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ADAIN Blog

Interesting articles about ADA, FHA, and ABA compliance inspections by ADA Inspections Nationwide, LLC.

Posts tagged ADA Lawsuit
What's Wrong With This Photo - 5/8/24

Grab bars are not storage devices. Nothing should be stored or placed on the tops of grab bars to include towels, toilet paper rolls, air refresheners, etc. Grab bars must be installed so the top of the gripping surface is 33-36 inches above the finished floor. Hotels should train staff not to place anything on top of grab bars.

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LabCorp ADA Lawsuit for Access to Kiosks

This case serves as an important reminder that before entering into contracts for such equipment, businesses must consider whether the equipment is accessible to users with disabilities and, if not, whether there will be employees in the area to provide prompt assistance. And while some courts have held that prompt employee assistance can be provided at inaccessible self-service equipment to comply with the ADA, providing accessible self-service equipment mitigates risk of litigation.

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Notice of Proposed Rulemaking on Accessibility of Medical Diagnostic Equipment

DOJ has published a NPRM explaining how they propose updating the regulations for Title II of the ADA to lay out specific requirements for the accessibility of MDE. This NPRM proposes to make the USAB’s MDE Standards enforceable under the ADA by adopting and incorporating them into the DOJ’s ADA Title II regulation.

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Passenger Drop Off on Exterior Route at FL Restaurant

This article is about an accessible route to an accessible entrance at a restaurant in FL where the entity went beyond the ADA. Going beyond the ADA is encouraged as long as an entity does not violate the ADA in the process. A passenger loading zone is covered in the 1991 ADA Standards and 2010 ADA Standards. Installations that are similar to a passenger loading zone should comply with the ADA Standards.

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Evacuation Chair

Evacuation chairs are not covered in the ADA, and stairways are not considered part of accessible routes, even with an evacuation chair stowed close by. In no way should evacuation chairs be considered part of an accessible route. Installation of these chairs does not eliminate the requirements for accessible routes where stairways or routes with excessive run slope are installed.

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Chicago Liable for Private Developers Who Build Affordable Housing

Chicago cannot contract away its Section 504 and Title II obligations. Section 504 and Title II cover all programs and activities of a public entity, and do not distinguish between a program provided directly by the public entity and a program provided through a contractual or other arrangement. Chicago has the ability and obligation to ensure that the private developers with whom it contracts provide housing that is both affordable and accessible to individuals with disabilities.

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USAB Issues Final Rule on PROWAG

On August 8, 2023, the USAB issued its final rule on Public Right-of-Way Accessibility Guidelines (PROWAG). These guidelines inform federal, state, and local government agencies on how to make their pedestrian facilities, such as sidewalks, crosswalks, shared use paths, and on-street parking, accessible to people with disabilities. 

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Top 10 Most Accessible Cities - BBC

With one in six people living with disability, ensuring that cities around the world are accessible to all is vital. The resulting data from this study provides great understanding into what makes a city attractive to disabled travellers. This article in BBC explores four of the top cities, explaining what makes them a good place for PWD to visit and bringing additional insights from knowledgeable residents and visitors.

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DOJ Files Statement of Interest in FL Private Lawsuit Regarding Children Behavior and the ADA

The DOJ filed a Statement of Interest in D.P., et al. v. School Board of Palm Beach County regarding behavioral response. Public entities like school boards have an obligation under the ADA to reasonably modify their behavioral response by helping the children calm down, involving professionals including a mobile crisis team or a child’s therapist, or calling the child’s guardian.

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DOJ Secures Agreement with San Juan, PR to Improve Public Sidewalk Accessibility

The DOJ filed an Order against the Municipality of San Juan, PR, regarding the condition of their public sidewalk system. This Order could have been prevented if the municipality had been pro-active with their responsibility to build and maintain their public sidewalk system to comply with the ADA Standards.

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