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Thread: ADA violations?

  1. #1
    Senior Member NEWPARA's Avatar
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    ADA violations?

    Has anyoner personaly dealt with ada violations ?Im talking about handicap parking spaces ,and Accessible seating in restraunts.
    Ive been to this web site wich is very helpful.
    http://www.ada.gov/

    I have had to deal with alot of buisnesses not providing handicap parking .Its either absoulutly no handicap parking or very little.
    All buisness must provide the following:

    Accessible Parking

    When parking is provided for the public, designated accessible parking spaces must be provided, if doing so is readily achievable. An accessible parking space must have space for the vehicle and an additional space located either to the right or to the left of the space that serves as an access aisle. This aisle is needed to permit a person using a wheelchair, electric scooter, or other mobility device to get out of their car or van. A sign with the international symbol of accessibility must be located in front of the parking space and mounted high enough so it is not hidden by a vehicle parked in the space.

    Accessible parking spaces should be the spaces closest to the accessible entrance and be located on level ground. If it is not readily achievable to locate accessible parking in the closest spaces due to sloped pavement or other existing conditions, then the closest level area should be selected. An accessible route must be provided between the access aisle and the accessible building entrance. This route must have no steps or steeply sloped surfaces and it must have a firm, stable, slip-resistant surface.

    Van accessible spaces must have an access aisle that is at least eight-feet wide and be designated by a sign with the international symbol and "van accessible." There should be a vertical clearance of at least 98 inches on the vehicular route to the space, at the parking space, and along the vehicular route to an exit.

    Photo - Car parked in an accessible parking space that has an eight foot wide access aisle located next to the car. Caption - A Van Accessible Parking Space (1 of 8 of all accessible parking spaces, but at least one, must be van accessible. Although designated a van accessible space, cars may use the space too.)

    Notes for the photo -

    Provide a parking space that is at least 8 feet wide. There should be at least a 98 inch high clearance at the parking space, the adjacent access aisle and along the vehicular route to the space and vehicular exit.

    Install a sign with the international symbol of accessibility and "van accessible" and mount it high enough so it is not hidden by the vehicle parked in the space.

    Locate parking space and access aisle so that they are relatively level (1:50 maximum slope in all directions is recommended if readily
    achievable)

    Provide an access aisle that is at least 8 feet wide next to the van parking space to permit a person using a wheelchair or scooter to exit or enter a van with a side-mounted lift.

    Provide an accessible route to the accessible entrance(s) to the building - a marked crosswalk may be needed if route crosses vehicular traffic.

    I havent been in a chair long ,but Im pissed about the parking situations I have to deal with.Im going to make it my full time job to become the ADA police.At least someone later down the road will benifit from my actions.
    I guess the best way to deal with this situation is first talk to the owner then If nothing happens file a complaint to the U.S. district court.

  2. #2
    File a complaint through the Department of Justice. Don't expect them to do anything though. I tried once and received a nice form letter from them letting me know that I can spend my own money to sue the violators.

    The DOJ is a joke and the ADA is a mere suggestion.

    dave
    Dave

  3. #3
    Quote Originally Posted by NEWPARA
    I have had to deal with alot of buisnesses not providing handicap parking .Its either absoulutly no handicap parking or very little.
    Where are you going that there is NO gimp parking? As for "very little" parking, well, for smaller shops and businesses with small parking lots, all you'll see is one or two spots.

    Im going to make it my full time job to become the ADA police.At least someone later down the road will benifit from my actions. I guess the best way to deal with this situation is first talk to the owner
    It's cool that you're willing to speak up. Thank you for that and I agree that the first course of action should be to speak with the owner or management. Some people will give you attitude, but some people will listen and learn.

    C.

  4. #4
    It is an uphill battle, but I applaud your efforts. Remember the 1 HC spot per 25 total. I haven't found many parking lots to not comply with this ratio. I found a huge grocery store and the surrounding stores in this mini mall to be quite short so I contacted the DOJ only to be told that it had to be addressed locally. Haven't had the time or energy to do so yet..

    Use the search function here on the page on the blue bar and look up ''handicap parking'' and read ALL the older, a lot of recent, threads pertaining to this..





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  5. #5
    When I was first injured, the school system in podunk (not amarillo) refused to make any accommodations including the bathrooms. My dad's saying went something like this...."It take $250 to file a federal lawsuit which I have in my wallet right now. I know where the federal courthouse is. Do YOU know where the federal courthouse is??" (it was only 75 mi away) This got a lot of attention and usually got me the very basic accommodations I needed and nothing else.

    Also, my family eventually had an agent from DOJ working with us to resolve some problems with a publicly owned building that was not accessible. My dad wrote our US Senator asking for help after I was locked inside a building with no way out except for some of my friends to struggle and carry me up some stairs (the other good looking option was to call the volunteer fire department, have them smash the glass and carry me out that way). Apparently, it didn't matter that I used a wheelchair and I was in a meeting when it was time to lock up the front door with a laughable ramp on it. The folks in charge refuse to do anything about it until the agent from DOJ called and had a little "chat" with them. The problems were fixed shortly after the DOJ agent called on my behalf.

