Americans Disability Acts Violations

A brief history on ADA lawsuits: As most of you remember a few years back, (approx.. 3 years), most of our Gas Stations were hit claiming the keypads on the pumps were at an incorrect height. This lead to a lawsuit and thousands of dollars were spent on lowering the keypads, and more lawsuits followed after that costing thousands more. There was an uproar and I believe a California Senator, by the name of Dutton was able to pass a bill in California that put some checks and balances in place with these Attorneys and made it more difficult for them to sue.
 
Well, as you might have guessed, the attorneys have figured out a way around the California law by suing you in Federal Court instead of State Court.  In doing so, this pretty much threw the California statutes and regulations out the window.     
 
Suggested options;
 
•    Hire a Certified Access Specialist Program (CASP).  As the best option, CASP is a person who has been tested and certified by the State.  You can hire a CASP to assess any ADA deficiencies.  The big advantage is, if you comply with the recommendations that the CASP provides, you are then entitled to a 90 day hold on any legal proceeding and possible early evaluation conference.         You can go on line type in 'CASP" in your area, for more information.
•    Getting insurance - not the best option, as it is hard to find coverage, it’s expensive and the deductibles range from $10,000 to $25,000.
•    Do nothing, get sued and then hire an Attorney.  This would be the worst option.
 
The most common ADA violation we see today at our gas stations is the handicap parking.  Page 5 of the attachment talks about the space needed.  Just visited one of our customers this week, the station had the van access on the left side of the ADA parking space. This is a violation.  The law pretty much states, there needs to be a, one 8 foot marked ADA parking space in blue and on the RIGHT another 8 foot blue striped area for a van access with a wheel chair mechanism.
 
Here are a few other violations RKM has run across with some of our gas station customers;
Mirrors too high in the bathroom
Coat hangers/hooks too high in the bathrooms
ALL isles in the mini marts need to be 36 inches wide, (at 35 inches you’re in a lawsuit)
Cash counter is too high for an ADA person to reach up and pay...and the list goes on.
 
By hiring a CASP which costs around $500 to $800, may end up saving you thousands of dollars, as well as saving you time and frustration.
 
We are always available for any additional questions you may have.