Understanding California ADA and Building Violations

The American’s with Disabilities Act (ADA) was signed into law by President George H.W. Bush in 1990 and went into effect in 1992.

The ADA is a Federal Civil Rights Law.

This law mandates that any building or facility that provides goods and services to the public must be accessible to individuals with disabilities.

Buildings and alterations constructed after 1992 must comply with the requirements of the ADA.

Buildings and facilities constructed prior to 1992, are required to make changes to facilitate accessibility that are “readily achievable”, which is defined by the ADA as, “easily accomplishable and able to be carried out without much difficulty or expense.”

How Does ADA Define Disability?

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.

The Americans with Disabilities Act (ADA) has a three-part definition of disability. Under the ADA 42 U.S.C. § 12102(2), an individual with a disability is a person who

(1) has a physical or mental impairment that substantially limits one or more major life activities; OR

(2) has a record of such an impairment; OR

(3) is regarded as having such an impairment.

A physical impairment is defined by ADA as “any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.”

Neither ADA nor the regulations that implement it list all the diseases or conditions that are covered, because it would be impossible to provide a comprehensive list, given the variety of possible impairments of legal no credit check apartment options.

The full code can be reviewed at http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap126-sec12102.pdf

California ADA

California is one of the most ADA compliant states in the country. However, thousands of ADA lawsuits have been filed in California courts since enactment of the ADA in 1992. ADA litigation costs California businesses over $20 million each year.

Under California law, any violation of the ADA is considered a civil rights violation and subject to a minimum statutory penalty of $4,000, plus attorney’s fees.

ADA lawsuits are difficult to defend and typically result in minimum payouts of $4,000 – $6,000, even if the lawsuit is uncontested.  There are effective defenses against such lawsuits and contacting an expert business litigation lawyer is the first step in protecting your business.

 

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