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Thread: Qusestion about the ADA and ADAAG

  1. #1

    Qusestion about the ADA and ADAAG

    Im am engineer and I work in an architectural firm, surrounded by ADAAG issues all day long. My question is as follows:

    Who enforces ADA violations?

    For example:

    I go out for dinner to restaraunt A and I find blantant architectural ADA violations. Obviously I could go to the manager in charge and inform him/her but this isnt going to go anywhere. If I go to the building owner he/she is just going to turn around and put the blame on the contractor, which in turn will blame the architect.

    How do you bypass this cycle and go to someone who enforces the law?

    BTW building inspectors arent the answer...most are in the pockets of the contractors.

    thanks in advance,

    Ben
    C5-6 - 22 years

  2. #2
    I think I answered my own question...

    The Access Board, also known as the Architectural Transportation and Barriers Compliance Board, is an independent federal agency whose primary mission is accessibility for persons with disabilities. Created in 1973, the Board develops minimum guidelines for standards issued under the ADA and other federal laws. In addition, they enforce the Architectural Barriers Act.

    still interested in local and state enforcement...
    C5-6 - 22 years

  3. #3
    As civil rights legislation, the ADA has no ADA police who are out enforcing this. It is enforced by people whose rights are violated filing complaints.

    First speak to the manager, and get names. Also write or speak to the building owner. Both the owner and any renter/leaser are equally responsible for accessibility under the ADA. Keep notes, copies of letters, etc.

    You can also contact your city or town's ADA compliance officer. All are required to have one, and all cities must have an ADA compliance plan and show that they are moving forward on compliance. This applies to both public spaces (sidewalks, for example) and enforcement of ADA standards through permitting and building inspection for public facilities, businesses, and covered living spaces.

    If neither of these get you satisfaction, then you can file a complaint with the DOJ (this applies to physical accessiblity of public and private businesses). The DOT is responsible for the complaint process for transportation (buses, etc.) and the DOL for employment ADA violations.

    Of course you can also use the "court of the press" and complain through your local TV/Radio/newspaper, and attend public forums such as city council or planning department meetings or hearings to complain and make your needs known. Your local ILC or PVA chapter may also be a resource for group action on problems.

    You need to start with talking directly to the business though. Many will comply if they know you plan to pursue other venues if the problem is not fixed.

    (KLD)

  4. #4

    US Department of Justice

    The United States Department of Justice.


    titanium4motion

  5. #5
    Senior Member
    Join Date
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    The Justice department is a mess right now, and has been for quite some time. We don't even have an attorney general. The one who resigned last week didn't give a hoot for individual rights. Filing a compalint with the Justice Department under the currant administration is a waste of time and energy. Our only option is litigation.

  6. #6

    US Department of Justice

    There are thousands of government employees that work for the US Department of Justice and there are many agencies under the Department of Justice. Educate yourself on them.

    The enforcement of the ADA is under the Civil Rights Division.

    I put in an ADA complaint to the Department of Justice and got a prompt reply in the US mail.

    titanium4motion
    Links credited to United States Department of Justice.

  7. #7
    Senior Member
    Join Date
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    Location
    Florida
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    1,322
    Titanium4motion, you say you filed a complaint and received a prompt reply, but was the issue resolved? I filed a HIPAA complaint last October, and received a quick reply, too. Since then I can not, despite repeated attempts, get status of my complaint. I have been told that there have been huge budget cuts in the Justice Department. The 800 number on the letterhead no longer puts me through to the Atlanta office. I have to call at my expense, and listen to a recording that lasts nearly 2 minutes before I am able to leave a message. There is no option to talk with a human. My letters and voice messages go unanswered. It is so darn frustrating!!!!

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