[nagdu] Article: California Enacts New Disability Access Legislation

Wed Jan 21 19:59:00 UTC 2009

California Enacts New Disability Access Legislation

20 January 2009

Article by Proskauer Rose LLPs Accessibility And Accommodations Practice
Group 

California Governor Arnold Schwarzenegger, in 2008, signed a landmark
disability access bill, S.B. 1608, aimed at promoting and increasing
compliance with

state and federal civil rights laws providing equal access for
individuals with disabilities in public accommodations and reducing
frivolous, unnecessary

litigation that does not advance the goals of disability access.

Conflicting disability access standards under California and federal
laws, a lack of continuing education for building inspectors and
architects, and inconsistent

interpretations of state law have made compliance with disability access
standards in California difficult. S.B. 1608's provisions are designed
to address

those issues and improve accessibility compliance throughout the state.
State Senator Ellen Corbett, one of the bill's sponsors, has stated she
believes

the bill "strikes a much needed balance between the rights of people
with disabilities and businesses that need to be in compliance with
ADA."

The law adds several new provisions to the California's existing
disability access laws, including the Business and Professions Code,
Government Code, and

the Health and Safety Code. Most provisions took effect January 1, 2009,
with some provisions delayed until July 1, 2009.

Some key highlights of the new law:

list of 7 items

* Establishes a 19 member California Commission on Disability Access.
This independent commission will conduct studies and make reports to the
Legislature

on disability access throughout the state. 

* Requires a court, with respect to an action involving a
construction-related accessibility claim, to issue an order granting a
90-day stay of the claim,

scheduling an early evaluation conference, and directing the defendant
to file with the court and serve on the plaintiff any relevant Certified
Access

Specialist inspection report if the defendant has satisfied certain
requirements relating to inspection of the site at issue. The stay and
early evaluation

conference is not a "right-to-cure" period nor is it a "safe harbor." 

* Provides that in a construction-related accessibility claim, damages
may be recovered against a place of public accommodation only if a
violation of construction-related

accessibility standards denied the plaintiff full and equal access to
the site on a particular occasion. 

* Requires a plaintiff's attorney to provide a written advisory to a
building owner or tenant with each demand for money or complaint for any
construction-related

accessibility claim, as defined in the law, in a form to be developed by
the Judicial Council. The advisory form must explain the right to a
court stay

and early evaluation conference to assess the merits of the claim. This
is not a pre-lawsuit notification provision. 

* Requires architects and building inspectors to complete coursework
regarding disability access requirements, and requires construction
inspectors, plans

examiners, and building officials to complete at least 8 hours of
continuing education relating to disability access requirements every 3
years. 

* Requires every local building department to employ or retain a
Certified Access Specialist. 

* Enacts the Construction-Related Accessibility Standards Compliance Act
providing for the inspection of sites by Certified Access Specialists,
the provision

of specified certificates, and reports regarding those inspections. 

list end

The new law serves as a reminder that employers should evaluate their
businesses regularly to ensure they are in compliance with access
requirements and

other aspects of disability discrimination laws.

www.proskauer.com

The content of this article is intended to provide a general guide to
the subject matter. Specialist advice should be sought about your
specific circumstances.

Specific Questions relating to this article should be addressed directly
to the author.

Do you have a question for the author?

View Popular Related Articles on from North America

Other Information about Proskauer Rose LLP

FCPA Compliance Lessons From The Record-Setting Siemens Enforcement
Action (Foley & Lardner)

In December 2008, Siemens Aktiengesellschaft (Siemens) agreed topay $800
million in combined fines and penalties to settle ForeignCorrupt
Practices Act

(FCPA) charges for engaging in a pattern ofbribery the U.S. Department
of Justice (DOJ) termedunprecedented in scale and geographic scope.

Supreme Court Of Canada Releases Reasons For Decision In BCE (Blake,
Cassels & Graydon LLP)

While the decision has been known for months, the Canadian business and
legal communities have eagerly awaited the Supreme Court of Canada's
Reasons for

Judgment in the BCE case.

Litigation And Securities Alert: Collapse of Bernard L. Madoff
Investment Securities LLC (Mintz, Levin, Cohn, Ferris, Glovsky and
Popeo, P.C.)

This is an update regarding the collapse of securities firmBernard L.
Madoff Investment Securities LLC(BMIS) and the associated fraud scheme
to whichits

founder, Bernard Madoff, admitted.

The Impact Of The Amendments To The Americans With Disabilities Act On
Title III - Public Accommodations (Proskauer Rose LLP)

On September 25, 2008, the President signed into law the Senate's
version (S. 3406) of the Americans with Disabilities Act Amendments Act
of 2008 ("ADAAA"),

which became effective on January 1st of this year. 

Developments In Securities Class Actions In Ontario (Torys LLP)

This bulletin discusses developments under Ontario'ssecondary market
liability regime: the status of the claims thathave commenced and two
decisions that

have been rendered regardingthe important requirement for plaintiffs to
obtain leave to proceedwith a claim under this regime. 

Protection Under Title III Continues To Expand Beyond Brick-And-Mortar
Accommodation To The World Wide Web: "National Federation Of The Blind
v. Target

Corp."- AND MORE (Proskauer Rose LLP)

>From its inception, Title III of the Americans with Disabilities Act of
1990 ("ADA"), has been a hotbed of litigation. 

Civil False Claims Act: Supreme Court Signals Its Interest In The
Question Of Whether Administrative Reports Issued By State And Local
Governments Qualify

As "Public Disclosures" (Fried Frank Harris Shriver & Jacobson)

Today, the Supreme Court asked the Solicitor General to submit a brief
expressing the views of the United States on a key definitional issue
under the public

disclosure bar in "Graham County Soil & Water Conservation District v.
United States ex rel. Wilson", No. 08-304 ("Graham County II"). 

Stadiums/Arenas Beware: Equal Aural Content Required For Deaf And Hard
Of Hearing Fans (Proskauer Rose LLP)

In a case of first impression, a federal court in Maryland ruled that
Title III of the ADA required the Redskins to provide deaf and hard of
hearing football

fans full and equal access to the information broadcast over the public
address system at FedEx Field, which includes: music with lyrics, play
information,

advertisements, referee calls, safety/emergency information and other
announcements. 

icon/icon_summary  

View summary of all information contributed by Proskauer Rose LLP 

images/chambers  

View firm profile at Chambers 

icon/icon_www  

View Firm's Website
------------------------------------------------------------------------
--------

(c) Mondaq 1994-2009.

All Rights Reserved

frmprintcapture frame

frmprintcapture frame end

Craig Borne, Esq.

Equal Opportunity Specialist

Disability Program Manager

National Highway Traffic Safety Administration 

Office of Civil Rights

1200 New Jersey Avenue, Southeast  

Suite W43-321 

Washington, DC 20590

Office : (202) 493-0627

Fax: (202) 493-2990 

Email: craig.borne at dot.gov <mailto:craig.borne at dot.gov> 

The information contained in this communication (including any
attachments) may be confidential and legally privileged. This email may
not serve as a contractual agreement unless explicit written agreement
for this purpose has been made. If you are not the intended recipient,
you are hereby notified that any dissemination, distribution, or copying
of this communication or any of its contents is strictly prohibited. If
you have received this communication in error, please re-send this
communication to the sender indicating that it was received in error and
delete the original message and any copy of it from your computer
system. 