Disabled file lawsuits in droves to force ADA compliance

[ICE]

The lawsuit factories tend to not cause any modification that mitigates the barrier. In other words, they get the money and go on to the next victim.

People have never been comfortable with any provision of rules or laws that is retroactive in nature.

There is the perception that ADA is swatting flies with a shotgun and to some degree that is true. Unless you or someone that you know can benefit from ADA features most people don't even see it.

The examples of ridiculous imposition of ADA get attention whereas beneficial examples do not.

It is often said that there is no excuse for noncompliance given that ADA regulations have been around for thirty years. That is a testament to the disdain for ADA. ADA hasn't been accepted in thirty years and another thirty years isn't going to change that.

 

[Msradell]

There is the perception that ADA is swatting flies with a shotgun and to some degree that is true. Unless you or someone that you know can benefit from ADA features most people don't even see it.

It is often said that there is no excuse for noncompliance given that ADA regulations have been around for thirty years. That is a testament to the disdain for ADA. ADA hasn't been accepted in thirty years and another thirty years isn't going to change that.

I fit in the category that I benefit significantly from the ADA and get extremely frustrated when I see things that do not meet it, especially in new construction! There is absolutely no excuse for that except for lazy plan reviewers and building officials who don't think it means anything!

I certainly do agree that there is no excuse for noncompliance today and they wouldn't be if the original ADA was written with compliance as part of it! While I don't believe in the wholesale lawsuit filing option I do believe that everyone who cannot access something because it is not in compliance should be able to sue that business. I really wouldn't care about making money but we should be able to sue to make them compliant!

 

[ADAguy]

Just received a very well written text book from England on how they litigate Access cases. Their judgements are logic based as well as specific but allow for what if considerations.

 

[Jean Tessmer-HI]

The ADA is not the problem with the multiple lawsuits being filed by one person and the attorney. It is the states that have permitted through their laws that enable people to seek monetary damages/awards based on a civil rights law where their disability was not negatively impacted by the portion of the law that is in violation. Example: A hearing impaired person list the placement of the restroom mirror is 1" higher than permitted, or the lack of a ramp into the facility. Neither of the 2 items will prevent him/her from accessing the business or the ability to use the mirror in the restroom. Therefore their civil rights where not denied.

https://www.ada.gov/smbusgd.pdf

In recognition that many small businesses can not afford to make significant physical changes to their stores or places of business to provide accessibility to wheelchair users and other people with disabilities, the ADA has requirements for existing facilities built before 1993 that are less strict than for ones built after early 1993 or modified after early 1992

While it is not possible for many businesses, especially small businesses, to make their facilities fully accessible, there is much that can be done without much difficulty or expense to improve accessibility. Therefore, the ADA requires that accessibility be improved without taking on excessive expenses that could harm the business.
If you own or operate a business that serves the public you must remove physical “barriers” that are “readily achievable,” which means easily accomplishable without much difficulty or expense. The “readily achievable” requirement is based on the size and resources of the business. So larger businesses with more resources are expected to take a more active role in removing barriers than small businesses. The ADA also recognizes that economic conditions vary. When a business has resources to remove barriers, it is expected to do so; but when profits are down, barrier removal may be reduced or delayed. Barrier removal is an ongoing obligation -- you are expected to remove barriers in the future as resources become available

The owners of businesses need to document that they did the readily achievable barrier removal. Best way is a self evaluation listing the barriers, and by way of the DOJ priorities gradually make the changes as you can afford it. If someone comes before you have completed you list, and tells you there are ADA issues, show them your self evaluation list and all the work you have done and ask "which of these items do you need me to change that is a priority to your disability"? This way the you have control not the courts. DOJ says it show good faith effort and that effort counts.

 

[Jean Tessmer-HI]

There is no such thing as a university course on ADA or FHA compliance. There is no specific disability physical therapy ergonomics training that covers all disabilities. There is this phrase in the 1973 Section 504 disability rights law, "must be accessible to and usable by individuals with disabilities".

 

[ADAguy]

Agreed, but the point of the OP, and i agree, is the greediness of the litigant. If they wanted action they could have contacted the local tv station and done an expose. Most businesses would have complied, those who resisted would be … assimilated.

No damages are paid to litigants in Federal Court, only the atty's make out.
I have traveled many states outside of California and find that enforcement varies from state to state and small cities vs large. Same is true at airports.