  6. #6
    Senior Member NEWPARA's Avatar
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    So would I start with the local city court house or would It be The building department?
    I would do this only after talking to the owner.The one parking garage in Pasadena california has about 6 levels and not 1 h/c spot
    The other 2 places have well over 50 spots and 1 spot that is not a official h/c spot.By official I mean its not wide enough and its not properly marked.

  7. #7
    Not that i've ever watched this fight before......(or fought fights over stuff before myself...) Here are a few things my dad has taught me on fighting for stuff:

    Talk to the owner if it's a private building. If it is a building owned by the government, go to that governmental entity's head. For example: if it is a city owned building/structure go talk to your council person privately or address the city council during the open comments from citizens time period of their meeting. Tell them what your problem is, ask how they will fix it, and demand that the problem be resolved. Be sure you're armed with all the information on what is the problem, including specs., how it can be solved, and where they can get the information from to help solve the problem.

    This method has worked very well for my family and I on getting all sorts of issues resolved. Remember, they are there to serve the public, and don't be afraid to remind them of that! The threat of going to the media could be a useful tool also when it comes to the world of politics-no politician would want to look bad in front of their constituents.

    As my dad says "Be UGLY!!!" Sometimes it's the only method that works. I always try to be polite at first, and then it's time to "get down and dirty" so to speak if being polite doesn't work.

    Good Luck!

  8. #8
    Newpara, start by talking with the ADA compliance person at your local ILC.

    All cities are also required to have an ADA compliance officer in the city government. They would be accountable for public spaces such as curb cuts, municiple garages, or access to public buildings, and for public transportation. They are also supposed to be sure that the permits and building inspection depts. are enforcing ADA and California Title 24 (which is actually more stringent than the ADA in many circumstances) regulations for new construction or permitted remodeling for business enterprises.

    Know the regulations backwards and forwards so you speak from some expertise. For example, the parking garage may not be required to have handicapped parking (often an issue if there is not enough roof clearance) if there is separate handicapped parking outside the parking garage that is even closer to the businesses or offices it serves, and if such parking is well labeled, of sufficient number, and no more expensive than inside the garage. The number of spaces required is determined by a formula, and both van and non-van spaces are allowed.

    Some cities do a better job than others. Torrance and Redondo Beach, CA suck, so it is not just Pasadena. We have seen the police park in handicapped spots in those cities and tell you that they can park there any time they want, even though there is no parking left for a vehicle with a legitimate placard. Letters to the editor of the local newspaper or to consumer help editors at local news TV or radio programs may be a tactic that can be helpful if you are trying to shame a business into compliance (and getting an OEF/OIF disabled veteran to do the complaining is even a better PR move).

    (KLD)

  9. #9
    Quote Originally Posted by SCI-Nurse
    Newpara, start by talking with the ADA compliance person at your local ILC.

    All cities are also required to have an ADA compliance officer in the city government. They would be accountable for public spaces such as curb cuts, municiple garages, or access to public buildings, and for public transportation. They are also supposed to be sure that the permits and building inspection depts. are enforcing ADA and California Title 24 (which is actually more stringent than the ADA in many circumstances) regulations for new construction or permitted remodeling for business enterprises.

    (KLD)
    Who requires all cities to do this or is this only in CA? I have called about several issues and it seems my city does not have one of these.
    If you can't handle me at my worst, then you sure as hell don't deserve me at my best.


    Sometimes it is easier to widen doors than it is to open minds.

  10. #10
    Sorry for your difficulties newpara. There is pending legislation concerning the upgrade and amendment to the 1990 Act. Additionally, here's an article and resource that may be able to help:

    Statement by Susan R. Meisinger, SPHR, President and CEO of the Society for Human Resource Development


    Note to Editors: Following is a statement by SHRM President and CEO Susan R. Meisinger, SPHR, regarding the ADA Amendments Act of 2008. The bill, a compromise measure supported by SHRM and other employer and disability advocacy groups, is being considered today by congressional committees.


    "As a former government official and long-time human resources leader, one of the proudest accomplishments of my career was my participation in implementation of the Americans with Disabilities Act in 1990. Recently, both I and members of the HR profession have been deeply concerned about proposed 'improvements' to this vital law.


    "Although we agree that the law needs revision, recent legislative proposals for that purpose actually threaten to water down and weaken a bill that has transformed our nation.


    "Under those prior proposals, ADA protection would have been expanded to employees with temporary impairments. That would have simply diluted the resources available to employees with disabilities who truly need and deserve accommodations.


    "In contrast, the legislation that passed the House committees today is supported by both the employer and disability communities. It focuses protection on those who need it most. It corrects the damage done by court interpretations over the past decade that have weakened ADA coverage for people with diabetes, epilepsy, serious heart conditions, mental disabilities, and even cancer.


    "Both the employer and disability communities have been able to unite behind this bill for a reason -- it is an effective remedy that is perfect for no one, but fair for everyone. It will put more Americans to work, and protect the people most deserving of that accommodation."


    About the Society for Human Resource Management

    The Society for Human Resource Management (SHRM) is the world's largest association devoted to human resource management. Representing more than 245,000 members in over 130 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the U.S. and subsidiary offices in China and India. Visit SHRM at www.shrm.org.


    CONTACT: Jeanene Harris of the Society for Human Resource Management, +1-703-535-6356, jharris@shrm.org


    /PRNewswire-USNewswire -- June 18/


    SOURCE Society for Human Resource Management

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