tag:blogger.com,1999:blog-520192522133218890.post1882060037945474162..comments2024-03-25T08:57:30.919-05:00Comments on Ability Chicago Info Blog : U.S. Congressman Initiates ADA Reform for Business AccessJim Watkinshttp://www.blogger.com/profile/15228751643642883134noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-520192522133218890.post-11737309000032549132016-03-17T12:39:55.442-05:002016-03-17T12:39:55.442-05:00We received the following comment on the unbelieva...We received the following comment on the unbelievable attempt by U.S. Rep. Jerry McNerney (D-Calif.) to limit ADA complaints for accessibility to businesses:<br /><br />This is my response to the article about the business being sued for not complying with the ADA. There is no such thing as a frivolous ADA lawsuit. <br /><br />I don't feel sorry for any business that is not in compliance with the ADA that gets sued for noncompliance. The ADA has been law for 25 years. For many years, businesses used the excuse, oh well it's old I'm “grandfathered” I don’t have to do anything. There is no "grandfather" clause in the ADA... So, the law was amended in 2010, to say that all public accommodations must do what is "readily achievable". If the business owner has failed to do that, then I believe that yes, they deserve to be forced to do it. If they can't meet that obligation to be accessible to all, then close that door. If it were their family member that could not enter or use the facility, they would care enough to do what is readily achievable instead of doing absolutely nothing to remove barriers for years. When a person becomes disabled, many times it happens in one second. Then they have to change their entire life. They must pay double the price for a modified ramp vehicle. They must make their home accessible by widening doors and installing ramps and remodeling bathrooms. They must change everything. What happened to the saying “you can do anything you want” and “where there is a will there is a way". When it has to be done it will. <br /><br />There are no ADA police or code officers going along making sure things are done right even when buildings are built new or remodeled. It's the responsibility of the building owner to comply with the ADA law. The information is available, if a business owner really cares they can do the right thing. If not ... one day they may be forced to comply, not just in one area but in all. That’s like the restaurant that has no ramp that we have asked for 3 years to fix the 2 inch rise at the door that stops a power wheelchair. A simple, easy fix that would cost very little. Yet, for 3 years, they simply refuse to fix that. When a lawyer is hired, if you can find one that is willing to take that case, when an ADA lawsuit is filed, and it goes before a judge, it's for 100 percent building compliance. In court, after all that effort and money a judge won’t just say... fix that 2 inch rise.They will force the business to be fully compliant... meaning bathroom, accessible parking spaces, adequate route to dining table, height of dining tables, etc. So who chose to be put in that position to be forced to comply with the law? The business owner did by breaking the law in the first place...and in the second place by failing to do what is readily achievable to remove that 2 inch barrier. Far as I'm concerned there are no frivolous ADA lawsuits. It cost money to go out and hire a lawyer and do a building audit and draw up architectural plans and then pay court costs. Who is responsible for that cost when the entire lawsuit can be avoided if businesses just abide by that law… If 100 years pass there will still be business that fail to comply with this law and be inaccessible to people in wheelchairs.<br /><br />Thanks, Dena<br /><br />WE THANK YOU DANA FOR SUCH A WONDERFUL COMMENT..Jim Watkinshttps://www.blogger.com/profile/15228751643642883134noreply@blogger.com