ADA Compliance Attorneys

California ADA compliance attorney, Douglas Wade, has successfully defended business clients in ADA related matters from litigation through appeal.

By Douglas Wade, Attorney

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Table of Contents

1. Nakase Wade ADA compliance attorney

2. What is the ADA?

3. Readily Achievable Barrier Removal

4. ADA violation defense attorney

5. Readily Achievable Barrier Removal

6. ADA Compliance

Nakase Wade ADA compliance attorney

Douglas Wade, an ADA compliance attorney at Nakase Wade law firm, assists business clients in adhering to the Americans with Disabilities Act (ADA). This federal law in the United States safeguards individuals with disabilities against discrimination in various domains, including employment, transportation, public accommodations, and telecommunications. ADA compliance lawyers like Douglas Wade work closely with their clients to ensure they understand and meet the ADA’s requirements, thereby preventing legal issues related to disability discrimination.

Douglas Wade, from Nakase Wade, serves as an ADA compliance attorney defending business and property owners in cases of ADA compliance violations across Los Angeles County, San Diego County, and Orange County.

Here are the primary responsibilities associated with the role of an ADA compliance attorney:

Legal Consultation

An ADA compliance attorney offers legal counsel to businesses, organizations, and entities on matters pertaining to ADA compliance.
An ADA compliance lawyer aids clients in comprehending their responsibilities under the ADA.

Audit and Assessment

An ADA violation defense attorney conducts thorough evaluations of a client’s policies, practices, and facilities to pinpoint potential ADA compliance concerns.
An ADA compliance attorney assesses existing procedures and recommends adjustments to ensure alignment with ADA regulations.

Training

An ADA compliance lawyer provides comprehensive training for employees and staff to ensure they are well-versed in ADA requirements.
An ADA violation defense attorney educates clients on creating accommodating environments for individuals with disabilities in both workplaces and public spaces.

Policy Development

An ADA compliance attorney assists in the formulation and implementation of policies and procedures that align with ADA standards.
An ADA compliance lawyer drafts or amends employee handbooks and other documents to reflect ADA compliance.

Accessibility Consultation

An ADA violation defense attorney advises on making physical spaces and digital content accessible to individuals with disabilities.
An ADA compliance attorney addresses issues related to accessible design, construction, and website accessibility.

Response to Complaints

An ADA compliance lawyer handles complaints or legal actions alleging ADA violations promptly.
An ADA violation defense attorney works towards resolving disputes through negotiation or alternative dispute resolution methods.

Documentation and Record-Keeping

An ADA compliance attorney ensures clients maintain proper documentation regarding their ADA compliance efforts.
An ADA compliance lawyer keeps records of accommodations provided to individuals with disabilities.

Stay Informed

An ADA violation defense lawyer stays updated on changes in ADA regulations and legal interpretations to offer precise and current advice to clients.

Representation in Legal Proceedings

An ADA compliance attorney acts as legal representation for clients facing ADA-related lawsuits or complaints.
An ADA compliance lawyer defends clients against allegations of non-compliance.

The chief objective of an ADA compliance attorney is to aid clients in establishing an inclusive and accessible environment for individuals with disabilities, thereby reducing the risk of legal challenges and promoting equal opportunities for all.

What is the ADA?

The ADA, or Americans with Disabilities Act, is a comprehensive legislation governing accessibility for individuals with disabilities, encompassing five distinct titles.

Title 1: Employment

This section outlines the obligations of employers in accommodating workers with disabilities within the workplace. It covers all aspects of the employment process, from hiring to termination. Employers are mandated to offer reasonable accommodations to facilitate disabled employees in performing their job responsibilities.

Title 2: State and Local Government Services

Title 2 addresses the treatment of individuals with disabilities in public spaces and government-run entities.

Title 3: Public Accommodations

Under Title 3, businesses are required to ensure that their premises are accessible for customers with disabilities. This title aims to prevent any form of discrimination in accessing their services.

Title 4: Telecommunications

Telecommunications services are mandated to provide accommodations to enable individuals with disabilities to avail of their services.

Title 5: Miscellaneous

Title 5 delves into the interplay between the ADA and other laws. It also outlines conditions that do not qualify as disabilities under the ADA.

Readily Achievable Barrier Removal

“Readily Achievable Barrier Removal” pertains to the obligation of public accommodations to eliminate barriers only when it can be easily accomplished without significant difficulty or expense.

