Avoid a Sacramento ADA Lawsuit

 Sacramento’s Aggressive ADA Lawsuits

A Sacramento pool hall that hosted billiards players from around the world for 50 years closed last Wednesday after its owner said he faced litigation from a serial filer of disability access lawsuits.

In May, Jointed Cue Billiards was sued by Scott Johnson, a quadriplegic attorney from Carmichael who has filed lawsuits against thousands of businesses in California. A Scott Johnson is listed as a plaintiff in more than 2, 000 federal lawsuits filed in the Eastern District of California, which includes the Sacramento area, court records show.

Johnson has sued businesses in California alleging they were violating the Americans with Disabilities Act, then routinely settled with defendants out of court for $4, 000 to $6, 000, according to a past investigation by The Sacramento Bee. Under California law, ADA violations require businesses to pay at least $4, 000 for each visit a disabled plaintiff made to the property, plus attorney fees.

Accessible Parking Spaces

When a business or State or local government restripes parking spaces in a asphalt parking lot or parking structure (parking facilities), it must provide accessible parking spaces as required by the 2010 ADA Standards for Accessible Design (2010 Standards).

In addition, businesses or privately owned facilities that provide goods or services to the public have a continuing ADA obligation to remove barriers to access in existing parking facilities when it is readily achievable to do so. Because re-striping is relatively inexpensive, it is readily achievable in most cases. State and local government facilities also have an ongoing ADA obligation to make their programs accessible, which can require providing accessible parking.

This compliance brief provides information about the features of accessible car and van parking spaces and how many accessible spaces are required when parking facilities are re-striped.

Driveways can be constructed of asphalt or concrete. Both must comply with ADA regulations.

 

 

 

 

 

 

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