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ADA Lawsuit

mark handler said:
ADA myths remain: there is no such thing as a grandfather clause in the ADA. .
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Mark your miss quotes are becoming common place daily, the comparison was between a zoning law being grandfathered and ADA which is not, hence my point the suites come walking in because ADA is not grandfathered.

The point being for the majority who don't WORK IN THIS INDUSTRY and run a simple small business, you believe they should do research in to the unknown everyday because they are in small business rather than what they do, the point I keep making that you can’t seem to understand is that MOST SMALL business owners from a simpler time have no clue about the ADA requirements, are misinformed because from their time grandfather laws ment something and do not work in circles or talk with people or file for things that point out that they need to research and make these updates thus your 20 year argument by all accounts though numerically correct to a point, is placed against all the scams we hear about each day and letters like the suites are viewed as just another scam, and to a major degree most are just another scam for money only.

Originally Posted by mark handler http://www.ada.gov/taxincent.pdf

Internal Revenue Code, Section 190, businesses can take a business expense deduction of up to $15,000 per year for costs of removing barriers in facilities or vehicles.

The tax breaks have been available since the first signing....

MULTIPLY THAT OVER 20 YEARS THAT'S $300,000 OF IMPROVEMENTS, PER BUISNESS, SO FAR.

Stop the crocodile tears….
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Again Mark that’s great if the information was sent out on the top of the 1040A Form each year since 1992 so a business could see and know about it, I'll even consider that maybe they did it once. But I would venture a guess that all on the site do not read the tax law each year to that degree, nor do they take CEU courses in it like accountants and even those accountants that do, if you took a survey of accountants, I like to know how many even now about it or tell their clients baout it?

The basic point you all seem to not gather is that we all ask each other questions each day on this site and others past sites about this industry and this topic comes up daily, WE ALL WORK WITH IT.

The vast major majority of the public in business does not nor do they know they have a need to know to talk or hire those of us in this industry because,

For the record, it was just 5 years ago that pretty much every building inspector I talked with nationally when our asked about ADA requirements they told us don’t talk to us about that, call the FED’s

So for the first 15 years of 20 and even today those who work around it daily still don’t help with direction that much.

Oh and just a quick question it is a tax credit right, the goverment does not send you the money up front to make the improvements? So you have to first make a profit of more than you might need to just live a simple life, then you need to do the work, then apply for up to $15,000.00 to get back because you need to make the tax payments based on projections, and then wait to get it back I beleive?
 
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Originally Posted by mark handlerhttp://www.ada.gov/taxincent.pdf

Internal Revenue Code, Section 190, businesses can take a business expense deduction of up to $15,000 per year for costs of removing barriers in facilities or vehicles.

The tax breaks have been available since the first signing....

MULTIPLY THAT OVER 20 YEARS THAT'S $300,000 OF IMPROVEMENTS, PER BUISNESS, SO FAR.

Stop the crocodile tears….
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This section is not something that's intended to be a bone tossed to property owners by the ADA. Rather, it's a limitation on how much a property owner may write off when performing upgrades. Generally business expenses of all types are deductible some may have to be depreciated but they're already a deduction.

This section does nothing to help a property owner or small business owner.

Bill
 
The tax breaks have been available since the first signing....MULTIPLY THAT OVER 20 YEARS THAT'S $300,000 OF IMPROVEMENTS, PER BUISNESS, SO FAR.
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Tax rate 28%, $15,000/year deduction= actual cost of improvement $10,800

Multiply that by 20 years and that's $216,000 out of pocket
 
Posted by Mark Handler, then overwritten: "So now you're a tax lawyer Bill?"

It takes a tax lawyer to determine if handicapped modifications cost money?
 
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conarb said:
One has to wonder about Mark's almost fanatic interest in this subject, is he a registered CASp intending to profit from it?
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No i'm not like you selling triple pane window where not needed
 
conarb said:
One has to wonder about Mark's almost fanatic interest in this subject, is he a registered CASp intending to profit from it?
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He's just tired of all of the racism and Confederate flag waving that invariably accompanies lack of appreciation for the ADA...
 
Existing buildings never had to meet ADAAG requirements and that is where some of the confusion is. ADAAG does not come into play until a remodel or alteration is being done.

III-4.4200 Readily achievable barrier removal. Public accommodations are required to remove barriers only when it is "readily achievable" to do so. "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense.

How does the "readily achievable" standard relate to other standards in the ADA? The ADA establishes different standards for existing facilities and new construction. In existing facilities, where retrofitting may be expensive, the requirement to provide access is less stringent than it is in new construction and alterations, where accessibility can be incorporated in the initial stages of design and construction without a significant increase in cost.

