The Hermosa Beach law office of Eugene Feldman, Attorney at Law, handles ADA public area claims throughout Southern California and statewide, in cases involving issues ranging from disability discrimination to public access and ADA compliance.
Employment discrimination is confined to job-related issues such as hiring and firing and everything in between. Even outside of the workplace, however, unlawful discrimination can occur in public transportation, telecommunications, public entities, restaurants, hotels, retail establishments, and more. Title III of the ADA protects the right of individuals with disabilities to receive services from private entities on the same basis as nondisabled patrons, and it is unlawful to screen out individuals with disabilities through the use of any discriminatory eligibility criteria. Title II prohibits discrimination in all programs, activities, and services of public entities, including state and local governments, departments, and agencies.
Cases under Title II or Title III have elements in common with the ADA’s employment provisions in Title I, but there are significant differences as well. It is important to retain an attorney who concentrates on ADA and disability discrimination claims in all contexts, and not just an employment or labor lawyer who occasionally handles ADA employment discrimination claims.
Public Access & ADA Compliance
People with disabilities often have particular needs in order to fully access public and commercial places and the services offered by them. Employers, retailers, and public entities can meet these needs by observing the ADA and the accessibility and compliance guidelines put forth by the Department of Justice and the California Building Code.
Issues of accessibility and compliance range from the obvious to the complex. For instance, the ADA requires that easily removable architectural barriers must be removed, but the extent to which modifications may be required depends upon a variety of factors. Accessibility issues involve questions such as: can an individual with a disability access the building, use the toilet and sink, and move their wheelchair through the doorway? Compliance issues are more objective and can be measured against regulations and standards, such as: are the toilet and sink high/low enough, is the doorway wide enough, is there a ramp to the building, and are there sufficient parking spaces for disabled individuals? Reference to the California Building Code or ADA Regulations can help answer these questions.
Our office is currently involved in nationwide class action regarding access to Disney theme parks by the blind and visually-impaired who require seeing-eye dogs.
In the case of Boggs v. Los Angeles County Department of Water & Power, Eugene Feldman was counsel in a class action on behalf of visually impaired customers of the Department of Water & Power. Plaintiffs alleged discrimination because they could not access the same billing and customer service information as sighted customers. A settlement agreement was approved by the Los Angeles County Superior Court on May 4, 2009 which, among other things, allows visually impaired customers to get billing information in an alternative format.
In Jennings v. Pasadena Unified School District, Mr. Feldman represented a disabled parent who could not gain access to her daughter’s school because of architectural barriers and a failure to comply with the Americans with Disabilities Act. A $90,000 settlement was reached in this case. In another case, Mr. Feldman represented a disabled person who sued a rehabilitation facility which was not in compliance with the Americans with Disabilities Act. This case resulted in a $200,000 settlement.
Seek Experienced Legal Representation
For a free consultation regarding a claim of disability discrimination, public access, or ADA compliance in public spaces, contact Eugene Feldman, Attorney at Law.