What I suspect you are looking for is advice about how to make your home “accessible” for your aunt and uncle. The ADA and the accessibility requirements of the California Building Code are specifically for “facilities offering goods and services to the public.” As to making your home more accessible, an architect or a good contractor can help you. You can also find accessibility requirements in our digital guide to accessibility compliance in California (ADA4CA) which is available on iTunes, Amazon and Barnes & Nobel.

Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disabilities Act, because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz found that the "virtual ticket counter" of the website was a virtual construct, and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."[76]
Path of travel is a term exclusively used in CBC Chapter 11B within the context of alterations to existing sites (see Section 11B-202.4, including Exception 10). For EVCS projects it only applies 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 (see Section 11B-202.4 Exception 10). When an accessible path of travel is required, an accessible path of travel to the specific area of alteration shall be provided; this path of travel, by definition in Chapter 2 of the CBC, includes a primary entrance to the building or facility, toilet and bathing facilities serving the area of alteration, drinking fountains serving the area of alteration, public telephones serving the area of alteration, and signs as well as accessible routes which connect the area of alteration with site arrival points such as sidewalks, streets, and accessible parking (see CBC Section 11B-202.4). These listed elements – primary entrance, toilet and bathing facilities, drinking fountains, public telephones, signs and site arrival points as well as accessible routes connecting all of them – are sometimes called “path of travel elements.” These elements are required to comply with the current code requirements or be brought into compliance when an alteration occurs. Compliance 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). 

Accessibility to buildings or portions of buildings shall be provided for all occupancy classifications except as specifically modified by the building code. Individual occupancy requirements in the code may modify the general requirements for accessibility, but never to the exclusion of them entirely — unless the requirements for an individual occupancy specifically overrides a general requirement. Multistory buildings must provide access by ramp or elevator, with elevator exceptions available for some buildings. Generally, two story office buildings are not required to have elevators, although all other accessible features are still required on upper floors.
In June of 2003, the DOJ issued a document appropriately entitled, “Accessibility of State and Local Government Websites to People with Disabilities.” References were made to Section 508 accessibility Standards and Web Content Accessibility Guidelines (WCAG). By 2010, the DOJ issued an Advance Notice of Proposed Rulemaking (ANPR), entitled “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations.” That document provides that, “Title III reaches the Web sites of entities that provide goods or services that fall within the 12 categories of ‘public accommodations’ as defined by the statute and regulations.” It also sought input on whether the DOJ should adopt “the WCAG 2.0’s Level AA Success Criteria as its standard for Web site accessibility for entities covered by Titles II and III of the ADA.”
Hello, we are thinking of leasing the second floor of a renovated Victorian home for our business. The business is an office where we service insurance claims but the nature of the business is such that we would not have business invitees (such as insureds and claimants). The building has an exterior stairway to access the level we are going to lease. There is no elevator and one is not contemplated. For our use, it is fine but does it have to have an elevator just for the sake of use as a business, despite the lack of being for actual “public” use? Thank you!
I fully support ADA requirements and the DGS' efforts. We are reconstructing a 325 space parking lot. 8% will be EVSE ready. 32 EVSE will be installed initially. Including EVSE required ADA spaces, new plan results in 322 spaces. Parking facility no longer complies with minimum parking requirements for facilities. Any suggestions for resolving this conflict for reworking of existing sites subject to CALGreen?
Title III of the Americans with Disabilities Act (ADA) authorizes the United States Department of Justice to certify that state laws, local building codes, or similar ordinances meet or exceed the ADA Standards for Accessible Design for new construction and alterations. Title III applies to public accommodations and commercial facilities, which include most private businesses and non-profit service providers.
Like the Domino’s Pizza case, Luc Burbon, a visually impaired individual, sued the Fox News Network because it didn’t meet WCAG 2.0 standards. According to the article cited below, the website blocked Luc from being able to receive goods and services available at Fox News’ physical locations (including live broadcasts and tapings that audience members can attend).
I have a grand daughter who is 6 months pregnant and lives in an apartment building where the elevator is one from the 1950’s and it is always breaking down taking weeks before it is even fixed, it is a five story apartment building, she lives on the 5th floor making it very difficult for her, is there anyway she can be helped or does this not fall under this act? Thank you for any information you may be able to provide me, can she be released from her lease
The CBC Chapter 11B accessibility requirements for EVCS do not distinguish between the different EVCS standards like those listed. However, building officials may view different types of service as separate facilities. Where different types of EVCS service are provided at a location, the code enforcement official must determine the applicability of Table 11B-228.3.2.1.
In general, when alterations are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration shall be provided; this path of travel includes a primary entrance to the building or facility, toilet and bathing facilities serving the area of alteration, drinking fountains serving the area of alteration, public telephones serving the area of alteration, and signs as well as accessible routes which connect the area of alteration with site arrival points such as sidewalks, streets, and accessible parking (see CBC Section 11B-202.4). In general, these listed elements, if provided on the site, are required to comply with the current code requirements or be brought into compliance when an alteration occurs. In the context of EVCS, this scheme will apply when 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 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).
In 2014, the DOJ filed a Complaint in Intervention on a pending case between the National Federation of the Blind and H & R Block. According to that Complaint, “the inaccessibility of H&R Block’s website prevents people with disabilities from independently preparing and filing taxes online, downloading tax preparation software, etc.” The settlement was broken down into two phases: Phase I- (to be completed by 01/2015) H&R Block shall ensure that www.hrblock.com and the Online Tax Preparation Product conform to, at minimum, the Web Content Accessibility Guidelines 2.0 Level A and AA Success Criteria (“WCAG 2.0 AA”). And Phase II- (to be completed by 01/2016) H&R Block shall ensure that its mobile applications conform to, at minimum, the WCAG 2.0 AA.
Looking at CalGreen 5.106.5.3, we must provide the conduits and panel capacity for future installation for the required number of spaces (2 in this case). However, it is only when the equipment is to be installed that we need to refer to CBC and CEC. Section 11B-228.3.1 also reiterates this. Therefore, we would show the location of the conduit stub outs adjacent to 2 current parking spaces and would show space on the electric panel for the future equipment – and that is all. At this time, we do not need to show the requirements for EV accessibility when equipment is installed per Chapter 11B. Is my interpretation correct?
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.

