DSA is not aware of any efforts to amend the California Green Code in this manner. While the California Green Code nonresidential mandatory measures require projects to identify an EV space, provide an electrical raceway to the service panel, and provide adequate capacity at the service panel for future EVCS; good design practice would be to incorporate appropriate ground surfaces and routes to facilitate the later installation of usable accessible EVCS. Plans and specifications must accurately describe the full extent of the work to be performed. Some enforcement jurisdictions (primarily city- and county building departments) may have additional requirements.
This document contains the 2016 California Building Code (CBC) accessibility provisions adopted by DSA and commentary on selected requirements. Commentary is included from the 2010 ADA Standards for Accessible Design and from DSA for provisions unique to California. Additionally, an expanded table of contents for Chapter 11B is provided at the beginning of the chapter.
The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "...perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added, "Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
Fuller has gone after big names, such as Sephora, Helzberg Diamonds, The Home Depot and Chick-fil-A, claiming their websites are not ADA compliant. Some of her recent cases are against the Clearwater shoe store, an active wear boutique in Orlando called Sassy Pants and Tampa Sportservice Inc, the company that runs a store that sells Tampa Bay Lightning apparel inside Amalie Arena.
The Americans with Disabilities Act (ADA) was developed in 1990 and is meant to ensure that people with disabilities have the same opportunities as anyone else. This means any businesses that serve the public must make sure their building accommodates people with disabilities of various kinds. And now that the internet is so widely used, ADA compliance also applies to websites and even mobile apps. Basically, this means that your website needs to be accessible to people who have disabilities that affect their hearing, vision or physical capacities.
Throughout the certification review process, Department of Justice staff provide assistance and guidance to representatives of state and local governments that request certification of their accessibility requirements. Upon receipt of a complete certification submission, a team of experienced staff (architects, accessibility specialists and attorneys) undertake a detailed comparison of the submitted accessibility code to the Title III requirements for the design, construction, and alteration of buildings and facilities, including the ADA Standards for Accessible Design. The staff may contact submitting officials during this process to gain additional information about the correct interpretation and application of the submitted code.
Many properties do NOT have enough electricity available to support significant charging installations, so for now, utilities and others are doing “make ready” spaces (upgrading the supporting infrastructure in a parking space for future use without adding the actual charger). How would make ready spaces comply with the ADA standards? Additionally, consider a site with 10 make ready spaces. Would the standards apply differently if that site has no chargers presently installed versus having one active charger installed?
The lawsuit against Winn-Dixie was on the basis that those with visual impairments couldn’t access the website using their screen reading software. The individual that set the lawsuit in motion claimed that the website didn’t meet WCAG 2.0 AA standards. According to the article, Winn-Dixie set aside $250,000 to update their website to meet those standards.
Inherently inaccessible websites and apps. Such complaints as the cases against NBA and Winn Dixie, and similar cases (read on for details) suggest that websites and apps that use inherently inaccessible technologies are most likely to attract litigation. It’s understandable as such websites oftentimes completely block physically impaired individuals from accessing certain parts or even the whole website.