In California, business owners must comply with both California and Federal accessibility laws.
- Failure to comply with the law can be costly! ADA became law in 1990 and owners, lessors, lessees, and operators of California businesses which have not met the law's basic requirements continue to be sued on a daily basis. Noncompliance with ADA can result in expensive lawsuits with substantial monetary penalties.
- Compliance is financial protection. Like insurance, it only takes one time to realize that it is much less expensive to comply on your own than to pay fines as well as contend with the expense of mandated compliance.
- You maintain control of the compliance process. Once you've completed a proper evaluation and have a defensible ADA plan on file, you have given yourself control of the compliance process (and control of the costs). Without a legitimate plan, a lawsuit or formal complaint could turn control of compliance (and your budget) over to the courts. Get the basics done right now, and avoid the possibility of someone else dictating how and where you spend your money!
- Lawsuits are a fact of life. ADA lawsuits are the tool of enforcement. But documented compliance efforts, along with the written evaluations and plans required by the ADA, provide your strongest defense in court.
- Compliance is the right thing to do. Most businesses are willing to accommodate the needs of its customers, regardless of disability, but the ADA's confusing and ambiguous requirements make it difficult to understand exactly what is required.
Why Stay Compliant?
A disabled person visits your property and observes several violations of the ADA at your location. Typically the next step is you that are served a lawsuit claiming damages for disability discrimination.
In the Sacramento, California area alone there are one or two ADA law suits filed every business day.
The Bottom Line is that your property and business must be in compliance with ADA standards. It's the law. Opportunistic individuals and law firms are visiting California businesses and are suing in State and Federal court. The law gives them up to $4,000 per incident, and it can be compounded to tens of thousands of dollars. Settlements do not prevent future lawsuits regarding the same property unless all violations are addressed.
Avoid being named as a defendant in the next lawsuit. Remember the penality is $4,000 for EACH violation at EACH location. ADA Consultant Services has experienced and knowledgeable ADA accessibility specialists who will visit your property and then provide you with a written report identifying the compliance requirements applicable to your property.
Associates of ADA Consultant Services
Cris C. Vaughan,
Attorney at Law
Mr. Vaughan is an attorney admitted to practice law in California and Nevada. He is admitted to practice before a number of different United States District Courts in several states as well as the Ninth Circuit Court of Appeal in San Francisco and the United States Supreme Court.
He has represented hundreds of clients in ADA accessibility lawsuits in both state and federal court since 2000. His clients have included private and public entity plaintiffs and defendants. Mr. Vaughan is a Certified Accessibility Specialist (CASp) and a Certified ADA Coordinator (ADAC) who has performed more than four hundred (400) accessibility evaluations of both public accommodations and government facilities over the last ten (10) years. He served as President of CASI (Certified Accessibility Specialist Institute) from 2015-2016.
Jason Vaughan, CASp, ADAC
Mr. Vaughan is a U.S. Army combat veteran. He is a Certified Access Specialist (CASp) and a Certified ADA Coordinator (ADAC) who has performed more than one hundred (100) accessibility evaluations of both public accommodations and government facilities over the last five (5) years. He has conducted accessibility evaluations for small businesses, apartment complexes, property management firms, national retail corporations and due diligence evaluations for property acquisitions.