This standard is relative to other ADA provisions. The ADA sets distinct criteria for existing structures versus new constructions. In existing facilities, where retrofitting might be costly, the requirement for accessibility is less stringent compared to new constructions and alterations, where accessibility can be integrated from the outset of the design and construction process without a substantial increase in cost.

Additionally, the “readily achievable” standard demands less effort from public accommodations than the “undue burden” restriction on auxiliary aids under the ADA. In this context, it can be considered a more lenient standard. Furthermore, it is less rigorous than the “undue hardship” standard in Title I, which limits the obligation to provide reasonable accommodation in employment. For further details, one may refer to the ADA Access Board.

Determining the feasibility of barrier removal is inherently a case-specific assessment. Factors to take into account encompass:

The nature and expense of the action;
The overall financial capabilities of the site or sites involved, including the number of personnel employed, its impact on expenses and resources, necessary safety measures, and any other effects on site operation;
The geographic separation, and the administrative or financial ties of the site or sites in question to any parent corporation or entity;
If applicable, the overall financial resources of any parent corporation or entity, considering size, employee count, facility number, and location;
If applicable, the operations of any parent corporation or entity, including workforce composition, structure, and functions.

If the public accommodation is part of a facility owned or operated by a parent entity with operations across numerous sites, both the local facility and parent entity’s resources must be considered to ascertain if removing a specific barrier is “readily achievable.” Further, the administrative and fiscal relationship between the local facility and parent entity must be taken into account when evaluating available resources for a particular barrier removal action.

Determining which barriers can be reasonably removed, or are “readily achievable,” is a case-specific decision, as there is no definitive answer to this question. The Department’s regulations outline 21 potential modifications that may fall under the category of readily achievable, including:

Ramp installation;
Creating curb cuts in entrances and sidewalks;
Adjusting positions of shelves;
Rearranging furniture like chairs, tables, display racks, and vending machines;
Telephone relocation;
Putting tactile markings on elevator controls;
Installing alarm systems that flash;
Widen doors;
Utilizing offset hinges to make doorways wider;
Providing an alternative accessible path or removing turnstiles;
Accessible door hardware installation;
Putting grab bars in toilet stalls;
Increase maneuvering space by rearranging toilet partitions;
Prevent burns by insulating lavatory pipes;
Raising toilet seats;
Making bathroom mirrors full-length;
Changing the position of bathroom paper towel dispensers;
Designating accessible parking spaces;
Installing an accessible paper cup dispenser at an currently inaccessible water fountain;
Removing low density, high-pile carpeting; or
Installing vehicle hand controls.

However, it is important to note that businesses are not obligated to implement these modifications if doing so would result in a significant loss of selling or serving space. This list is illustrative, and while these modifications may be readily achievable in many cases, it may not apply universally. The determination of feasibility must be made based on individual circumstances and the factors mentioned earlier.

Regarding retrofitting existing buildings with elevators, a public accommodation is generally not required to do so if it would necessitate extensive restructuring or significant expense. The readily achievable standard does not mandate barrier removal that involves substantial alterations. Thus, if providing access through a flight of stairs is not readily achievable, the ADA would not demand access to an area reachable only by stairs.

As for seeking accessible space, a public accommodation is not compelled to lease accessible space. However, once leased, the requirements for barrier removal in existing facilities apply. Additionally, any alterations to the space must meet accessibility standards for alterations. For further information, please refer to the Americans with Disabilities Act at the Department of Labor. The Justice Department enforces the ADA for the federal government, and in San Diego, there is a dedicated ADA compliance department.

ADA violation defense attorney

Nakase Wade ADA compliance attorneys are well-versed in ADA compliance and can provide robust defense against accessibility claims and ADA-related lawsuits that your business may encounter. We have a proven track record of assisting various types of businesses, including:

Financial institutions, such as banks
Restaurants
Hotels
Retail stores
Malls and shopping centers
Wineries
Sports facilities
Stadiums
Theatres
Healthcare providers
Educational institutions
Apartment communities

The Department of Justice, advocacy groups, and individuals with disabilities have the authority to take legal action to ensure businesses adhere to ADA regulations. At Nakase Wade, our ADA compliance attorneys proactively address these concerns and work diligently to ensure our clients are in full compliance, thereby minimizing the risk of prolonged and resource-intensive litigation.

Readily Achievable Barrier Removal

Public accommodations are required to remove barriers only when it is “readily achievable” to do so. “Readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense.

