Staffing for "Watchdogs in Wheelchairs" Program

We at ACCESS are staffing up to assist handicapped Americans in our efforts in making every commercial building become ADA compliant.  We will need over 1,000 "Watchdogs in Wheelchairs" to meet our goal of filing 100 ADA non-compliant per week, before years end.  Because ADA is Civil Rights Law, it allows the "Watchdogs in Wheelchairs" free filing costs, attorney fees, and attorney costs all paid by the building owner.

Jerry is our first "Watchdogs in Wheelchairs".  He is excited about the access "Watchdogs in Wheelchairs" program.  And we're excited to have Jerry on our team.  Join Jerry and ACCESS and become one of "Watchdogs in Wheelchairs" today.

Contact us at ACCESS, we are here to help handicapped Americans get all buildings ADA compliant, with special emphasis today on the lodging industry: hotels, motels and time-shares.

Post your comments here, or on our FB page at http://www.facebook.com/?sk=lf.  Or, as always, you can contact us by phone at (702) 649-7575 or by email at hfalstad@accessts.net.

Hank

"Watchdogs in Wheelchairs": Jerry (2)

I have talked about Jerry, one of our first "Watchdogs in Wheelchairs" before.  He will be visiting a Hilton property in the near future.  He had some surgery earlier this year.  I sent Jerry a copy of the final rule, all 303 pages.  Jerry has not been able to look at it yet.  He told me his hands do not function so he can't turn the pages.  He will need someone to turn those pages for him so he can get them scanned into his computer.  The degree of which some of  our "Watchdogs in Wheelchairs"are handicapped is an eye opener to me...every day.  And their commitment to the ACCESS program of getting all building ADA compliant for all persons that are handicapped who will directly benefit from your efforts is a reward in itself.  It is a real privilege for me, an architect who has specialized in building accessibility compliance for the last 18 years to bring the professionalism of ACCESS to the "Watchdogs in Wheelchairs".  Today we are concentrating on the lodging industry which includes hotels, motels and time-shares.  Take your digital camera with you when you're traveling this month. 

Come join Jerry in the "Watchdogs in Wheelchairs" program.  Let me hear from you today...Jerry needs you to also be active in getting buildings ADA compliant.

For further questions, or details comment here or at our FB page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/?sk=lf or contact me at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank

What to Do While on The Road Traveling

As "Watchdogs in Wheelchairs" on the road traveling this summer, I want to remind you of the steps to take when you check-in.  Be sure to ask and book an accessible room with 2-beds and a roll-in shower.  Take digital color photos of the room, roll-in shower, lobby area, public restrooms and outside of the facility to include the accessible parking area and a few overall photos of the hotel, motel or time-share.  Email photos and a copy of your hotel bill to me (hfalstad@accessts.net).  I will review the information and let you know if there is an ADA non-compliant case.  You will be kept informed all the way to a final ADA compliant building.

To discuss further, comment here or at our FB page @ http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  Or feel free to call (702) 649-7575 and ask for myself or Patricia.  We're at your service.

Hank

Are Property Owners Reference in the ADA Non-Compliant Complaint?

Are property owners reference in the ADA non-compliant complaint?  The answer is yes, they are called the Defendants.

Defendants are required to remove the existing architectural barriers to the physically disabled when such removal is readily achievable for its place of public accommodation that has existed prior to January 26, 1992, 28CFR §36.304(a); in the alternative, if there has been an alteration to Defendants' place of public accommodation since January 26, 1992, then the Defendants are required to ensure to the maximum extent feasible, that the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, 28 CFR §36.402; and finally, if the Defendants' Facility is one which was designed and constructed for first occupancy subsequent to January 26, 1993, as defined in 28 CFR §36.401, then the Defendant's Facility must be readily accessible to and usable by individuals with disabilities as defined by the ADA.

If you'd like to discuss further, comment here or on our FB page at http://www.facebook.com/?ref=home. Or you can reach me at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank

"Watchdogs in Wheelchairs": Jerry

Jerry is wheelchair bound and one of our first "Watchdogs in Wheelchairs".  He will be checking into a Hilton property in the very near future and will be requesting an accessible room with 2 beds and a roll-in shower.  He'll be taking some digital color photos of his room, roll-in shower, lobby area, public restroom, and the outside of the accessible parking and a few overall pictures of that Hilton property.  He'll be emailing the photos with a copy of his Hilton bill to me.  ACCESS will get the building ADA non-compliant complaint filed.  You see, Jerry is concerned when lodging facilities such as hotels, motels and time-shares are not ADA compliant for him and all other handicapped persons, and Jerry wants to do his part in making all buildings ADA compliant one building at a time, with the ACCESS program.

