The Road to Federal Court

I've reach out to thousands of people in wheelchairs and many I've spoken with projected an underline tone of buildings being more accessible today than they were, but they still have some challenges.  When you're ready to get rid of those challenges, the American's with Disabilities Act (ADA) is the correct road to take. 

One has to understand that it was no accident that congress made the ADA part of the our Civil Rights Law and that is where the road really starts.  That road leads straight to the Federal Courts where the filing fee is free, the attorney fee is free and the attorney cost is free.  The professional architectural services of ACCESS are attorney cost, therefore is also free.  The road to the Federal Judge gets action.  The professional work product of ACCESS has all the answer for the Judge, so all the Judge needs to do is order the building owner when to start his retrofit construction to make the building Federally ADA compliant and when he wants the construction completed.

ACCESS is emphasing Federally ADA compliance in the lodging industry (hotels, motels and time-shares) for the next several months.   It starts by accepting the challenge and doing your part in going down this road.  ACCESS is there to assist you.  To begin, we'll need to confirm that you have "standing" in Federal Court.  "Standing" means that a person with physical disabilities have visited the building and experience some areas that were not Federally ADA compliant; and that you want to return to enjoy all the amenities.  We get to this point by first following the "Watchdog in Wheelchair" program four steps:

1. Book an accessible room with 2 beds and roll-in shower.
2. Using a color digit5al camera, take 2-3 photos of the room, roll-in shower, lobby area and public restrooms.
3. Take photos of the accessible parking and overall photos outside of the building.
4. Email the photos and a copy of your hotel bill to ACCESS at hfalstad.@accessts.net

After receiving the photos and the copy of the bill we will determine if there is standing for filing in the Federal Courts.  It is simple, it is easy and this is the ACCESS "Watchdog in Wheelchair" program.

If you have any comments, post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also call me at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank

Design and Height of Shower Spray Unit in Transfer Type Shower Compartment

The jurisdiction is ADAAG Section 608.5.1, 608.6, and 308.2.1. 

Chapter 6 Plumbing Elements and facilities.

608 Shower Compartments.

608.5 Controls.

608.5.1 Transfer Type Shower Compartments.

“In transfer type shower compartments, the controls, faucets, and shower spray unit shall be installed on the side wall opposite the seat 38 inches minimum and 48 inches maximum above the shower floor and shall be located on the control wall 15 inches maximum from the centerline of the seat toward the shower opening.”

608 Shower Compartments.

608.6 Shower Spray Unit and Water.

“A shower spray unit with a hose 59 inches long minimum that can be used both as a fixed-position shower head and as a hand-held shower shall be provided.  The shower spray unit shall have an on/off control with a non-positive shut-off.  If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars.  Shower spray units shall deliver water that is 120ºF maximum.”

Chapter 3 building blocks.

308 Reach Ranges.

308.2 Forward Reach.

308.2.1 Unobstructed.

“Where a forward reach is unobstructed, the high forward reach shall be 48 inches maximum and the low forward reach shall be 15 inches minimum above the finish floor or ground.”

In the opinion of ACCESS, shower spray units mounted on sliding bars are not in compliance with Section 308.2.1 because the slide that holds the shower spray unit top is typically mounted above 48 inches; one has to hold the shower spray unit, then reach one hand above 48 inches to lift the shower spray unit off the slide. 

The better solution ACCESS has seen is when the shower spray unit is hung on a hook at 44 inches above finish floor, and the shower controller has a diverter valve in conjunction with a fixed shower head.  The diverter valve switches the water flow from the fixed, standard height shower head to the hand-held shower spray unit.

 

If you have any comments post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  Or you can call me at (702) 649-7575 or email me at hfalstad@accessts.net.

