The ADA is a Civil Rights Law which requires that buildings and facilities that provide 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.”
Yes, all websites must have hand rails in the rest rooms, ramps in lieu of front porch stairs and elevators with doors wide enough for wheelchairs to be easily loaded into them. Seriously though, ADA only covers Americans, and the Internet is hardly just an American institution. Besides, browsers can already be configured to override the web designer’s pre-configured fonts, font sizes, font and page and page background colors, etc, to make it much easier to read. Also, the big 3 Operating Systems (MS Windows, MAC, and Linux) have text-to-speech programs which will allow the computer to read...
Construction law is quite difficult, and takes experienced professional expertise. The Division of the State Architect functions as a building oversight agency on state-funded construction projects, and can only direct you to general resources at your local building department. If DSA is the jurisdictional authority, our "California Access Compliance Reference Manual" has all of the building code accessibility regulations and policies used on projects under DSA approval authority. The Manual is available as a free download as an Adobe Acrobat (PDF) file. The Manual is also available in hardcopy at technical bookstores throughout California.
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What I suspect you are looking for is advice about how to make your home “accessible” for your aunt and uncle. The ADA and the accessibility requirements of the California Building Code are specifically for “facilities offering goods and services to the public.” As to making your home more accessible, an architect or a good contractor can help you. You can also find accessibility requirements in our digital guide to accessibility compliance in California (ADA4CA) which is available on iTunes, Amazon and Barnes & Nobel.


People with disabilities should be able to easily access the Internet. (You can find a video about how screen readers work here.) But to accomplish this, the DOJ should have issued regulations. It issued regulations for State and local governments. It issued regulations for Federal agencies. Why not issue regulations that would apply to private business? As a point of reference, in October 2016, the European Parliament approved the directive 2016/2102 that requires websites and mobile applications of public sector bodies to conform with WCAG 2.0 Level AA. New websites must comply from 23 September 2019 on, old websites from September 23, 2020 on and mobile applications from June 23, 2021 on. These regulations provided direction and time for business to become compliant.
Since enforcement of the act began in July 1992, it has quickly become a major component of employment law. The ADA allows private plaintiffs to receive only injunctive relief (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California Unruh Civil Rights Act,[55] provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.
Path of travel is a term exclusively used in CBC Chapter 11B within the context of alterations to existing sites (see Section 11B-202.4, including Exception 10). For EVCS projects it only applies where EVCS are installed at existing facilities where vehicle fueling, recharging, parking or storage is a primary function. These types of facilities include gas stations, stand-alone parking lots and stand-alone parking structures (see Section 11B-202.4 Exception 10). When an accessible path of travel is required, an accessible path of travel to the specific area of alteration shall be provided; this path of travel, by definition in Chapter 2 of the CBC, includes a primary entrance to the building or facility, toilet and bathing facilities serving the area of alteration, drinking fountains serving the area of alteration, public telephones serving the area of alteration, and signs as well as accessible routes which connect the area of alteration with site arrival points such as sidewalks, streets, and accessible parking (see CBC Section 11B-202.4). These listed elements – primary entrance, toilet and bathing facilities, drinking fountains, public telephones, signs and site arrival points as well as accessible routes connecting all of them – are sometimes called “path of travel elements.” These elements are required to comply with the current code requirements or be brought into compliance when an alteration occurs. Compliance is required to the maximum extent feasible without exceeding 20 percent of the cost of the work directly associated with the installation of EVCS (see Section 11B-202.4 Exception 10).
This document contains the 2019 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.
1:15 PM, Nov. 12, 2018: This story incorrectly says that nearly 5,000 ADA lawsuits were filed in federal court for alleged website violations in the first six months of 2018 and that 10,000 were projected to be filed by year’s end, up 30% from 2017. Those numbers actually refer to all ADA lawsuits for disability discrimination involving public accommodation filed in that period. Of those suits, lawsuits alleging website accessibility violations totaled 1,053 in the first six months, a number that is projected to rise to 2,000 by year’s end, up 90% from 2017.
I work in a building with five businesses and two residences, there is only one handicapped parking space that one of the residences parks permanently in, her car rarely moves. She has two cars one is parked in a regular space & the other is in the handicap. This creates no handicap parking spaces for customers. Is this compliant in San Diego County? If not what can be done? A conversation has taken place with the owner of the building, he is not willing to give the tenant her own residential handicap spot and leave another handicapped spot for customers. He’s not willing to do anything.
Where EVCS are installed at facilities where vehicle fueling, recharging, parking or storage is NOT a primary function, compliance with Section 11B-202.4 is NOT required (see Section 11B-202.4 Exception 10). These types of facilities include shopping centers, individual stores and office buildings. While parking is frequently provided at these types of facilities, parking is not the primary function – shopping or conducting business is the primary function at these facilities.
