Parking Must Be Level

Businesses all over California are being hit by lawsuits for nonconforming accessible parking stalls.   While most of these stalls may appear to be in compliance, most are not and even if the accessible stall is the correct size and has the proper signage, there are still hidden nonconforming conditions on the ground in the form of the accessible parking stall level.   

Accessible parking stalls and the adjacent aisle must be level.   If not, those disabled individuals that use a specialized van can not load and unload via the ramp or hydraulic lift that many of the vans have on the passenger side.   This is a really big issue as it really makes no sense to have an accessible stall with the proper signage that the disabled can not use because they can not get out of their van.

I wrote about this issue in detail in my blog on December 9, 2013 at which time I showed an example of a nonconforming stall and discussed the issues related to stall level and despite my warnings, businesses are continuing to have lawsuits filed against them for accessible parking spaces that are not level.   Drive around town as I do and it’s easy to spot businesses that have received lawsuits………….they have a brand new completely regarded and repaved accessible parking stall.   The photograph above shows just such case. 

  

Previously the parking lot shown in the photograph had an accessible parking stall at the other end of the parking lot that was not level.   To get this parking space level, the new accessible space needed to be completely regarded and a retaining curb was installed to deal with the grade difference.   Not necessarily the best situation, but always better than a lawsuit.

As many of the ADA lawsuits that my clients receive are for ADA violations in the parking lot, I can not stress enough that accessibility in parking lots must be PERFECT.    Having a parking lot with perfect accessibility is one of the best ways to avoid ADA lawsuits although it’s also important to address ALL of the ADA issues on a property to be completely secure.  Also, please remember when making ADA improvements, you must consult your local building officials as to any permits or approvals that may be required.

Another Non-Conforming Space

The photograph to the right shows another non-conforming parking space.   Previously, this restaurant did not have any accessible parking and then one day this accessible space appeared.  I suspect they have been   It’s obvious from looking at the parking space that someone with no knowledge of the ADA made the improvements. 

involved in an ADA lawsuit.

  

For starters, while you can certainly see the sign at the head of the space, it’s not reflectorized as required in by the ADA.   In addition, the image of an occupant in a wheel chair is facing the wrong direction.  The good news here is that the sign is required to be a certain minimum size and the sign on the wall far exceeds the minimum size requirements.   There are also other signs that should be included on the wall that are missing.

In regards to the parking space there are also numerous violations.   While the size of the parking stall is in question, there is no question that the aisle is not the proper size for a van accessible space and the aisle is on the wrong side of the space.   Additionally, the emblem of an occupant in a wheel chair is facing the wrong direction and the aisle is missing the signage that should be painted within its boarder.

While it’s impressive the business owner made an attempt to conform to the ADA, its clear there is still no understanding as to the intent of the ADA.   As an example, having a parking stall and aisle that is non-conforming will not allow an accessible van to load and unload its occupant and therefore could be the subject of a lawsuit.

Tow Away Sign

In general, the California Building Code (CBC) incorporates provisions from the Federal Americans with Disabilities Act (ADA) and in many cases it makes them more restrictive.   The Tow Away Sign shown above is a case in point.

In California you are required to have a Tow Away Sign at every vehicle entry or at the location of the accessible parking stall.   In the Federal ADA, there is no such requirement.   Missing Tow Away Signs are one of the quickest ways to get involved in a lawsuit for violations of the Americans with Disabilities Act (ADA).  It’s also important to note the ADA Tow Away sign is separate from any other Tow Away Signs on the property.   Many of my clients assume their regular Tow Away Signs are the same as the ADA Tow Away Sign and this is simply not true.

In addition to missing signs, the contact information as noted on the sign must be completed.   Missing information is the second quickest way to get involved in a lawsuit.   Owners are advised to contact the Traffic Enforcement Division of their local Police Department for contact information.

In addition to completing the sign with the required contact information, there are certain other requirements for the sign including overall size of the sign, text height on the sign and mounting height all of which could result in a lawsuit if they do not meet the requirements of the ADA.