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Julie Ann's recent experience staying at an old large hotel that is on the Historic Preservation list was a challenge for her.  She stated that she was actually escorted off the property at the end of her convention attendance.  I told Julie Ann the hospitality industry has a 20 year history of not complying with the Americans with Disabilities Act (ADA)

That is why the ACCESS "Watchdogs in Wheelchairs" program uses the Federal Courts that are free to the handicapped because the ADA is Civil Rights Law and Federal Judges rule on all Civil Rights Law.  The ACCESS program starts with the filing of a non-compliant ADA building complaint followed by a detailed ADA building audit, then architectural/engineering solutions for ADA compliant, then architectural/engineering ADA retrofit permit drawing, then a ACCESS ADA plan check for ADA compliance of the ADA retrofit permit drawing and then sending those drawing to an ADA retrofit contractor for pricing.  The Federal has all the information needed to rule.  That is telling the building owners when to start and when he want the ADA retrofit construction to finish.

Julie Ann is well aware that Civil Rights Law is policed by effected  citizens, so do as Julie Ann does and use the ADA as it was written to be used.  Wishing for something to happen will not get results, just look at the 20 year history of the lodging industry (hotels, motels and time-share).  Results will happen when the handicapped use the Federal Judge, that is an integral key to the success of the ACCESS "Watchdogs in Wheelchairs" program.

In the opinion of ACCESS, even historic buildings need to comply with the ADA to some degree.  The ACCESS program will give the Federal Judge the necessary information to rule.  That is his job.  Our job, that means you and me, need to give the Federal Judge the information to reasonably make the historic building accessible.  It is not putting Julie Ann in a high lift through some window opening. 

Have any of you had an experience like Julie Ann's?  Let me know.  You can comment here or on our FB page age http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also call me at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank

A Little Flack on Litigation

OK.  So I've been getting a little flack about litigation.  Many of you have been out there helping the handicapped community with volunteer programs especially in the job market area; formerly Title 1.  But, we live in a real world and building owners have it all figured out...at least they think they do.  They have no fear of the U.S. Department of Justice (DOJ), also known as "the paper tiger".  And, nobody has figured out how to empower the handicapped community.  The ACCESS "Watchdogs in Wheelchairs" program empowers the handicapped through the Civil Rights Law of free access to the Federal Courts with free attorney fees and free attorney costs. 

Your empowerment vehicle is in the professional architectural hands of ACCESS.  The ACCESS program gives the Federal Judge all the information needed to order the building owners to start his Federal ADA retrofit program in 30 days.  Now that is real empowerment that gets results.

Those whose mobility depends on a wheelchair must be ready to accept this empowerment and then know how to use it.  Are you ready?  Let's start with the hospitality industry (hotels, motels and time-shares).  As you travel this summer remember the four easy steps:

1. Book an accessible room with 2 beds and a roll-in shower.
2. Using a color digital camera, take 2-3 photos of the room, the roll-in shower, the lobby area and public restrooms.
3. On the outside of the building, take 2-3 photos to include the accessible parking and overall photos of the building.
4. Email the photos along with a copy of your hotel bill to ACCESS at hfalstad@accessts.net.

 

Once received, ACCESS will review and determine that there is "standing" to file in the Federal Courts.  Access will do the rest:

• preparation of complaint;
• Federal ADA detail audit;
• consulting with owner and architect on solutions of non-compliant items identified in the audit;
• detail Federal ADA plan check of the architect solution drawings;
• send solution drawing to Federal ADA retrofit Contractor for pricing, and
• after retrofit construction, a Federal ADA audit of that construction, and if Federal ADA compliant the issuing of a building certification that the building is now Federal ADA compliant.

 


That is our ACCESS "Watchdogs in Wheelchairs" program, where we team with the handicapped community to make building Federal ADA compliant one building at a time.

Let me know your thoughts.  You can comment here or on our FaceBook page at http://www.facebook.com/#!/.  You can also call me at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank

General Counsel: David B. Falstad

It is with great pleasure that I wish to announce that David B. Falstad has joined ACCESS as General Counsel.  We have discussed over the past 2 years how we could strengthen ACCESS to better help the handicapped community.  We already have the architect that specialize in ADA accessibility compliance. 