This standard also requires a lesser degree of effort on the part of a public accommodation than the "undue burden" limitation on the auxiliary aids requirements of the ADA. In that sense, it can be characterized as a lower standard. The readily achievable standard is also less demanding than the "undue hardship" standard in title I, which limits the obligation to make reasonable accommodation in employment.

How does a public accommodation determine when barrier removal is readily achievable? Determining if barrier removal is readily achievable is necessarily a case-by-case judgment. Factors to consider include:

1) The nature and cost of the action;

2)

The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site;

3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

4)

If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.



If the public accommodation is a facility that is owned or operated by a parent entity that conducts operations at many different sites, the public accommodation must consider the resources of both the local facility and the parent entity to determine if removal of a particular barrier is "readily achievable. " The administrative and fiscal relationship between the local facility and the parent entity must also be considered in evaluating what resources are available for any particular act of barrier removal.

What barriers will it be "readily achievable" to remove? There is no definitive answer to this question because determinations as to which barriers can be removed without much difficulty or expense must be made on a case-by-case basis.

The Department's regulation contains a list of 21 examples of modifications that may be readily achievable:

1) Installing ramps;

2) Making curb cuts in sidewalks and entrances;

3) Repositioning shelves;

4) Rearranging tables, chairs, vending machines, display racks, and other furniture;

5) Repositioning telephones;

6) Adding raised markings on elevator control buttons;

7) Installing flashing alarm lights;

8) Widening doors;

9) Installing offset hinges to widen doorways;

10) Eliminating a turnstile or providing an alternative accessible path;

11) Installing accessible door hardware;

12) Installing grab bars in toilet stalls;

13) Rearranging toilet partitions to increase maneuvering space;

14) Insulating lavatory pipes under sinks to prevent burns;

15) Installing a raised toilet seat;

16) Installing a full-length bathroom mirror;

17) Repositioning the paper towel dispenser in a bathroom;

18) Creating designated accessible parking spaces;

19) Installing an accessible paper cup dispenser at an existing inaccessible water fountain;

20) Removing high pile, low density carpeting; or

21) Installing vehicle hand controls.
 
Bottom line is..it IS the law... just like any other... could it be more publicized, yes...are we all bound to follow it, yes... if you don't want to be informed or think, go get a job in wal mart istead of starting your own business. Or contact your local governmental officials and secede...

Maybe if they talked about it on American Idiot...ooops Idol...
 
Posted by Mark Handler, then overwritten: "So now you're a tax lawyer Bill?"
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Don't need to be a tax lawyer to know that business expenses are deductible till some one imposes a rule that limits the amount of the deduction.

34 years of running a small business does provide some perspective.

Bill
 
mark handler said:
Great minds have always encountered opposition from mediocre minds...
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Congratulations on the lofty opinion you have of you. You should be proud that you received such a sincere compliment. From yourself.

So let's take a look at the arsenal of arguments Mark makes for the ADA:

1) To oppose it is racist

2) If you oppose it you have a Confederate flag

3) If you oppose it you have turned your clock back

4) Just wait 'til you're old

5) What's wrong with it? If businesses don't like it, they can get the taxpayers to help subsidize it

6) I have a great mind and you have a mediocre mind

Nice points Mark, but somehow, I've a feeling they've failed to convince many people. There may be some who still think ADA is ok after reading your arguments, but you aren't the best ambassador for the program....
 
Bricked up minds are hard to open.

Your points are not what was said, or are taken out of context, except number six.
 
mark handler said:
Your points are not what was said, or are taken out of context, except number six.
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You got two pats on the back in the same thread from yourself; that's awesome. Got to be some kind of record.
 
OK folks, time to cool off...if you don't have anything productive to add to the thread, well, then don't. JMHO
 
mark handler said:
Bricked up minds are hard to open.Your points are not what was said, or are taken out of context, except number six.
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Really?

1,2,3: (Post #33) "So you are saying someone with a disability, does not have the same rights as a black, asian, jew or the Irish; all of which were denied civil rights in this country??

Wow turn your clock forward, take down the confederate flag"

4: (Post #46): "Can't wait 'til you get a little older, have a disability, let's hear from you then......"

5: (Post #60): "Internal Revenue Code, Section 190, businesses can take a business expense deduction of up to $15,000 per year for costs of removing barriers in facilities or vehicles.

The tax breaks have been available since the first signing....

MULTIPLY THAT OVER 20 YEARS THAT'S $300,000 OF IMPROVEMENTS, PER BUISNESS, SO FAR.

Stop the crocodile tears…. "

And: "Most of those twenty years buisnesses and property owners were flush with money, there will always be excuseses."

Sorry Mark, you said every one of them.
 
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