NEWS RELEASES

	Letter from CA State Attorney General Bill Lockyer, "Compliance with and Enforcement of California's Disabled Access Laws".
	The Ventura County Bar Association published Tony Falcone's article called "Retrofitting ADA Litigation" in their Citations Magazine February, 2010! Check it out at http://www.vcba.org/index.shtml
	Access One launches it's new web site! Bookmark us to find out the latest news about Accessibility.

FEATURED ARTICLE

Legal accessibility rights for Business Owners?
It's about time.

Written by Tony J. Falcone, CBO, CASp

Lawsuits, Settlements, Intimidation, Fear, these are the things business and building owners think of when they hear “ADA” or “Accessibility Rights”.  It’s often not a matter of if you will be sued, but when.  Now however, there is a way to protect your business from frivolous lawsuits.  In July of 2009, a new law went into effect (California Civil Code, Sections 55.51-55.54), based upon SB-1608, known as the “Construction-Related Accessibility Standards Compliance Act”.   At first glance you may think it’s another California accessibility law furthering our quest for “Equal Access for All”, however you will find in it special legal rights for building and business owners.  The new law will help educate, encourage and motivate business owners to upgrade and retrofit their businesses to comply with State and Federal accessibility laws, and is completely voluntary.

What is my incentive? There is no tarp money, no new State program or added tax incentive to help fund or encourage such improvements. Instead of being punitive in nature, this new voluntary law encourages by rewarding compliance.  By demonstrating your desire to upgrade your building or business to be fully accessible, the State will grant you “special legal rights”, designed to help defend against frivolous accessibility related lawsuits.  You do this by obtaining certification from a State Certified Access Specialist or CASp.

What advantage does this give me? 
 Once you’re building and/or business is certified and you are named in an accessibility related lawsuit, you may request the court to place a 90 day stay (or hold) on the lawsuit.  This way the plaintiff cannot rack up hours of legal fees pressuring you into “settling”.  It also means that you can request an early evaluation conference with a judge or commissioner who has received specialized training in accessibility laws and requirements who will review the case and any claimed violations.  In essence, these special legal rights will have the effect of eliminating most (if not all) of the frivolous accessibility discrimination claims or suits that may come your way. 

What must I do to certify my building or business?  You must first retain the services of a CASp professional who will perform an inspection of your building or business.  Upon completing the inspection, the CASp professional will provide you with a state numbered “Disability Access Inspection Certification”.  The certification will read either: “CASp-Inspected” or “CASp determination pending”.  “CASp determination pending” means there where accessible barriers (problems) found and noted in the CASp inspection report.  You will then coordinate with your CASp professional in putting together a reasonable plan/program on when and how to address/correct each item.  Once all barriers are corrected to the fullest extent feasibly possible, then the certification will be changed to read “CASp-Inspected”.  It does not matter whether your certification is designated as “CASp determination pending” or “CASp-Inspected” the special legal rights granted to you are the same.

What is CASp?  A big part of this new law is the CASp program.  This program creates a new profession called “Certified Access Specialists” (or CASp), who assist building/business owners in complying with all of the confusing and sometimes conflicting State and Federal accessibility laws and regulations.  To obtain this title professionals must submit evidence they meet the extensive experience and knowledge required prior to taking the State certification exam.

Where do I find a CASp professional?  You can log onto the California State’s Department of General Services (DGS) web site at https://www.apps.dgs.ca.gov/casp/casp_certified_list.aspx for a complete list of CASp professionals.  You can also perform internet searches for Certified Access Specialists and find consulting firms who provide these services.  However be vigilant, as many firms talk about providing accessibility inspection services but are not CASp certified.  Only a CASp certified professional can assist you with complying with the new “Construction-Related Accessibility Standards Compliance Act” and obtain the special legal rights.

Conclusion:  We all want equal access for all, and California has always been in the forefront of developing and promoting equal access. Unfortunately over the years people have taken advantage of these laws and filed many thousands of frivolous lawsuits.  Business owners have felt powerless against these lawsuits and are often instructed by their attorneys to offer huge sums of money to settle, even when their building or space meets all State accessibility requirements.  This is why the State created the CASp professional, they will assist people in understanding and complying with all accessibility requirements.  Instead of building/business owners paying huge sums of money and accomplishing nothing in regards to improving accessibility, they can invest in their business and obtain a Disability Access Inspection Certification.  Owners will feel good about assisting their clients/customers in providing the highest level of accessibility that is reasonable and feasible. They will also have confidence knowing that with their “special legal rights” granted by the State of California, they will have the ability to defend themselves against people who are only looking to further their own bank accounts and not accessibility for all.

About the Author:  Tony Falcone, CBO, CASp, has over 27 years experience as an accessibility expert, and is President of Access One-The Certified Access Specialists, LLC.

AccessOneTony@verizon.net   CertifiedAccessSpecialists.com

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Legal accessibility rights for Business Owners? It's about time.
Written by Tony J. Falcone

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