Accessible Parking & The Main Entry

The ADA dictates that accessible parking be as close as possible to the main building entry.   The reason for this is obvious………..someone in a wheelchair may not have the strength and ability to travel long distances.  After all, you must remember that unless the wheelchair is motorized, as very few are, the disabled person must use their upper body strength to move from Point “A” to Point “B” and that can be quite difficult for those with disabilities. 

As I was out running errands, I took this picture of an accessible parking space as it caught my eye for being so far out of the way.  This accessible space has numerous issues, but one of the biggest is its location relative to the main entry of the facility that it serves.  This space appears to be in a secondary parking lot and will require someone in a wheelchair to transverse probably 150 feet of uneven paving to get to the main entry.   The location of this space is a BIG red flag to serial plaintiffs who are looking to file lawsuits against small business owners.   This space will catch their eye just as it did mine.

In addition to the location of the parking space, there are several other non-conforming issues.   It may be hard to fully appreciate from picture above; however, the parking stall and aisle are too small to meet the requirements of an accessible parking space.  In addition, the aisle is on the wrong side of the parking space.   Finally, the signage on the pole in front of the accessible space is too low and the emblem of a wheel chair on the pavement is located too far into the accessible space.  It should actually be located towards the outer end of the parking accessible space.

Accessible Parking Stall Slope

One of the biggest issues currently being targeted by the serial plaintiffs is the slope of the accessible parking stall and accompanying accessible aisle.   The ADA requires both to be virtually flat.   A slight slope for drainage is allowed.  

 

The reason there can be virtually no slope is because loading and unload of a wheelchair could be an issue as the wheelchair could roll away depending on the slope.  Another issue and probably the most important is that if there is any slope to the parking stall or accessible aisle, then a wheelchair ramp from a specially designed van will not come in direct and square contact with the ground.   As a result, in many cases, the disabled person will not be able to unload into the accessible aisle.   For a visual of a specially designed van with a wheelchair ramp, go to www.amsvans.com.

As you can see from the picture on the right, most of the accessible space and accessible aisle are on a steep slope.   This will make it very difficult, if not impossible for a disabled person to use this parking stall.   To make matters worst, there is a flat area of the parking lot several spaces to the right where the accessible space could be located to meet the requirements of the ADA.   I have contacted the building owner and notified them of this issue; however, they have decided not to move the space.   Needless to say, this space is a BIG red flag to serial plaintiffs looking to file lawsuits against businesses who don’t meet the requirements of the ADA.

When the ADA was first enacted in the 1990’s, many municipalities were fairly loose in their interpretation of the ADA and allowed a ramp to be located in the accessible aisle as shown in the photograph on the left as a “stop gap” until a curb ramp could be installed at a later date.   The thought was to do what they could immediately to provide access to those with disabilities.   This practice is no longer allowed and where these ramps still exist, they are subject to a lawsuit as the ADA specifically and accessible shall be virtually flat.

states the accessible stall

If your property has a sloped ramp in the accessible aisle as shown in the photograph, I would immediately make plans to remove it and install an ADA approved curb ramp.

Where Is The Accessible Parking?

 The picture above shows another example of a poorly maintained accessible parking space.   Simply putting a sign in front of a parking space does not make it qualify as an accessible parking space.  As you can see from the photograph, there are no markings on the pavement as required indicating the accessible space or the accessible aisle.   In addition, the sign that is visible seems to be acceptable, however, there are other required signs that are more than likely missing or covered by the landscaping.   This attempt at an accessible space is a red flag for any serial plaintiff driving by looking for easy money.

Another issue that keeps coming up more and more are people parking in the accessible aisle adjacent to an accessible parking space as you can see in the photograph above.   I see this quite often now days and I have even seen it happen while the car parked in the accessible parking space is occupied.  It’s not acceptable to parking in the accessible aisle for even one minute while you run into the store.   Aside from this being prohibited with the potential of receiving a ticket for several hundred dollars, this practice in many cases will make the accessible parking space useless for those with a disability that require the use of a special van and a special passenger side wheelchair ramp as they will not be able to exit/enter the vehicle.  It's best to just not park in the accessible aisle and allow those with disabilities the full use of the accessible parking.

AHJ's Approval Of Accessible Spaces

I have recently noticed that several of my clients have added accessible parking stalls without obtaining approval of the Authorities having Jurisdiction (AHJ’s).   Although this may seem like a cost effective solution, it could result in substantial cost at a later date.