To all persons in wheelchairs, come join the ACCESS program and you too can do your part in getting buildings ADA compliant for you and all other handicapped persons.  Fellow handicapped persons like Jerry need your help.  Don't let them down.  Come join the ACCESS program of making buildings ADA compliant especially hotels, motels and time-share.

Hank

Can an Aide File an ADA Lawsuit?

William wrote that he is wheelchair bound, hemiparalyzed and brain injured, and he wants to help.  Williams is like many of our "Watchdogs in Wheelchairs" in that they need and have aides.  I get asked, can an aide file a lawsuit?  And the answer is no.

However, an aid can accompany the "Watchdogs in Wheelchairs" and record the information for the lawsuit, such as checking into the hotel, motel or time-share, and taking the photographs.  The complaint must be in the name of the "Watchdogs in Wheelchairs" and may also include the name of the aide.  In fact we encourage the aide's who accompanied the "Watchdogs in Wheelchairs" on the building visit be listed.

For further detail comment here or on our FB page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/?sk=lf.  Or give me a call at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank

Role of the "Watchdog in Wheelchairs"

It's important that we all know our role in our efforts to make building owners comply with ADA compliance.

With the "Watchdogs in Wheelchairs" in the role of the Plaintiffs.  The Plaintiffs have not, and are not required under law to list each and every one of the violations of the ADA with specificity.  The Ninth Circuit Court of Appeals has held that one visit to a public accommodation and encountering or knowing of barriers in violation of the ADA, which deter future visits to the public accommodation, confer standing on a plaintiff and the right to conduct a Rule 34 Inspection on the whole of the public areas of the public accommodation.

So, what the Court is saying, that to expect you to know as much as the professional accessibility architects at ACCESS is not realistic.  And that is why this is a team effort, with the "Watchdogs in Wheelchairs" as the leaders of the team, and we at ACCESS are your professional support.

If you have any questions, or want to discuss further, comment here or on our FB page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  Or, if you're more comfortable in discussing in person, feel free to contact me at (702) 649-7575 or email me at hfalstad@accessts.net.  I look forward to hearing from you.

Hank

Did You Know?

The ACCESS "Watchdogs in Wheelchairs" program brings over 18 years of specializing, as architects in accessibility compliance, to you at no cost to you.  We are the professionals on your team.

Congress explicitly stated that the purpose of the ADA was to:

• (i) provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
• (ii) provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; and,
• (iii) invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced on a daily basis by people with disabilities. 

          Title 42 U.S.C., Chapter 126 §12101 (b)(1)-(4)

You, "Watchdogs in Wheelchairs", are the leaders of the team, and as such, you need to take the first step and file the building ADA non-compliant complaint.  ACCESS will do the rest and keep you informed and updated throughout the entire process!

We want you to start with a lodging facility; hotel, motel or time-share.  Take the pictures and keep your receipt.  Email me at hfalstad@accessts.net the pictures and copy of your receipt and sit back to hear from your attorney.  Again, at no cost to you.

If you want to discuss further, visit us at our FB page and comment your concerns or thoughts on the matter.  Or, if you prefer, call me at (702) 649-7575 or email me.  We are at your service.

Hank

Lawyers' Language in ADA Non-Compliant Complaint

Some have come to me asking what the lawyers' language looks like in the ADA non-compliant complaint.  Note that the word "Plaintiff" is you, the "Watchdogs in Wheelchairs".

• The Plaintiffs have visited, used, or attempted to use the property which forms the basis of this lawsuit on, about and between the dates above referenced, and but for the discrimination they encountered on the visits, plan to and intend to return to the property to avail themselves of the goods and services offered to the public at the property.  The Plaintiffs have encountered architectural barriers and discriminatory policies and procedures at the subject property.  The barriers to access at the property have endangered their safety.  Plaintiffs are disabled individuals who are currently deterred from patronizing a public accommodation due to Defendants' failure to comply with the ADA and so they have suffered an actual injury.  Plaintiffs and each of them are threatened with harm in the future because of existing and imminently threatened non-compliance with the ADA, and so they suffered imminent injury.

Let me know if you wish to discuss in further detail.  Comment here, or on our FB page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  We look forward to hearing from you .

