Presenting a live 90 ‐ minute webinar with interactive Q&A Construction Projects and Construction Projects and ADA Accessibility Compliance Drafting Design and Construction Contracts to Manage ADA Risks TUES DAY, MAY 21, 2013 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific T d Today’s faculty features: ’ f l f Jean Weil, Partner, Weil & Drage , Laguna Hills, Calif. Eric A. Grasberger, Partner, Stoel Rives , Portland, Ore. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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CO S CONSTRUCTION PROJECTS and ADA C O O C S d ACCESSIBILITY COMPLIANCE STRAFFORD WEBINAR May 21 2013 1:00 ‐ 2:30pm EDT May 21, 2013, 1:00 2:30pm EDT Jean A. Weil Esq. Weil & Drage, APC 23212 Mill Creek Drive Laguna Hills, CA 92653 g , 949 ‐ 837 ‐ 8200 jweil@weildrage.com California Nevada Arizona California, Nevada, Arizona
Jean A. Weil Esq. jweil@weildrage.com Weil & Drage, APC g , CA, NV, AZ This presentation may not be duplicated or distributed without the express 6 written permission of Weil & Drage, APC
NEW CASE LAW ON INDEMNITY FOR ADA AND FHA VIOLATIONS ADA AND FHA VIOLATIONS • In 2010 a Federal Appellate Court sitting in 0 0 a ede a ppe ate Cou t s tt g Maryland (4th Circuit) broke new ground on whether owners and developers can seek indemnity from third parties for their own ADA d f h d f h and FHA violations • In 2012 the Nevada Supreme Court became the I 2012 th N d S C t b th first high state court in the country to rule on this controversial issue controversial issue • Before we get to those cases, let’s take a step back to review the ADA and the FHA This presentation may not be duplicated or distributed without the express 7 written permission of Weil & Drage, APC
WHY WAS THE ADA ENACTED? WHY WAS THE ADA ENACTED? The Americans with Disabilities Act (ADA) of ( ) 1990 (and amended 2008) Effective July 29, 1992, ADA ADA enacted to address prohibits discrimination prohibits discrimination “pervasive social problem” of against the disabled in the disabled being excluded employment, public services, from full participation in public accommodations and society telecommunications telecommunications George Bush signed the ADA on July 26 1990 (amended in 2008 July 26, 1990 (amended in 2008 ADA was the world’s first civil ADA was the world s first civil to broaden the definition of rights law protecting the those covered and their disabled protections) This presentation may not be duplicated or distributed without the express 8 written permission of Weil & Drage, APC
WHAT IS THE PURPOSE OF THE ADA? WHAT IS THE PURPOSE OF THE ADA? To provide a clear and To provide a clear and To ensure the federal To ensure the federal comprehensive mandate government enforces for elimination of standards on behalf of discrimination against discrimination against individuals with individuals with individuals with disabilities disabilities To provide clear, strong, To invoke congressional consistent, enforceable authority to address y standards addressing standards addressing discrimination discrimination This presentation may not be duplicated or distributed without the express 9 written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR ADA COMPLIANCE? • What does the ADA apply to? pp y – The ADA applies to both public and private places of public accommodation accommodation – Essentially any place (public or private) which is open to members of the public and b f th bli d relates to “commerce” but not “residential” – Exemptions for private clubs and religious organizations and special rules for historic properties rules for historic properties This presentation may not be duplicated or distributed without 10 the express written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR ADA COMPLIANCE? • What is a “disability”? What is a disability ? – An individual with a physical or mental impairment that substantially limits one or p y more major life activities of such individual • What is a “major life activity”? – Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, di lif i b di ki breathing, learning, reading, concentrating, communicating and working communicating and working This presentation may not be duplicated or distributed without 11 the express written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR ADA COMPLIANCE? • Who must comply with the ADA as related o ust co p y t t e as e ated to public and private places of public accommodation”? – Potentially everyone involved in the design and construction of such places and those who own, operate, maintain and control such places operate, maintain and control such places – Includes the entire design and construction team whose scope of work touches upon ADA compliance This presentation may not be duplicated or distributed without 12 the express written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR ADA COMPLIANCE? Such entities Such entities could include but could include but could include, but could include, but are not limited to: are not limited to: Tenants Tenants Owners Owners Landlords Landlords Developers Developers Licensees Licensees Operators Operators p This presentation may not be duplicated or distributed without 13 the express written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR ADA COMPLIANCE? Construction Managers Consultants and Interior Designers General •Usually ADA and Contractors Specialty Consultants Specialty Consultants (i.e., restaurants, theatres, stadiums, convention centers, hotels, etc.) Design Professionals Subcontractors •Usually Architects, MEP’s and Civil Engineers This presentation may not be duplicated or distributed without 14 the express written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR ADA COMPLIANCE? • Who has standing to sue under the ADA? Who has standing to sue under the ADA? – Any individual with a disability who has been denied equal access to a public or private place of public accommodation – Any qualified organization representing the disabled who have been denied equal access disabled who have been denied equal access – The Department of Justice (DOJ) seeking to enforce standards of compliance to ensure equal access This presentation may not be duplicated or distributed without 15 the express written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR FHA COMPLIANCE? • Who is protected by the p y Fair Housing Act (FHA) of 1968 (and as amended 1988)? – The original act protected against discrimination based on race, religion, di i i ti b d li i national origin and sex – The 1988 amendment added disability and family status to the list of those protected protected This presentation may not be duplicated or distributed without 16 the express written permission of Weil & Drage, APC
WHO’S RESPONSIBLE FOR FHA COMPLIANCE? • What is the purpose of the Fair Housing Act What is the purpose of the Fair Housing Act (FHA) of 1968 (and as amended 1988)? – To eliminate housing discrimination against multiple classes of individuals l i l l f i di id l including disabled individuals – To promote residential integration This presentation may not be duplicated or distributed without 17 the express written permission of Weil & Drage, APC
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