July - December 2019

View a list of top ten alleged construction-related ADA violations compiled by the California Commission on Disability Access (CCDA). Note: The information is not intended to suggest that the top ten access issues are the same in every city or county. It is reflective of only the data received by CCDA from law firms in compliance to Senate Bill 1186.

Table 1. CCDA Top Ten Alleged Construction-Related ADA Violations (July - December 2019).

Rank

Description

Number of Occurrences

Percentage

1

Access to Goods, Support, Services, and Equipment:Access Height. Heights of surfaces such as counters, bars, or tables are not compliant. *Please contact aCertified Access Specialist (CASp)for design specification.*

716

21%

2

Path of Travel- Exterior:Routes to and from parking lot or public right of way are not accessible. May include: uneven surfaces or lack of detectable warnings. *Please contact aCertified Access Specialist (CASp)for design specification.*

376

11%

3

Parking:Number of spaces. Parking lot does not contain minimum number of accessible parking spaces.*Please contact aCertified Access Specialist (CASp)for design specification.*

317

9%

4

Parking:Parking Spaces. Existing parking spaces are not compliant; fading/blue paint or excessive slope.*Please contact aCertified Access Specialist (CASp)for design specification.*

299

9%

5

Path of Travel - Interior:Path of travel features not accessible such as non-compliant surfaces, excessive slope/cross-slope,etc...*Please contact aCertified Access Specialist (CASp)for design specification.*

174

5%

6

Path of Travel- Exterior:Door Hardware. Thresholds, handles, pulls, latches, locks, or other operating devices are not accessible. Kick plates.*Please contact aCertified Access Specialist (CASp) for design specification.*

162

5%

7

Parking:Parking Signage. Signage in parking lot is not compliant (e.g.,parking spaces need to be designated as reserved by a sign showing the symbol of accessibility).*Please contact aCertified Access Specialist (CASp)for design specification.*

138

4%

8

Parking:Loading zones/van access aisles are not compliant or non-existent.*Please contact aCertified Access Specialist (CASp)for design specification*.

125

4%

9

Access to Goods, Support, Services, and Equipment:Accessible lodging units are non-existent, inaccessible, or insufficient in quantities.*Please contact aCertified Access Specialist (CASp)for design specification.*

119

3%

10

Path of Travel- Exterior:Ramps. Curb ramps or entrance ramps are not compliant or non-existing. *Please contact aCertified Access Specialist (CASp)for design specification.*

116

3%

N/A

Total:

2,542

74%

 

Table 2. Type and Total Number of Complaints Received (July – December 2019)

Month

Pre-litigation

State

Federal

Total

July

5

3

277

285

August

2

8

283

293

September

1

9

265

275

October

1

9

313

323

November

1

13

234

248

December

4

40

190

234

Complaints Alleged Against Title II Education Entities

0

0

1

1

Grand Total

14

82

1,563

1,659

 

Title II Education Entities Complaint(s):

From July – December 2019, the California Commission on Disability Access (CCDA) received one complaint against Title II Educational Entities. The violation alleged in the complaint is the denial of service animal on campus.

Footnote:

You may contact a local Certified Access Specialist (CASp) for a more in-depth interpretation of the design standards and requirements in California. For more information on CASp and access compliance, please visit the Division of State Architect (DSA). Alternatively, your local jurisdictions (e.g. the City’s/County’s building department) have licensed design professionals that can provide an access compliance evaluation of a facility.