©2015 the mcintosh group, llc - nfmt · quiktrip: the consent decree ... ada lawsuit repellent...
TRANSCRIPT
©2015 The McIntosh Group, LLC
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Brad Gaskins, AIA, CASp, NCARB
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Ya’ll!
And I don’t speak with a drawl…
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Before we get started…
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Why are we here today?
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Timeline of the Americans with Disabilities Act
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Title IEmployment
Title IIGovernment
(state and local) Title IIIPublic Accommodations
and Commercial Buildings
Title IVTelecommunications
Title VMiscellaneous
Regulations
ADA Standards
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Civil Rights Law
NOT
What is the most important thing to know about the ADA?
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NOaren’t responsible for interpreting or enforcing
the ADA
no process to obtain a
variance
What does the ADA feel like?
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It depends!
What is the most common answer to a question about
the ADA Standards?
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What must comply?
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Existing building obligations
NO
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What about Safe Harbor?
YES
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"Federal NOS: Civil Rights: ADA-Other... Court Trends & Analysis." Monitor Suite®. Web. 29 Jan. 2014. <http://www.monitorsuite.com>.
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ADA Lawsuit Trend
0 500 1000 1500 2000 2500 3000 3500
2007
2008
2009
2010
2011
2012
2013
"Federal NOS: Civil Rights: ADA-Other... Court Trends & Analysis." Monitor Suite®. Web. 29 Jan. 2014. <http://www.monitorsuite.com>.
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Where are the lawsuits?
Scale
07 to 13
13 to 28
28 to 41
41 to 53
53 to 76
76 to 99
99 to 156
156 to 223
223 to 396
396+
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QuikTrip: The Consent Decree
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QuikTrip: The Result
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Burger King: July 2010
this was just 10 stores
$750,000± per store
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Burger King: October 2012
this was just 86 stores
$217,000± per store
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Starbucks
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Starbucks
To vindicate the public interest, the Justice Department may
seek civil penalties…
Not exceeding $55,000 for a first violation; and
Not exceeding $100,000 for any subsequent violation.
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Civil Penalties
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Attorney’s Fee and Costs
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ADA Lawsuit Repellent
Introducing…
How to become an unappealing target
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Demographics
Source: U .S . Census Bureau, Survey of Income
and Program Participation, May–August 2010
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Demographics
Americans with Disabilities Source: U .S . Census Bureau, Survey of Income
and Program Participation, May–August 2010
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Spending Power
Sources: Travel Industry Association of America/Harris Interactive/Open Doors/Society for Accessible Travel and Hospitality Survey, 2002; The National
Organization on Disability/Harris Interactive - Survey of Americans with Disabilities, 2004; Diversity, Inc,2001; Within Our Reach: Findings and
Recommendations of the National Task Force on Technology and Disability, 2000; Simmons Market Research Bureau, 2000.
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Spending Power
$220 BILLION in discretionary spending
Video courtesy of and © 2013 Guinness and Co.
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Don’t stick your head in the sand!
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Knowledge is the key!
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Questions?
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