n&&n!=1/0&&n!=-1/0&&(n=(n>0||-1)*Math.floor(Math.abs(n)))),t=n>=0?Math.min(n,o-1):o-Math.abs(n);t>=0;t--)if(t in r&&r[t]===e)return t;return-1};t(Array.prototype,"lastIndexOf",c)}if(!Array.prototype.includes){var f=function(e){"use strict";if(null==this)throw new TypeError("Array.prototype.includes called on null or undefined");var n=Object(this),t=parseInt(n.length,10)||0;if(0===t)return!1;var r,o=parseInt(arguments[1],10)||0;o>=0?r=o:(r=t+o)<0&&(r=0);for(var i;r
At least one accessible route within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones, and public streets or sidewalks, to the accessible building entrance they serve. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall connect accessible buildings, facilities, elements and spaces that are on the same site.
Enforcement of the ADA, is typically left to private individuals and by necessity their attorneys.  When an individual with a disability encounters a condition that inhibits their access or use of a building or facility in 49 states other than California, they are able to file suit and obtain correction of the condition.  If an individual with a disability encounters the same condition in California, they are immediately eligible for $4,000 in statutory damages under California’s Civil Code Section 52, which makes any violation of the ADA (no matter how small) a violation of an individual’s civil rights.  This has unfortunately created a significant cottage industry in California, where attorneys (operating under the umbrella of “facilitating access for the disabled”) will go after businesses with ADA violations, to simply pocket the $4,000 in statutory damages with an additional couple of thousand for attorney’s fees.
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.[38] 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.[39]
The Americans with Disabilities Act (ADA) was developed in 1990 and is meant to ensure that people with disabilities have the same opportunities as anyone else. This means any businesses that serve the public must make sure their building accommodates people with disabilities of various kinds. And now that the internet is so widely used, ADA compliance also applies to websites and even mobile apps. Basically, this means that your website needs to be accessible to people who have disabilities that affect their hearing, vision or physical capacities.
CVS is one of the largest convenience/pharmacy stores in the United States (hence the industry titled with medicine). In 2017, Kyla Reed, brought a case against CVS to curt after claiming that blind individuals are not able to access key features of the website that are directly integrated with its physical location. For example, if a blind person is unable to order prescriptions online, that is in direct violation with the ADA.
About our methodology:  Our 2018 numbers are based on searches using keywords of data from the Courthouse News Services.  Thus, it is possible that there are some website accessibility cases that were not captured in the searches if their descriptions did not include the keywords.  We then review the thousands of entries manually to remove lawsuits that may be about websites but are not about a website’s accessibility to a user with a disability.  For example, there were a number of lawsuits in 2018 brought by plaintiffs with mobility disabilities alleging that the reservations websites of hotels did not provide adequate information about the accessibility of hotel facilities.  We also removed a number of lawsuits brought against state and local government entities under Title II of the ADA for having inaccessible websites.
Now that we have established the risks, where do we go from here? First, companies should run an accessibility scan of their webpages. There are numerous free online tools that can be used, including: http://www.wave.webaim.org and https://achecker.ca/checker/index.php. This will provide an overview of potential issues that need to be resolved. If you have in-house developers or IT, this is best handled by them. Second, look into getting ADA compliant before you receive a demand letter. Be aware however, that compliance is not cheap. Depending on your website, how much hand holding your company needs, and a few other variables, you could be looking at spending $25,000 – $50,000, on average. Third, if you receive a demand letter, make sure you hire counsel that has experience with these cases. Various legal arguments have been raised to dismiss these cases at the outset – some have been successful, but many have not. You have to consider all available options. And finally, since this will not be addressed by the DOJ anytime soon, ask your Congressperson to make sure guidelines are enacted as soon as possible. Those guidelines should take into account a business’ operations and size.
For close to seven years, since July of 2010, the United States Department of Justice (DOJ) has talked about issuing regulations specifically about web accessibility. At that time the US Department of Justice (DOJ) began developing accessibility guidelines for public websites under Title III of the Americans with Disabilities Act (ADA). On December 26, 2017, the Department announced that those regulations were officially withdrawn.
SDG&E is refusing to approve my new residential solar installation because they require a 24″ clearance in all directions for their gas meter located on the side of my house. They refuse to grant a 4″ variance for one of the solar meters which is located about 3 feet above and to the right of gas meter. The encroaching solar meter would have to be moved 30 feet over a fixed stucco wall which would require me to walk all the way around the house instead of 10 feet to the current location. I would also be required to allow 24hr/7 day a week access to the Solar Company, SDG&E and City workers into my side and rear yards which is an unnecessary invasion of my privacy. If they trip and fall or have any accident as a result of an alleged dangerous condition of my property they can sue me outside of their workers comp plan and my home owners insurer will be required to pay and then raise my rates or drop my coverage. Can I ask that SDG&E grant the 4″ variance based on the ADA and the severe osteoarthritis I have in my hips and knees? I have had 4 surgeries so far and soon will need double knee and hip replacement surgeries.
For federal institutions, Section 508 makes it very clear that all federal-related websites must be accessible to all individuals, with and without disabilities. For private commercial websites, the Department of Justice (DOJ), which enforces the ADA, has made it clear that it interprets the ADA as applicable to websites. In 2010, the DOJ issued an Advanced Notice of Proposed Rulemaking to specifically ensure all websites, public and private, are subject to ADA compliance. The DOJ’s proposed amendments to the ADA were initially expected in Spring of 2016 but have now been pushed back to 2018.
I went to the leasing agent to question this anomaly. She didn’t bother to look at me but merely waved her hand and said all the countertops are the same height. I had no choice but to settle in with this quandary and made a decision and start saving to move. Then I visited a friends apt and saw his countertops were the industry standard of 36″. I took picture of his and mine side by side. Showed it to management and they still maintained they were all the same height and ignored me.
The World Wide Web Consortium (W3C) established the main international standards and accessibility for the World Wide Web. The WCAG is created by the W3C to provide a standard for web content accessibility that can be shared around the world. The WCAG is meant to accompany organizations as a sort of blueprint on how to make their websites ADA compliant.

Since March 15, 2012, ADA compliance with the 2010 Standards will be required for new construction and alterations. In the period between September 15, 2010 and March 15, 2012, covered entities may choose between the 1991 Standards ADA Compliance (without the elevator exemption for Title II facilities), the Uniform Federal Accessibility Standards (Title II facilities only), and the 2010 Standards ADA Compliance.
×