I own and reside in a Long Beach condo building of 225 units. When I moved into the building in 2009 there were no rules as to where to store a bicycle. Starting July 1st, 2012 all bicycles are mandated to be stored in a bicycle room for $3.00 per month. One third of the racks are at low level and accessible to ADA people like myself, while the rest require lifting the bicycle on a shelf or hook. The assignment of space has been awarded on a first come first serve basis with no regard for accessibility. Is there an ADA code regulating bicycle storage facilities in Condominiums?
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?
Title III also has applications to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. See 42 U.S.C. § 12182(b)(2)(A)(iv). This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable", defined as "...easily accomplished without much difficulty or expense".
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]

CBC Chapter 11B accessibility provisions for EVCS apply when a project consists of one or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where the project does not provide charging equipment the code does not require the provision of accessible routes or other vehicle space accessibility requirements. However, it is good practice to notify the owner or owner’s representative of any additional code requirements that will be triggered by the later installation of charging equipment. The owner can use this information to determine the sequence and extent of work to be included in each phase of the project.
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).
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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?
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.
Defendant: HRB Digital LLC, one of the largest tax return preparers in the United States that offers a wide range of services online via website and mobile apps. Services include professional and do-it-yourself tax preparation, instructional videos, office location information, interactive live video conference and chat with tax pros, online and in-store services and electronic tax-return filing.
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).
Claims: The Disney sites  were overloaded with video and audio content which could not be turned off by physically impaired people and drowned out screen-reading technology. Websites contained Flash content that is also inaccessible to blind persons. The claimants stated that Disney simply hadn’t addressed the needs of people who are visually impaired and failed to provide accommodations for those individuals on their web resources.
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]
The standards of website accessibility are yet to be transformed to official government regulation as we have not seen much modernization in ADA civil rights law regarding this aspect in the past years. However, people with disabilities are filing hundreds of complaints each year to vendors that have a strong online presence and provide supplemental services via websites and mobile applications that don’t comply with modern WCAG 2.1 accessibility standards.
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]
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]
In short, the ADA currently offers compliance suggestions for sites, but there aren’t currently any standards that you are obligated to follow. The proposed law would make sure that websites follow WCAG 2.0 guidelines, which were designed and set up by the World Wide Web Consortium, an international group aimed at creating global website standards.
The ADA, as you obviously know, is all about, “goods and services to the public”. On one hand, as a private residence, you are not required to comply w/ the ADA. If you are making changes to your residence, however, you will most likely need a building permit, which, coincidentally uses the California Building Code & has essentially the same requirements as the ADA. I’m perplexed about why your deck builder says the new deck needs to be 2″ lower to meet current code standards.
Im a general contractor and recieved a call from a tennant thats weel chair bound and rented an apt and can no longer access the bathroom shower. the doorway is to small to get her power chair through management wants to just change the shower tub to a shower. my question how many units in a 300 unit complex must be ada compliance 36″ doorway, sink to pull up to, shower big enought to get into, and a bath big enougth to turn around in a wheel chair
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.
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.
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?
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).
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?
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.
Settlements like these were entered into across the country, and 2015 included: edX, Inc. and Carnival Cruise Lines (Carnival Corp.). Needless to say, by the mid to early 2010s, the DOJ were well aware of website accessibility issues and knew exactly where it stood on these issues. In the fall of 2014, the DOJ issued a Statement of Regulatory Priorities stating, “the Department received approximately 440 public comments and is in the process of reviewing these comments… the Department plans to follow with the publication of the title III NPRM in the third quarter of fiscal year 2015.” That did not happen. Rather, in the fall of 2015, the DOJ decided to “extend the time period for development of the proposed Title III Web site accessibility rule and include it among its long-term rulemaking priorities. The Department expects to publish Title III Web site accessibility NPRM during fiscal year 2018.” In 2016, the DOJ requested additional public comment. And this year, the Trump Administration placed the DOJ’s rulemakings under Titles II and III of the ADA for websites, medical equipment, and furniture of public accommodations and state and local governments on the 2017 Inactive Actions list.

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.


I have been living in a rented apartment in Alameda County, California since 1989. My husband and my 91-year old mother live with me, and they are both disabled. On July 20, our landlady served us with a 60-day Termination of Tenancy notice as of August 1, 2013. She is renovating all the units in the apartment building and cannot renovate our unit while it is occupied, so we have to vacate by October 1st. Given that my husband and my mother are disabled, that limits the choices of accessible housing from which to choose, therefore it may take us longer than 60 days to find suitable housing that meets their needs. Is there a provision in the ADA which requires the property owner to extend the time we require to find alternate housing, due the the special needs of my husband and my mother?

Since enforcement of the act began in July 1992, it has quickly become a major component of employment law. The ADA allows private plaintiffs to receive only injunctive relief (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California Unruh Civil Rights Act,[55] provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.

Defendant: HRB Digital LLC, one of the largest tax return preparers in the United States that offers a wide range of services online via website and mobile apps. Services include professional and do-it-yourself tax preparation, instructional videos, office location information, interactive live video conference and chat with tax pros, online and in-store services and electronic tax-return filing.


What’s in store for 2018? If the Ninth Circuit upholds the Domino’s district court’s dismissal on due process grounds, the number of California website accessibility lawsuits in federal court may go down dramatically.  Even if that occurs, we see no end to the website accessibility lawsuit surge elsewhere and expect that new plaintiffs’ firms will continue to enter the scene.  While the current administration’s DOJ is not likely to push the website accessibility agenda, its inaction will not stop the lawsuits.  Only an amendment to the ADA can do that, which we believe is highly unlikely.  Thus, the best risk mitigation effort for covered entities is still to make their websites accessible as soon as possible, with the assistance of ADA Title III legal counsel experienced in website accessibility issues and reputable digital accessibility consultants.
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
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