Mistakes in ADA door threshold compliance can be costly. One common mistake in both new construction and the alteration of existing structures is overlooking the requirement of a level, maneuverable clearance area for primary entrance doors. The front approach to the pull side of a swinging door must have wheelchair maneuvering space that extends 24 inches or more beyond the latch side of the door, and 60 inches or more perpendicular to the doorway. A 60” x 60” level landing area for a single, manually operated swing door generally meets access code requirements in most jurisdictions. Double doors will require larger landings depending on size, but without the need for strike side clearance. This ensures that a wheelchair-bound user can maintain control, stability, and balance while accessing the door. ADA Door Threshold ramp by SafePath Paroducts SafePath ADA Door Threshold Products Started 20 Years Ago SafePath introduced EZEdge Transition/Threshold Ramps more than 20 years ago. They are used to remove vertical barriers in the path of travel…whether it’s in the house to solve mobility issues or on the production floor to eliminate tripping hazards. EZEdge ramps are “green” and made from high density, reclaimed rubber from used car and truck tires. These products are both economical and good for the environment. These EZEdge ramps can be used indoors or out and will not fade, crack or deteriorate. They are perfect for wheel chair access through entry way doors, sliding glass doors, patio doors and showers. These ramps are Industrial Grade and can be used in both residential and commercial use. They are noiseless and visually pleasing. All EZEdge ramps are molded with mitered edges on 3 sides. This allows EZ access from any side. EZEdge ramps have no weight limit which means they can handle motorized scooters in the house and lift trucks on the shop floor. Both ADA (Americans with Disabilities Act) and OSHA (Occupational Safety and Health Act) have slip resistant specifications. EZEdge ramps exceed both of these specs and are significantly more slip resistant than ramps made from aluminum, treated lumber or semi-smooth concrete. They will not fade or deteriorate and are guaranteed to resist damage caused by the sun’s UV (ultra-violet) rays. All EZEdge products have a 10 year warranty. You should note that EZEdge ramps come in a large variety of sizes. Heights vary from 1/2 inch to 2 inches with widths of 42 to 60 inches. Installation is quick and easy. The ramps can be cut for various heights and notched for door jams and stops using a jig saw, or a utility knife. They can be temporarily or permanently installed. SafePath has manufactured the EZEdge ramps from the highest quality materials available and designed them to exceed specifications for safety, slip resistance, easy access and code compliance. All EZEdge products are proudly made in the U.S.A. Enjoy!

ADA non compliance complaints with disability access regulation violations is the right thing to do. Nevertheless, it’s hard to see these kinds of lawsuits as anything other than harassment. Unfortunately they are happening with greater frequency and very little warning. This article from the Davis Enterprise in California, complete article at the link below, shows the challenges involved and why lawsuits are so frequent. It’s up to us to fix this before the lawsuits ensue! ADA Lawsuits Take Their Toll in Davis ExcerptADA Non Compliance ComplaintsWheelchair Accessible Entrance Rubber Threshold Ramps for ADA compliance ADA non compliance complaints turn into lawsuits? “When lawsuits targeting businesses not in compliance with the Americans with Disabilities Act first swept through Davis, Suresh Kumar saw the signs on Olive Drive. Like dominoes, Redrum Burger, Shell and — eventually — Kumar’s Olive Drive Market joined the slate of businesses sued for ADA non-compliance. Kumar paid $6,000 to settle his lawsuit. “The reason people settle is that if you’re actually going through the legal process, it’s probably 10 times more expensive,” he said. “People who are involved in the lawsuits are attorneys, and they know this.” “I’m in no way against any of the regulations,” he said. “But I’m just asking to be tactical, and have some time to fix it. There’s a slogan, ‘Small business is the backbone of America,’ and we have to strengthen it, not weaken it.” Because of their work, political action ensued, and the lawsuit turned into more. “The group found success when a Senate bill it supported, SB 1186, was signed into law by Gov. Jerry Brown. It went into effect Jan. 1. Authored by Senate President Pro Tem Darrell Steinberg, D-Sacramento, the bill takes aim at predatory lawsuits by barring lawyers from issuing threatening letters before litigation. It also reduces the minimum fine for violations from $4,000 to $1,000. Maryann Marino, representative of the Californians Against Lawsuit Abuse, said the hope is that the financial incentive for filing “frivolous lawsuits” has been reduced or removed entirely. The remaining objective is extending the length of time business owners with ADA compliance infractions have to take corrective action, she added. “The problem with these lawsuits is that no one seems to care whether the problem is fixed or not,” Marino explained. “They just want to get the amount of money it takes for the accused party to settle.” The Impact of ADA Non Compliance Complaints “How the new bill will affect ADA “enforcers” like Sacramento attorney Scott Johnson, who has filed more than 2,200 ADA complaints, remains to be seen. Johnson was responsible for nearly all of the Davis lawsuits. Johnson declined comment. The disabled rights crusader has recently become involved in a lawsuit himself, filed by four of his former legal assistants who accuse him of sexual harassment. It’s not always the cost of settling lawsuits that puts a business under; sometimes it’s the changes that are necessary to comply with the ADA. Don Shor of Redwood Barn Nursery, named in one of Johnson’s lawsuits, can attest to the expenses associated with meeting standards. Shor said he had to redo parking layout and signage, along with the entrance to his nursery on East Fifth Street. “I’m actually happy to comply, and pleased with the results, but not happy about the way it came about,” he said. “We were lucky. Some businesses simply won’t be able to fully comply at a reasonable cost.” “As a person with a disability myself, I obviously think it’s important that things be made accessible,” she said. “I’m able to get out and around and do everything, and I appreciate communities who welcome me in that way.” When lawsuits targeting businesses not in compliance with the Americans with Disabilities Act first swept through Davis, Suresh Kumar saw the signs on Olive Drive. Like dominoes, Redrum Burger, Shell and — eventually — Kumar’s Olive Drive Market joined the slate of businesses sued for ADA non-compliance. Kumar paid $6,000 to settle his lawsuit. Find a Simple solutions to become ADA Compliant and save yourself some heart ache.

