Abuse of ADA a plague on California small businesses

ADA News
ADA News

Robert McCarthy is a serial litigant. And the Americans With Disabilities Act is the weapon he uses to shake down his victims.

Since 2001, McCarthy has filed more than 250 lawsuits against small businesses throughout the Golden State, alleging various violations under the federal law (which, in turn, constitute violations of California’s Civil Code).

Every infraction can cost $4,000. And with McCarthy alleging multiple infractions in most of his ADA suits, his victims have considerable motivation to pay him a reduced settlement to go away.

Here’s what particularly galls about McCarthy, who shamelessly exploits the fact that he is wheelchair-bound: He’s not a California resident. He resides in an Arizona assisted-living facility.

It’s because he finds California such a target-rich environment for ADA litigation that he makes a yearly trip to our fair state to seek out fresh prey. Read more…

Woman Questioning PREMIER Center ADA Compliance

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ADA Compliance

SIOUX FALLS, S.D. –

A Sioux Falls woman has filed a complaint with the Department of Justice, claiming the Denny Sanford PREMIER Center is not ADA compliant.

This comes after an incident at the Bob Seger concert on Mar. 17 where an elevator broke down for a short period of time.

Seger may have brought down the house, but once the music stopped, some people were having trouble getting out of the house.

“I found a group of people just waiting and waiting,” said Joy Tuscherer.

Tuscherer walks with a cane and says she also has a brain disease. She was among the group that lined up at one of the elevators after the show.

“I went over to a woman who was using a motorized wheelchair and I said ‘what is going on with the elevator’,” said Tuscherer. Read more

Commissioners approve ADA-related items

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ADA Compliance

CORPUS CHRISTI – By the end of April, Nueces County may be the first county in the state of Texas to have all its voter registration materials available in Braille, large print, audio and HTML formats. These alternate means to communicate is part of changing policies the county is recommending to get in compliance with the Americans with Disabilities Act. Read More

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

ADA News
ADA News

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), Los Angeles Community College District and East Los Angeles College will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment:

Los Angeles Community College District and East Los Angeles College does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication:

Los Angeles Community College District and East Los Angeles College will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in College programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures:

Los Angeles Community College District and East Los Angeles College will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all College programs, services, and activities. For example, individuals with service animals are welcomed in College facilities, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a College program, service, or activity, should contact the office of East Los Angeles College, ADA Coordinator as soon as possible but no later than 48 hours before the scheduled event

The ADA does not require the College to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

The College will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs

Concerns that a College program, service, or activity is not accessible to persons with disabilities should be directed to:

Evelyn Escatiola
ADA Coordinator
East Los Angeles College
office
323-265-8631 fax
escatie@elac.edu

City launches ADA compliance campaign

The city of McMinnville is proposing to enforce a 48-inch wide right of way along downtown sidewalks
The city of McMinnville is proposing to enforce a 48-inch wide right of way along downtown sidewalks

After receiving complaints about tables, chairs, sandwich boards and planters encroaching into the sidewalk right of way in downtown, the city is reminding downtown business owners that a swath 48 inches wide must be maintained under the Americans with Disabilities Act.

The McMinnville Downtown Association will be hosting a meeting at 8:30 a.m. Friday, April 17, at the Golden Valley Brewery &  Restaurant, to field merchant questions.

The ADA requires cities to maintain 48 inches of clearance so people can navigate sidewalks in wheelchairs.Read more…

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