The regulations in California were developed by the Division of the State Architect, Access Compliance, eight years before the United States Congress passed the ADA. The current California Building Standards Code was written to provide a single code which would meet all of the most stringent requirements of the original California Building Standards Code, as well as the 1991 Federal Fair Housing Amendments Act and the Americans with Disabilities Act Accessibility Guidelines.
The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "...perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added, "Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
The CBC Chapter 11B accessibility requirements for EVCS do not distinguish between the different EVCS standards like those listed. However, building officials may view different types of service as separate facilities. Where different types of EVCS service are provided at a location, the code enforcement official must determine the applicability of Table 11B-228.3.2.1.
Resolution: Claimant called for a permanent injunction against Fox News, requiring them to take all steps necessary to make its website fully accessible and conform to accessibility standards. Burbon also sought for compensatory, statutory and punitive damages for violations of New York State Human Rights Law and Civil Rights Law, court costs and attorneys’ fees, all with pre- and post-judgment interest. The parties reached a website ADA settlement agreement and the case was dismissed.
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 Department of Justice provides technical assistance to jurisdictions that are in the process of adopting or amending their accessibility requirements and would like the Department's views regarding the extent to which the proposed requirements comply with or exceed ADA accessibility requirements. To obtain technical assistance, the jurisdiction submits a written request to the Department along with the proposed accessibility requirements and any appropriate supporting materials (for example, information concerning any model code or statute on which the proposed requirements are based; copies of any statute, standard, or regulation referenced in the proposed requirements; and any relevant manuals, guides, or other interpretive information about the proposed code or about provisions of the proposed code that are carried over from a pre-existing code or requirement). The same Department of Justice staff who review certification requests for finally enacted accessibility requirements will undertake a review of the proposed code for technical assistance purposes only. ADA certification, however, can only be granted for finally enacted codes and requirements that are capable of administration under state law.
Now more than ever, search engines are evolving to crawl pages with more human intention. A key element of WCAG is accessibility to screen readers, and these readers crawl your website pages similarly to search engines. If your website meets the Web Content Accessibility Guidelines, it will likely appeal to users, search engines, and screen readers alike, ultimately improving your SEO endeavors. For this reason, meta tagging, alternative image text, and video transcripts should be seriously considered.
There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places, or properties designated as historic under state or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used.
my dad broke his hip the other day, and two months ago he had a hip replacement. well he lives in a mobile home park and they will not allow him to put a temporary ramp because they state they are commercial. However there are a number of homes that have these kinds of ramps and are permanent, he only wants it till he recovers what can we do to get to be able to have the ramp?
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I have an ADA placard for my car and we go to Dodger Stadium alot through out the year. We have been told by employees that if all the marked stalls are taken and we haven’t paid the $35 to park in the closer lot that we have to park in a different lot , which is quite a bit farther to walk because I only paid the $15 general parking fee. Is this right?
Many members of the business community opposed the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive."[35] The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA "a disaster for small business."[36] Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities.[37]
For instance, if you have a video that displays the benefits of your product, but it doesn’t have captions, then people who are deaf or hard of hearing will not get to find out how great your product is. The same goes for when you have images with no alternate text. The point of the alternate text is to allow screen reading tools to describe the image to someone who is blind, so if you don’t have that text, some of your audience will miss out. Similarly, it’s important to ensure your website is fully accessible without a mouse so that people with physical limitations can use it.
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.

