ADA Discrimination Presented by: Hank Falstad, AIA Access Technologies Services, Inc. Access © 2010.

ADA ADA Discrimination Discrimination

Presented by:Presented by:

Hank Falstad, AIAHank Falstad, AIA

Access Technologies Services, Inc.Access Technologies Services, Inc.

Access© 2010

The Americans with The Americans with Disabilities Act of 1990Disabilities Act of 1990

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On July 26, 1990, On July 26, 1990, Congress enacted Congress enacted the Americans with the Americans with Disabilities Act of Disabilities Act of 1990 (“ADA”), with 1990 (“ADA”), with an effective date of an effective date of January 26, 1992January 26, 1992

ADA Amendments ADA Amendments ActAct of 2008of 2008

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On September 25, 2008, On September 25, 2008, Congress enacted the Congress enacted the Americans with Americans with Disabilities Amendments Disabilities Amendments Act of 2008 (“ADA”), Act of 2008 (“ADA”), with an effective date of with an effective date of January 1, 2009January 1, 2009

Is this an ADA violation???Is this an ADA violation??? YESYES NONO

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Hank FalstadHank FalstadAn architect who has specialized in ADAAn architect who has specialized in ADA

accessibility compliance for the last 17 years.accessibility compliance for the last 17 years.

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Ask the Ask the

ExpertExpert65 cases 65 cases satisfactosatisfacto

rily rily settledsettled

Is this an ADA violation???Is this an ADA violation??? YESYES NONO Access

If it is a violation, WHAT IS THE JURISDICTION?If it is a violation, WHAT IS THE JURISDICTION?

ADAADAU.S. Architectural and Transportation U.S. Architectural and Transportation Barriers Compliance Board (Access Barriers Compliance Board (Access Board) writes the safe harbor for design Board) writes the safe harbor for design and compliance with the ADA and is and compliance with the ADA and is ruled upon by a Federal Judge.ruled upon by a Federal Judge.

ADA & ABA Accessibility Guidelines ADA & ABA Accessibility Guidelines (ADAAAG); Final Rule, published in the (ADAAAG); Final Rule, published in the Federal Register on July 23, 2004, Federal Register on July 23, 2004, guidelines effective September 21, 2004guidelines effective September 21, 2004

Building CodeBuilding CodeThe International Code Council The International Code Council (ICC) officials write the safe (ICC) officials write the safe harbor for design and harbor for design and construction and is interpreted by construction and is interpreted by building officialsbuilding officials

International Building CodeInternational Building CodeICC/ANSI A117.1-2003ICC/ANSI A117.1-2003

How can ADA violations be corrected?How can ADA violations be corrected?In the ADA law passed by Congress and signed by In the ADA law passed by Congress and signed by the president, there is a provision for corrections:the president, there is a provision for corrections:

ADA Amendments Act of 2008:ADA Amendments Act of 2008:

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42 U.S.C. § 12205. Attorney’s fees

In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, costs, and the United States shall be liable for the forgoing the same as a private individual.

Access Technologies Services, Inc. (ACCESS) is taking Access Technologies Services, Inc. (ACCESS) is taking its 17 years of ADA accessibility compliance experience its 17 years of ADA accessibility compliance experience to the wheelchair occupant:to the wheelchair occupant:

Access

Together, let’s make all Public Together, let’s make all Public Accommodations and Services Accommodations and Services

Operated by Public Entities Operated by Public Entities ACCESSIBLE!ACCESSIBLE!

Together, let’s make all Public Together, let’s make all Public Accommodations and Services Accommodations and Services

Operated by Public Entities Operated by Public Entities ACCESSIBLE!ACCESSIBLE!

Have you been discriminated against? Talk to the Have you been discriminated against? Talk to the expert!expert!

We are your vehicle of help! Tell us of your ADA We are your vehicle of help! Tell us of your ADA accessibility experience.accessibility experience.

We will tell you if your experience is an ADA We will tell you if your experience is an ADA violation.violation.

We will guide you in making that ADA violation go We will guide you in making that ADA violation go away for you and other wheelchair occupants.away for you and other wheelchair occupants.

Free legal help is available – the law is on your side!Free legal help is available – the law is on your side!