Each part of a counter that has a separate and different function needs to have its own accessible portion of counter space. Where provided, at least one of each type of sales counter and service counter shall comply with 2010 ADA Standard 904.4. Where counters are dispersed throughout the building or facility, counters complying with 2010 ADA Standard 904.4 also shall be dispersed. For additional information please see Accessible Counters.
Read MoreWhat we have here is a toilet room that is described by signage as accessible; however, after an individual in a wheelchair enters this toilet room, the toilet stall is not accessible and the exit door is also not accessible. So this disabled individual is trapped inside a toilet room that they cannot use! This is an accessible toilet room done wrong.
Read MoreIt is common in ADA lawsuits to see complaints about the slope of accessible vehicle parking spaces. These are valid complaints and repairs are required. Raising the accessible parking to level the surface can be done with concrete and then smoothing the edge with the adjacent asphalt parking space.
Read MoreRecently the US Department of Justice filed a Statement of Interest (Statement) in the Doe v. Zucker lawsuit in the Northern District of New York. The Statement addresses a New York State regulation limiting admission of individuals with Serious Mental Illness into segregated settings called Adult Homes.
Read MoreIn most hotels in the United States that have more than one floor, there is a standpipe installation in the stairway that is part of the fire protection system. The problem is that many times these standpipe installations violate the ADA for protruding objects. One simple and inexpensive solution is to build out a framed drywall installation below the standpipe.
Read MoreThis is a good example of a non ADA compliant restaurant check in/check out counter. A portion of the counter at least 36 inches long should be no more than 36 inches above the finished floor.
Read MoreThis article shows an example of the ADA done right for an accessible exterior route. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.
Read MoreEmployees who are required to work from the home may request, and their employer should consider, reasonable accommodations for a disability while working in their home.
Read MoreEEOC laws, including the Americans with Disabilities Act (ADA) and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19.
Read MoreThe US Department of Justice (DOJ) has updated its “Common Questions About COVID and the Americans with Disabilities Act (ADA)” to address two COVID-era issues affecting people with disabilities. For the complete answers to these questions please click on DOJ Covid Questions and Answers.
Read MoreThe DOJ recently entered into a settlement agreement with AdventHealth-Gordon (Advent) under Title III of the Americans with Disabilities Act (ADA) to ensure effective communication for patients and companions who are deaf and hard of hearing. This lawsuit was avoidable if Advent would have taken a pro-active approach to ADA compliance.
Read MoreA resident at multi-family housing can request to have a van accessible parking space at a certain location, but that resident may have to pay for that installation themselves, if approved. A disabled multi-family housing resident has a right under the FHA to file a request for a reasonable accommodation in the form of a reserved parking space with their landlord, if needed because of their disability. The FHA Guidelines do not require nor specify the size of van-accessible access aisles.
Read MoreA non-positive shutoff valve feature is required when a detachable shower spray head is installed in a bathing room designed for use by individuals with disabilities. A non-positive shutoff within the detachable spray shower head allows for a small flow of clean/potable water through the detachable spray shower head even when the ON/OFF switch for the detachable head is in the OFF position. This flow of water prevents the backflow of brown water into the plumbing system.
Read MoreDOJ sued Barnet Dulaney Perkins Eye Center, PC, an optometry and ophthalmology provider, for violating the ADA by refusing to transfer certain patients using wheelchairs onto surgical and exam tables and instead requiring these patients to hire third-party medical support personnel for this service.
Read MoreThe Ellie G’s Dream World inclusive playground in Franklin, TN will get underway in January, 2022. The goal is to raise $1.5 million of the playground’s estimated cost of $3 million through community sponsorship. Opportunities to donate range from half a million dollars to the cost for a cup of coffee. Most play areas (playgrounds) for Title II or Title III facilities must comply with the ADA. The ADA has very specific and stringent requirements for play area surfaces.
Read MoreThe Tennessee Housing Development Agency (THDA) offers multiple programs to assist Tennessee homeowners with home modifications to increase safety, livability, and visitability. This article is about the TN Home Weatherization Assistance Program. Improving home weatherization will make a home more livable and visitable. Improving home weatherization will reduce the cost of home ownership, which increases the opportunity for individuals to live in their homes longer. Aging-in-place concepts include improving home weatherization to make the home more livable and visitable.
Read MoreIn recent lawsuit settlements the DOJ has required entities with websites and mobile aps to create a position for a Web Accessibility Coordinator (WAC). If no employees of an entity are willing or able to serve as a WAC, a consultant should be hired to fill that role. Proactive entities should consider adding a WAC to their staff to prevent or avoid lawsuits regarding website and mobile app accessibility.
Read MoreThe Tennessee Housing Development Agency (THDA) offers multiple programs to assist Tennessee homeowners with home modifications to increase safety, livability, and visitability. This article is about the Home Modifications and Ramps Program, which is administered by United Cerebral Palsy (UCP) of Middle Tennessee. UCP builds ramps and coordinates state-wide construction of wheelchair ramps for individuals with mobility disabilities whose homes are without proper accessibility.
Read MoreThe DOJ announced that it has entered into a settlement agreement with the Champaign-Urbana Mass Transit District (MTD) to resolve alleged violations of Title II of the ADA that involve the website and mobile applications for MTD. Title II of the ADA requires state and local governmental entities like public transportation providers to provide individuals with disabilities an equal opportunity to benefit from their services, programs and activities.
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