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 CBC definition for Electric Vehicle Charging Station (EVCS) describes “One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment.” Where a vehicle space is not provided with a charger it is not, by definition, an EVCS. CBC Chapter 11B accessibility provisions only apply to vehicle spaces with a charger.
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).
Hotels, motels, inns, dormitories, resorts, and similar places of transient lodging shall provide access for persons with disabilities in accordance with the provisions of the accessibility requirements of this California Building Code. Accessible guest rooms or suites shall be dispersed among the various classes of sleeping accommodations to provide a range of options applicable to room sizes, costs, amenities provided, and the number of beds provided.
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.
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.
To the extent that EVCS are a public accommodation or commercial facility they are covered by the federal law of the Americans with Disabilities Act. Specific technical requirements for EVCS are not specified in the 2010 ADA Standards for Accessible Design. DSA is not familiar with state and municipal accessibility requirements for EVCS outside of California.

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?


Throughout the certification review process, Department of Justice staff provide assistance and guidance to representatives of state and local governments that request certification of their accessibility requirements. Upon receipt of a complete certification submission, a team of experienced staff (architects, accessibility specialists and attorneys) undertake a detailed comparison of the submitted accessibility code to the Title III requirements for the design, construction, and alteration of buildings and facilities, including the ADA Standards for Accessible Design. The staff may contact submitting officials during this process to gain additional information about the correct interpretation and application of the submitted code.
Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building, shed their crutches, wheelchairs, powerchairs and other assistive devices, and immediately proceeded to crawl and pull their bodies up all 100 of the Capitol's front steps, without warning.[38] As the activists did so, many of them chanted "ADA now", and "Vote, Now". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy, was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to." This direct action is reported to have "inconvenienced" several senators and to have pushed them to approve the act. While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law.[39]
Under the law, websites should be just as accessible as ATMs (ever notice the Braille there?), elevators, terminals and other user interfaces. Not only should your site be accessible to all on a laptop or desktop but also on tablets and mobile phones. Failing ADA compliance creates poor and awkward experiences for people with physical disabilities. Simply put, ADA compliance is assuring your website falls within a set of prescribed accessibility standards.
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.

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 Americans with Disabilities Act (ADA) was developed in 1990 and is meant to ensure that people with disabilities have the same opportunities as anyone else. This means any businesses that serve the public must make sure their building accommodates people with disabilities of various kinds. And now that the internet is so widely used, ADA compliance also applies to websites and even mobile apps. Basically, this means that your website needs to be accessible to people who have disabilities that affect their hearing, vision or physical capacities.

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA).  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the California Department of Insurance (CDI).  CDI has a separate procedure governing employment for employees and applicants.


To the extent that EVCS are a public accommodation or commercial facility they are covered by the federal law of the Americans with Disabilities Act. Specific technical requirements for EVCS are not specified in the 2010 ADA Standards for Accessible Design. DSA is not familiar with state and municipal accessibility requirements for EVCS outside of California.

Architects, builders, and others involved with design and construction are accustomed to the state and local enforcement system, which lets them know prior to construction whether they need to make changes to their plans in order to achieve code compliance. The ADA relies on the traditional method of case-by-case civil rights enforcement in response to complaints. It does not contemplate federal ADA inspections similar to those done at the state or local level. ADA certification will help to moderate the effects of these differences in enforcement procedures and standards.
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.
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]
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.
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.

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".
The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state that provides for minimum compensation and court fees in lawsuits. Moreover, there may be a benefit to these "private attorneys general" who identify and compel the correction of illegal conditions: they may increase the number of public accommodations accessible to persons with disabilities. "Civil rights law depends heavily on private enforcement. Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA."[56] Courts have noted:
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Many properties do NOT have enough electricity available to support significant charging installations, so for now, utilities and others are doing “make ready” spaces (upgrading the supporting infrastructure in a parking space for future use without adding the actual charger). How would make ready spaces comply with the ADA standards? Additionally, consider a site with 10 make ready spaces. Would the standards apply differently if that site has no chargers presently installed versus having one active charger installed?
^ Esshaki, Tiffany (July 21, 2015). "Remembering the 'Capitol Crawl'". C&G News. Retrieved January 15, 2016. The event, known as the "Capitol Crawl", was an image that legislators couldn't ignore, Bauer said. She had fought since the 1960s to legally protect the rights of people with disabilities, and with that heroic display, she said, lawmakers simply couldn't go back to their constituents without action.
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?
Architects, builders, and others involved with design and construction are accustomed to the state and local enforcement system, which lets them know prior to construction whether they need to make changes to their plans in order to achieve code compliance. The ADA relies on the traditional method of case-by-case civil rights enforcement in response to complaints. It does not contemplate federal ADA inspections similar to those done at the state or local level. ADA certification will help to moderate the effects of these differences in enforcement procedures and standards.

It is important to remember that a disability placard or special license plate with an ISA can be issued to a driver or passenger for a disability that does not necessitate the use of a wheelchair or mobility device; therefore it is incorrect to assume that an accessible EVCS will be underutilized, because disability placard holders may have an electric vehicle or may purchase one in the near future.

Why was Amazon sued to begin with? Believe it or not, it was the Kindle converter for documents. Amazon has developed its own converter (MobiPocket) to digitize all the documents, books, and magazines that are shown on Kindle. But the problem is that Amazon’s converter was making it difficult for people with disabilities to access any items other than super basic documents.

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.
When a property owner hits the 20% cost limitation on path of travel improvements, the jurisdictional entity cannot require further improvements to the path of travel to occur. The property owner should be advised, however, that for older facilities that pre-date the ADA, barrier removal is required by the ADA. Barrier removal, however, will not be enforced by the local jurisdictional entity.
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.
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