|
ADA laws offer some exceptions, economic relief, for older buildings
By Billie Jo Jannen
The Alpine Sun
ALPINE — Alpine businesses, faced with the need to quickly comply with the 15-year-old Americans With Disabilities Act requirements, may have less to do than they originally believed on receipt of demand letters sent by self-appointed ADA enforcer Theodore Pennock.
While the demand letters may cite everything from badly-placed wheelchair ramps to incorrect grab-bar placement in restrooms, some may find that their actual shortcomings consist of lack of a visible handicapped-compliant sticker and an approved rubber doormat.
Owners of some of the commercial buildings in Alpine may be faced with the cost of re-designing parking lots and/or remodeling restrooms — expenses that may, or may not, be shared with their tenants. How might a business or property owner learn what to do?
Attorney Denise Visconti, of Littler and Mendelson, provided some general information, with the caveat that every business is different and business owners faced with ADA demands should consult with an attorney or ADA professional.
The most basic rule-of-thumb in the ADA is that anything offered or available to any non-handicapped person must also be available to a handicapped person.
For example, if a business does not have parking spots for its other customers, it is likewise excused from providing handicapped parking. If a business allows any member of the public at all, including family members or visiting acquaintances, to use its restrooms, it must likewise allow access for all handicapped people.
“If you provide it for one, you must provide it for all,” Visconti said.
Passed in 1990, with an effective date in 1992, the federal law also allows individuals harmed by a violation to sue for monetary damages. California is one of three states that also allows an injured party to recover additional sums for such extras as punitive damages and emotional distress, according to San Diego attorney Carl H. Starrett II in a November 2005 article published on his web site.
The California legislature recently rejected a proposal to give property owners a 120-day window to correct violations before an ADA lawsuit could be filed.
Compliance requirements are strictly defined by regulations created during the year following passage of the ADA. The width of doors, height of counters, dimensions of floor space required for wheelchair maneuverability, and a host of other elements of the law are laid out in the lengthy document.
The complexity of the ADA requirements is further heightened by the exceptions, but it is these exceptions that offer some relief from those elements too onerous for small businesses and old buildings to comply with.
Requirements differ for new buildings, for historic buildings, for buildings built prior to 1993 and have been altered, and buildings built prior to 1993 that have remained un-altered.
For instance, Visconti said, an older building whose doors are narrower than the 36 inches called for — and space is unavailable to widen it — might put a call button on the handicapped parking sign, thus indicating a willingness to serve handicapped customers’ needs.
Another example might be that of a business owner that would have to move several walls in order to remodel a bathroom and then discovers the alteration would cost its annual income. In this case, the business might, instead, erect a compliant restroom outside, but accessible from, the premises.
In many cases, there are numerous low-cost steps that may be taken, Visconti said.
Examples would include repainting the parking lot to include a handicapped spot, posting signs urging handicapped people to let staff know if they have any special needs, and rearranging shelves and display cases to allow interior wheelchair navigation.
There is no such thing as “grandfathered,” where the ADA is concerned, Visconti added. To the extent possible, a business must do everything it can to remove barriers to the goods and services available to the majority of the general public.
“There are exceptions,” Visconti said, “but you still have to find suitable alternatives.”
No exceptions are offered for buildings raised after 1992.
Specific definitions and regulations may be read in the
ADA Regulations and Technical Assistance Materials.
“The majority of these cases do settle,” Visconti said, but added that, even if an ADA threat or lawsuit is dropped by one complainant, that would not protect a business from from that of a new plaintiff:
“If a business is not currently in compliance, it remains at risk as long as it remains non-compliant,” she said.
It’s therefore wise for businesses to do everything they can to meet ADA requirements, as failure to address even one element could result in a
judgment against the owner.
“The statute is clear and a single violation can result in an award of $4,000 under California law,” Visconti said.
This is the minimum called for, but it could be more:
“If they are entitled to $4,000, they’re entitled to attorney fees, as well,” she said.
 E-mail
the Editor
|
