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It's a step in the right direction but many more need to be taken

R

Rio

Silver Member
Joined
Mar 31, 2010
Messages
224
Received this today

'I’m happy to report to you that Governor Jerry Brown has signed SB 1186 into law, and in doing so has helped curb abusive lawsuits alleging violations of the Americans With Disabilities Act (ADA) while promoting increased compliance with ADA regulations throughout the state. Please click here to send the Governor a letter thanking him for signing this bill.

Among other things, this measure:

• Prohibits “demand letters” by attorneys

• Puts into place new provisions to prevent “stacking” of multiple claims to increase statutory damages

• Reduces statutory damages and provides litigation protections for defendants who correct violations

• Establishes priorities for the California Commission on Disability Access that promote and facilitate disability access compliance

This bill is a huge step in the right direction for California, but just one of many that we need to stop lawsuit abuse and create jobs. Thank you for your continued support'
 
Law bans predatory ADA lawsuits against businesses

The Associated Press

September 19, 2012

.

SACRAMENTO, Calif. —SACRAMENTO, Calif. (AP) - A new law will protect California businesses, especially small-business owners, from frivolous lawsuits filed under the Americans With Disabilities Act.

Gov. Jerry Brown announced Wednesday he signed SB1186 by Democratic Senate leader Darrell Steinberg and Republican Sen. Bob Dutton.

The bill takes aim at predatory lawsuits related to the federal law. It bans so-called "demand letters," in which lawyers threaten to sue over a possible violation unless a business pays thousands of dollars to settle.

It also prevents lawyers from stacking multiple claims for the same violation as a way to increase payouts.

The law, which takes effect Jan. 1, also reduces damages for businesses that fix unintended violations within two months. The law preserves the right for plaintiffs to sue businesses for full liability for intentional violations.

http://www.vcstar.com/news/2012/sep/19/law-bans-predatory-ada-lawsuits-against/#ixzz2722mncpv

- vcstar.com
 
Well there goes the cash cow I was gonna milk in retirement. I guess I could get a CASP certification. It's still a license to steal and you get to wear a white hat.
 
And I have a local non-building government employee carping about the fees and paperwork.

Gimme a break, this bill is what is needed to stop the vultures from picking the bones of businesses clean. If one of the vultures stopped here, we would be a ghost town post haste.

Sue :cowboy
 
A local GC that I know was complaining that he'd recently been in a very nice (expensive) coastal city (that shall remain nameless) and could see countless CBC/ADA violations in the sidewalks and curb cuts. He asked me why they hadn't been hit with the lawsuits that so many other California cities seem to be facing lately. I told him that the lawsuit'rs knew that if they did all of their favorite restaurants and haunts would go out of business and the city would go bankrupt. Then they wouldn't have any place to go!
 
The first step in correcting this problem should be in the hands of the businesses who are in violation of the ADA. People keep saying that the costs to comply would put businesses out of business but they really don't know what the costs would be! Building a ramp, widening a door, etc. are all relatively inexpensive and tax incentives are available to help defray the costs. Businesses need to realize that only is making these changes required but it's also good business! In a relatively short time the additional clients would totally offset the costs of the required changes.
 
Msradell

I agree if it ended with ramps and doors allowing acess to an old building but that is not what where it ended with CA. They where suing because a mirror or handrail was mounted a 1/2" to high or a bathroom towel dispenser protruded into the walking path. Every day common mistakes or maybe even acceptable construction tolerances became easy money for the ones who where taking advantage of a law that wasn't intended for people to make a living from.
 
It looks like you building inspectors are going to have to get certified as CASps, at least that's better than private individuals becoming a cottage industry profiteering from the system.

YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY. (d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.

(2) Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.

(3) If a permit applicant or member of the public requests consultation from a certified access specialist, the local agency may charge an amount limited to a reasonable hourly rate, an estimate of which shall be provided upon request in advance of the consultation. A local government may additionally charge or increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase under this subdivision shall be used solely to offset the costs incurred to comply with this subdivision. A CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal interest in the property from retaining a private CASp at any time.

(e) (1) Every CASp who completes an inspection of a place of public accommodation shall, upon a determination that the site meets applicable standards pursuant to paragraph (1) of subdivision (a) or is inspected by a CASp pursuant to paragraph (2) of subdivision (a), provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist. The disability access inspection certificate shall be dated and signed by the CASp inspector, and shall contain the inspector’s name and license number. Upon issuance of a certificate, the CASp shall record the issuance of the numbered certificate, the name and address of the recipient, and the type of report issued pursuant to subdivision (a) in a record book the CASp shall maintain for that purpose.

(2) Beginning March 1, 2009, the State Architect shall make available for purchase by any local building department or CASp sequentially numbered disability access inspection certificates that are printed with a watermark or other feature to deter forgery and that comply with the information requirements specified in subdivision (a).

(3) The disability access inspection certificate may be posted on the premises of the place of public accommodation, unless, following the date of inspection, the inspected site has been modified or construction has commenced to modify the inspected site in a way that may impact compliance with construction-related accessibility standards.

(f) Nothing in this section or any other law is intended to require a property owner or tenant to hire a CASp. A property owner’s or tenant’s election not to hire a CASp shall not be admissible to prove that person’s lack of intent to comply with the law.¹
Click to expand...
¹ http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1186
 
mtnlogcabin,

I agree with you. Here, I have had a couple of businesses install a ramp but then do nothing else. I spend a lot of time educating business owners and landlords about ADA compliance. Most are just clueless as to what actually needs to really be done.

My take is to put the extortion money to work installing ADA requirements instead of putting it in a lawyer/plaintiff's pocket.

