I live in what is called an ADA compliant apartment complex. All the apartments are compliant but I have only seen the downstairs units. My question is the parking lot. There is only one handicapped space and there is approximately 40 units, is this ADA compliant and legal? If it is declaring to be ADA compliant isn’t there some kind of code requiring multiple handicapped parking stalls.
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.

I live in what is called an ADA compliant apartment complex. All the apartments are compliant but I have only seen the downstairs units. My question is the parking lot. There is only one handicapped space and there is approximately 40 units, is this ADA compliant and legal? If it is declaring to be ADA compliant isn’t there some kind of code requiring multiple handicapped parking stalls.
The number of New York federal website accessibility lawsuits is staggering, brought primarily by fifteen law firms/lawyers.  The lawyers appearing most frequently on filings are Joseph Mizrahi, Jonathan Shalom, Doug Lipsky, C.K. Lee, Bradley Marks, and Jeffrey Gottlieb.  We saw a surge in these cases after New York federal judges allowed website accessibility cases to proceed to discovery in lawsuits against Blick Art and Five Guys.  The 2018 New York website accessibility filing statistic brought New York into a close second to California in the total number of ADA Title III lawsuits (not just website accessibility cases) filed in federal court.
When the law was enacted in 1990, it did not specifically address website accessibility for the disabled, but this has become a much-discussed topic in recent years. In 2006, Target settled a class action lawsuit alleging Target.com was inaccessible to the blind, in violation of the ADA, and in 2015 both Reebok and the NBA were hit with a class action lawsuit that alleged their websites did not accomodate the blind and visually impaired.
Congress, by authorizing the certification of state and local accessibility requirements under Title III, recognized the important role that state and local building codes and standards may play in achieving compliance with the building-related aspects of accessibility. State and local building officials who are involved in plan approval and construction inspection processes may provide important assistance to construction and design professionals through their oversight of the accessibility requirements of a certified state code.
According to Law360, over 240 federal ADA website compliance lawsuits were filed in 2016 alone. As stated by Seyfarth Shaw, the trend continued through 2017 with an astonishing 814 ADA website accessibility lawsuits filed. A more recent Seyfarth Shaw Synopsis states that web accessibility cases filed to federal court showed no signs of stopping during the first 6 months of 2018 and there have already been at least 1053 ADA lawsuits filed. Most of them were coming from California, New York and Florida residents with disabilities.
In the new construction of a new facility, all accessible rooms and spaces are required to be connected by an accessible route and all toilet facilities, drinking fountains, public telephones and signs are subject to accessibility requirements. These fundamental requirements provide accessibility in excess of that required for alterations to existing facilities so the regulations associated with path of travel requirements are not applicable to new facilities.
Currently, there is a safe harbor clause that allows your existing content to remain as it is, unless altered after January 18, 2018. However, the guidelines do pertain to any page that has been updated after that date. So if you want to avoid the legal costs of being found non-compliant with the ADA, it’s best to make the necessary changes to your website now.

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.
Richard, I am sure this is too late for the particular case you mentioned here, and I don’t know the answer to your question about how many units must be accessible (and that will also depend at least to some extent on when the building was built and its history of renovations – it gets complicated), but I will comment in case you or someone else finds this helpful another time.
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?

In one case where the defendant, Bang & Olfusen, won its motion to dismiss, the court noted that the plaintiff had failed to plead a nexus between the physical place of public accommodation and the website in question. In the other case, the court dismissed the claims made against Domino’s because requiring the defendant to comply with a set of web accessibility guidelines that are not yet law would violate due process principles.  The Domino’s decision is on appeal and will be reviewed by the Ninth Circuit in 2018.  Our post about these cases is here.
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.”

You are correct, ADA defines an “employer” as any person who is 1) engaged in an industry affecting commerce; 2) employes 15 or more full-time employees each work day; and 3) for at least 20 or more calendar weeks in the year. In the context of physical spaces, ADA would not apply to companies with fewer than 15 employees. However, courts don’t seem to have come to a consensus on what digital compliance really should look like. Because websites can be accessed anywhere in the country, small business owners might potentially face lawsuits in unfavorable jurisdictions. If you are a small business owner, I would recommend consulting with an accessibility lawyer and ask what they recommend.
The ADA has been criticized on the grounds that it decreases the employment rate for people with disabilities[48] and raises the cost of doing business for employers, in large part due to the additional legal risks, which employers avoid by quietly avoiding hiring people with disabilities. Some researchers believe that the law has been ineffectual.[49] Between 1991 (after the enactment of the ADA) and 1995, the employment rate of men with disabilities dropped by 7.8% regardless of age, educational level, or type of disability, with the most affected being young, less-educated and mentally disabled men.[50] Despite the many criticisms, a causal link between the ADA and declining disabled employment over much of the 1990s has not been definitively identified.[51]
The exact terms are undisclosed, however, ADA website accessibility settlements required companies to update their online and mobile presence to better accommodate the visually impaired. This includes code fixes and other changes that make websites and apps more compatible with screen reader technology. The cases were filed early 2017 and settled within weeks.
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.
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