How does the “readily achievable” standard relate to other standards in the ADA? The ADA establishes different standards for existing facilities and new construction. In existing facilities, where retrofitting may be expensive, the requirement to provide access is less stringent than it is in new construction and alterations, where accessibility can be incorporated in the initial stages of design and construction without a significant increase in cost.

This standard also requires a lesser degree of effort on the part of a public accommodation than the “undue burden” limitation on the auxiliary aids requirements of the ADA. In that sense, it can be characterized as a lower standard. The readily achievable standard is also less demanding than the “undue hardship” standard in title I, which limits the obligation to make reasonable accommodation in employment. you may find more information at the ADA Access Board.

How does a public accommodation determine when barrier removal is readily achievable? Determining if barrier removal is readily achievable is necessarily a case-by-case judgment. Factors to consider include:

1) The nature and cost of the action;

2) The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site;

3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

If the public accommodation is a facility that is owned or operated by a parent entity that conducts operations at many different sites, the public accommodation must consider the resources of both the local facility and the parent entity to determine if removal of a particular barrier is “readily achievable.” The administrative and fiscal relationship between the local facility and the parent entity must also be considered in evaluating what resources are available for any particular act of barrier removal.

What barriers will it be “readily achievable” to remove? There is no definitive answer to this question because determinations as to which barriers can be removed without much difficulty or expense must be made on a case-by-case basis.

The Department’s regulation contains a list of 21 examples of modifications that may be readily achievable:

1) Installing ramps;

2) Making curb cuts in sidewalks and entrances;

3) Repositioning shelves;

4) Rearranging tables, chairs, vending machines, display racks, and other furniture;

5) Repositioning telephones;

6) Adding raised markings on elevator control buttons;

7) Installing flashing alarm lights;

8) Widening doors;

9) Installing offset hinges to widen doorways;

10) Eliminating a turnstile or providing an alternative accessible path;

11) Installing accessible door hardware;

12) Installing grab bars in toilet stalls;

13) Rearranging toilet partitions to increase maneuvering space;

14) Insulating lavatory pipes under sinks to prevent burns;

15) Installing a raised toilet seat;

16) Installing a full-length bathroom mirror;

17) Repositioning the paper towel dispenser in a bathroom;

18) Creating designated accessible parking spaces;

19) Installing an accessible paper cup dispenser at an existing inaccessible water fountain;

20) Removing high pile, low density carpeting; or

21) Installing vehicle hand controls.

Businesses such as restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit wheelchair access, but they are not required to do so if it would result in a significant loss of selling or serving space. For more information, please visit ADA.gov.

The list is intended to be illustrative. Each of these modifications will be readily achievable in many instances, but not in all. Whether or not any of these measures is readily achievable is to be determined on a case-by-case basis in light of the particular circumstances presented and the factors discussed above.

Are public accommodations required to retrofit existing buildings by adding elevators? A public accommodation generally would not be required to remove a barrier to physical access posed by a flight of steps, if removal would require extensive ramping or an elevator. The readily achievable standard does not require barrier removal that requires extensive restructuring or burdensome expense. Thus, where it is not readily achievable to do, the ADA would not require a public accommodation to provide access to an area reachable only by a flight of stairs.

Does a public accommodation have an obligation to search for accessible space? A public accommodation is not required to lease space that is accessible. However, upon leasing, the barrier removal requirements for existing facilities apply. In addition, any alterations to the space must meet the accessibility requirements for alterations. Please visit American with Disabilities at the Department of Labor. The Justice Department enforces the ADA for the federal government. In San Diego, the there is a ADA compliance department.

ADA Compliance

Nakase Wade lawyers will help you to defend any accessibility claims and ADA lawsuits your business may face. We have an excellent track record for helping the following types of businesses:

Financial institutions, including banks
Restaurants
Hotels
Retail stores
Malls and shopping centers
Wineries
Sports facilities
Stadiums
Theatres
Healthcare providers
Educational institutions
Apartment communities

The Department of Justice, advocacy groups, and disabled people can sue to ensure businesses comply with ADA. At Nakase Wade, we get ahead of the threat and ensure our clients are fully compliant to reduce the risk of time consuming litigation.

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ADA Compliance Attorneys

Nakase Wade ADA compliance attorney

What is the ADA?

Readily Achievable Barrier Removal

ADA violation defense attorney

Readily Achievable Barrier Removal

ADA Compliance

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