Hank

What Happens If the Building Owner Refuses to Remove His Building ADA Barriers?

First of all, we want to be sure your attorney and his experts get paid by the building owner, ACCESS being one of the experts.  Furthermore, I want to tell you this has never happened to ACCESS.  But, there is always a first!

If the building owner was real uncooperative, I would certainly consider turning over all our information to the U.S. Department of Justice (DOJ), whose responsibility is to enforce the Americans with Disabilities Act (ADA).  I have had clients that have gotten letters from the DOJ, and you talk about the fear those letter put on the in-house legal staff is unreal.  This is why the ACCESS "Watchdogs in Wheelchairs" program is a turn-key program. 

The building owner has all the documentation, ADA detail audit, ADA consulting on solutions, ADA retrofit permit drawing, ADA plan check of ADA retrofit permit drawings and a cost report form an ADA contractor.  The Federal Judge has all the information needed to order the building owner when to start and when he needs to be finished.

If you have any questions or want to add to the above post, comment on it here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  Or if you feel more comfortable in call me instead you can reach me at (702) 649-7575 or email me at fhalstad@accessts.net.

See you tomorrow.
Hank

ACCESS' Largest ADA Detail Audit

WE have been asked about our largest ADA detail Audit.  I assume you mean the number of pages.  It was little over 1,500 pages.  The property was an older resort hotel, a little over 2,000 rooms.  There was a convention center, there was retail space, meeting rooms, restaurants, bars, gift shops and other areas.  There was also a parking garage.  There was a site with walks, restaurants, restrooms and several pools.  So, does that mean there was 1,500 building elements that were not in ADA compliance?  No that really means there was many more than 1,500 because many items updated many times.

There is no project that is to large for ACCESS to handle, even a very large University.  For your first project, ACCESS wants the "Watchdogs in Wheelchairs" to concentrate on single buildings, preferably a hotel, motel or time-share.  Those are good fro starters because those elements are typical in all buildings and are well defined in building code and the ADA Guidelines.

If you want to discuss further in detail, feel free to call me at (702) 649-7575 or email me at hfalstad@accessts.net.  I look forward to hearing from you!

Hank

Are Governing Rules and Regulations for ADA Compliance Changing?

I am asked if the rules and regulations governing the ADA compliance are changing.  And the answer is...not really.  The big change has already happened.  It happened when the ADA Accessibility Guidelines for buildings and facilities merged their information with the American National Standard (ANSI) with the same numbering system and same wording.  So, 80% remained the same, 10% got better definition, 5% got changed, and that leaves 5% in limbo (and we are always going to have 5% in limbo).

Over the coming years, the Federal Courts will add greater definition to the ADA as they do with all Civil Rights Litigation.  We are always updating our reporting template to reflect the latest regulation.  In the coming months, our reference to ICC A117.1-2003 (ANSI) will be to the new 2009 ANSI.  ANSI is on a 5 year cycle, building code on a 3 year cycle and the ADA Guidelines are on a 10-12 year cycle.  I mention this because I want all the "Watchdogs in Wheelchairs" to know we at ACCESS are on the cutting edge with the latest accessibility compliance regulations.

Nothing but the latest for ADA non-compliant litigation for our "Watchdogs in Wheelchairs".

Feel free to give me a call at (702) 649-7575 or email me at hfalstad@accessts.net should you wish to discuss further or have any questions.

Hank

Most don't understand the Civil Rights Law, or don't know it at all

Dennis, thank you for reminding me that there are parts of the law that most either don't understand or don't know.  There are areas that you have difficulty getting to in your wheelchair so there is probably something not in ADA compliance.

My architectural practice for the last 18 years has been limited to accessibility compliance.  It is my job as a professional to know and understand the laws and building codes pertaining to accessibility compliance, and we are a leader in accessibility compliance industry.  Like Dennis, we will see building areas that do seem ADA compliant and then we look to the ADA guidelines for the jurisdiction.  If we do not find it there we will look at the building code.  And, if we do not find it there, we will look at the basic law pertaining to the Americans with Disabilities Act.

This is a game to us at ACCESS.  We always find the jurisdiction and quote that sentence in our opinion, in all our detail ADA audits and detail ADA plan checks.  Dennis, we do not expect you to have this knowledge and understanding of the accessibility laws and codes.  Remember, we are professionals and have spent the last 18 years honing our accessibility skills.  That is why we make such a good team!  Remember, a team is like a chain; it is only as strong as its weakest link.  I can assure you that weak link is not going to be ACCESS.

