I was taking my mother in-law to a medical appointment. We are both disabled, however, I’m her care giver. The appointment was in Stockton California. The building is a single story with 10-12 offices having access doors off an inside common area. Also in this common are are bathrooms (one male, one female). When leaving, my mother in-law, who is in a wheelchair needed to use the bathroom. I asked for and received the key for the female bathroom from the medical office. Once inside the bathroom, I discovered three (3) standard stalls, and no wheelchair accessible stall. I’m not looking for money or to file a lawsuit. Just looking for information on who I can report this problem to, so that it maybe resolved.

"III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights ... Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere."


It should be understood that the initial response from the Department of Justice is preliminary. The process for ADA certification will undoubtedly take time; include public participation meetings, interaction with the United States Department of Justice, and rulemaking for building standards. It should therefore be assumed that the side-by-side analysis, including comment from the Department of Justice, is subject to revision. These documents are preliminary, are provided for informational purposes only, and should not be considered as final determinations by the United States Department of Justice and/or the Division of the State Architect.

Currently, while storefronts, public areas and public bathrooms must legally take measures to accommodate everyone with disabilities, online ADA compliance is not mandatory on anything but government-managed websites. Instead, these rules act as guidelines to ensure that disabled people have the same ability to access and read/view your website as everyone else.

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:


Mention ADA compliance to many web developers and you may encounter a blank stare. First, find an agency working with the web platform or framework you use and ask about how their development workflow addresses accessibility. Most platforms have a partner directory. From there, you can start vetting agencies for their actual experience with web accessibility.
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.
EVCS installed at public buildings, public accommodations, commercial facilities and public housing are required to comply with the accessibility requirements in CBC Chapter 11B. Also, under the American with Disabilities Act there is a general obligation to provide accessible EVCS; however, specific requirements for EVCS have not been adopted in the ADA Standards for Accessible Design.
Olmstead v. L.C.[65] was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.

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.


On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people.[43] The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified major bodily functions.[43] The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability.[43] In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability."[44] Thus the ADAAA led to broader coverage of impaired employees.
It is the intent of the California Legislature that the building standards published in the California Building Standards Code (Title 24) relating to accessibility by people with disabilities shall be used as minimum requirements to ensure that buildings, structures, and related facilities are accessible to, and functional for, every member of the public, so as to provide equal opportunity to access public accommodations. Access is to be provided to, through, and within the buildings, without loss of function, space, or facility where the general public is concerned.
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.
Certain specific conditions that are widely considered anti-social, or tend to result in illegal activity, such as kleptomania, pedophilia, exhibitionism, voyeurism, etc. are excluded under the definition of "disability" in order to prevent abuse of the statute's purpose.[8][9] Additionally, gender identity or orientation is no longer considered a disorder and is also excluded under the definition of "disability".[9][10]

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.”
For close to seven years, since July of 2010, the United States Department of Justice (DOJ) has talked about issuing regulations specifically about web accessibility. At that time the US Department of Justice (DOJ) began developing accessibility guidelines for public websites under Title III of the Americans with Disabilities Act (ADA). On December 26, 2017, the Department announced that those regulations were officially withdrawn.
my son is mentally disabled and has been served notices and had a judgement made against him because he did not receive accommodations from the Superior Court of California. The ASA Coordinator for the court only argues about why they don’t have to do it. They are closed on Friday and he needs something done before Monday. Notice was served to him by the Sheriff posting something on his bedroom door on Wednesday while he was gone. His disability prevented him from responding yesterday when he got home. The ADA Rep will only tell me what he should have done or tries to make it some other agency responsibility and the Clerk of the Court, after she was notified that he is disabled, says that it is too late and nothing can be done. Right now, The Superior Court of California is not in compliance with the ADA.
Voluntary compliance is an important component of an effective strategy for implementing Title III of the ADA. Private businesses that voluntarily comply with ADA accessibility requirements help to promote the broader objectives of the ADA by increasing access for persons with disabilities to the goods, services, and facilities available in our respective communities. Certification facilitates voluntary ADA compliance by assuring that certified state accessibility requirements meet or exceed ADA requirements. In this regard, business owners, builders, developers, architects, and others in the design and construction industry are benefited because, once a code is certified, they can refer to certified code requirements and rely upon them for equivalency with the ADA.
We are starting a project in an residential area that does not have existing sidewalks, we will have a backhoe working on the road digging holes what types of signage and how are we to deal with the ada requirements in an area that doesn’t have pre-existing sidewalks or a clearly delineated path? We want to be safe and comply. Thank you for your time
It is the intent of the California Legislature that the building standards published in the California Building Standards Code (Title 24) relating to accessibility by people with disabilities shall be used as minimum requirements to ensure that buildings, structures, and related facilities are accessible to, and functional for, every member of the public, so as to provide equal opportunity to access public accommodations. Access is to be provided to, through, and within the buildings, without loss of function, space, or facility where the general public is concerned.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
SDG&E is refusing to approve my new residential solar installation because they require a 24″ clearance in all directions for their gas meter located on the side of my house. They refuse to grant a 4″ variance for one of the solar meters which is located about 3 feet above and to the right of gas meter. The encroaching solar meter would have to be moved 30 feet over a fixed stucco wall which would require me to walk all the way around the house instead of 10 feet to the current location. I would also be required to allow 24hr/7 day a week access to the Solar Company, SDG&E and City workers into my side and rear yards which is an unnecessary invasion of my privacy. If they trip and fall or have any accident as a result of an alleged dangerous condition of my property they can sue me outside of their workers comp plan and my home owners insurer will be required to pay and then raise my rates or drop my coverage. Can I ask that SDG&E grant the 4″ variance based on the ADA and the severe osteoarthritis I have in my hips and knees? I have had 4 surgeries so far and soon will need double knee and hip replacement surgeries.
ADA website compliance is a hot topic among any business that has a website (and in today’s world, that really is 99% of them). You’ve likely seen news stories about companies that are getting sued or settling out of court for having a website that doesn’t comply with the American Disabilities Act and you’re also probably wondering if this affects you or your business.
I own a condo in Anaheim Ca. My son has recently become handicapped and in a wheelchair. We have handicap parking and visitor parking. But we have No Ramps or other ways for handcap people to get to the condo’s. I have asked the HOA at a meeting if we could install a temporary ramp in a common area so our son can be able to get in and out of our condo in the case of an emergency. I had a company build us a 2 ramps. One for our porch, and one for the common area. It was built to as close to code as possible with the length of walk way we had. They allowed us to keep the porch ramp and denied the common area ramp. They said it was not safe. And told us we can’t install the ramp because it isn’t safe. I paid to have these ramps made and they haven’t even seen the ramp or inspected the ramp. Just said no. What can I do? Terry

