| Have you ever walked into a public restroom in | | | | there is a small group of opportunists who have |
| California and wondered about the odd placement of | | | | partnered with a few law firms to track down and file |
| a mirror on the wall or the unusual spacing of fixtures? | | | | suit against any business where they can find even |
| If so, you have gotten a glimpse of what California | | | | the most trivial violation. These law firms appear to be |
| builders, remodelers, owners, developers, architects, as | | | | responsible for the majority of ADA lawsuits -- in fact, |
| well as planning and code officials, are required to | | | | there have been over 1,000 ADA accessibility suits |
| address every time they build, remodel, or repair a | | | | filed by just one professional plaintiff. That 1,000-suit |
| public facility -- any building open to the public. By law, | | | | plaintiff, George Louie, canvasses Northern California |
| they must follow the most-current accessibility | | | | small businesses and calls himself a rebellious litigant. In |
| requirements in the California Building Code (Title 24), | | | | Southern California, another litigant ADA enforcer, |
| the Americans with Disabilities Act Accessibility | | | | Jared Molski, has filed close to 500 lawsuits against |
| Guidelines for Buildings and Facilities (ADAAG), and | | | | gas stations, bowling alleys and small businesses. |
| related materials. These California requirements, which | | | | Molski has dubbed himself as the Sheriff. |
| are much stricter than those in the Federal ADA | | | | Maybe California provides a fertile litigious society that |
| (Americans with Disabilities Act), apply to all | | | | fuels this wildfire of lawsuits. Two California ADA |
| commercial and public buildings and public areas in the | | | | statutes provide either $1,000 or $4,000 in minimum |
| state. This includes restaurants, theaters, factories, | | | | damages, plus attorney fees, for each successful |
| hotels, motels, just to name a few. | | | | claimant. An aggressive, highly observant claimant can |
| These accessibility standards require that all members | | | | maximize these awards by individually listing each |
| of the public, virtually without exception, have access. | | | | condition he finds. Some file for damages against |
| The design must be approved by local zoning boards | | | | dozens of businesses at a time. This is the plight small |
| before the plans are approved. Accessibility standards | | | | business owners find themselves in. Many of them, |
| apply not only to new construction, but may be applied | | | | when faced with such a lawsuit, end up just handing |
| to remodeling or renovation of existing buildings. This | | | | thousands in cash to the complainant, rather than |
| affects many older businesses. | | | | fighting a court battle that will likely cost them even |
| The 2000 Census identified nearly 6.2 million | | | | more. |
| Californians as having a disability. By the year 2010, this | | | | Part of the problem is, ironically, that California |
| number is expected to increase to 11 million. California | | | | standards are higher than those mandated by the |
| state government is responsible for providing service | | | | Federal ADA. In some cases, state and federal |
| to all citizens, and accessibility laws ensure that these | | | | regulations are in direct conflict. A business can follow |
| services are extended to those with disabilities. | | | | ADA requirements to the letter and still be in violation |
| The Americans with Disabilities Act (ADA) was | | | | of California law. It is estimated that only 5 percent of |
| enacted in 1990 to improve access for the disabled to | | | | California public buildings are in complete compliance. |
| almost every public business. Buildings are required to | | | | Few building inspectors and architects are fully |
| have barrier-free entryways, toilet facilities designed | | | | informed on every nuance of state compliance |
| for wheelchair access, signs in Braille, low countertops, | | | | standards. The ADA and California requirements for |
| obstacle-free passageways, reserved parking, and | | | | building accessibility are given in intricate, technical detail |
| numerous other features. Despite the enactment of | | | | in state pamphlets. However, without any illustrations or |
| the ADA, many in the disabled community report that | | | | diagrams, where the contractor can see how to build |
| a majority of businesses have made little or no effort | | | | to those requirements, many are just making their best |
| to comply with this 15-year-old law. | | | | guess. Add to the misinformation and flawed |
| For this reason, some people with disabilities have | | | | interpretation the law firms that make their fortunes by |
| made it their crusade to ensure that the law is | | | | sending clients in wheelchairs to find accessibility |
| followed. While most disabled customers are | | | | violations, and you have a big problem for California |
| motivated by a sincere desire to ensure access for all, | | | | businesses and the contractors who build for them. |