Over the past 10 years the non-compliant building cases that we have seen being filed are extortion, and we at ACCESS want no part of that extortion.  What we want at ACCESS is for buildings to be ADA compliant for the handicapped.  That is why we started our ACCESS "Watchdogs in Wheelchairs" program.  If you want buildings to be ADA compliant, ACCESS is right by your side making it happen.

The process is simple:

1. When traveling, book an accessible room with 2 beds and a roll-in shower.
2. Using a color digital camera, take 2-3 photos of the room, the roll-in shower, the lobby area and the public restrooms.
3. On the outside of the building, take 2-3 photos to include the accessible parking and overall photos of the building.
4. Email the photos and a copy of your hotel bill to ACCESS at hfalstad@accessts.net.

And that's it.  We will review the photos and determine whether there is "standing" to file in the Federal Courts.  All our services is at no cost to you...it's completely free.  Because ADA is a Civil Rights Law, the Federal Courts the entire process is at no cost to you. 

The complaint will be prepared for you by our General Counsel's team and ready for you to sign.  It will then be filed in Federal Court.  Your attorney fees and cost in Federal Court are also at no cost to you.  I can personally guarantee that at the end of the the "Watchdogs in Wheelchairs" program, the building will be ADA compliant because I sign my name to the certification that the building is ADA compliant. 

The "Watchdogs in Wheelchairs" program is an "action program".  Get involved in the free "action program" today.  We could use your the support!

Let me know if you have any questions.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also call me at (702) 649-7575 or email me at hfalstad@accessts.net.

Hank

Location of Accessible Counters

Question:  Where must the accessible location be at a reception counter?

We begin by looking at the guidelines from the Architectural and Transportation Barriers Compliance Board (Access Board).  This is a federal board responsible for writing guidelines for compliance to PL101-336, The Americans with Disabilities Act of 1990 (ADA).  That guideline is called the ADA & ABA Accessibility Guidelines; Final Rule of July 23, 2004, with an effective date of September 21, 2004.

Chapter 9 Built-in Elements.

904 Check-out Aisles and Sales and Service Counters.

904.4 Sales and Service Counters.

904.4.2 Forward Approach.

“A portion of the counter surface that is 30 inches long minimum and 36 inches high maximum shall be provided.  Knee and toe space complying with 306 shall be provided under the counter.”

This gives one the building blocks for the design of the accessible counter.

The scoping requirements are found in Chapter 2.  In the scoping section, the accessible counter location is not defined.

Chapter 2 Scoping Requirements.

227 Sales and Service.

227.3 Counters.

“Where provided, at least one of each type of sales counter and service counter shall comply with 904.4.  Where counters are dispersed throughout the building or facility, counters complying with 904.4 also shall be dispersed.”

Advisory 227.3 Counters.

“Types of counters that provide different services in the same facility include, but are not limited to, order, pick-up, express, and returns.  One continuous counter can be used to provide different types of service.  For example, order and pick-up are different services.  It would not be acceptable to provide access only to the part of the counter where orders are taken when orders are picked-up at a different location on the same counter.  Both the order and pick-up section of the counter must be accessible.”

ACCESS then goes to the basic law for guidance and uses the Americans with Disabilities Act Handbook of October 1991.  Title III is Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. 

Title III Regulation.

Subpart B – General Requirements.

§36.201 General.

(a) Prohibition of discrimination.

“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.”

Service counters by their design have an orientation in which they are approached by individuals.  That approach direction is frontal in most instances.  The service counter by its very nature has a human element, and that is the individual providing the service.  There is the eye contact and the waiting line that forms that defines the service counter front.  It is and has been for many years the opinion of ACCESS that an individual is discriminated against if the portion of the counter where the general public forms a line does not provide an accessible portion of that service counter.   

This is civil rights law, and to date ACCESS knows of no federal court case where a federal judge has ruled on this issue.  Also, in the opinion of ACCESS, not having the accessible portion of the counter where the general public line forms is not a winnable position for our clients before a federal judge.

