To Our Valued Customers,

This edition focuses on Americans with Disabilities Act (ADA) violations — a growing source of costly lawsuits for gas station and convenience store owners.

We’ve attached a standard ADA compliance checklist for your review and files at the bottom of this Newsletter. We encourage you to share a copy with your managers to help prevent these types of lawsuits going forward.

A Brief History of ADA Lawsuits

A few years ago, many of our gas station customers were hit with lawsuits claiming that pump keypads were installed at an incorrect height. This triggered a wave of litigation, with businesses spending thousands of dollars to lower keypads — only to face further lawsuits and additional costs afterward.

The backlash led California State Senator Bob Dutton to pass legislation designed to add checks and balances, making it harder for attorneys to file these lawsuits so easily.

However, attorneys have since found a workaround: rather than suing in California state court, they now file in federal court, which largely bypasses the protections built into California’s statutes and regulations.

What You Can Do

You generally have three options when it comes to ADA compliance:

1. Hire a Certified Access Specialist (CASp) — Recommended A CASp is a professional tested and certified by the State of California to assess ADA compliance. If you follow a CASp’s recommendations, you become eligible for a 90-day hold on any legal proceedings, along with a possible early evaluation conference — giving you time to fix issues before facing a lawsuit. You can search online for a “CASp” specialist in your area.

2. Purchase Insurance This is not the strongest option. ADA-specific coverage is difficult to find, expensive, and typically comes with deductibles ranging from $10,000 to $25,000.

3. Do Nothing and Wait to Be Sued This is by far the worst option — and the most expensive, once legal fees and settlement costs are factored in.

A CASp evaluation typically costs between $500 and $800 — a small investment that can end up saving you thousands of dollars, along with considerable time and stress.

Common ADA Violations We’re Seeing

The most frequent violation we encounter at gas stations today involves handicap parking. Page 5 of the attached checklist outlines the required layout. During a recent site visit, we found a station with its van-accessible space positioned on the left side of the ADA parking space — a violation. The law requires:

• One 8-foot ADA parking space marked in blue
• An adjacent 8-foot striped van-access aisle positioned on the right, to accommodate wheelchair lift deployment

Other common violations RKM has identified at gas station properties include:

• Bathroom mirrors mounted too high
• Coat hooks or hangers mounted too high
• Mini-mart aisles narrower than the required 36 inches (35 inches is already a violation)
• Cash counters too high for a person using a wheelchair to reach

The Bottom Line

A CASp inspection is a modest expense that can prevent a much larger legal and financial headache down the road. We strongly encourage you to review the attached checklist and consider having your property assessed.

As always, we’re here to answer any questions you may have.

Sincerely, The RKM Team