Americans with Disabilities Act for Public Works (Presentation)

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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

- Overview

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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