Let me know if you have any questions or comments.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also call me at (702) 649-7575 and ask for me or Patti; or you can email me at hfalstad.@yahoo.com

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Travel Angels Network: Julie-Ann Forcum

Since ACCESS has brought our 18 years of professional architectural building accessibility compliance to the ADA directly to the handicapped community in our "Watchdogs in Wheelchairs" program, I have come in contact with many who are helping to make things easier for those who are wheelchair bound. 

Last week I spoke to a young lady name Julie Ann, a real firecracker with an over abundance of energy and drive which is mainly focused on her non-profit organization assisting those with disabilities as they travel.  We all can learn and get motivated by Julie-Ann.  I know she was a breath of fresh air for me.  She, in her efforts, is making a difference in helping to make all aspects of handicap traveling more accessible and comply with the Americans with Disabilities Act (ADA).  The accessible professional architectural services of ACCESS are free to those with disabilities.  So, why not use them?  The bottom line is that more need to be involved, and like Julie-Ann, together we can make a difference.

Today we are focusing on the lodging industry (hotels, motels and time-shares), who for the last 20 years have been "thumbing-their-noses" at getting their buildings ADA compliant, just ask Julie-Ann and she will give you an ear full. 

The services of ACCESS are simple and free (no cost to you).  When planning your travel arrangements, book an accessible room with 2 beds and a roll-in shower.  Using a color digital camera, take 2-3 photos of the room, the roll-in shower, the lobby area and public restrooms.  Outside of the building, take a few photos of the parking lot and overall photos of the building, including the main entrance.  Email all photos and a copy of the hotel bill to ACCESS.  You will be in goods hands, as we do the rest of the work from there.

Once filed, the Federal Judge will order the building to be ADA compliant.  At the end of the audit, I will sign the certificate stating that the building is ADA compliant.  Another good job by ACCESS and the "Watchdogs in Wheelchairs".

Make Julie-Ann and many like her proud that you've taken the steps in making more buildings ADA compliant.  Again...together we can make a difference, one building at a time.

For more information on Julie-Ann Forcum and her network, the following are links you can use, or you can find her on FaceBook.

	http://www.grantangelwishesandtravel.org http://www.gawt.info http://www.travelangelsnetwork.com http://www.funventurestravel.com http://www.familynetworktv.com

Any questions or comments you can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  You can also call us at (702) 649-7575 and ask for me or Patti; or email me at hfalstad@accessts.net.

Hank

Required Bathtub Clearances

Question:  What is the clear floor space required in front of a bathtub?

This is one of these subtle changes we see in moving from the old to the new guidelines. 

The ADA Accessibility Guidelines for Buildings and Facilities written by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) and published July 26, 1991, Section 4.20.2 states:

4.20 Bathtubs.

4.20.2 Floor Space.

“Clear floor space in front of bathtubs shall be as shown in Figure 33.” 

Figure 33 shows a 60 inch minimum dimension.  This dimension is the same dimension as found in Figure 33 of ANSI A117.1-1986.  The ANSI A117.1-1986 was written before 1985, some 25 years ago. 

The ADA & ABA Accessibility Guidelines; Final Rule, written by the Access Board and published July 23, 2004, with an effective date of September 21, 2004; in Section 607.2 Clearance states

607 Bathtubs.

607.2 Clearance.

“Clearance in front of bathtubs shall extend the length of the bathtub and shall be 30 inches wide minimum.”  Figure 607.2 illustrates that clearance for bathtubs. 

ICC/ANSI A117.1-2003 Section 607.2 Clearance states:

607 Bathtubs.

607.2 Clearance.

“A clearance in front of bathtubs extending the length of the bathtub and 30 inches minimum in depth shall be provided.”  Figure 607.2 illustrates that clearance for bathtubs.

The challenge today is that the U.S. Department of Justice (DOJ) is required to litigate compliance to PL101-336, The Americans with Disabilities Act of 1990 (ADA), from its standard.  The DOJ is in the process of making the July 23, 2004 document its standard, but until that happens, the DOJ is using the July 26, 1991 document, which was made the DOJ standard on July 1, 1994. 

