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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?
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.
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.
Currently, while storefronts, public areas and public bathrooms must legally take measures to accommodate everyone with disabilities, online ADA compliance is not mandatory on anything but government-managed websites. Instead, these rules act as guidelines to ensure that disabled people have the same ability to access and read/view your website as everyone else.
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.

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
In one case where the defendant, Bang & Olfusen, won its motion to dismiss, the court noted that the plaintiff had failed to plead a nexus between the physical place of public accommodation and the website in question. In the other case, the court dismissed the claims made against Domino’s because requiring the defendant to comply with a set of web accessibility guidelines that are not yet law would violate due process principles.  The Domino’s decision is on appeal and will be reviewed by the Ninth Circuit in 2018.  Our post about these cases is here.
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.
Error prevention on important forms (3.3.4): For pages that create legal commitments or financial transactions or any other important data submissions, one of the following is true: 1) submissions are reversible, 2) the user has an opportunity to correct errors, and 3) confirmation is available that allows an opportunity to review and correct before submission.
1:15 PM, Nov. 12, 2018 This story incorrectly says that nearly 5,000 ADA lawsuits were filed in federal court for alleged website violations in the first six months of 2018 and that 10,000 were projected to be filed by year’s end, up 30% from 2017. Those numbers actually refer to all ADA lawsuits for disability discrimination involving public accommodation filed in that period. Of those suits, lawsuits alleging website accessibility violations totaled 1,053 in the first six months, a number that is projected to rise to 2,000 by year’s end, up 90% from 2017.
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
As of 2015 the ADA had improved access to public services, the built environment (e.g., crosswalks with curb cuts and accessible pedestrian signals), understanding of the abilities of people with disabilities, established a right to equal access to public services and has demonstrated the contributions which people with disabilities can make to the economy. Disparities have remained in employment, earned income, Internet access, transportation, housing, and educational attainment and the disabled remain at a disadvantage with respect to health and health care.[45]
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
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.
Buildings and facilities required to comply with Chapter 11B, including public housing facilities, are required to comply with the CBC Chapter 11B accessibility provisions for EVCS. This includes the accessible route requirements for installation of EVCS. In addition, an accessible path of travel is required where EVCS are installed at existing facilities where vehicle fueling, recharging, parking or storage is a primary function. These types of facilities include gas stations, stand-alone parking lots and stand-alone parking structures. Compliance with path of travel requirements is required to the maximum extent feasible without exceeding 20 percent of the cost of the work directly associated with the installation of EVCS (see Section 11B-202.4 Exception 10).

Complaints that a program, service, or activity of CDI is not accessible to persons with disabilities should be directed to ADA Coordinator at 916-492-3388 or by e-mail at [email protected]  CDI will not place a surcharge on individuals requesting auxiliary aids/services or reasonable modifications of policy that is not also extended to persons without disabilities.
Heather is a regular speaker on hot topics in Internet law, technology, cyber security, and IP law. She has been named a Super Lawyer Rising Star and Top Attorney. Heather is currently serving as the Program Chair for the California State Bar Intellectual Property Section's Technology, Internet, and Privacy Interest Group. Heather can be reached at [email protected]

When a building, or portion of a building, is required to be accessible or adaptable, an accessible route of travel shall be provided to all portions of the building, to accessible building entrances and between the building and the public way. Except within an individual dwelling unit, an accessible route of travel shall not pass though kitchens, storage rooms, restrooms, closets or other spaces used for similar purposes.
The home we own was previously used as a hospice care home. It appears to be completely ADA compliant. We are going to be renovating our back patio and will be demoing the current one completely. Our deck builder has said when they build the new deck, it will start two inches lower than the current one in purser to meet code standards. We do not have anyone who lives here that needs it to be ADA, just aging parents that visit. That two inch step down will make it difficult for them to navigate, especially one parent who can’t do any steps at at all. Even though we are not a business, can we still have our home to be ADA compliant? Are there different codes for residents vs businesses? Thank you

Explain to the plaintiff that you’ve reviewed the grievance and talked with a lawyer. It may be best to explain the ADA guidelines, and that proposed laws are not currently laws, nor are there current penalties for violating these proposed laws. Knowing that you’ve gone to this trouble can sometimes scare away anyone attempting to file a lawsuit. It’s best to let your attorney contact the plaintiff when making statements.


I am finishing construction of an 18 unit apartment building in the City of Los Angeles. I have an ADA compliant lift going up/down the handrail for the entrance to the building. When down, all of the mechanical equipment is on may property but the lift platform encroaches the City sidewalk during ingress/egress. The lift is stored at the top when not in use, so the only time of encroachment is in the down position.

If the lift encroaches into the City’s property (presuming they allow that), my concern is less regarding an ADA issue and more regarding a potential tripping hazard when the lift is down. WE have on occasion, when a temporary ramp is used to provide access over a single step, also used orange traffic cones to alert pedestrians about a potential tripping hazard.

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