Olmstead v. L.C.[65] was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.
All work is required to comply with the applicable codes, standards and ordinances. Parking ordinances are typically adopted within each city and county in California. Consistent with the state’s policies on electric vehicles, DSA encourages city and county officials to recognize the necessary impact of EVCS and adopt responsive ordinances consistent with the local needs.
The legal issue for websites is whether website operators are operating “a place of public accommodation.” The statute lists 12 different types of public accommodations including somewhat of a catchall that includes “other sales or rental establishment.” The list, created when the law was passed in 1988, conceivably covers most commercial establishments, but does not expressly include websites.
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The presentation linked below is intended to provide an overview of the requirements to plan for and provide accessibility to electric vehicle charging stations in California. The full scoping and technical requirements of the California Building Code regulations for electric vehicle charging stations should be reviewed and applied in the design and construction of electric vehicle charging stations. The full text of the California Building Code regulations can be viewed at Building Standards Commission (Part 2, Volume 1). The building code amendments include provisions in Chapter 2 (Definitions) and Chapter 11B (Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing).
Claims: The Department of Justice launched an investigation into the NMCP’s compliance with title III of the Americans with Disabilities Act and found that it failed to make all of its exhibits, public programs and other offerings accessible to individuals with disabilities; failed to provide necessary auxiliary aids and services to ensure efficient interaction with people with disabilities.
CDI will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in CDI's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communication accessible to people who have speech, hearing, or vision impairments.
Ashdown Architecture is a full service architectural firm with significant expertise addressing complex access compliance issues in buildings and facilities throughout California.  We are committed to improving access to the built environment for individuals with disabilities, by providing information, education and solutions to business and property owners.  Ashdown Architecture is certified by the California Division of State Architect as a Certified Access Specialist (CASp).

The debate over the Americans with Disabilities Act led some religious groups to take opposite positions.[32] The Association of Christian Schools International, opposed the ADA in its original form.[33] primarily because the ADA labeled religious institutions "public accommodations", and thus would have required churches to make costly structural changes to ensure access for all.[34] The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations".[24]
In April of 2011, the DOJ reached a settlement with Law School Admission Council (LSAC). A complaint was brought by the National Federation of the Blind claiming, in part, that barriers on the www.lsac.org website made it impossible for blind students to register for the LSAT. The DOJ joined in this lawsuit and is a signatory to the settlement agreement wherein LSAC agreed to provide “Full and Equal Access” to the lsac.org website, no later than September 1, 2011.  “Full and Equal Access” meant that “www.lsac.org meets the nonvisual requirements of WCAG 2.0, level AA and that blind guests using screen-reader software may acquire the same information and engage in the same transactions as are available to sighted guests with substantially equivalent ease of use.”
I live in Sacranento ca, my parents shop at the 99 cent store they incountered a problem, my dad uses a power scooter to get around, well he can no long go into that store because his power scooter can’t fit down the isle and has a hard time making turns, I even had a hard time fitting the shopping cart because of all the boxes and pallets that are in the way and also by the produce area, I need help, I tried contacting the store but I got no where with them.
I am in a wheelchair. I have to go to my local hospital (in California) for some outpatient services. My problem is that I cannot open the rest room door from the hallway into the bathroom or from inside the bathroom back out into the hallway. It’s the same with every bathroom accessible to the public. There isn’t any type of automatic device for opening the door to get into or out of the bathroom. If I’m by myself, I have to wait for someone to come along to open the door for me. Once inside the bathrooms, the stalls and the sinks are accessible. It’s getting into and out of the bathrooms that is a problem. I know other people have the same problem. But nothing has ever been done in response to complaints. Are hospitals exempt from the ADA?
"Equivalent facilitation" is an alternate means of complying with the literal requirements of these standards and specifications that provides access in terms of the purpose of these standards and specifications. In determining equivalent facilitation, consideration shall be given to means that provide for the maximum independence of persons with disabilities while presenting the least risk of harm, injury, or other hazard to such persons or others.

The "building official" is the officer or other designated authority charged with the administration and enforcement of this code, or the building official's duly authorized representative in accordance with state law. Local cities and counties have building officials who regulate construction in their jurisdiction. State funded construction on state property is often regulated by a state agency, such as the Division of the State Architect. Sometimes public construction has more than one building official — each has separate jurisdictional oversight responsibilities.

