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Author Archives: William Adams
To CASp or not to CASp?
“CASp” refers to Certified Access Specialist. The designation was created by California Senate Bill 1608 which became law 2008, and can be found in Civil Code sections 55.3 et seq. When the bill was working its way through the legislature, … Continue reading
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Tagged ADA, Americans with Disabilities Act, CASp, Certified Access Specialist, SB 1186, SB 1608
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The Six Best Things to “Fix” to Prevent a Lawsuit by an Access Lawsuit Troll
While disabled access laws prescribe literally hundreds of specifications, there is a shortlist of items that trigger the majority of lawsuits. A property owner or business can substantially reduce the chance of being sued by upgrading these items, often at … Continue reading
A Proposal for Access Lawsuit Reform that Helps Everybody but the Lawyers
Even staunch supporters of the American’s with Disabilities Act and it’s California corollaries now widely acknowledge that these laws are being abused. A few lawyers and plaintiffs bring the bulk of the state’s disabled access lawsuits, typically relying on the … Continue reading
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Tagged abuse, ADA, disabled access, handicap, lawsuits, Reform
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Disabled Access Lawsuit Myths: Second Myth – Small Claims Need Big Lawsuits to force Compliance (i.e. Injunctive Relief)
This article is the second installment of the disabled access “myth” series. The first installment discussed the myth that alleged violators have been violating the law for for nearly 25 years. The article pointed out the fact that businesses in … Continue reading
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Tagged ADA, ADA abuse, ADA lawsuit, Americans with Disabilities Act, disabilities
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Disabled Access Lawsuit Myths: First Myth – 20 Years of Violating the Law.
The Americans with Disabilities Act (ADA) and has done much to reshape our country to make it more accessible to people with all varieties of disabilities. There is no doubt that it was one of the most important and beneficial … Continue reading
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Tagged access lawsuit, ADA, ADA lawsuit, Americans with Disabilities, disabled access, Unruh
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Is California’s Program for Removing Disabled Access Barriers Effective and Fair? Yes and No, in that Order.
Improving access for the disabled in our built environment is an important societal objective. In the U.S., an increasing portion of our population are seniors with mobility issues, people with illnesses effecting their mobility, and war veterans with ambulatory wounds. … Continue reading
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Tagged ADAAG, Disabled Persons Act, handicapped, lawsuit abuse, SB 1186, Unruh
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Trends in ADA Litigation: Three Ways Access Lawsuits are Becoming More Predatory
Disabled access lawsuits have long had a predatory aspect to them. A large percentage of the suits target properties that pre-date the enactment of access laws. These properties were largely exempted from the Americans with Disabilities Act (ADA) and California … Continue reading
Are Apartments and other Rental Properties Vulnerable ADA access lawsuits?
While the Americans with Disabilities Act (ADA) and California’s similar disability discrimination laws have broad applicability, the vast majority of lawsuits allege “access barriers” in “public accommodations.” The reason these access lawsuits far outnumber other ADA lawsuits (e.g., employment or … Continue reading
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Tagged accessibility, burke, CASp, disability, doran, handicap, ramp, Scott Johnson, title 24
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Gov. Brown Signs Highly Touted Disability Lawsuit Reform Bill but is it Overrated?
On September 19, 2012, California Governor Brown signed Senate Bill 1186 by Darrell Steinberg (D-Sacramento) and state Sen. Bob Dutton (R-Rancho Cucamonga), which was designed to deter abusive tactics in disabled access discrimination lawsuits. The bill has been touted as having the … Continue reading
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Cal. Supreme Court Rules Prevailing Civil Rights Plaintiff May Be Denied Attorney Fees Under CCP 1033
On January 14, 2010, the California Supreme Court issued its opinion in Chavez v. City of LA. While this was a Fair Employment and Housing Act case (FEHA), it could help to deter over-reaching by plaintiffs in California disabled access … Continue reading
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ADA Defense Law 