As always, feel free to contact me at (702) 649-7575 or email me at hfalstad@accessts.net. 

Hank

...a stupid sentence from 1991 ADA Guideline

OK, here is an example of a stupid sentence from the 1991 ADA Guideline:

     9.2  Requirements for Accessible Units, Sleeping Rooms and Suites

     9.2.2  Minimum Requirement
          (8) Sleeping room accommodations for persons with hearing impairments required by
          9.1 and complying with 9.3 shall be provided in the accessible sleeping room or suite.

This sentence says that all wheelchair accessible room must be designed to accommodate a guest in a wheelchair and also a guest that is hard of hearing.  This infers that all people in wheelchairs are also hard of hearing, absolutely ridiculous in my opinion.  The ADA Final Rule of 2004 got it right:

     section 224.2 Guest rooms with mobility features (wheelchair)
     section 224.4 Guest rooms with communication features (hard hearing)

and;

     section 224.5 Dispersion.
     Not more than 10 percent of guest rooms required to provide mobility features
     complying with 806.2 shall be used to satisfy the minimum number of guest rooms
     required to provide communication features complying with 806.2.

So, what does this mean?  It means that if your accessible rooms today are both your wheelchair rooms and your hearing impaired rooms you are not in ADA compliance, because only 10% of your wheelchair rooms can be counted as also being hearing impaired rooms.  You are going to be short on the number of accessible rooms required to provide communication features (hearing impaired rooms).

Again, any questions feel free to call me at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank.

Hotels, Motels and Time-Shares

We are getting some real good questions.  One regarding hotels, motels and time-shares.  We want your first ADA non-compliant building complaint to be one of these because it will cover 80% of the basic non-compliant issues, such as:

     206 Accessible Routes
     207 Accessible Means of Egress
     208 Accessible Parking Spaces
     209 Accessible Passenger Loading Zone
     210 Stairways
     213 Toilet Facilities
     216 Signs
     221 Assembly Areas
     224 Transient Lodging Guest Rooms
     226 Dining Surfaces and Work Surfaces
     227 Sales and Service Counters
     236 Exercise Machines and Equipment
     240 Play Areas
     242 Swimming Pools

Look upon this first complaint as a learning experience.  You will see these ADA non-compliant items identified in ADA detailed audit.  You will see solutions in the ADA retrofit permit set of drawings.  You will see retrofit costs.  All this will add to your learning experience of the ADA.

Feel free to give me a call if you want to discuss further or would like more detail on the above non-compliant issues.

Hank.

Welcome Patricia!

We are real excited here at Access!  Our growth has succeeded our expectation and has required that we move Patricia into a new position of managing our "Watchdogs in Wheelchairs".  She is excited also so give her a real warm welcome!

Patricia will be available to answer all your questions and help you get going on filing the ADA non-compliant building law suits.  She will respond to all your questions from out ACCESS Technologies Services, Inc. FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.

Taking that first step is always the hardest.  I can not tell you how happy I am with all the support you have shown in our program to get all building ADA compliant.  Yes, we are encouraging all of you to make the lodging industry your first ADA non-compliant law suit.

I am at your service and am never to busy to take your call at (702) 649-7575 or you can email me at hfalstad@accessts.net.  We are really off to a wonderful start and thank you all for your support!

Remember, this is your program and we are part of your team with our professional ADA expertise to make it all happen.

Hank

What is the American Way?

It is equal opportunity for all.  The Civil Rights Law of this country are designed to level the playing field.  That's why all civil rights litigation are held in Federal Courts where all rulings are handled for the entire country.  There is no costs for those who are handicapped in Federal Courts and ACCESS "Watchdogs in Wheelchairs" program is also at no cost to the handicapped.  Building owners that have buildings that are not ADA compliant are denying the handicapped that equal opportunity required in Civil Rights Law.  These building owners pay your attorney fee and costs of which the ACCESS work product is a cost. 

For all those who are handicapped, the law is there for you to use.  We can help you overcome any fear of the law.  We can only help you if you take that first step and contact me at hfalstad@accessts.net or call me at (702) 649-7575.  We have 18 years of experience in ADA on-compliant issues much of it involving litigation.  We can only help if you ask.  Contact me today.

Hank

"That Building Looks ADA Compliant to Me?"