At IPWatchdog.com our focus is on the business, policy and substance of patents and other forms of intellectual property, such as copyrights and trademarks. Today IPWatchdog is recognized as one of the leading sources for news and information in the patent and innovation industries. In January 2014 we were honored to be inducted into the ABA Blawg Hall of Fame after being recognized for 3 years as the top IP blog on the Internet.
Specific accessibility barriers that blocked claimants access to the site were a lack of alt text or a text equivalent embedded into graphical images; empty links that cause confusion for users of screen-reading software; redundant links that cause navigation issues and repetition for users of screen-reading software; linked images without alt text to inform the user about the function of the link.
In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush. It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.[3]

An "adaptable dwelling unit" is a dwelling unit in a building with a building entrance on an accessible route designed in such a manner that the public and common use areas are readily accessible to and usable by a person with a disability, and all doors are designed sufficiently wide to allow passage into and within all premises by persons who use wheelchairs as required by the building code.
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.
The lack of regulations here has led to the absolute worst-case scenario. People with disabilities have not been served since most companies are unaware this is an issue. Most don’t even realize this is something they have to consider until they receive a demand letter. That has certainly been the case for some of my clients. This leads to a scramble to get compliant. Unfortunately, it can take up to a year to do so depending on the complexity of the site. Meanwhile, plaintiffs’ attorneys across the country are taking advantage of the confusion. More than 260 website accessibility lawsuits were filed in 2016, and significantly more were filed by the end of 2017. But these numbers do not even begin to cover the cases that are settled pre-litigation.
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.
One of the first major ADA lawsuits, Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers (PVA 1996) was focused on the wheelchair accessibility of a stadium project that was still in the design phase, MCI Center (now known as Capital One Arena) in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case[69][70] and another related case[71] established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.
According to Law360, over 240 federal ADA website compliance lawsuits were filed in 2016 alone. As stated by Seyfarth Shaw, the trend continued through 2017 with an astonishing 814 ADA website accessibility lawsuits filed. A more recent Seyfarth Shaw Synopsis states that web accessibility cases filed to federal court showed no signs of stopping during the first 6 months of 2018 and there have already been at least 1053 ADA lawsuits filed. Most of them were coming from California, New York and Florida residents with disabilities.
I am hearing impaired with one hearing aide and a cochlear implant in the other ear. It is becoming increasing harder for me to hear on the phone, in fact I have been texting as my first method of communication. On Tues I had a hearing test done, my hearing loss is progressively getting worse. Must cellular companies offer visual texting FREE to people under ADA? I live in CA. I am certified by the State of CA to be legally deaf.
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 presentation linked below is intended to provide an overview of the requirements to plan for and provide accessibility to electric vehicle charging stations in California. The full scoping and technical requirements of the California Building Code regulations for electric vehicle charging stations should be reviewed and applied in the design and construction of electric vehicle charging stations. The full text of the California Building Code regulations can be viewed at Building Standards Commission (Part 2, Volume 1). The building code amendments include provisions in Chapter 2 (Definitions) and Chapter 11B (Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing).
CDI will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in CDI's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communication accessible to people who have speech, hearing, or vision impairments.
Ashdown Architecture is a full service architectural firm with significant expertise addressing complex access compliance issues in buildings and facilities throughout California.  We are committed to improving access to the built environment for individuals with disabilities, by providing information, education and solutions to business and property owners.  Ashdown Architecture is certified by the California Division of State Architect as a Certified Access Specialist (CASp).
I have lived at my current residence for 1 year now. Last month I was prescribed by my Dr an Emotional Support Pet. This week I received an eviction notice stating that the dog I have was not prior approved and outweighed the current apartment pet policy. Do I have a right to request reasonable accommodations for my Support animal and if my Landlord refuses, what can I do?
I have a client that lives in an apartment complex with no ramp access and she was just approved and delivered a new Power Chair. The stairs are 28″ tall. We provided a ramp but it interferes with the gate that opens. The landlord is trying to find a solution but doesn’t want to put out any money if h doesn’t have too. I suggested to the land lord to build a ramp including a landing that we can install the approved portable ramp onto that was interfering with the gate and place it so it runs parallel with the gate to accommodate the client. We are not company that can install modular ramps (at this time) but the landlord doesn’t seem to want to help much and I was trying to get an answer for him of exactly what his responsibility is since this is the first time that we have encountered an issue with the portable ramps.
I work in a building with five businesses and two residences, there is only one handicapped parking space that one of the residences parks permanently in, her car rarely moves. She has two cars one is parked in a regular space & the other is in the handicap. This creates no handicap parking spaces for customers. Is this compliant in San Diego County? If not what can be done? A conversation has taken place with the owner of the building, he is not willing to give the tenant her own residential handicap spot and leave another handicapped spot for customers. He’s not willing to do anything.
In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush. It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.[3]
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