Sue :cowboy
 
Msradell said:
The first step in correcting this problem should be in the hands of the businesses who are in violation of the ADA. People keep saying that the costs to comply would put businesses out of business but they really don't know what the costs would be! Building a ramp, widening a door, etc. are all relatively inexpensive and tax incentives are available to help defray the costs. Businesses need to realize that only is making these changes required but it's also good business! In a relatively short time the additional clients would totally offset the costs of the required changes.
Click to expand...
The barrier here at an outdoor burger stand that would require a portion of the building to be rebuilt for a bathroom to be bigger, MSRADELL, is just ridiculous if you think it is going to bring in more business so that patrons will feel better about eating there.

The bathroom change, would require walls to move, plumbing and I am not sure, but probably also require movement in the kitchen somehow.

Making a business's bathroom more accessible, or proper placement of a sign or a painted line 4" more over to another side or even a curb cut of proper dimensions is never going to bring in more business it's a burger joint either the food and atmosphere is good or it's not.

Seems this place was just skimming by and a major reno was not in the cards, so they shut down because one person felt discomfort, ridiculous, the whole thing is a sham.

Hot Dog Johnny's Link works in the same manner any given nice weekend you can't get close to the place,

this place was a ghost town, did you take a look at the place in the video?

really, the whole equal access thing is a way over board with good intentions running bad.
 
tbz said:
The barrier here at an outdoor burger stand that would require a portion of the building to be rebuilt for a bathroom to be bigger, MSRADELL, is just ridiculous if you think it is going to bring in more business so that patrons will feel better about eating there. The bathroom change, would require walls to move, plumbing and I am not sure, but probably also require movement in the kitchen somehow.

Making a business's bathroom more accessible, or proper placement of a sign or a painted line 4" more over to another side or even a curb cut of proper dimensions is never going to bring in more business it's a burger joint either the food and atmosphere is good or it's not.

Seems this place was just skimming by and a major reno was not in the cards, so they shut down because one person felt discomfort, ridiculous, the whole thing is a sham.

Hot Dog Johnny's Link works in the same manner any given nice weekend you can't get close to the place,

this place was a ghost town, did you take a look at the place in the video?

really, the whole equal access thing is a way over board with good intentions running bad.
Click to expand...
I just hope that someday you become disabled and realize that every place should be accessible when you want to go someplace and can't go there because of obstacles!
 
"I just hope that someday you become disabled"

WOW, that's a very professional comment.......I think the point that a lot of folks here are trying to make is that reasonable accommodations should be made, but the height of a TP roll, or a mirror should not be grounds for a $4000 lawsuit.
 
Msradell said:
I just hope that someday you become disabled and realize that every place should be accessible when you want to go someplace and can't go there because of obstacles!
Click to expand...
I am already there in life, I was 36 had a major heart attack and when it happened the EMT's refused to come out during a snow storm because I was young, at the time fit, and they did not believe I was having the problem I was. Ended up 3 months in the hospital with damaged heart muscle that will never come back.

I can't walk more than 5 minutes without having to stop and rest, so any place with long walking is not within my wheel house.

The difference between me and you is you believe everyone should have access to everything, I believe that obstacles are nothing more than living within your means and signs out of place or lines painted wrong or even doors a little smaller are just life, get over it.

I wonder how much sense lines on the ground in blue would mean to the first settlers that walked up to the rim of the Grand Canyon, talk about a barrier to over come.

Equal access is one thing, 99% of the crap they sue about in CA, are meaningless things just for money.
 
tbz said:
I am already there in life, I was 36 had a major heart attack and when it happened the EMT's refused to come out during a snow storm because I was young, at the time fit, and they did not believe I was having the problem I was. Talk about a slam dunk lawsuit.
Click to expand...
You ridicule the disabled with your halfhearted effort comparing your condition to the plight of the wheelchair bound.

The barrier here at an outdoor burger stand that would require a portion of the building to be rebuilt for a bathroom to be bigger, MSRADELL, is just ridiculous if you think it is going to bring in more business so that patrons will feel better about eating there.
Click to expand...
You are clueless as to the purpose of ADA.

The difference between me and you is you believe everyone should have access to everything
Click to expand...
And you believe that there's a line that the disabled shouldn't cross because, well it's just the cards that they were dealt. It's "just life, get over it."

I wonder how much sense lines on the ground in blue would mean to the first settlers that walked up to the rim of the Grand Canyon, talk about a barrier to over come.
Click to expand...
No ****, you said that?And this too:

Making a business's bathroom more accessible, or proper placement of a sign or a painted line 4" more over to another side or even a curb cut of proper dimensions is never going to bring in more business it's a burger joint either the food and atmosphere is good or it's not.
Click to expand...
You bloviate about painted lines while people p!$$ their pants because they can't use a bathroom yet you're right about one thing, as a marketing scheme it makes no sense.

The bathroom change, would require walls to move, plumbing and I am not sure, but probably also require movement in the kitchen somehow.
Click to expand...
That's the life of a restaurateur, he should just get over it. And let's keep the movements out of the kitchen.

Equal access is one thing, 99% of the crap they sue about in CA, are meaningless things just for money.
Click to expand...
Where's the concern for the people that benefit from the 1% of that crap.

Msradell recognizes that experience is the best teacher and you do scream out for schooling.

She chose her words poorly but the sentiment is righteous.

You gave us far more ill chosen words.

She should have said that you're a _____.

I had to set aside some of my own prejudices and selfish ideas in order to write this but hey.....anyone that picks on a lady in a wheelchair brings out the fight in me. Do it to a guy and I'm OK with it....wait a minute that's chauvinistic....yup that's me.

Well then tbz, if you apologize to Msradell, we'll know that the part about you being a _____ isn't true.

And fatboy, you can be such a dummy sometimes.
 
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