Yikes
SAWHORSE
I’m trying to understand the nexus between Unruh and ADA. Please critique my train of thought.
1. As I understand it, a successful ADA lawsuit must prove the intent to discriminate. If the owner of an existing facility has an access compliance plan and is working towards execution of the plan, it could serve as evidence of a good-faith effort of compliance, as part of a defense.
2. The (California) Unruh Act does not require proof of intent to discriminate; lack of compliance with the provisions of the Unruh Act is enough to make an owner liable (for up to $4000 per violation).
3. Unruh does has a “grandfather” clause which does not require retrofit to existing buildings that were legally permitted at time of construction; HOWEVER –
4. Unruh was amended to include the provisions of ADA (ADAAG), for which there is no “grandfathering”, SO
5. Under the Unruh act, there is effectively NO grandfathering and no “good faith effort” / work in process. Everything in all California places of public accommodation must already be in full compliance, TODAY, or be vulnerable to an Unruh suit.
6. The only exception to #5 above is if a property owner has developed an access plan via a Certified Access Compliance Specialist, or CASP.
1. As I understand it, a successful ADA lawsuit must prove the intent to discriminate. If the owner of an existing facility has an access compliance plan and is working towards execution of the plan, it could serve as evidence of a good-faith effort of compliance, as part of a defense.
2. The (California) Unruh Act does not require proof of intent to discriminate; lack of compliance with the provisions of the Unruh Act is enough to make an owner liable (for up to $4000 per violation).
3. Unruh does has a “grandfather” clause which does not require retrofit to existing buildings that were legally permitted at time of construction; HOWEVER –
4. Unruh was amended to include the provisions of ADA (ADAAG), for which there is no “grandfathering”, SO
5. Under the Unruh act, there is effectively NO grandfathering and no “good faith effort” / work in process. Everything in all California places of public accommodation must already be in full compliance, TODAY, or be vulnerable to an Unruh suit.
6. The only exception to #5 above is if a property owner has developed an access plan via a Certified Access Compliance Specialist, or CASP.
