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
ADA compliance is mandatory, but there isn't enough information on what business owners have to do to comply. The result is that business owners get sued all the time. Our goal is to provide information to help businesses avoid costly lawsuits.
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