How does a property owner “win” non-compliance litigation?

1.   The first line of defense is to have an accessibility audit that will identify all accessibility non-compliance items.

2.   Second, prioritize all the non-compliance items as defined in the Americans with Disabilities Act.

3.   Third, appropriate monies to eliminate the non-compliance items.

4.   Fourth, establish a timetable in years to eliminate the non compliant items.

In the opinion of ACCESS, the Americans with Disabilities Act is a reasonable law; therefore, for each of the four above items, one must ask the question, “Is it reasonable?”  We at ACCESS suggest a five year timeline.  The five year plan can be adjusted when monies are not available.

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

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