Title II applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation. It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed-route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport.
DSA is not aware of any efforts to amend the California Green Code in this manner. While the California Green Code nonresidential mandatory measures require projects to identify an EV space, provide an electrical raceway to the service panel, and provide adequate capacity at the service panel for future EVCS; good design practice would be to incorporate appropriate ground surfaces and routes to facilitate the later installation of usable accessible EVCS. Plans and specifications must accurately describe the full extent of the work to be performed. Some enforcement jurisdictions (primarily city- and county building departments) may have additional requirements.
3 These standards apply to all CDE web content without regard to who created it, whether it was created by CDE staff, contractors, or any partner of affiliate working on behalf of CDE. Content is considered CDE content, if CDE provides direction for the creation of the content; CDE staff time to develop, approve, or maintain the content, or if non-pass-through state or federal funds distributed by CDE are used to create the content.
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.
Inherently inaccessible websites and apps. Such complaints as the cases against NBA and Winn Dixie, and similar cases (read on for details) suggest that websites and apps that use inherently inaccessible technologies are most likely to attract litigation. It’s understandable as such websites oftentimes completely block physically impaired individuals from accessing certain parts or even the whole website.
In this case, Barnett was a US Airways employee who injured his back, rendering him physically unable to perform his cargo-handling job. Invoking seniority, he transferred to a less-demanding mailroom job, but this position later became open to seniority-based bidding and was bid on by more senior employees. Barnett requested the accommodation of being allowed to stay on in the less-demanding mailroom job. US Airways denied his request, and he lost his job.
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
Does Ca law trump Federal or vice versa? We have a private community pool with 220 members. We have a swim team, which makes us a public entity (they allow nonmembers to join). We have been told to get 2 modes of entry into the pool. I would like swim team to pay for 2 chair lifts since we would be private and therefore not legally have to put in chair lifts without the team being there. Please advise.
The "building official" is the officer or other designated authority charged with the administration and enforcement of this code, or the building official's duly authorized representative in accordance with state law. Local cities and counties have building officials who regulate construction in their jurisdiction. State funded construction on state property is often regulated by a state agency, such as the Division of the State Architect. Sometimes public construction has more than one building official — each has separate jurisdictional oversight responsibilities.
In my investigation I found out there are several ADA designated apt’s, on my floor there is only one and it has an industry standard of 36″ and out of the other nine apt’s four have misplaced ADA compliant countertops. I know of two elderly women who are confined to wheelchairs and living in designated ADA apt’s and their countertops are not ADA compliant they complain to no avail.
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.
Aside from attempting to compliant for compliance’s sake, having an ADA accessible website can improve the overall user experience and site traffic. An ADA compliant site can increase your target audience (by making it easy for those with disabilities to navigate around), improve your SEO efforts (by helping search engines to more easily crawl your pages and content), and help your overall reputation.
Now that we have established the risks, where do we go from here? First, companies should run an accessibility scan of their webpages. There are numerous free online tools that can be used, including: http://www.wave.webaim.org and https://achecker.ca/checker/index.php. This will provide an overview of potential issues that need to be resolved. If you have in-house developers or IT, this is best handled by them. Second, look into getting ADA compliant before you receive a demand letter. Be aware however, that compliance is not cheap. Depending on your website, how much hand holding your company needs, and a few other variables, you could be looking at spending $25,000 – $50,000, on average. Third, if you receive a demand letter, make sure you hire counsel that has experience with these cases. Various legal arguments have been raised to dismiss these cases at the outset – some have been successful, but many have not. You have to consider all available options. And finally, since this will not be addressed by the DOJ anytime soon, ask your Congressperson to make sure guidelines are enacted as soon as possible. Those guidelines should take into account a business’ operations and size.
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).