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?


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.
Government Code §11546.7 – The requirement that state agency heads certify, every two years, that their agency’s website meets the Web Content Accessibility Guidelines, Version 2.0 or a subsequent version, at Level AA or higher, and the requirements of Sections 11135 and 7405 of the Government Code. Created by AB 434 (Baker, Chapter 780, Statutes of 2017), and sometimes referred to as AB 434.

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?

My 34 year old Deaf son went to the DMV to take his written driving test today for the 3rd time. Again he was not afforded a copy of the test to study again as he is deaf and “they don’t do that”. Why is it if you are hearing you can have a copy of the questions to study with if you fail, but if you are deaf or hearing impaired you do not have this right. This is discrimination at its worst. If he were an illegal alien who spoke only Spanish he would get a copy in Spanish, but because he is deaf and only reads English, he gets nothing. I want to know what folks think of that. We went to the Rancho Cucamonga, California DMV office on Hellman. I find this just the worst thing, he is being discriminated against.
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.
The question of ADA’s exact wording comes down to two issues: 1) whether the ADA applies to a website at all, and 2) if ADA applies only to websites that have a physical connection to goods and services available at a physical store or location, or if it applies to all websites even if they don’t have physical spaces. Courts are split on these issues but one thing is for certain: the tide is moving toward ADA compliance for websites, and the lack of specific legal wording prohibiting web discrimination has not stopped businesses from being sued.
Rite Aid to ensure that all pages of their riteaid.com website substantially complied with Level AA of WCAG 1.0 accessibility standards by December 31, 2007, and that all pages of riteaidhealthsolutions.com, which can be accessed via a link on riteaid.com, also comply with Conformance Level AA of WCAG 1.0 by February 29, 2008. This was before WCAG 1.0 was superseded by version 2.0, therefore in the case when W3C introduces WCAG 2.0 Rite Aid had the opportunity to choose between version 1.0 and 2.0 compliance.
When a building, or portion of a building, is required to be accessible or adaptable, an accessible route of travel shall be provided to all portions of the building, to accessible building entrances and between the building and the public way. Except within an individual dwelling unit, an accessible route of travel shall not pass though kitchens, storage rooms, restrooms, closets or other spaces used for similar purposes.
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

I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down.[41]

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).
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 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.
On October 14, 2017 California Governor Jerry Brown signed into law AB 434, which will create a new Government Code section 11546.7 and require, beginning July 1, 2019, state agencies and state entities to post on their website home pages a certification that the website complies with the Web Content Accessibility Guidelines 2.0 Level AA, or a subsequent version, and Section 508 of the Rehabilitation Act.
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
The lawsuit against Winn-Dixie was on the basis that those with visual impairments couldn’t access the website using their screen reading software. The individual that set the lawsuit in motion claimed that the website didn’t meet WCAG 2.0 AA standards. According to the article, Winn-Dixie set aside $250,000 to update their website to meet those standards.
We often see projects of gas station replacing old fuel dispensers with access compliance fuel dispensers (reach range, operable parts, point-of-sale). According to Section 11B-202.4, Exception 10, these projects would be required to comply with accessibility for primary accessible path to inside the convenient store at the gas station, public restrooms, drinking fountains, public telephones, and signs (with 20-percent limit of adjusted construction cost). Is my understanding correct regarding the replacement of old/addition of new fuel dispensers?
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