The California Fair Employment and Housing Act (FEHA) prohibits employment practices that discriminate against an applicant or employee on the basis of an actual or perceived physical or mental disability or medical condition, unless the condition prevents the employee from performing the essential functions of the job or affects the health and safety of the individual or fellow employees. FEHA also prohibits discrimination based on an individual's genetic information and harassment based on an actual or perceived protected characteristic. FEHA covers private employers with five or more employees and all public employers, except for the harassment provision that applies to all public and private employers, regardless of size (CA Gov. Code Sec. 12926).


Accessibility is required to all covered multifamily dwellings on the lowest floor in buildings without elevators. Certain exceptions apply to multistory units, or smaller buildings such as single or duplex units. In covered multifamily dwellings in buildings with elevators, all units are required to be located on an accessible route. Within the units, the requirements are for accessibility are allowed to be for adaptable dwelling units.
Parking requirements for multi-unit residential buildings vary depending on when the building was constructed / first occupied, who owns the building, and whether public money funded construction of the building. In general, if your building was originally occupied after 3/13/91, then the requirements of the California Building Code Chapter 11A apply.
We have some accessibility issues with the sidewalks and telephone poles that are in the center of the walks. This does not allow for a wheelchair to travel on the sidewalk. Also, the walks have huge cracks so there are different levels in the walk. In addition, at one point wheel chairs must circumvent blockage by traveling into the street which has a 45 mph speed limit. Is there a source to let the city know they need to do corrections? Is this an ADA non-compliance issue?

Three defendants were able to dismiss website access lawsuits early because they had already entered into consent decree or settlement agreements with previous plaintiffs which required them to make their websites conform to the WCAG 2.0 within a specified amount of time. That said, not all courts agree that a prior settlement — as opposed to a binding judgment or court order — can be the basis for a dismissal.
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Monica is the creative force and founder of MayeCreate. She has a Bachelor of Science in Agriculture with an emphasis in Economics, Education and Plant Science from the University of Missouri. Monica possesses a rare combination of design savvy and technological know-how. Her clients know this quite well. Her passion for making friends and helping businesses grow gives her the skills she needs to make sure that each client, or friend, gets the attention and service he or she deserves.

