California – one of the most ADA compliant states in the nation – is also the most ADA litigious. Under California law, any violation of the ADA is considered a civil rights violation and subject to a minimum statutory penalty of $4,000, plus attorney’s fees.
Any disabled person who encounters a building condition that does not meet the accessibility requirements of the ADA or the California Building Code (CBC) is entitled to file a lawsuit and receive a minimum of $4,000 in statutory damages plus attorney’s fees.
While the ADA laws were enacted to protect the rights of the disabled, they have also led to an expensive flood of ADA lawsuits by individuals intent on taking advantage of the system.
Even if a building is not fully accessible, a Certified Access Specialist (CASp) inspection provides a business owner with immediate protection by identifying “readily achievable” issues for correction and establishing an intent to address required accessibility issues.
Tax Benefits Tax credits and deductions are available to help pay for inspection and construction costs. A tax credit of up to $5,000 is available for small businesses that incur expenses related to accessibility improvements. A tax deduction of up to $15,000 per year is also available to all businesses for qualified accessibility expenses that are normally capitalized.
Materials Used: Acrylic, PVC, Aluminum, Digital Prints
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