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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.
Fuller has gone after big names, such as Sephora, Helzberg Diamonds, The Home Depot and Chick-fil-A, claiming their websites are not ADA compliant. Some of her recent cases are against the Clearwater shoe store, an active wear boutique in Orlando called Sassy Pants and Tampa Sportservice Inc, the company that runs a store that sells Tampa Bay Lightning apparel inside Amalie Arena. 
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.
The California Green Code appears to require service panels, sub-panels, and raceway of sufficient capacity to accommodate 40 amp circuits rather than mandating one 40 amp circuit for each EVCS in residential and nonresidential locations. For additional information you may contact the Department of Housing and Community Development for infrastructure requirements at residential locations or the Building Standards Commission for infrastructure requirements at nonresidential locations
The good news for potential defendants is that the only remedies available in private ADA suits are injunctions that force you to come into compliance and attorneys’ fees. If the Department of Justice gets involved, they can seek civil fines and penalties. Hence, you need to do the risk/benefit analysis as to whether it is worth challenging the claim or not. This report says the lawsuits are on the rise.
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.

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).
Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.
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]
Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution. The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission, who can sue on their behalf.[19]
The Fair Housing Act is actually what governs the sort of modifications you are describing, not the ADA – and that has nothing to do with building codes of this sort. It requires that accommodations be made in a multifamily housing unit if they are “readily achievable”, which includes a few other requirements like being affordable – which can also get complicated, depending on what needs done, the landlord’s overall financial picture, and a whole lot more.

The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits", a more lenient standard.[42]


Of the 814 federal cases, New York and Florida led the way with more than 335 and 325 cases, respectively. Surprisingly, California only had nine new website accessibility lawsuits in 2017, most likely because plaintiffs filed in state court.  Federal courts in Arizona (6), Georgia (9), Illinois (10), Massachusetts (15), New Hampshire (2), Michigan (1), New Jersey (4), Ohio (8), Pennsylvania (58), Puerto Rico (1), Texas (7), and Virginia (24) also had their share of website accessibility lawsuits.

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.
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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?
ADA compliance isn’t a set-it-and-forget-it thing. Compliance standards must be followed and will evolve just as your website does. There are guidelines all website contributors must know to stay within ADA guidelines. It is generally not burdensome but it does require some web managers to change their workflows. For example, loading images up to your ecommerce site will always need some of that alternative text (alt tags) mentioned above.
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.
Effective January 1, 2017, an individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility may bring an action under FEHA for any form of harassment or discrimination (CA Gov. Code Sec. 12926.05). An employer has an affirmative defense by proving that the challenged activity was permitted by statute or regulation and that it was necessary to serve employees with disabilities under a special license.
California Government Code Section 4459(c) indicates that the scope of accessibility regulations in the California Building Standards Code shall not be less than the application and scope of accessibility requirements of the federal Americans with Disabilities Act of 1990 as adopted by the United States Department of Justice. ADA certification by the Department of Justice provides the most effective, recognized, and legal method for demonstrating that the California Building Code meets or exceeds the ADA requirements.
Electric vehicles may be parked by a valet just as any other car. CBC Chapter 11B does not contain specific accessibility provisions for situations where the valet service provides EV charging in addition to parking service. Absent specific requirements, this situation would require the building official to determine the extent of applicable accessibility requirements on a case-by-case basis. DSA encourages designers to consult with jurisdictional building officials (primarily city- and county building departments) whenever there is a question of code interpretation or application

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).
The new CBC accessibility requirements for EVCS specifically identify that each EVCS, whether or not accessible, provided with a point-of-sale device must provide a tactilely discernable numerical keypad, like a push-button telephone keypad or some other technology such as RFID, biometric fingerprint or other mechanism that allows access and privacy (see CBC Section 11B-707.9.1).
I live in an Apartment complex in San Jose, CA that was built in 1979 with over 300 units. There are four ADA parking spots close to my Apt. but when I get sick due to the terminal disease I have and leave my car parked which is permitted with a sticker from the complex for residential vehicles and also have disability license plates. I get threating sticker’s on my car windows from the Maintenance manager that it will be towed due to parking longer than 72hrs all the time. I’m then instructed to go park in another parking lot 300 to 400+ yards away with no sidewalk from the parking lot and then many stairs before I can get back to my Apt. that has ADA spots 100ft away and my disability license plates are for mobility reasons. They are building a new Apt. Building and have public access for their leasing office. Can anyone tell me if a violation has been committed by treating me this way? BTW there is nothing in our lease that says we residents or visitors with passes have a minimum or max days cars can be parked. If this is a violation please contact me so we can get a case going.

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.


However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses (as of 2008, these include California, Florida, Hawaii, and Illinois), "professional plaintiffs" are typically found. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.[55] Through the end of fiscal year 1998, 86% of the 106,988 ADA charges filed with and resolved by the Equal Employment Opportunity Commission, were either dropped or investigated and dismissed by EEOC but not without imposing opportunity costs and legal fees on employers.[50]
We have a number of unlicensed sober living-group homes in Orange County that are not ADA compliant, and the City does not enforce the ADA requirements upon these homes. Because individuals with addictions are considered disabled, the house in which they reside in, by law, need to be ADA compliant (according to the Justice Department in Washington D.C). My question is: How can the City be held accountable to enforce ADA upon these facilities? I am not disabled and do not wish to sue; however, our City is doing nothing to hold these businesses accountable. Please advise.

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]
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
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.
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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.
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