ADA compliance guidelines are not always understood, and the Federal ADA home page provides a helpful list of “Myths and Facts about the American Disabilities Act” which is no longer available on their site. We’ve researched the old archived article to give an idea of this impact. For example, it is a myth that “the ADA requires businesses to remove barriers overnight”. Rather, the fact is that businesses “are only required to do what is readily achievable at that time. A small business may find that installing a ramp is not readily achievable this year, but if profits improve it will be readily achievable next year. Businesses are encouraged to evaluate their facilities and develop a long-term plan for barrier removal that is commensurate with their resources.” ADA Compliance Guidelines – The Myths and Facts about the American Disabilities Act (archived from Waybackmachine.org from 2014, please take any information as related to that time period and possibly updated, this is shared for a better understanding of the issues) MYTH: ADA suits are flooding the courts. FACT: The ADA has resulted in a surprisingly small number of lawsuits — only about 650 nationwide in five years. That’s tiny compared to the 6 million businesses; 666,000 public and private employers; and 80,000 units of state and local government that must comply. MYTH: The ADA is rigid and requires businesses to spend lots of money to make their existing facilities accessible. FACT: The ADA is based on common sense. It recognizes that altering existing structures is more costly than making new construction accessible. The law only requires that public accommodations (e.g. stores, banks, hotels, and restaurants) remove architectural barriers in existing facilities when it is “readily achievable”, i.e., it can be done “without much difficulty or expense.” Inexpensive, easy steps to take include ramping one step; installing a bathroom grab bar; lowering a paper towel dispenser; rearranging furniture; installing offset hinges to widen a doorway; or painting new lines to create an accessible parking space. MYTH: The government thinks everything is readily achievable. FACT: Not true. Often it may not be readily achievable to remove a barrier — especially in older structures. Let’s say a small business is located above ground. Installing an elevator would not, most likely, be readily achievable — and there may not be enough room to build a ramp — or the business may not be profitable enough to build a ramp. In these circumstances, the ADA would allow a business to simply provide curbside service to persons with disabilities. MYTH: The ADA requires businesses to remove barriers overnight. FACT: Businesses are only required to do what is readily achievable at that time. A small business may find that installing a ramp is not readily achievable this year, but if profits improve it will be readily achievable next year. Businesses are encouraged to evaluate their facilities and develop a long-term plan for barrier removal that is commensurate with their resources. MYTH: Restaurants must provide menus in braille. FACT: Not true. Waiters can read the menu to blind customers. MYTH: The ADA requires extensive renovation of all state and local government buildings to make them accessible. FACT: The ADA requires all government programs, not all government buildings, to be accessible. “Program accessibility” is a very flexible requirement and does not require a local government to do anything that would result in an undue financial or administrative burden. Local governments have been subject to this requirement for many years under the Rehabilitation Act of 1973. Not every building, nor each part of every building needs to be accessible. Structural modifications are required only when there is no alternative available for providing program access. Let’s say a town library has an inaccessible second floor. No elevator is needed if it provides “program accessibility” for persons using wheelchairs by having staff retrieve books. MYTH: Sign language interpreters are required everywhere. FACT: The ADA only requires that effective communication not exclude people with disabilities — which in many situations means providing written materials or exchanging notes. The law does not require any measure that would cause an undue financial or administrative burden. MYTH: The ADA forces business and government to spend lots of money hiring unqualified people. FACT: No unqualified job applicant or employee with a disability can claim employment discrimination under the ADA. Employees must meet all the requirements of the job and perform the essential functions of the job with or without reasonable accommodation. No accommodation must be provided if it would result in an undue hardship on the employer. MYTH: Accommodating workers with disabilities costs too much. FACT: Reasonable accommodation is usually far less expensive than many people think. In most cases, an appropriate reasonable accommodation can be made without difficulty and at little or no cost. A recent study commissioned by Sears indicates that of the 436 reasonable accommodations provided by the company between 1978 and 1992, 69% cost nothing, 28% cost less than $1,000, and only 3% cost more than $1,000. MYTH: The government is no help when it comes to paying for accessibility. FACT: Not so. Federal tax incentives are available to help meet the cost of ADA compliance. MYTH: Businesses must pay large fines when they violate the ADA. FACT: Courts may levy civil penalties only in cases brought by the Justice Department, not private litigants. The Department only seeks such penalties when the violation is substantial and the business has shown bad faith in failing to comply. Bad faith can take many forms, including hostile acts against people with disabilities, a long-term failure even to inquire into what the ADA requires, or sustained resistance to voluntary compliance. The Department also considers a business’ size and resources in determining whether civil penalties are appropriate. Civil penalties may not be assessed in cases against state or local governments or employers. MYTH: The Justice Department sues first and asks questions later. FACT: The primary goal of the Department’s enforcement program is to increase voluntary compliance through technical assistance