ADA Discrimination Presented by: Hank Falstad, AIA Access Technologies Services, Inc. Access © 2010

The Americans with Disabilities Act of 1990 Access On July 26, 1990, Congress enacted the Americans with Disabilities Act of 1990 (“ADA”), with an effective date of January 26, 1992

ADA Amendments Act of 2008 Access On September 25, 2008, Congress enacted the Americans with Disabilities Amendments Act of 2008 (“ADA”), with an effective date of January 1, 2009

Is this an ADA violation???  YES  YES  NO  NO Access

Hank Falstad An architect who has specialized in ADA accessibility compliance for the last 17 years. Access Ask the Expert 65 cases satisfactorily settled

Is this an ADA violation???  YES  NO Access If it is a violation, WHAT IS THE JURISDICTION? ADA U.S. Architectural and Transportation Barriers Compliance Board (Access Board) writes the safe harbor for design and compliance with the ADA and is ruled upon by a Federal Judge. ADA & ABA Accessibility Guidelines (ADAAAG); Final Rule, published in the Federal Register on July 23, 2004, guidelines effective September 21, 2004 Building Code The International Code Council (ICC) officials write the safe harbor for design and construction and is interpreted by building officials International Building Code ICC/ANSI A

How can ADA violations be corrected? In the ADA law passed by Congress and signed by the president, there is a provision for corrections: ADA Amendments Act of 2008: Access 42 U.S.C. § Attorney’s fees In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, costs, and the United States shall be liable for the forgoing the same as a private individual.

Access Technologies Services, Inc. (ACCESS) is taking its 17 years of ADA accessibility compliance experience to the wheelchair occupant: Access Together, let’s make all Public Accommodations and Services Operated by Public Entities ACCESSIBLE! Have you been discriminated against? Talk to the expert! We are your vehicle of help! Tell us of your ADA accessibility experience. We will tell you if your experience is an ADA violation. We will guide you in making that ADA violation go away for you and other wheelchair occupants. Free legal help is available – the law is on your side!