Disability Access Law Reform

There is finally some protection from "Drive-By" ADA lawsuits for business owners in California. During the 2007-2008 legislative session, legislators crafted Senate Bill SB 1608. This legislation is designed to increase compliance with accessibility laws, and at the same time reduce the number of lawsuits.

SB 1608 provides business owners with a 90-day stay of the lawsuit. This effectively gives the business owner time to remedy any non-complying barriers, missing signs, faded paint, etc. No money demands can be made on the business owner during this time.

So how does a business protect itself? Ensure compliance with accessibility laws.

The best way to avoid lawsuits is to fully comply with the ADA and accessibility laws as outlined in the California business code BEFORE YOU GET SUED. Remember that the local building departments do not check for full compliance with accessibility requirements. You cannot use that as an excuse.

Businesses should hire a CASp. The State of California, under the provisions of SB 1608, has instituted a certification program for specialists in this field. A CASp designation indicates that the person is an expert in evaluating access to public buildings. They have been tested by the State, and I can tell you it is not an easy test. In addition to testing, only serious experts will have this designation because of the costs associated with acquiring the designation.

Be sure that the CASp can provide you with a thorough, detailed report. It is critical to obtain a copy of this report to prove that your business has been inspected. Under the new law, you must have an inspection to qualify for the 90-day stay of the lawsuit and early evaluation.

Once you have complied with all of the details of the CASp report, you can request a window sign which indicates that the building has been inspected, and all requirements in the report have been met. This window sign will send a message to would be plaintiffs that this premis has been inspected, and is not an easy target for a drive-by lawsuit.

To find out more we encourange all business and commercial property owners to read the entire text of SB 1608

Philippe Heller
ADA Compliance Review Corp.
www.ADAcomplianceReview.com

Introduction

Welcome to the ADA Compliance Blog. Our goal is to help business owners comply with the very specific requirements of the Americans with Disabilities Act, better known as the "ADA". Since we are in California, there will be special emphasis on the unique compliance issues in our State.

There are many stories in the news papers about businesses getting sued for not having proper accessibility. So what does it all mean? What are "drive-by" lawsuits? What do you need to do to your business? Do you have to make upgrades? Who can you turn to for help?

Subscribe to this blog and read along as we try to separate fear from fact, and assumption from requirements. We will let you know about current events, changes to the laws, and even point you in the right direction on where to go for help. We'll talk to experts in the field such as lawyers and contractors. We'll also post some real examples from people who have gotten sued, and what it took to emerge from the experience.

By taking an objective view of ADA compliance, you will all discover that it isn't that hard to make a businesses accessible. In the end, you can avoid the very real threat of an expensive lawsuit, and your business will be accessible to the thousands of people with disabilities. Not a bad thing when you think about it.