FREE ADA ACCESS ADVICE

Article By Catherine M. Corfee, Esq. (ADA Attorney for Businesses)

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Yes attorneys want to make money off you giving advice. It’s their livelihood and not necessarily wrong.  However, in any economy, self-study of the access codes will benefit you even more. In my practice, I feel it is only fair that we attorneys inform you about how to obtain free advice from the United States Department of Justice (DOJ), ADA division.  After all, it is your taxpayer’s dollar at work.

The DOJ has a toll-free ADA Information Line to provide information and publications regarding the access requirements of the ADA. If you are a commercial business, not public entity, you want Title III of the ADAAG.  You can order publications by mail, and it is 24/7.  However, to speak with an ADA specialists to understand how a code applies, they are open Monday, Tuesday, Wednesday, and Friday from 9:30 a.m. until 5:30 p.m. and on Thursday from 12:30 p.m. until 5:30 p.m. (Eastern Time). Foreign language service is also available. To get answers to technical questions, obtain general ADA information, order free ADA materials call: 

800-514-0301 FREE (voice)
800-514-0383 FREE (TTY) 

Their web page also has the codes for you to have and provide to any vendors making ADA changes:  https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada-standards/doj-s-2010-ada-standards.

Our law firm provides ADA access site surveys with confidential reports under the attorney-client confidentiality privilege.  Nevertheless, we like our clients to know how to do their own homework if they so choose. 

Catherine M. Corfee, Esq.  

Corfee Stone & Assoc.

916-487-5441

Fax: 916-487-5441

Catherine@corfestone.com

P.O. Box 1098

Carmichael, CA 95608 (Sacramento)

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Brenda PickernIn January 2015 alone, disabled and activist plaintiff Brenda Pickern filed 16 ADA lawsuits in Federal court complaining about alleged ADA violations.Of those, nine targeted Redding, Anderson, Cottonwood, Red Bluff and Willows.  They were filed between 1-12-15 to 1-30-15.  Naturally, more were filed in February.  She has been filing these lawsuits since approximately, 1996.  A total of 129 show up on her ADA rap sheet. 

The ADA is meant to protect bonfafide disabled plaintiffs who truly want to use and enjoy a business’s goods and services, not to set up a lawsuit.  Many business people ask me, “How do the courts allow her to get away with this?”  Unfortunately, the law is being misinterpreted as a “strict liability” civil rights claim.  Though, we could declare her a “vexatious” litigant filing ADA claims for profit accommodation, not public accommodation, the courts have generally side with her finding that if the business is not perfectly in compliance with the ADA where they could have afforded to be then there is a “violation” of a disabled’s civil right without regard to motives. 

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We all wonder how those disabled plaintiffs can file hundreds of ADA lawsuits and get away with it when we know they are setting business up to extort early settlements for greenbacks, most of which goes to their attorneys. This article explains the law in brief, and how the Courts are allowing this scam. It’s the Judges, not our legislators, to blame.  THERE IS NO GRANDFATHER EXEMPTION.  THAT IS MISNOMER.

Both the California and Federal Codes are similar. The 2013 Title 24 codes of California were recently enacted to mirror the Federal codes of ADAAG 2010.   Both apply and both set forth the minimum that you must comply with because naturally everyone’s disability is different so even if you meet the code, some are still barred but you are NOT liable.

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Corfee Stone & Associates

ADA ATTORNEYS

916-487-5441

Northern California

Sacramento ADA Defense Attorney

*SITE SURVEYS

*CONFIDENTIAL ADA REPORTS/RECOMMENDATIONS

*PROVIDE ANALYSIS OF LAW

*PROVIDE ALTERNATIVE SOLUTIONS

*SUGGEST PRODUCTS, MATERIALS AND RESOURCES

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In the first week of February 2015 Johnson did some traveling to sue a Fed-X in Fairfield on Wednesday; a strip mall, a mini mart in Stockton and an Office Depot in San Rafael on Thursday; and a Bar and Grill in Farmington and a Taco facility in Stockton on Friday. And some Judges say his cases have merit? How about his non-intent to use and enjoy their facilities? Rather, in my opinion, he sets them up for greenbacks.

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