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.
"SEC. 12. Section 1938 is added to the Civil Code! In short, a commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction related accessibility standards. READ MORE
Does Ca law trump Federal or vice versa? We have a private community pool with 220 members. We have a swim team, which makes us a public entity (they allow nonmembers to join). We have been told to get 2 modes of entry into the pool. I would like swim team to pay for 2 chair lifts since we would be private and therefore not legally have to put in chair lifts without the team being there. Please advise.
my son is mentally disabled and has been served notices and had a judgement made against him because he did not receive accommodations from the Superior Court of California. The ASA Coordinator for the court only argues about why they don’t have to do it. They are closed on Friday and he needs something done before Monday. Notice was served to him by the Sheriff posting something on his bedroom door on Wednesday while he was gone. His disability prevented him from responding yesterday when he got home. The ADA Rep will only tell me what he should have done or tries to make it some other agency responsibility and the Clerk of the Court, after she was notified that he is disabled, says that it is too late and nothing can be done. Right now, The Superior Court of California is not in compliance with the ADA.
I work in a building with five businesses and two residences, there is only one handicapped parking space that one of the residences parks permanently in, her car rarely moves. She has two cars one is parked in a regular space & the other is in the handicap. This creates no handicap parking spaces for customers. Is this compliant in San Diego County? If not what can be done? A conversation has taken place with the owner of the building, he is not willing to give the tenant her own residential handicap spot and leave another handicapped spot for customers. He’s not willing to do anything.
People with disabilities should be able to easily access the Internet. (You can find a video about how screen readers work here.) But to accomplish this, the DOJ should have issued regulations. It issued regulations for State and local governments. It issued regulations for Federal agencies. Why not issue regulations that would apply to private business? As a point of reference, in October 2016, the European Parliament approved the directive 2016/2102 that requires websites and mobile applications of public sector bodies to conform with WCAG 2.0 Level AA. New websites must comply from 23 September 2019 on, old websites from September 23, 2020 on and mobile applications from June 23, 2021 on. These regulations provided direction and time for business to become compliant.
About our methodology:  Our 2018 numbers are based on searches using keywords of data from the Courthouse News Services.  Thus, it is possible that there are some website accessibility cases that were not captured in the searches if their descriptions did not include the keywords.  We then review the thousands of entries manually to remove lawsuits that may be about websites but are not about a website’s accessibility to a user with a disability.  For example, there were a number of lawsuits in 2018 brought by plaintiffs with mobility disabilities alleging that the reservations websites of hotels did not provide adequate information about the accessibility of hotel facilities.  We also removed a number of lawsuits brought against state and local government entities under Title II of the ADA for having inaccessible websites.
In June of 2003, the DOJ issued a document appropriately entitled, “Accessibility of State and Local Government Websites to People with Disabilities.” References were made to Section 508 accessibility Standards and Web Content Accessibility Guidelines (WCAG). By 2010, the DOJ issued an Advance Notice of Proposed Rulemaking (ANPR), entitled “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations.” That document provides that, “Title III reaches the Web sites of entities that provide goods or services that fall within the 12 categories of ‘public accommodations’ as defined by the statute and regulations.” It also sought input on whether the DOJ should adopt “the WCAG 2.0’s Level AA Success Criteria as its standard for Web site accessibility for entities covered by Titles II and III of the ADA.”
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
My 34 year old Deaf son went to the DMV to take his written driving test today for the 3rd time. Again he was not afforded a copy of the test to study again as he is deaf and “they don’t do that”. Why is it if you are hearing you can have a copy of the questions to study with if you fail, but if you are deaf or hearing impaired you do not have this right. This is discrimination at its worst. If he were an illegal alien who spoke only Spanish he would get a copy in Spanish, but because he is deaf and only reads English, he gets nothing. I want to know what folks think of that. We went to the Rancho Cucamonga, California DMV office on Hellman. I find this just the worst thing, he is being discriminated against.
The legal issue for websites is whether website operators are operating “a place of public accommodation.” The statute lists 12 different types of public accommodations including somewhat of a catchall that includes “other sales or rental establishment.” The list, created when the law was passed in 1988, conceivably covers most commercial establishments, but does not expressly include websites.
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA).  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the California Department of Insurance (CDI).  CDI has a separate procedure governing employment for employees and applicants.
If those together don’t make the opening big enough, it might be possible to reconstruct the whole doorway and door, depending on the construction of the building. I rebuilt one doorway in my own home and it only cost around $1,000-$1500 – and that was using a very high end contractor. It was also wood frame construction and drywall, in a non-bearing wall; you’ll have a different scenario, of course, with steel, or with masonry, and/or plaster and lathe, and if it’s a bearing wall.
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