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The Law Office of Hakimi & Shahriari
15760 Ventura Blvd., Suite 650
Encino, California 91436
Toll-Free: (888) 635 - 2250
(888) 635 - 2250
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Under the law, we are all entitled to equal access to goods, services, facilities, privileges, advantages or accommodation in places open to the public, disabled people included. Imagine not being able to eat at your favorite restaurant, see a movie in a theatre, or ever shop for clothes. These are some of the challenges people with disabilities face. Disability access laws, like the Americans with Disabilities Act (ADA) try to make public spaces accessible to all people, including those with physical challenges.
Many times disabled persons visit a business only to find non-compliance in many different areas. Some businesses violate so many disabled access laws that the disabled person cannot even use the facility or is discouraged from future patronization. Even though the businesses can readily cure the violations, many choose not to fix the problems because most of their customers are not disabled.
There are many ways a seemingly minor barrier can actually be so hard on a disabled person it discourages them from even using or returning to business establishment, even if they really like or need the business. These barriers or challenges might make a disabled person feel too humiliated or be too hard on them for them to want or be able to come back to the business:
- I cannot safely park without risk of cars hitting me
- I cannot move my wheelchair up the ramp because of the steep incline
- I cannot get my wheelchair past the uneven, broken pavement
- I cannot see the credit card machine on the counter
- I cannot see the handicap access signs
- I cannot use the controls on the sink because they are set way back
- I cannot use the toilet because there are no bars to grab
- I cannot eat at the restaurant because there is no knee room under the tables
- I cannot use this establishment because I cannot reach the door
These may seem like small or minor problems to the able bodied, but to a disabled person, these impediments are giant barriers which making eating at the restaurant, staying at the hotel, or shopping at one’s favorite store impossible.
Businesses are required to remove such barriers. If a business owner can easily and cheaply fix access problems, but chooses not to, then he or she might be discriminating against disabled person who deserve to be given equal access. A business own has many ways to accommodate their disabled customers such as offering them alternative seating. Public accommodations have a legal obligation to remove barriers in existing buildings where it is "readily achievable", which means that removing the barriers is easily accomplishable and able to be carried out without much difficulty or expense.
The law protects disabled persons from being excluded from public places because of minor, fixable barriers which cause difficulty, discomfort, and embarrassment to disabled people. If they can be easily fixed, the business owner must fix them.
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tHE AMERICANS WITH DISABILITIES ACT (ada)
THE AMERICANS WITH DISABILITIES ACT (ADA) - LAWYERS FOR DISABLED PERSONS' RIGHTS
Federal and California disability discrimination laws require businesses which are open to the public to provide what is known as “equal access”. These laws are designed to protect disabled persons. Physically disabled persons are entitled to enjoy the same facilities and public accommodations as everybody else. Businesses must comply with Federal and California access standards which provide that disabled persons must be provided with reasonable measures to allow them to gain access to public places, even if they have disabilities such as low vision, hearing impairment or require a wheelchair for mobility. Full access must be provided if the business is open to the public based on these laws.
The Americans with Disabilities Act (ADA) requires business and facilities to provide reasonable access and accommodation for all disabled public who may visit their business. The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits disability discrimination in various settings including housing, employment, education, and public accommodations; it prohibits the exclusion of people with disabilities from everyday activities, such eating at a restaurant, using the restroom in a public place, staying at a hotel, or making transactions at a business. When the United States Congress passed the law they wanted to remedy the discriminatory effects of physical barriers. Physical barriers separate Americans with disability from the rest of society. The ADA applies to almost all businesses that are open to the public, regardless of size. The ADA imposes modest financial penalties on businesses that have failed to provide a way for the disabled to access their business services.
This is known as Disability Access.
IF YOU OR A LOVED ONE WAS DENIED ACCESS TO A PLACE OF PUBLIC ACCOMMODATION BECAUSE OF YOUR DIABILITY, PLEASE CALL CALIFORNIA ADA DISABILITY ACCESS ATTORNEYS ANOUSH HAKIMI AND PETER SHAHRIARI OF THE LAW OFFICE OF HAKIMI & SHAHRIARI AT (888) 635 - 2250 FOR A FREE CONSULTATION.