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ADA Expert Helps North State Businesses Avoid Lawsuits
http://www.khsltv.com/content/localnews/story/ADA-Expert-Helps-North-State-Businesses-Avoid/whn0f2lrb0aDAZC9dfGNcw.cspx
Reported by: Alan Marsden amarsden@khsltv.com
Just one violation of the Americans With Disabilities Act can earn a business owner a $55,000 fine. But The Department of Justice, which enforces that law, isn't exactly scouring the countryside looking for violations. But across Northern California, lawyers who specialize in ADA lawsuits are. Many small business owners want to comply, whether out of fear or obligation. But they almost always find the law impossible to understand.
Unless you are disabled you likely would never notice any access problems with this property on the North Esplanade in Chico. “I’ve been in business for 36 years,” said Mike Friend. “ There's not an access problem."
But Sacramento attorney Scott Johnson found several access problems at Mike Friend Rvs, so he sent the owner a letter, warning him to remove the barriers, or else. But Mike Friend soon discovered just how complex the Americans With Disabilities Act is and knew that a simple trip to the hardware store would not be the solution. Mike Friend said "Well first you've got to figure out what the law is, what you need to do to be compliant. You cannot do it on your own."
And like it or not, it appears he's right. If you want to comply with the law and avoid being sued you're going to need help from an expert. For "Mike Friend RVs that expert is Gary Layman, a certified access specialist. "There's a lot of frustration with the businesses,” said Layman. “Not just that it's the law but there's not any notification to them to make it aware to them and for them to be able to come into compliance, and who do they reach out to."
With fees starting at more than $800, these experts identify the barriers and draw up a plan of action. As for Mike Friend, he's following through one step at a time. “This service counter is one example, Gary said it was too high. I think the measurements had to be 34 inches." And door handles need to be replaced. In fact, the front door itself was too heavy. “They have to be no more than a five pound pull, so we replaced rollers and put new tracks on the doors.
As much as possible, Friend is trying to do the work himself. He still needs to create a safe path of travel from the sidewalk and a van-accessible parking spot with signs that include correctly worded warnings and the proper reflectivity. He expects that by the time all's said and done, he'll have paid several thousand dollars. Layman said "we do find businesses with the economy the way it is that can't actually afford to remove all the barriers. But they can get on a transition plan. “
And there are tax incentives to encourage a business owner to come into compliance with the ADA, up to $15,000 worth. That is if the very real threat of finding yourself the target of an activist lawyer isn't incentive enough. Mike Friend isn't happy he was targeted, but he is grateful that in his case, he was at least given a warning with a 120-day period to make the required changes. And his message to other businesses owners: if you get a warning in the mail don't ignore it. "Trust me that goes by way too fast when you're dealing with permit issues and trying to find out what the law is, and assembling all these different people that you need to gather information from, and deal with the weather, and deal with a business like mine that's very seasonal." Friend has been in communication with attorney Scott Johnson updating him on his progress and so far, has not actually been sued.
http://www.khsltv.com/content/localnews/story/ADA-Expert-Helps-North-State-Businesses-Avoid/whn0f2lrb0aDAZC9dfGNcw.cspx
Reported by: Alan Marsden amarsden@khsltv.com
Just one violation of the Americans With Disabilities Act can earn a business owner a $55,000 fine. But The Department of Justice, which enforces that law, isn't exactly scouring the countryside looking for violations. But across Northern California, lawyers who specialize in ADA lawsuits are. Many small business owners want to comply, whether out of fear or obligation. But they almost always find the law impossible to understand.
Unless you are disabled you likely would never notice any access problems with this property on the North Esplanade in Chico. “I’ve been in business for 36 years,” said Mike Friend. “ There's not an access problem."
But Sacramento attorney Scott Johnson found several access problems at Mike Friend Rvs, so he sent the owner a letter, warning him to remove the barriers, or else. But Mike Friend soon discovered just how complex the Americans With Disabilities Act is and knew that a simple trip to the hardware store would not be the solution. Mike Friend said "Well first you've got to figure out what the law is, what you need to do to be compliant. You cannot do it on your own."
And like it or not, it appears he's right. If you want to comply with the law and avoid being sued you're going to need help from an expert. For "Mike Friend RVs that expert is Gary Layman, a certified access specialist. "There's a lot of frustration with the businesses,” said Layman. “Not just that it's the law but there's not any notification to them to make it aware to them and for them to be able to come into compliance, and who do they reach out to."
With fees starting at more than $800, these experts identify the barriers and draw up a plan of action. As for Mike Friend, he's following through one step at a time. “This service counter is one example, Gary said it was too high. I think the measurements had to be 34 inches." And door handles need to be replaced. In fact, the front door itself was too heavy. “They have to be no more than a five pound pull, so we replaced rollers and put new tracks on the doors.
As much as possible, Friend is trying to do the work himself. He still needs to create a safe path of travel from the sidewalk and a van-accessible parking spot with signs that include correctly worded warnings and the proper reflectivity. He expects that by the time all's said and done, he'll have paid several thousand dollars. Layman said "we do find businesses with the economy the way it is that can't actually afford to remove all the barriers. But they can get on a transition plan. “
And there are tax incentives to encourage a business owner to come into compliance with the ADA, up to $15,000 worth. That is if the very real threat of finding yourself the target of an activist lawyer isn't incentive enough. Mike Friend isn't happy he was targeted, but he is grateful that in his case, he was at least given a warning with a 120-day period to make the required changes. And his message to other businesses owners: if you get a warning in the mail don't ignore it. "Trust me that goes by way too fast when you're dealing with permit issues and trying to find out what the law is, and assembling all these different people that you need to gather information from, and deal with the weather, and deal with a business like mine that's very seasonal." Friend has been in communication with attorney Scott Johnson updating him on his progress and so far, has not actually been sued.