If there are currently no accessible parking stalls in a parking lot and a van accessible stall and accessible aisle are added as required, then more than likely one standard parking stall will be lost.   The loss of a parking space is not something the AHJ’s take lightly.   In most cases, when a van accessible stall and accessible aisle are added to a parking lot, then plans need to be submitted to the AHJ’s.   In some cities this is simply an administrative procedure, however, in other cities, there may be certain requirements the must be met before the AHJ’s grant approval.   It’s important that businesses work with the AHJ’s to gain approval.   Failure to do so may have consequences.   

I recently worked on a project where the owner has previously made modifications to the parking lot layout without approval of the AHJ’s.   When the owner wanted to add a van accessible stall and accessible aisle ( due to a lawsuit ) the AHJ’s made the owner re-stripe the entire parking lot ( about 30 spaces ) to bring it into conformance with plans approved in 1960.   Needless to say, this was a substantial cost the owner had not included in their budget.   

If you are adding a van accessible space to your parking lot, you should enlist the services of an architect ( such as myself ) who can draw plans of the existing parking lot with the added van accessible space and submit them to the AHJ’s for approval.  

It’s also important to note that if you decide as part of your normal maintenance to resurface and restripe your parking lot, the Americans with Disabilities Act (ADA) and the California Building Code (CBC) require that accessible parking be provided based on the codes in effect at the time of the resurfacing.

Accessible Parking Stall Aisles

The ADA requires a certain number of accessible parking spaces based on the total number of spaces in a parking lot.   At a minimum, there must be one accessible space and it must be a van accessible space with an accessible aisle on the passenger side as shown in the photograph above.   

Many do not understand why an accessible space needs an accessible aisle.   The reasons are simple………..those with disabilities simply need more area to maneuver as many have walking aids such as walkers, canes and more importantly wheel chairs.   One of the biggest reasons for the accessible aisle is because many of the disabled use a specially designed van that has either a hydraulic lift or ramp on the passenger side of the van so they can load/unload directly into the area allowed by the accessible aisle.   Some believe the accessible aisle is too big as it eliminates one standard parking stall; however, if you work out the dimensions of the device used to load/unload a wheel chair, it soon becomes clear why so much space is required.

The photograph on the left is what appears to be an accessible stall, however, as your can see, there is no accessible aisle on either side.   It’s clear that who ever painted this stall had no concept as to the use of the stall.   This stall has no advantage to a person with disabilities.

Accessibility In Parking Lots

One of the quickest ways to get a lawsuit for violations of the Americans with Disabilities Act (ADA) is to have a parking lot that does not comply with the ADA.   Parking lots must meet the requirements ONE HUNDRED PERCENT.  The reason for this is simple..........although the law requires a plaintiff to have personally encountered the violation of the ADA, many serial plaintiffs simply drive by and record the businesses address in order to file a lawsuit.   This is why the ADA lawsuits are sometimes referred to as "drive by" lawsuits.  While there are many parking lot issues that can get a businesses into trouble, one of the easiest ways is to not maintain any existing accessible parking that already exist in the parking lot.  Businesses have an on-going obligation to maintain their accessible parking and the accessible route to the main entry of the building.   As you can see from the photograph above, there is just about nothing that is accessible about this parking stall.  The only way to determine this is an accessible stall is the faded emblem of a wheel chair on the pavement at the rear of the stall.   To be fair, there is also some non-conforming signage on a pole in front of the stall.  In addition to the many technical violations this stall has, it's also is too far from the front door.   The ADA requires that accessible stalls be as close as possible to the main entry door of the building.

Another quick way to get into trouble is to use your accessible parking for something else besides accessible parking as can be seen in this photograph to the left.   Although they do have an accessible stall that does not the requirements of the ADA, the business owner has decided to make matters worse by using half of the parking stall for storage of their merchandise.   This business is located on a major street with the parking lot being very visible from the street.   As a result, the chances of this business receiving an ADA lawsuit are very high.  To minimize their exposure, this business should at a minimum remove the merchandise from the stall and repaint the accessible stall to meet the technical requirements of the ADA.   In addition, this stall needs the proper signage installed