ADA Compliance Team, Inc.

As 2020 reaches the finish line let me share with you some simple yet proactive steps you can take to prevent getting sued for ADA violations: (1) have your commercial property inspected - do NOT put it off nor procrastinate; (2) if you have been sued, contact us today - so we can offer you a variety of options to lessen the impact; (3) ask us about any improvements or upgrades you have recently made to your property/facilities to see if they are ADA-compliant; (4) if you ...know a property owner, property manager, trustee, or other people responsible for a public accommodation property like a shopping center, strip mall, retail store, restaurant, bank, etc., have them contact us today - BEFORE they get slapped with an ADA lawsuit. I know I might sound like a "dripping faucet" but it is really a plea to be proactive - NOT reactive. Over the past 14 years, we have seen many property owners ignore our advice, only to cost them thousands of dollars in unnecessary costs & legal fees. Give yourself an early Christmas present this year & get your property inspected - you will be so glad you did. As always, thank you for taking the time to read these little updates. Merry Christmas & Happy New Year. See more

Just a brief note - a tip really - if you own, manage, or otherwise are involved in the operation of any building that provides products OR services OR any combination - to the public [under Title III of the ADA it's called public accommodation]. Before you pay a dime to a plaintiff's attorney for ANY - repeat ANY - ADA violation, please consider spending a few dollars on a site inspection. It is very simple: just contact us & we will arrange to inspect the outside (exterior...) and inside (interior) of your property. It only costs a few dollars & once the inspection has been completed, we will send you a multiple-page report - showing measurements via digital photos - of all the ADA elements - tow away sign(s), Van Accessible parking space(s), Accessible Aisle(s), path(s)-of-travel, front entrance landing(s), transaction counter height(s), restroom signage, sink & mirror height(s), etc. It only takes a few minutes to contact us - BUT - it could save you thousands of dollars! E-mail us @ [email protected] [Craig Thomson] OR call us @ the office @ (760) 940-6106. Thank you. See more

One of the biggest challenges we - ADA Compliance Team, Inc. - face is how to adequately yet convincingly communicate the "lust" that these predatory (serial) litigants (attorneys) have to sue Title III property/business owners. I said OWNERS - NOT property managers. I/we believe that most of the Title III property owners in California (& probably throughout the entire USA) do not realize their facilities aren't ADA-compliant or accessible. So, when they receive a SUMMONS (CO...MPLAINT) from a plaintiff suing them for not having proper signage or they do NOT have the correct ADA parking stall(s) or there is NOT a path-of-travel from the ADA parking to the front entrance, etc., they are shocked - or at least greatly surprised. This is why we - ADA Compliance Team, Inc. - continue to "sound the alarm" about getting that property/business inspected. Our sense of urgency is based on the fact that the property/business owner may have to spend thousands of dollars - UNNECESSARILY - because they didn't think they would ever get sued for ADA violations. WRONG! If you own one or more properties OR you know someone who does OR you deal with a property management firm, please have them contact us - today - so we can help them NOT get sued! Thank you for your time! See more

California is one of those US States that is becoming more business-UNFRIENDLY every day! Following is an excerpt from Seyfarth Shaw, LLP - paraphrased... The law firm of Seyfarth Shaw, LLP penned an article - under their ADA Title III - News & Insights portion of their website titled, "A Second California State Court Judge Says the ADA Covers Online-Only Businesses" (dated August 27, 2020, by Minh N. Vu). Seyfarth Synopsis: California state courts are becoming an even frien...dlier jurisdiction for the plaintiff's filing lawsuits about allegedly inaccessible websites. "Because neither the U.S. Supreme Court nor the California Supreme Court have considered the issue of whether an online-only business is covered by Title III of the ADA, California state court judges have latitude in deciding this issue. Last week, California Superior Court Judge Gregory Kiosan decided that Title III of the ADA does cover online-only businesses and refused to dismiss a lawsuit filed against an online-only video game retailer. In December 2019, California Superior Court Judge Angel Bermudez also refused to dismiss a lawsuit against an online-only business on the same basis. California Superior Court judges are opining on federal law because a plaintiff can establish a violation of California's Unruh Act by demonstrating a substantive violation of Title III of the ADA. Thus, in deciding website accessibility cases under Unruh, California judges must determine whether online-only businesses are covered under the federal law. Although the decisions of these two judges are not binding on any other California judges and may ultimately be overruled by a California appellate decision, they suggest that California state court may be a good choice for plaintiffs seeking to sue an online-only business for an allegedly inaccessible website and provide a likely explanation for why the number of website accessibility lawsuits filed in federal courts in California is fewer than one might expect." So, if you have an online-only business, please consider this post as you move forward, OK? Thanks for your time...

Imagine you are a "small business owner" - annual sales less than 3 million dollars, a few employees, & a product or service that clients have been willing to purchase over the last few years with little or no complaints. You follow every law, rule, etc. because you are a "law-abiding citizen". One day you get a letter in the mail that basically says your business is being sued for $23,000 because you are in violation of certain ADA laws, like you do NOT have a sign posted at... each entrance to your business telling people where they could recover their vehicle IF it were towed away. Or, your business did NOT provide the proper ADA parking space with an adjoining accessible aisle (the slope was greater than 2%). Or, you did NOT provide a "level landing" directly in front of the entrance leading into your place of business. Or, your bathroom mirror was higher than 40 inches above the finished floor. You would be in shock, shaking your head & asking yourself, "how did this happen"? WHO came by my place of business and discovered all of these things - that NO ONE has EVER BEFORE even mentioned, let alone sued me. Welcome to 2020 and the wild & wacky world of serial (predatory) ADA litigants who believe you are a horrible person, hate the disabled, & must be punished for your "sins". California is the hotbed of ADA lawsuits & it is getting worse by the day. So, IF you OR anyone you know has a business that is open to the public, let me encourage you to contact us TODAY. We want to protect you from these ADA lawsuits by inspecting your property NOW - BEFORE it is too late. Thank you. See more

Good Saturday morning from Southern California: Just when you think the predatory/serial litigants might take a step back - slow down their ADA lawsuits during this COVID-19 "plague", you would be "dead wrong!" NOT only did they NOT slow down, but they have also actually PUSHED AHEAD! I know I risk sounding like a complainer, BUT IF you have a commercial business or property open to the public, PLEASE CONSIDER having it inspected by one of our highly trained & qualified insp...ectors. By being proactive, you reduce your risk of being sued by a huge percentage. Otherwise, those serial litigants - who claim to represent the disabled communities - will sue your pants off! Sorry to be so blunt - but, after 14+ years in this industry, that is the truth. OK, so here's my plea: IF you OR anyone you know has a commercial business or property open to the public, please have them contact us now! And, IF you know someone who has been sued for ADA violations - of any kind - again, please have them contact us now, OK? As always, thank you for your consideration as you continue to read our postings & "like" them. See more