In This Presentation:
- The ADA “Nightmare”; History: - Congress enacted the Americans with Disabilities Act in 1990; - Title II applies to public entities: “Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”; - Title II took effect on January 26, 1992; Services, Programs, and Activities - What Is Required? Barden v. City of Sacramento; The City of Sacramento’s post-Barden Settlement; New vs. Existing Construction; Elements To Prove ADA Violation; Typical Causes of Action; Enforcement and Remedies; Defenses; Damages; Attorney’s Fees; Notice Pleading Requirement; Transition Plan Requirement; Indispensable Parties; CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE ACT; Certified Access Specialist (“CASp”); Written Inspection Report; Mandatory Retention of CASps; Disability Access Inspection Certificate; Effect of Certification; Accessibility Overview; Larry Wood, AIA; All public facilities covered; Overview; Sources of Discrepancies; Dimensional Tolerances; Major Building Issues; New 2010 ADAAG Issues: More Stringent Requirements; Swimming Pools & Spas; Golf Courses; Overview of the Proposed Guidelines for Public Rights-of-Way: What the Guidelines Cover, 7/26/2011; Site Constraints; Action Items; And, Documents Available Online.
Please see full presentation below for more information.
- Recent ADA lawsuit activity
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