To Our Valued Customers,<\/p>\n\n\n\n
This edition focuses on Americans with Disabilities Act (ADA) violations \u2014 a growing source of costly lawsuits for gas station and convenience store owners.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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 \u2014 only to face further lawsuits and additional costs afterward.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
However, attorneys have since found a workaround: rather than suing in California state court, they now file in federal court<\/strong>, which largely bypasses the protections built into California’s statutes and regulations.<\/p>\n\n\n\n You generally have three options when it comes to ADA compliance:<\/p>\n\n\n\n 1. Hire a Certified Access Specialist (CASp) \u2014 Recommended<\/strong> 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 \u2014 giving you time to fix issues before facing a lawsuit. You can search online for a “CASp” specialist in your area.<\/p>\n\n\n\n 2. Purchase Insurance<\/strong> 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.<\/p>\n\n\n\n 3. Do Nothing and Wait to Be Sued<\/strong> This is by far the worst option \u2014 and the most expensive, once legal fees and settlement costs are factored in.<\/p>\n\n\n\n A CASp evaluation typically costs between $500 and $800 \u2014 a small investment that can end up saving you thousands of dollars, along with considerable time and stress.<\/p>\n\n\n\n The most frequent violation we encounter at gas stations today involves handicap parking<\/strong>. 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<\/em> side of the ADA parking space \u2014 a violation. The law requires:<\/p>\n\n\n\n Other common violations RKM has identified at gas station properties include:<\/p>\n\n\n\n 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.<\/p>\n\n\n\n As always, we’re here to answer any questions you may have.<\/p>\n\n\n\n Sincerely, The RKM Team<\/p>\n\n\n\nWhat You Can Do<\/h2>\n\n\n\n
Common ADA Violations We’re Seeing<\/h2>\n\n\n\n
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The Bottom Line<\/h2>\n\n\n\n