And once those new customers tell their friends and relatives how they found your website, more people will know you made sure to make it ADA compliant. The fact that you put this effort into ensuring everyone was included will set you apart from your competitors. Therefore, making your site ADA compliant is a great way to get some positive press for your business.
I am opening a new business in CA, and the city is requiring us to install a new egress door. The problem is, this egress door leads out to nothing but dirt and grass. I was told by the cities chief building official that we have to have a 5′ x 5′ landing pad outside the door, and that’s all. However, one of his inspectors is telling me that he is wrong, and that we must connect that pad to an existing walkway, 15′ away. Who do I listen to?
Tennessee v. Lane[80], 541 U.S. 509 (2004), was a case in the Supreme Court of the United States involving Congress's enforcement powers under section 5 of the Fourteenth Amendment. George Lane was unable to walk after a 1997 car accident in which he was accused of driving on the wrong side of the road. A woman was killed in the crash, and Lane faced misdemeanor charges of reckless driving. The suit was brought about because he was denied access to appear in criminal court because the courthouse had no elevator, even though the court was willing to carry him up the stairs and then willing to move the hearing to the first floor. He refused, citing he wanted to be treated as any other citizen, and was subsequently charged with failure to appear, after appearing at a previous hearing where he dragged himself up the stairs.[81] The court ruled that Congress did have enough evidence that the disabled were being denied those fundamental rights that are protected by the Due Process clause of the Fourteenth Amendment and had the enforcement powers under section 5 of the Fourteenth Amendment. It further ruled that "reasonable accommodations" mandated by the ADA were not unduly burdensome and disproportionate to the harm.[82]
The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "...perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added, "Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
Looking at CalGreen 5.106.5.3, we must provide the conduits and panel capacity for future installation for the required number of spaces (2 in this case). However, it is only when the equipment is to be installed that we need to refer to CBC and CEC. Section 11B-228.3.1 also reiterates this. Therefore, we would show the location of the conduit stub outs adjacent to 2 current parking spaces and would show space on the electric panel for the future equipment – and that is all. At this time, we do not need to show the requirements for EV accessibility when equipment is installed per Chapter 11B. Is my interpretation correct?
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).

We are also being asked to show the future space for the 1 Van accessible EV space that would be required in the future, if the equipment was installed. And due to the requirement for the access aisle beside this space, in the future it would be converted to an access aisle resulting in the loss of one parking space. As this project is right at the required number of parking spaces per zoning, it is not acceptable to the zoning reviewer to sign off on a plan that shows a “future access aisle for future EV van accessible charging space,” as they are approving the loss of a parking space, even though this would not happen until a future condition, upon which I assume there would be some review process for installation of EV charging equipment. What is the appropriate path forward in this situation?
If those together don’t make the opening big enough, it might be possible to reconstruct the whole doorway and door, depending on the construction of the building. I rebuilt one doorway in my own home and it only cost around $1,000-$1500 – and that was using a very high end contractor. It was also wood frame construction and drywall, in a non-bearing wall; you’ll have a different scenario, of course, with steel, or with masonry, and/or plaster and lathe, and if it’s a bearing wall.
If a building or facility has been inspected by a Certified Access Specialist, and is subsequently the subject of an ADA lawsuit, the owner of the property can request a “stay” of proceedings for 90 days, which stops the legal process and provides an opportunity for the plaintiff and defendant to resolve whatever issues may need to be addressed.   An inspection by a Certified Access Specialist won’t guarantee that a property will not be subject to an ADA lawsuit, but it will  significantly reduce the likelihood that an ADA attorney will go after the property looking for $4,000 in statutory damages.
At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements and with all accessible dwelling units within the building or facility. An accessible route shall connect at least one accessible entrance of each accessible dwelling unit with those exterior and interior spaces and facilities that serve the accessible dwelling unit.
The other day the mall security in the mall I was shopping turned off the escalators. I am perminately handicapped and it is difficult for me to walk. So my wife asked the security officer to turn on the escalator and the reply was you have to walk to the end of the mall and use the elevator, once the escalator was turned off they could not turn it back on. Just looking for clarification if this considered harassment and or is against ADA guidelines

Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However, the requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether the swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions.[21]
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