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How to Comply with Disability Access Laws and Avoid Lawsuits

How to Comply with Disability Access Laws and Avoid Lawsuits

Avoiding Disability Access Lawsuits Federal and State Disability Access Laws ■ Americans with Disabilities Act of 1990 » Injunctive Relief » Attorney’s Fees and Costs ■ California Civil Code » Damages ($1,000) » Attorney’s Fees and Costs 54 — Disabled Persons Act ■ California Civil Code » Damages ($4,000) » Attorney’s Fees and Costs » Munson v. Del Taco, Inc. (May 6, 2009) ■ Senate Bill 1608 Reforms 51 — Unruh Civil Rights Act December 5, 2011 [ GREENBERG TRAURIG, LLP ▪ 1 ]

Avoiding Disability Access Lawsuits Accessibility Standards ■ New Construction – Strict Adherence to Standards ■ Existing Facilities – Barrier Removal » Must remove all architectural barriers where “readily achievable” to do so. » “Readily achievable” means “easily accomplished and able to be carried out without much difficulty or expense.” » Must achieve usability that balances user needs, the constraints of existing conditions, and the resources available for remedial work. ■ Existing Facilities With Alterations December 5, 2011 [ GREENBERG TRAURIG, LLP ▪ 2 ]

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