Tuesday, April 26, 2011

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

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