The ADA provides explicit coverage for service animals. Guidelines have been developed not only to protect persons with disabilities but also to indemnify businesses from damages related to granting access to service animals on their premises. Businesses are allowed to ask if the animal is a service animal and ask what tasks it is trained to perform, but they are not allowed to ask the service animal to perform the task nor ask for a special ID of the animal. They cannot ask what the person's disabilities are. A person with a disability cannot be removed from the premises unless either of two things happen: the animal is out of control and its owner cannot get it under control (e.g. a dog barking uncontrollably in a restaurant), or the animal is a direct threat to people's health and safety. Allergies and fear of animals would not be considered a threat to people's health and safety, so it would not be a valid reason to deny access to people with service animals. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals on the premises. In this case, businesses that prepare or serve food are not required to provide care or food for service animals, nor do they have to provide a designated area for the service animal to relieve itself. Lastly, people that require service dogs cannot be charged an extra fee for their service dog or be treated unfairly, for example, being isolated from people at a restaurant. People with disabilities cannot be treated as "less than" other customers. However, if a business normally charges for damages caused by the person to property, the customer with a disability will be charged for his/her service animal's damages to the property.
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.
If the lift encroaches into the City’s property (presuming they allow that), my concern is less regarding an ADA issue and more regarding a potential tripping hazard when the lift is down. WE have on occasion, when a temporary ramp is used to provide access over a single step, also used orange traffic cones to alert pedestrians about a potential tripping hazard.
The other day the mall security in the mall I was shopping turned off the escalators. I am perminately handicapped and it is difficult for me to walk. So my wife asked the security officer to turn on the escalator and the reply was you have to walk to the end of the mall and use the elevator, once the escalator was turned off they could not turn it back on. Just looking for clarification if this considered harassment and or is against ADA guidelines
I work in a State Government office on the second floor. It has one elevator on the West side of the building. There are stairs on the West side, mid-way, and on the East side of the building which is secured. There is handicap parking on each side of the building, but with no additonal elevators and very limited handicap parking people with disabilities are struggling. Can you tell me what if anything can be done about this matter? There is a neighboring building that has parking right in from of ours on the West side that refuses to allow anyone including those with handicap placards to park there or else be towed. Can you assist with further information?
The California Green Code appears to require service panels, sub-panels, and raceway of sufficient capacity to accommodate 40 amp circuits rather than mandating one 40 amp circuit for each EVCS in residential and nonresidential locations. For additional information you may contact the Department of Housing and Community Development for infrastructure requirements at residential locations or the Building Standards Commission for infrastructure requirements at nonresidential locations
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.
Currently, there is a safe harbor clause that allows your existing content to remain as it is, unless altered after January 18, 2018. However, the guidelines do pertain to any page that has been updated after that date. So if you want to avoid the legal costs of being found non-compliant with the ADA, it’s best to make the necessary changes to your website now.
Explain to the plaintiff that you’ve reviewed the grievance and talked with a lawyer. It may be best to explain the ADA guidelines, and that proposed laws are not currently laws, nor are there current penalties for violating these proposed laws. Knowing that you’ve gone to this trouble can sometimes scare away anyone attempting to file a lawsuit. It’s best to let your attorney contact the plaintiff when making statements.
The lack of regulations here has led to the absolute worst-case scenario. People with disabilities have not been served since most companies are unaware this is an issue. Most don’t even realize this is something they have to consider until they receive a demand letter. That has certainly been the case for some of my clients. This leads to a scramble to get compliant. Unfortunately, it can take up to a year to do so depending on the complexity of the site. Meanwhile, plaintiffs’ attorneys across the country are taking advantage of the confusion. More than 260 website accessibility lawsuits were filed in 2016, and significantly more were filed by the end of 2017. But these numbers do not even begin to cover the cases that are settled pre-litigation.
While an ADA retaliation claim does not warrant compensatory and punitive damages, lawyers are able to pursue compensation for their client’s legal fees, which may range from such amounts as $25,000 to astonishing digits. The court may also issue an injunction for the defendant to make their website accessible to people with disabilities by a specified date. In other cases, the defendant may be forced to pay a civil penalty.
Claims: The Department of Justice launched an investigation into the NMCP’s compliance with title III of the Americans with Disabilities Act and found that it failed to make all of its exhibits, public programs and other offerings accessible to individuals with disabilities; failed to provide necessary auxiliary aids and services to ensure efficient interaction with people with disabilities.