The building ADA audit done by the professionals at ACCESS do not concern themselves with how the building looks.  The ADA audit like any other audit is all "black" and "white".  The ACCESS ADA audit base is the ADA & ABA Accessibility Guidelines; Finale Rule-36 CFR Parts 1190 and 1191, published in the Federal Register on July 23, 2004, with an effective date of September 21, 2004.  That finale rule is written by the Architectural and Transportation Barriers Compliance Board, a U.S. Government Agency responsible for writing the "safe harbor" for design and construction to be in compliance with the Americans with Disabilities Act (ADA).  That document is over 300 pages in length and addresses over 1,000 items with a section number for each.  The professionals at ACCESS have a very good understanding of these rules and regulations as they work with them every day.  The ADA audit will start with what was found in the on-site ADA audit, it will then quote the applicable sentence, and then render the ACCESS opinion of not being in compliance.  Only a Federal Judge can rule on Civil Right Law.

In conclusion, unless you are a trained ADA auditor, there is no way you will know all the building elements required to be ADA compliant.

The myth of older buildings being "grandfathered" and do not have to comply with the ADA.

This is completely false. All buildings regardless of age are either in compliance or not in ADA compliance.  The only exception would be qualified historic buildings or facilities. Even in these buildings some items are required to be ADA compliant and here it is the Federal Judge that makes that decision.

I am being asked by the "Watchdogs in Wheelchairs", How Do I Take This Step?

All I can say is that it is not easy and our job at ACCESS is that we are part of the team, and as a good team player, we are here to support you.  So let's back up and answer this fundamental question. 

I know of buildings that are not ADA accessible for me.  And, if they are not accessible for me, then they are not ADA accessible for people in wheelchairs.  I want to do something about this ADA Civil Rights Law violation.  That is your starting point.  You want to do something about that building's ADA violation, too.  Here is where ACCESS can help. 

We start by making sure that you have "standing" in the Federal Court.  This is so that your ADA non-compliant building complaint will not get thrown out of court on this technicality of "standing".  "Standing" is a legal term that means you  are handicapped, have visited the building and intend to revisit the building again.  We prove "standing" by digital photographs and purchased receipts.  I like photos showing the handicapped person looking at the building element that is not ADA compliant.  It is really that simple.

Once completed, email the photos along with the receipts to ACCESS, with building name and address and from that point on you are in the good hands of Pat at ACCESS.  An attorney will be located.  You will sign a letter of engagement with the attorney.  You will sign the attorney's ADA non-compliant building complaint.  You will then sit back and watch the professionals work, such as ACCESS.  All this at no cost to you.

It is very simple and easy, so lets get that first building under out belt.  My preference is to start with a hotel or motel or time-share property, as these are large properties and will mean more money for the attorney.  Attorneys like money!  If you do not stay overnight just go to their restaurants, gift shops or some business on the property.  Remember, as a "Watchdogs in Wheelchair" you meet the "standing" requirement of handicapped so all that remains is proof that you visited the property and want to return to the property in the near future.

Team Work

In talking to Katie last week she mentioned the Branson Hotel she visited that was ADA compliant, in her opinion.  I hear this said every once in a while, but look at where we are coming from.  Katie is the wheelchair guest.  I am the ADA architect that audits buildings for ADA compliance and certifies that the building is ADA compliant.

My job is to know the ADA Guidelines, forwards and backwards, to fully understand what all those 200+ pages of words mean.  Point of Order!  The ADA Guidelines is written by a U.S. Government Agency, the "Access Board".  They are the government agency responsible for writing the guidelines which are the "safe-harbor" for design and construction to be in compliance to the Americans with Disabilities Act (ADA).  The job of ACCESS is audit the building for ADA compliance, and to ACCESS that means dotting the "i's" and crossing the "t's", leaving no stone unturned. 

The ACCESS audits are very thorough, like any audit should be, and must be to have my signature on that audit report.  To all you "Watchdogs in Wheelchairs", your view of building ADA compliance will never be the same as ACCESS' view as the ADA building compliance auditor.  That is why building ADA compliance is a team effort, we both need each other.

I heve been asked the question: Why Don't Architects Know ADA?

Well to start with, architects do have an understanding of ADA.  They also have all kinds of building code requirements as well as other requirements.  ACCESS has the luxury of spending 100% of our time and effort on accessibility compliance required by the ADA and building-codes. 