The people at ACCESS have specialized in accessibility compliance for the last 16 years and are of the opinion that the ADA is a reasonable act.  The Act is ruled upon by federal judges.

With that understanding by ACCESS, the 60 inch minimum dimension of 25 years ago is not applicable today, in the opinion of ACCESS.

If you have any questions, feel free to comment here or on our FaceBook page at http://www.facebook.com/#!/pages/Access-Technologies-Services-Inc/268659564730. You can also reach us at (702) 649-7575 and ask for me or Patti; or email me at hfalstad@accessts.net.

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  http://www.accessts.net/.

Investigation by the U.S. Department of Justice (DOJ)

There is a very big misconception by American business regarding the U.S. Department of Justice (DOJ) filing a complaint for businesses not being in compliance with the civil rights laws of the Americans with Disabilities Act of 1990 (ADA).  The real threat lurking is an attorney, working with his disabled client who has standing, filing a suit for non-compliance.  

In It is the opinion of ACCESS, there is about a 2% chance of the DOJ filing a complaint against you, whereas there is about a 98% chance of an attorney specializing in ADA non-compliance issues filing a suit against you.  The reasoning is simple:  the DOJ has a very small group in Washington, DC, and there are a growing number of attorneys who have become aware of how lucrative it can be to file non-compliance lawsuits concerning the ADA.

Give me your thoughts on this.  You can comment here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/?sk=lf.  You can also reach me at (702) 649-7575 and ask for me or Patti; or email me at hfalstad@accessts.net.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

  

ADA Training: Continuing Education

ACCESS does ADA training for management people as part of their continuing education in which the client shows they are really concerned about having their buildings ADA compliant.  It will also help their attorney with any ADA lawsuits by defusing the negligent issue in ADA lawsuits that we see today.  There were two high points in the 4-hour training seminar. 

1. The most important sentence in all of the ADA:

• No individual shall be discriminated against on the basis of disability in the full and equal enjoymentof the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodations.

2. ADA Litigation has two tracks:

• By the U.S. Department of Justice (DOJ) and they are required to litigate from their standard.
• By a person handicapped in Federal Court and they will be litigating from the Architectural and Transportation Barriers Compliance Board (Access Board) using the ADA & ABA Accessibility Guideline; Final Rule of July 23, 2004 with an effective date of September 21, 2004.

These were highlighted during our June 1, 2011 Accessibility / ADA Training Seminar for the Sky Harbor International Airport in the City of Phoenix, Arizona. 

Let me hear your comments here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also call us at (702) 649-7575 and ask for me or Patti; or email me at hfalstad@accessts.net.

Hank

True story, today I finished taken 2 pills daily.  Pfizer has a new drug that stimulates the natural growth of cartilage that is in the FDA required program before the drug is approved for the general public.  My Internist has been involved in the testing of new drugs and out of 103 new drugs he has been involved with, this is the best he said.  So, they are monitoring my right knee for the last 2 years, and today that knee is pain free.  Research does take time and once in a great while there is a real blockbuster that comes to market.

ACCESS has been researching the Americans with Disabilities Act (ADA) for the last 18 years where I have specialized as an architect in building accessibility compliance to the ADA.  Today our ACCESS "Watchdogs in Wheelchairs" program is that blockbuster.  We need wheelchair users on the ACCESS team to file the building non-compliant complaint regarding compliance with the ADA.  It is simple, it is free and we do all the work.  I am so convinced that this ACCESS program will work that I sign my name to the certificate that the building in question is now in compliance with the ADA. 

Our target is to be filing 100 ADA  non-compliant building cases a week by the end of 2011.  In order to that, we'll need 3,000 - 4,000 wheelchair users.  Come and signed up to join the ACCESS "Watchdogs in Wheelchairs" team.  I've said it before and I'll say it again; working together we can make buildings ADA compliant one building at a time; together we can make a difference.

Comment here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/; or call us at (702) 649-7575 and ask for me or Patti.  You can also send me an email at hfalstad@accessts.net.  We look forward to hearing from you.

Hank