The ACCESS program, after the ADA detailed audit, includes working with the building owner and his architectural/engineering firm in a consulting effort on solutions from the building element so identified in the detailed ADA audit.  The architectural/engineering firm has the responsibility of preparing a set of ADA retrofit permit drawings.  The ACCESS program requires these ADA retrofit permit drawings be ADA plan checked before they are sent to an ADA contractor for pricing. 

In the production office are licensed architects, that are also ICC certified, reviewing each sheet in detail of the ADA retrofit permit set making the drawings where non-compliance items are found with the appropriate ADA section numbers.  The production department will then take the drawing and using the templates for ADA non-compliance items generate a written report.  ACCESS has been doing ADA plan checks for the past 18 years and is convinced  this is the information needed by the architectural/engineering firm to make the changes necessary for an ADA compliant building.

Our goal is to be a part of a team that will be filing 100 ADA non-compliant cases a week in Federal Court by the end of 2011.

Come visit our FB page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730 and “Like” us and help get the word out.

Katie is Right on the Ball and I Agree!

Katie, like so many of the ACCESS "Watchdogs in Wheelchairs", have a following.  I am a great believer in the leader trying the ACCESS program and get some "hands-on" experience.  With that "hands-on" experience, the leaders in the wheelchair community will get knowledge of how the ACCESS program works to really get buildings ADA accessible.  The ACCESS program requires a detailed ADA audit of the building and site.  This is done with a licensed ADA architect and a production technician.  ACCESS also requires all the ADA architects to also be International Code Council (ICC) certified. 

The field information is brought to the production office where the production technician inserts the field information into the ADA templates and the written report with color photos are generated.  The detailed ADA on-site audit by professions is absolutely essential in the opinion of ACCESS.  ACCESS has been doing ADA audits for the past 18 years and knows of no other way to get the detailed information of the building elements that are not ADA compliant so that an architectural/engineering firm can produce a set of ADA retrofit permit drawings.

The ACCESS motto is working together we can get buildings ADA compliant one building at a time.

Our goal is to be a part of the team that will be filing 100 ADA non-compliant cases a week in Federal Court by the end of 2011.  

Are Time-Share ADA Accessible?

I asked this question of a co-manager of 4 time-share properties this past weekend.  His properties are located in Palm Desert, a vacation area in Southern California.  He has 8,000 owners.  His answer to me was yes, and he was sincere.  We have a large time-share client under investigation by the U.S. Department of Justice, and I can tell you the real answer was NO!

From my experience, in our audit we will find at least 100 items that are not in compliance.  So, all you time-share owners that are in wheelchairs let me hear from you.  Join our "Wheelchair Watchdog" program and lets really get these time-share properties into compliance with the Americans with Disabilities Act (ADA).

How are we going to get to filing 100 non-compliant ADA cases a week?

People like Mitchell, who have spent many years forming and setting the agenda for the Americans with Disabilities Act (ADA) are an inspiration to me.  When I spoke with Mitchell, he asked me how many wheelchair people will be needed and I told him we are talking thousands (1,000's), not hundreds (100's) and he said no problem.

So, we here at ACCESS are staffing up to handle the challenge.  Pat will be starting next week and forming her team to directly interface with our "Wheelchair Watchdogs" that are arleady in the program and those that are joing each week.  When she calls, say "Hi Pat! Welcome Aboard!"

What Does Reasonable Accommodation and Modification Mean?

The answer is found in the Americans with Disabilities Act Amendment Act of 2008 (ADA).

          Title 42 - The Public Health and Welfare
              Chapter 126 - Equal Opportunity for Individuals with Disabilities
              Subchapter IV - Miscellaneous Provisions
              Section 12201 Construction
                  (h) Reasonable accommodations and modifications
                   A covered entity under subchapter I, a public entity under subchapter II,
                   and any persons who owns, leases (or leases to), or operates a place of
                   public accommodation under subchapter III, need not provide a reasonable
                   accommodation or a reasonable modification to policies, practices or
                   procedures to an individual who meets the definition of disability in section
                   12102(1) solely under subparagraph (C) of such section.

So, what we have here in the Amendment Act is a more specific definition of handicap, and if one is so handicapped, the requirement for a reasonable accommodation and/or modification is presented.  How does this work in the real world? First the handicapped individual must inform the entity of their handicap and make some suggestion that work.  The building owners must tell them what he can do.  At that point there will result in the meeting of the minds and all will be well. 

We have gotten involved in a few of these decisions and they always come to a resolution.